Meeting shuts down over appointments squabble
BY PATRICIA A. MILLER
Staff Writer

BRICK TOWNSHIP - See you in court.

That was the message that Planning Board Attorney Charles P. Tivenan had for Councilwoman Ruthanne Scaturro at a tense Jan. 3 board meeting.

The two had a heated exchange after now-Mayor and board Chairman Daniel J. Kelly decided to postpone a controversial application because there were questions about new board appointments.

"How will this be settled now?" Scoter asked Tivenan.

"I think, Ms. Scaturro, we both recognize there is going to be litigation," he replied. "It's going to be in the Superior Court of New Jersey.

At issue is whether the appointments of former Brick police inspector Joseph Perna and Jack Hahn were legitimate, along with all of the other professional appointments then-acting Mayor and Township Clerk Virginia Lampman made during the brief time she was mayor.

Lampman replaced former Democratic Mayor Joseph C. Scarpelli, who resigned suddenly on Dec. 8, citing "personal reasons." Scarpelli pleaded guilty Monday in federal court to accepting bribes from an unnamed developer over a five-year period.

But the Planning Board appointments and all other appointments Lampman made are now under scrutiny. Democrats contend that the appointments belong to Kelly, since he will serve as mayor until a special election is held in November.

Tivenan said after the meeting that Lampman was pressured into making the appointments, including some that were "just ludicrous."

"It's just more of the politics they are playing, instead of being concerned with the citizens of Brick Township," he said.

Lampman named Perna, who is the director of the Ocean County Police Academy, as her mayoral designee to serve on the board. He replaced board member Sal Petoia.

Hahn, a former business administrator with the Wall Township school district, was named to replace board member Richard Gross, whose term expired at the end of 2006.

Lampman named Dominick Rappoccio to replace Kevin Aiello, who also served on the township and county environmental commissions.

Scaturro said Aiello had never been reappointed to the Environmental Commission, so he could not be reappointed to the Planning Board. Township law mandates that the Planning Board must have a member of the Environmental Commission serve on the board.

"I don't have anything against Mr. Aiello," she said. "I think he's a very fine gentleman."

But Tivenan produced a Dec. 22, 2005 letter from Scarpelli reappointing Aiello to a three-year term as a Class IV Planning Board member. Aiello's term was to run through Dec. 31, 2008, he said.

"Mr. Aiello has served and attended meetings not only for the Brick Environmental Commission, but something you might want to take back to council President Acropolis, is that council President Acropolis recommended Mr. Aiello to the county environmental commission, where he currently serves."

"One has nothing to do with the other," Scaturro said. "And as we have found out in the administration that existed after prior to this, there were a lot of things that fell through the cracks. And obviously, this was another one."

"Ms. Scaturro, you have my opinion," Tivenan replied. "You don't like it, certainly speak to Mr. Gilmore."

He referred to Township Attorney George R. Gilmore, who was appointed on New Year's Day. Gilmore is the Ocean County Republican Party chairman.

"I have," Scaturro said. "I have the opinion right here."

"Ruthanne, this is going to court," Kelly told Scaturro. "As far as I know, there is not a judge sitting in this room right now. So that's where we are going with this."

Scaturro said it was unfair that people knew the circumstances ahead of time and did not notify Rappoccio, who was supposed to replace Aiello. Rappoccio attended the meeting.

"I think that was a little tacky myself," she said. "But again, we've done that before in these circumstances. And I'm very disappointed in this board.

Rappoccio said Monday night that Lampman swore him in several hours before the board meeting. When he introduced himself to the board secretary before the meeting, she told him Kelly and Tivenan wanted to speak to him.

"They asked me to step outside," he said. "They told me they were not going to let me take my seat. They said the acting mayor had no authority to appoint me."

Council President Stephen C. Acropolis said early this week there was no letter from Scarpelli reappointing Aiello to the environmental commission.

"If somebody can produce a document that shows that, there's no need to make another appointment," he said. "The only thing she (Lampman) had was a document that showed his time ran out on Dec. 31, 2005. They never reappointed anybody. That's not our problem, that's their problem."

Acropolis said the Planning Board has made a number of decisions over the past several years that contributed to overdevelopment and flooding problems, like granting waivers on small lots to build oversize houses.

"Am I happy with the direction of the Planning Board? Absolutely not," he said.

The board will meet to reorganize at 7 p.m. on Jan. 5 in the municipal building.