Skudera team takes office in Tinton Falls
Law director, engineer appointments challenged
BY KENNY WALTER Staff Writer
An overflow crowd filled the Tinton Falls Borough Council chambers July 1 to witness the swearing in of a new mayor and two council members who won election in an upset victory over the previous administration.
Michael Skudera takes the oath of office on July 1 in Tinton Falls.
Spectators cheered when Michael Skudera took the oath as mayor and NancyAnne Fama and Scott Larkin were sworn to seats on the council.
But the reorganization meeting was not without controversy over several appointments proposed by the new mayor, particularly those of the director of law and the borough engineer, which drew heat from two holdover council members.
Councilman Andrew Mayer criticized Skudera's proposal to appoint attorney Brian M. Nelson as director of law in place of James Berube, who served in the position for the previous four years.
"Personally I'd like to see Jim Berube continue," Mayer said. "Jim has over 30 years of experience. He has served us well the last four years.
"He knows all the nooks and crannies of all the issues we need to address," he continued. "I'd really like to see Jim Berube be considered for this position."
One of Mayer's main issues with the appointment was the difference in experience of the two attorneys.
"Nothing against Brian," Mayer said. "He has some good background; he's just beginning. Jim has extensive background.
"I don't really understand why we want to change course right now as far as our borough attorney," Mayer added. "It's going to be a real steep learning curve for Brian. It's going to take a lot of time and research to get up to speed on all these issues."
Another issue for Mayer was Nelson's work with neighboring municipalities.
Nelson, of Menna, Supko & Nelson in Red Bank, is a law partner of Pasquale Menna, current mayor of Red Bank and serves as township attorney for Middletown.
Mayer said the potential for conflicts is a concern.
"If we have issues with our neighboring towns, there are potential conflicts of interest with neighboring towns that I would prefer not to see," he said.
Mayer revealed that he filed a complaint with the Government Records Council. He claimed that Nelson provided Skudera with advice for more than a month and that he made campaign contributions.
However, Borough Administrator W. Bryan Dempsey said that because Nelson was appointed as a borough employee, the pay-to-play rules don't apply.
"That wouldn't apply here whether it is Mr. Nelson or someone else, that individual is going to be an employee," Dempsey said. "If they received a professional contract, then that would be an issue."
Dempsey explained in an interview Monday that Nelson is considered a salaried borough employee and that the pay-toplay rules do not apply.
"It wouldn't apply here," Dempsey said. "He gets a set fee whether he works 1,000 hours or 2,000 hours. It's not like he can bill us a retainer."
Nelson also claimed that the $5,000 in question was not a contribution to Skudera, but appeared to be payment Nelson received for work he did representing the Monmouth County Republicans.
After Mayer continued to press the issue, he was met with impatience from the crowd.
"Move on!" and "Who cares?" were some shouts from the crowd.
After a few gavel raps and a few more comments from the crowd, a vote was taken.
Mayer and incumbent Councilman Duane Morrill, who was named council president, voted against Nelson's appointment, while the remaining incumbent Gary Baldwin voted for the appointment.
"I do respect the mayor's authority to make this appointment," said Baldwin, who was not physically present, but voted via speakerphone.
"Although I am in full support of Brian's appointment," newly appointed Councilwoman Nancy Ann Fama said. "I am so glad that Jim Berube has been a great asset to the town. His integrity and character is above reproach."
After the appointment of Nelson, it was announced that Berube would still be on board as a special counsel until the end of the year. That appointment received a unanimous 5-0 vote.
"Frankly, keeping Jim Berube as a special counsel serves my desires to have him available to be in the leadership through these difficult issues facing us," Baldwin said.
"It is imperative to me and my council to keep this man available to us," he added.
Another appointment that met with resistance was that of David M. Marks, of T &M Associates, as engineer in place of Alan Hilla Jr., of Birdsall Engineering.
When some council members said they knew very little about Marks, he presented biographical information that included five years of residency, 11 years of service for T&M and his current service as engineer for the boroughs of Atlantic Highlands and Rumson.
He also listed several projects he has been involved with in Tinton Falls.
"I've actually worked on a number of projects here in town under T&M Associates," he said. "The Sycamore Avenue soccer complex is one of the projects I designed. I was also involved in the West Park football complex."
Another concern of some council members was how much his services would cost.
"I believe the top rate was around $120 an hour, which I believe was in line with previous engineers," Marks said.
"The rates remain the same," Dempsey added.
Marks' appointment was also a 3-2 vote, with Morrill and Mayer voting against.
The final contended
vote was for public safety director, a position for which Skudera nominated Dempsey over current director John N. Bucciero.
"Personally I'd like to see John Bucciero carry on that position," Mayer said. "He's done an outstanding job the last couple of years."
"I also think Mr. Bucciero has done a phenomenal job during his 10 years here," Morrill said.
The two council members once again voted against the appointment, which once again passed with the other three council members voting in favor.
However, the appointments were not all controversial.
By unanimous votes, Dempsey remained director of administration and Stephen Pfeffer remained as director of audits, accounts and control.
The director of building and development position, which, according to Borough Clerk Karen Mount-Taylor, has been vacant for 12 years, remains vacant while Bucciero will continue as director of public works.
However, Bucciero's days as director may, in fact, be numbered as he wasn't reappointed, but rather no one else was appointed to the position.
"I do not have any date in mind," Skudera said. "I'd like to leave it as is until an appointment is determined."
Baldwin will hand over the reigns as council president to Morrill.
"It's been a real good experience for me and it's been my pleasure to guide the council during this year," Baldwin said before the vote. "And tonight I'm real pleased to turn it over to whomever the council decides to guide it for the next year."
Morrill was then nominated and appointed as president.
"I would like to thank you for your dedication and your service to the town," Morrill said. "I only hope I could do half as well as you did sir."
Skudera also made appointments to the planning board. Frank Lodato, Fred Lomangino, Scott Trocchia will join Skudera and Baldwin on the board. Nicole Alfano will serve as an alternate member.
Officials in attendance included former state Assemblyman Joseph Azzolina, Monmouth County Freeholder Lillian Burry, and 12th District legislators Assemblyman Declan O'Scanlon, Assemblywoman Caroline Casagrande and Sen. Jennifer Beck.
"Mike is no stranger to public service," Burry said after swearing in Skudera earlier in the night. "He's been there, he's done it, but now he has a chance to do it even better.
"He's got challenges ahead of him," Burry added. "We have what is happening at the ammunition depot with the housing situation. We have the Fort Monmouth economic revitalization and we have the fact that New Jersey has reduced its municipal aid.
"He has the energy, the intelligence, the drive and, of course, the support of a lot of good people."
For Skudera, the day was a chance for him to move forward from a long, drawnout campaign season.
"I just want to thank each of you for your support in my run as mayor," Skudera said. "The campaign season was a long season, and now it's over."
"I look forward to putting our differences aside and to be able to work together for the residents of Tinton Falls."
Azzolina, who is president of Food Circus Supermarkets where she is employed, administered the oath of office to Fama.
"I think she will do an excellent job as councilwoman at Tinton Falls," Azzolina said.
"She knows how to deal with the unions, negotiate," Azzolina added. "Any problems you can think of she's great at it."
Larkin was sworn in by Mount-Taylor.
The night concluded with O'Scanlon and Casagrande congratulating the elected officials.
"We are here to say congratulations," Casagrande said. "We looking forward to working with you to meet those challenges."
"In the name of brevity congratulations to all," O'Scanlon said.
Contact Kenny Walter at
kwalter@gmnews.com.
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Wednesday, September 30, 2009
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