Locating a cell tower in Fair Haven, an issue that took years to resolve, is again generating controversy as fodder for political adversaries.
Mike Panter Assemblyman Fair Haven Mayor Michael Halfacre responded to allegations Monday from Democratic Assemblyman Michael Panter (D- 12) and Assembly candidate Amy Mallet.
“We’re calling a special meeting of mayor and council to address concerns that Assemblyman Panter appears to have about Fair Haven’s cell tower deal,” said Halfacre, who invited Panter and Mallet to attend a special meeting scheduled to be held the next day at 9 a.m. in Fair Haven Borough Hall.
In an Oct. 5 press release, Panter and Mallet, who are running mates, charged Halfacre and cell tower consultant Declan O’Scanlon with conflicts of interest in the awarding of contract for a cell tower in Fair Haven.
On Monday, O’Scanlon, the Republican Assembly candidate for the 12th District whose firm was the cell tower consultant for the borough, responded, saying the charges are false.
Said O’Scanlon: “It’s absolutely a false charge. I don’t know where the story is. It was publicly bid. This is just their attempt to scandalize the lives of anyone who dares run against them. This press release has no founding.”
Michael Halfacre Mayor O’Scanlon’s firm was originally chosen to be the borough’s cell tower consultant through a no-bid contract in March, which was later rescinded and then put out to bid. O’Scanlon’s firm and three other firms bid in this process with O’Scanlon’s firm finally being awarded the cell tower contract again in April, according to the Oct. 2 press release.
In the press release, Panter and Mallet charged conflicts including that Halfacre and O’Scanlon failed to disclose a business relationship existed; and that Halfacre is a contributor to O’ Scanlon’s Assembly campaigns. Further, the Democrats’ press release said the alleged conflicts were not disclosed when the borough awarded O’Scanlon a contract to negotiate a cell tower deal.
According to the press release, the Democrats sent a letter Oct. 2 to Attorney General Anne Milgram calling for an investigation into the public contract.
Declan O’Scanlon But Halfacre, an attorney, said Monday that O’Scanlon disclosed that he had a prior professional relationship with the mayor in his bid package in April.
“Yeah, I’ve contributed to Declan O’ Scanlon’s campaign. I did it two years ago when he ran against Mike Panter and I did it again this year,” said Halfacre. “I’ve known Declan O’Scanlon for more than 15 years and I’ve represented Declan O’Scanlon in my private law practice.”
He added, “Declan O’Scanlon disclosed it [the relationship] because he is the one seeking work from the borough and it’s in his bid package that was submitted to the borough. It very clearly states that he and I had a prior relationship.”
According to Panter’s office, a report from the New Jersey Division of Revenue shows that Halfacre was employed by O’Scanlon’s company as recently as July 2005.
The Democrats’ Oct. 5 press release stated that Halfacre was the business agent for O’Scanlon’s company, Gaelic Communications LLC, at that time. The firm subsequently changed its name to FSD Enterprises – the entity that received the Fair Haven public cell tower contract.
Halfacre added Monday that he did
not vote on the awarding of the contract to O’ Scanlon’s company.
“I do not have a vote as mayor; I do not have the power to move a resolution,” said Halfacre. “I do not have the power to vote on a resolution. That’s council’s job. By law I did not have a vote on this matter. I just don’t know what Mike Panter’s trying to paint here.”
Earlier this week, O’Scanlon aimed some barbs of his own at his political opponents.
“Mike Panter’s failure to get the job done there [in Fair Haven] is the only reason they had to hire a consultant in the first place,” he said.
“They called me to help make the project work and to maximize revenue to the taxpayers in Fair Haven. There is no question that those two missions were accomplished and were extremely successful,” he continued.
“So Mike Panter’s suggestion here, that perhaps I shouldn’t have been involved there, what he is saying is that it is OK that the project completely fell apart or a lot less money was generated for the residents.”
According to Panter, Halfacre was charged with negotiating O’Scanlon’s contract.
“There are several opportunities for council members and the mayor to disclose information regarding conflicts of interest and compensation contracts to ensure the public is informed,” said Panter in the press release.
“Before the borough does business with any entity, every member of the governing body should disclose any personal or professional relationships they may have, and should then proceed to recuse themselves from any conversations regarding the hiring of that entity,” he continued.
“In addition, resolutions that award public contracts to a particular company should include the full compensation for that company. In this case, there were three resolutions for FSD Enterprises and not one of them mentions a single dollar the borough is paying the company.”
He added, “The residents of Fair Haven deserve to know every detail of public contracts since it is their money being spent on these deals. Transparency in government is not just a campaign slogan; it’s something we need to implement at all levels of government.”
In response to the concerns expressed by Panter and Mallet, Halfacre and the Fair Haven Borough Council scheduled a special meeting to discuss the cell tower deal, which was a contentious issue in the borough, and to answer questions.
“Assemblyman Panter, I think in his attempt to discredit Declan O’ Scanlon, has called into question the integrity of myself and Borough Council of the borough of Fair Haven,” said Halfacre.
“I would point out that Assemblyman Panter, as far as I know, has never been to our borough hall to look at any of the documents which are all public records, never attended any of the council meetings at which the O’Scanlon contract and the cell tower contracts were awarded and, for lack of a better word, is shooting from the hip without educating himself on the real facts.”
Panter responded Monday, “With respect to tomorrow’s meeting, we’ve said all along that this should not be politicized. They owe answers to the residents of Fair Haven and not to myself or Amy Mallet. We believe our attendance will politicize it. But we probably will not be in attendance,” said Panter.
Halfacre first came under fire last week when he sent an e-mail to a resident misrepresenting how much O’Scanlon had profited on the Fair Haven cell tower deal.
“I made a mistake in responding to a resident’s e-mail. I was never unaware of the terms of the agreement,” said Halfacre Monday.
In an Oct. 2 press release, Panter charged that O’Scanlon’s salary was not disclosed to Fair Haven residents and that residents were unaware that in addition to a publicly-received $5,000 bid he may be able to receive 35 percent of first year lease revenues.
“Interestingly enough FSD’s contract with Fair Haven dates back to May [2007], Fair Haven awarded the contract in May it’s interesting that none of it was a concern to Mike Panter until three or four weeks before his election date,” said Halfacre. “I mean talk about transparent attempts to sling mud.”
The borough awarded a bid for the construction of a 140- foot-tall cell tower on the property of Christ Church United Methodist, Ridge Road, at the Sept. 11 council meeting.
The approval of the ordinance ended three years of controversy surrounding securing a site for a cell tower.
During that time, the borough was rebuffed twice by the N.J. Department of Environmental Protection when it sought to swap borough-owned property for permission to put the tower on Green Acres property at Fair Haven Fields.
The council also considered several borough owned properties for the tower, but all met with strong opposition from nearby residents.