Alleged ties between mayor and attorney questioned

By: Scott Morgan
   UPPER FREEHOLD — Sue Kozel insists she isn’t accusing anybody of anything. She just wants some answers from Planning Board Attorney Frank Armenante.
   At the April 22 Planning Board meeting, Ms. Kozel, a member of the township Environmental Commission, questioned Mr. Armenante about his affiliation with Mayor Bill Miscoski (who also sits on the Planning Board) and The Greens Restaurant at the Cream Ridge Golf Club, both of which are owned by Mr. Miscoski and Miscoski Associates.
   Ms. Kozel cited Monmouth County documents showing that Mr. Armenante’s law firm — Malsbury & Armenante, P.A., of Allentown — represented Miscoski Associates in "several business and real estate transactions concerning Cream Ridge Golf Club." She then posed the question, "Do you still represent the mayor and Miscoski Associates as their personal business attorney?"
   Ms. Kozel suggested there could be a conflict of interest in Mr. Armenante’s dealings with the mayor, adding in a later interview that even the appearance of a conflict could be a sticky ethical situation.
   "There should be no perception of bias. Period," she said.
   Mr. Armenante and Mayor Miscoski both referred Ms. Kozel to Mr. Armenante’s public disclosure form, which spells out all public business with which he or his firm are connected. This form shows business names with which Mr. Armenante has professional connections, but it does not explain the nature of those relationships. In other words, the form does not say whether Mr. Armenante has ownership or provides legal counsel or has any other function with the companies.
   In light of that answer, Ms. Kozel said in a later interview that she simply is not getting information in her quest to "get the facts." But Mayor Miscoski said Ms. Kozel was given an answer, which should show her that "Mr. Armenante does nothing for me. He has nothing to do with my restaurant, he has nothing to do with my golf course. He is not my personal attorney."
   Mayor Miscoski said he chose not to explain that to Ms. Kozel because, for one thing, "she got answers," and for another thing, he said, Ms. Kozel is more interested in looking for problems that do not exist than in doing anything constructive for the township. Besides, Mayor Miscoski added, Mr. Armenante should not have to be in the position to defend himself in the face of "unfounded" accusations.
   Mayor Miscoski cited Ms. Kozel’s repeated communications with the state Department of Community Affairs alleging the possibility of conflict of interest or professional impropriety.
   "She’s never been found to be right," the mayor said.
   But Ms. Kozel said again that she was not accusing Mr. Armenante, or the mayor, of specific impropriety. Rather, she said, she wants to eliminate even the appearance of impropriety. A staunch advocate of open space preservation, Ms. Kozel said it is critical for township residents to know what leanings are held by those who serve them.
   "This is not Russia, this is America," Ms. Kozel said. "There should be no secrets when it comes to business dealings."
   Ms. Kozel referenced an Internet site on which "a golf course in the middle of New Jersey’s horse country" was posted for sale and which had Mr. Armenante’s name attached to it. While she did not know for certain whether that golf course was the Cream Ridge Golf Club, Ms. Kozel said the description led her to believe it very possibly was.
   In a Monday interview, Mayor Miscoski said his course was posted on the site but was not actively being marketed for sale. The posting was a three-month posting (which expired this week) to see if there were any interested takers, Mayor Miscoski said. But he said there were no offers and the advertisement no longer exists.
   But whether the golf course for sale belonged to Mr. Miscoski or not, Ms. Kozel said, it is important for township residents to know that the Planning Board’s attorney — especially at this time in the township’s history, when Upper Freehold is debating how to redo its Master Plan — is simpatico with developers. If that is the case (or even if it is perceived to be the case), Ms. Kozel said, it "blurs objectivity."
   Despite Ms. Kozel’s insistence that she is only asking needed questions, Mayor Miscoski said he is exploring his own legal options (not with Mr. Armenante) about how to handle what he considers harassment.
   "She’s gone over the line," Mayor Miscoski said. "I’m just not going to tolerate that anymore."
   But, he added, he will not let such finger pointing get to him.
   "There are many more important things in this town (than) false accusations and nonsense."
   Ms. Kozel said she will continue to search for answers.