Belleville Mayor Blasts ‘Attempted Coup’ Of Local Planning Board

BELLEVILLE, NJ — Meetings will resume. That was the bottom line from Mayor Michael Melham, after the Belleville Town Council tackled a bitter controversy involving the local planning board that he described as an “attempted coup.”

During their public meeting on Tuesday, the council ratified the appointments of several Class IV members of the Belleville Planning Board by a 4-3 vote. According to Melham, the move was a “quick and easy remedy” to a thorny issue.

His critics aren’t so sure, however (read more below).

Earlier this month, the planning board temporarily suspended its meetings amid accusations that Melham appointed several of its members “illegitimately.” Read More: Belleville Planning Board Suspends Meetings Amid Scrutiny

In February, the board's vice chair, Andrew Conte, alleged that six of the board's Class IV members – who were appointed at the mayor's discretion – have been illegitimately occupying their seats since July 2019. After his presentation, the board voted to adjourn on the advice of counsel, with the intent to further probe the allegations. Read More: Belleville Planning Board Adjourns After Vice Chair's Allegations

Since then, other Belleville community leaders have been pushing for more investigation into the appointments, including former school board member Michael Sheldon, former town commissioner Vincent Frantantoni and former mayor Mario Drozdz.

The issue reemerged at the Belleville Town Council meeting on April 12, and again at the planning board meeting on April 14, when the board's attorney, Rose Tubito recommended the temporarily suspension.

Tubito cited the expert opinion of Michael Kates, a municipal land use attorney who was asked to determine the validity of six appointments of Class IV members of the planning board by Melham from July 8, 2019 to June 28, 2021.

Kates wrote that despite Melham's assertion that he has the authority to appoint those planning board members, the town council has actually had that power ever since Belleville switched from the commissioner form of government to the council-manager form.

Read his full opinion here.

MAYOR: ‘IT WAS AN ATTEMPTED COUP’

On Wednesday, Melham released a statement explaining more about what happened during the previous evening’s council meeting, noting that all of his planning board appointments are now ratified – a possible solution that Tubito had suggested.

Melham reasserted his previous stance that the mayor has the authority to appoint Class IV members of the planning board, but added that it was in the best interests of the township to perform the “quick and easy remedy.”

“The question of my ability to appoint Class IV members of the planning board was first raised in 2019, and has repeatedly been asked and answered,” Melham said. “The township’s belief is rooted in state statue, local ordinance, as well as two legal opinions; one from the current planning board attorney and another from our township attorney.”

He continued:

“The Planning Board’s approvals issued were never in jeopardy, as only several Class IV members had come under question. A majority of the board, Mayor Melham (Class I Member), Jacqueline Guaman (Class II Member), Councilman Tommy Graziano (Class III Member) and two Class IV members, have never come under question. Furthermore, in the years since the mayor’s appointments have been questioned, not a single Planning Board approval was ever challenged during the 45-day legal challenge period immediately following board approval.”

According to Melham:

“In November 2019, the Planning Board attorney was asked whether the mayor’s appointment of a specific individual, as a Class IV member of the Planning Board, was allowable. While the original question dealt more with whether a ‘particular individual’ could be considered a Class IV member, the attorney’s opinion found that this member was rightfully appointed by the mayor under Chapter 19 of the township - the section the mayor has relied on to make appointments. If the mayor was permitted to appoint this individual as a Class IV member, then it stands to reason, it’s the Planning Board attorney’s position that the mayor could appoint Class IV members.”

The mayor added:

“Also in November 2019, the township attorney was asked to provide input on this same topic. He cited state statute, N.J.S.A 40:55d-23a. Planning Board Membership, which reads: ‘Class IV--other citizens of the municipality, to be appointed by the mayor or, in the case of the council-manager form of government pursuant to the Optional Municipal Charter Law, P.L.1950, c. 210 (C.40:69A-1 et seq.) or “the municipal manager form of government law” (R.S.40:79-1 et seq.), by the council, if so provided by the aforesaid ordinance.’”

“State statute does indicate that the council can appoint, if local ordinance permits,” Melham said. “To that end, Belleville does have a local ordinance, Chapter 19, under which it has been operating, however, it gives the appointment to the mayor consistent with the Municipal Land Use Law.”

Melham concluded his statement by blasting his critics and the timing of the suspension, which took place just weeks before the town’s municipal election on May 10. Read More: Belleville 2022 Election: Mayor, Council Races Enter Home Stretch

“What we saw at the last Planning Board [meeting] was disgusting,” Melham said. “Three weeks before a municipal election, it was an attempted coup, with all the players reading off a script.”

“The chairman should have never allowed activists to disrupt a public meeting in the manner they did,” Melham said.

“The mayor’s appointments have now been ratified by the mayor and council as requested, and therefore the meetings will resume,” Melham concluded.

Some Belleville residents say the fight isn’t over yet, however.

According to Sheldon – who has been appearing at council and planning board meetings to argue his point during public comment – the matter should be brought before the Superior Court for a declaratory judgement.

On Tuesday, acting on advice from Kates, Sheldon presented the council with a relevant court case, City of Hoboken v. City of Jersey City, 347 N.J.Super. 279 (2001).

“This case dealt with the application of the de facto officer doctrine and effectively says that the failure to have a quorum cannot be cured retroactively – which is what you’re attempting to do tonight,” Sheldon argued.

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