Joanna Slagle, Borough Planner, said the process required “tight solicitation” and “unfettered discretion” as the goal was to “create a process that is tight,” continuing:” “this is competitive.” She said that the application listed 15 items to be submitted, and if not all were submitted on the day of receipt, the application would be deemed incomplete.
“One application was four minutes late,” noted Slagle. “Case law says: the time is the time. If you miss it, you’re not considered,” adding, “every potential applicant must follow the same rules. When a bid or public application is deemed incomplete, that is it.”
Slagle said that two of the three applications were received well ahead of time, but not only was one application late, the same applicant did not submit the fee due until the following day. She said that, in her opinion, the applicant “failed both tests” and that the Council should only review the two applications that were submitted by the deadline.
In response, Heather Kumer of Sourland Provisions exclaimed, “They are talking about our bid! That’s unfair! It’s unfair!”
Sky Morehouse, Council President, said the two complete applicants were New Jersey Pure and Evolve Sky.
Kumer paced the floor of the meeting room before tapping Slagle to get her attention.