by GOP presents ‘conflict’
Konopka says council
should not have backed
Tantillo’s position
By kathy baratta
Staff Writer
HOWELL — Mayor Timothy J. Konopka said a motion barring the Planning Board attorneys from participating in township litigation was wrong for more than one reason.
It also was rendered moot because the trial it was directed at finished at the end of the week of the Township Council vote, with all litigants now awaiting the judge’s decisions.
The motion, which was passed in June by three of the four Republicans on the council, stops the two Planning Board attorneys from alternately serving as joint counsel with another lawyer defending the town against litigation challenging the 6-acre zoning that went into effect in northern Howell two years ago.
The rezoning changed the ARE-2 zone into the ARE-6 zone. ARE-2 meant a home was to be built on a minimum 2-acre lot; ARE-6 raised the minimum lot size to 6 acres.
Vincent Tantillo of Casino Drive is one of several litigants, including U.S. Home, who are suing the township over the new zoning. Tantillo is also a Republican county committeeman and "the second-highest ranking Republican in the township," according to Konopka, a Democrat.
It was Tantillo who took issue with Planning Board attorneys Louis Rago and Ronald Cucchiaro alternately sitting at the defense table with lawyers from the office of the former township attorney Richard Schibell.
Schibell’s associate, Dominick Manco, was retained by the current Township Council to defend the lawsuit due to his knowledge of the issue.
After Tantillo brought to the governing body’s attention the fact that Cucchiaro has continued his trial attendance even though the Planning Board is no longer a defendant in the lawsuit, the council voted 3-2 to stop Cucchiaro or Rago from further participation in the matter.
Republican Councilwoman Cynthia Schomaker asked, "Why pay two litigators?"
Although voting with Konopka against halting Cucchiaro’s participation in the trial, Deputy Mayor Peter Tobasco then asked that Manco appear before the governing body to explain why he needs help.
Konopka said Cucchiaro was needed as co-counsel because he has a "needed expertise."
Planning Board Chairwoman Pauline Smith told the governing body that in view of the board being a named defendant, "it was an investment by our attorney to help set up background with Manco."
Smith said that after the Planning Board was dropped as a defendant, the board voted unanimously to continue Cucchiaro’s participation unless it was disapproved of by Superior Court Judge Ronald Lee Reisner, who is hearing the matter.
Tobasco, who sits on the Planning Board with Konopka, said he had been aware that Cucchiaro was to appear early on in the proceedings, but he did not know he was attending the entire trial.
Tobasco said he voted the way he did because although he agrees the council should have been apprised of Cucchiaro’s continued appearance, he also "worried about a drastic measure mid-stream" as the trial, which has been ongoing over the past month, is expected to conclude within a few weeks.
The motion was made by Republican Councilman Joseph M. DiBella.
Konopka asked, "Why weaken your defense to save a couple thousand now when you’ll pay millions later in the environmental and infrastructure damage?"
Furthermore, Konopka claims the motion represents a "major conflict of interest" for Republicans Schomaker, DiBella and GOP Councilman Juan Malave to vote "in favor of Tantillo," since Tantillo is a litigant suing the township as well as an influential Republican in Howell.
DiBella, in defending the Republican vote, said, "Maybe there was some merit to the Planning Board sending an attorney," then he asked that Manco appear before the Township Council and apprise them of the situation.
Speaking after the June 16 meeting, Manco said, "From a business point of view it made sense" for Cucchiaro to stay as additional counsel. He said that when the Planning Board initially had been a named defendant, Cucchiaro and Rago had submitted a trial brief after a "substantial amount of work already done by their office."
Also speaking after the meeting, Konopka told the Tri-Town News, "My concern is Tantillo is a litigant asking the town to make a motion in favor of him."
Konopka said the vote by the three council Republicans was a "slap in the face of the people of this town." He said the governing body could have requested Manco to appear without first passing a motion that would preclude Cucchiaro’s continued involvement.
"There will be a major impact on this town from this litigation," Konopka said. "It would be imprudent to yank (Cucchiaro) now. Let (Manco) come and explain why the additional counsel is necessary."
Malave said he didn’t have a problem with Manco needing assistance, but noted, "I don’t believe it should be left to the Planning Board to decide what assistance Manco will get."