Belleville Planning Board Attorney Resigns, Hearings To Proceed: Mayor

BELLEVILLE, NJ — The attorney for the Belleville Planning Board has resigned, according to Mayor Michael Melham.

Melham said Rose Tubito resigned via email on Thursday, two days after the town's municipal election. The planning board accepted her resignation during their meeting that evening. Read More: Belleville Mayor's Slate Claims Election Victory, Team Rovell Concedes

Tubito’s resignation is the latest development in a controversy over the town’s planning board that erupted before Election Day.

In April, 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

Since then, other Belleville community leaders have been pushing for more investigation into the appointments. The issue reemerged at the Belleville Town Council meeting on April 12, and again at the planning board meeting on April 14, when 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.

Melham has since accused his critics of trying to carry out an “attempted coup” on the planning board, and has maintained that the members were appointed legitimately.

During the April 26 meeting of the Town Council, its members retroactively ratified the appointments of several Class IV members of the Belleville Planning Board by a 4-3 vote, a recommendation that Tubito put forward.

According to Melham, the move was a "quick and easy remedy" to the thorny issue – although his critics have said they plan to continue the push for more investigation.

• See related article: Belleville Mayor Blasts 'Attempted Coup' Of Local Planning Board

Melham said he has since asked Tubito to provide legal justification for her claim that further meetings should be canceled, but alleged that “the goalposts kept moving.”

“The township’s position remains that the municipality has a duly seated planning board and hearings will proceed as scheduled,” the mayor stated.

The planning board’s next regularly scheduled meeting is Thursday, June 9 at 7 p.m. at 152 Washington Avenue.

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