Franklin Lakes February 24, 2010 THE VILLADOM TIMES I • Page 3 Council approves new professional appointments by Frank J. McMahon The Franklin Lakes Council has approved five new professionals who will serve the borough in various capacities effective immediately. West Orange attorney Richard A. Lustgarten was appointed as the new borough attorney, replacing Douglas Doyle of the Teaneck law firm of DeCotiis, Fitzpatrick, Cole, & Wisler, LLP. Springfield attorney Mark S. Ruderman was appointed as the borough’s labor counsel, replacing Raymond R. Wiss of the Hackensack law firm of Wiss Bouregy PC. Fort Lee attorney Steven Muhlstock was appointed as the borough’s tax appeal attorney, replacing Maurice L Stone of the DeCotiis law firm. Cedar Grove attorney Stuart Koenig was appointed as the borough’s attorney on affordable housing, replacing Edward Boccher who is also with the DeCotiis law firm; and Dieter Lerch, a Fair Lawn certified public accountant, was appointed as the borough’s auditor, replacing Frank DeMaria of the Paramus auditing firm of DiMaria & DiMaria LLP. Ruderman, Koenig, and Lerch held these same positions in the borough prior to being replaced by Mayor Maura DeNicola during her first term after being elected mayor in 2006. DeNicola strongly objected to the appointments, which were made on the record during the public portion of the meeting that followed a closed session of the council during which the appointments were discussed, especially because Borough Attorney Doyle had left the meeting. “I have an issue with not having an attorney here giving me assistance,” DeNicola said. She claimed the appointments are hers to make for up to 30 days following a vacancy in these positions and those vacancies do not begin while there are holdovers in those positions. Borough Administrator Gregory Hart concurred that, procedurally, these are mayoral appointments that are made with the advice and consent of the council. Councilman William Smith argued, however, that the positions became vacant on Jan. 1 and, since the mayor had not acted on them for 30 days following the start of the vacancies, the right to make the appointments defaulted to the council. He supported his claim by stating that, if that were not so, the mayor could avoid any vacancies simply by not appointing anyone, and that would not be logical. DeNicola claimed the positions are not vacant until she appoints individuals to fill them and the council votes against those appointments, but Smith asserted that, if there were no vacancies until a replacement is appointed by the mayor, there could theoretically never be a vacancy. “That’s not what the law says,” Smith told DeNicola. “You have 30 days, and if you don’t act within those 30 days, then it (the appointment) defaults to the council.” Councilman Michael Friscia said he believed there was an understanding that the council would go through a process for these appointments and the mayor was in agreement with that process. “I don’t think it is fair to take away her power of appointment after agreeing with the process so I would be in favor of allowing the mayor to make the appointments,” Friscia said. The motion by Smith to make the appointments was seconded, however, by Councilman Frank Bivona. The council then voted 5-1 to appoint Lustgarten, with Friscia voting no; 6-0 to appoint Ruderman; 4-0 to appoint Muhlstock, with abstentions by Friscia and Councilwoman Nathalie Lota; 6-0 to appoint Koenig; and 6-0 to appoint Lerch. Prior to the vote on Lerch, DeNicola said she wanted it on the record that she did not favor a change in auditors at this time because she feels DeMaria had served the borough well and the municipality has benefited from his guidance and advice. She asked for a motion to reappoint DeMaria, but Councilman Steven Marcus commented (continued on page 11) ������������������ Income Tax Preparation Personal Taxes � Business Taxes Competitive Rates � Quality Returns Offices in Mahwah and Ramsey, NJ 201-512-0300 n_buonfiglio@smallbizpros.com • • • • Tax Consulting and Preparation Monthly Financial Reporting Business Advice & Growth Complete Payroll Services Cirino LANDSCAPING Lawn Maintenance & Full Service Landscaping NEW CLIENTS ONLY ��������������������������������������������� ��������������������������������������������� ��������������������������������������������� ��������������������������������� ������������������������������������������������������������ ���������������������������������������������������������������� �������������������������������������������������������������� 15% OFF ANY JOB OR SERVICE W/COUPON • Exp. 3/31/10 Not Combinable �������������������� $25 Off Your Income Tax Return! Just Mention This Ad (Offer Expires 03/31/10) Get a FREE quote for seasonal landscaping. Pre-payment discount available. Call 201-891-0955 For Information The Best Smiles start with ������� ����� ��� Gums Healthy Teeth and ���� 2-24-10 pat/janine CirinoBW2x2(2-24-10) 2 X 2” Brush and Floss at least twice a day ������ ����� ��� ����� Get checkups and professional cleanings twice a year Check with your dental insurer; checkups are often an included benefit We recommend that you have a VizLite oral cancer screening annually And to get your teeth their whitest try Zoom2 Teeth Whitening $50 Off Zoom2 Teeth Whitening with complete checkup THROUGH MARCH 2010 We accept the following dental insurance*: Delta Premier • Cigna PPO Met Life • Guardian • GEHA Connection • United Healthcare insurance GODWIN DENTAL, PA Caring for our community for over twenty years 339 Godwin Avenue, Midland Park 201.652.7110 - Hours by Appointment Philip M. Schwartz, D.M.D., Administrator Marcia Popjes-Egedy, D.M.D *Check with your dental insurer for in network and out of network benefits. MasterCard and Visa accepted.