Mayor, council at odds over appointments Dems irked by O'Brien's decision to not reappoint borough attorney BY MICHAEL ACKER Staff Writer SAYREVILLE - In his first meeting with a Borough Council devoid of fellow Republicans, Mayor Kennedy O'Brien made numerous appointments, but ruffled the Democrats' feathers with one he chose not to make. The mayor kept many of the same professionals, but did not move forward with the reappointment of Borough Attorney Brian Hak, who was chosen as attorney last year by Democrats on the Borough Council. Monday's meeting was the first that O'Brien attended this year, since he was hospitalized for inflammation of the pancreas on Dec. 30 and for the next several days. Earlier this month, while he was at Raritan Bay Medical Center in Perth Amboy, O'Brien directed the council to appoint Michael Macagnone, Frank Bella and David Lewis to the Planning Board on his behalf. Lewis will take over for Donald Newton, who is now a member of the Sayreville Economic Redevelopment Agency. David Samuel, of CME Associates, was appointed to another one-year term as borough engineer, and Robert Clarke was reappointed as labor counsel. O'Brien moved to reappoint Beverly Rappleyea to a five-year term on the borough's Housing Authority, but the council did not approve the appointment. The mayor was disappointed with the lack of support for Rappleyea, according to Karen Surratt, O'Brien's volunteer aide. "The council did not entertain that motion," Surratt said later. "That will have to be revisited. The mayor was disappointed." Rappleyea told the Suburban that she was appointed to the Housing Authority in 2001 and has served as chairperson and vice chairperson. "I don't understand why past experience doesn't count with the current administration," Rappleyea said. "I thank the mayor for recognizing my abilities to appoint me to serve another term, as I was the first applicant for the position." Democratic Councilman Rory Zach told the Suburban that part of the reason why the Democrats did not reappoint Rappleyea is because her husband is a Republican county committeeman. He noted that other candidates have expressed interest in the position. Zach said this situation could have been avoided if O'Brien had submitted a list of his desired appointments for review to Council President Thomas Pollando as was requested in December. The Hak dispute Councilman Daniel Buchanan asked O'Brien why he did not reappoint Hak to the position of borough attorney. "Mr. Hak and I had a discussion," O'Brien responded, "and that discussion will continue." When asked about the nature of the conversation they were having, O'Brien responded that it is regarding the "role of the borough attorney and the role of the mayor." "He had a conversation with the borough attorney prior to the meeting," Surratt said. "As a professional courtesy, the mayor did not want to make it public." O'Brien is concerned with Hak's performance as borough attorney, Surratt said, adding that Hak did not keep O'Brien updated or reach out to the mayor during his first term as borough attorney last year. "[O'Brien] believes that the borough attorney has not given the office of the mayor its proper respect," Surratt said. "The mayor is on the record as saying that Mr. Hak is a partisan attorney." O'Brien wanted to keep politics out of the appointment, according to Surratt. "It is for those reasons why the mayor has chosen not to reappoint the borough attorney." Zach said he and fellow Democrats were surprised by O'Brien's decision. "A couple of us were taken aback," Zach said Wednesday. "Prior to last night, we knew nothing of his concerns except for his comments made months ago. There is no reason to not appoint [Hak's law firm] Weiner Lesniak." Pollando told the Suburban that Weiner Lesniak gave the borough a new contract at a lower price than the prior firm representing Sayreville. "It is a person being bitter because he didn't get his way with his own appointment rehiring the DeCotiis firm," Pollando said. "Weiner Lesniak has done a good job and has been very responsive to our needs." Pollando said the council does not share O'Brien's opinion of Hak. "I am a little disappointed in the mayor," Pollando said. "The council and myself have given the mayor every opportunity to do his appointments. Not at anytime did we upstage the mayor. Pollando said the council will overrule O'Brien's decision and reappoint Hak as borough attorney next month, when the 30-day appointment period ends for the mayor. Change of venue O'Brien also brought up an ordinance approved by the council in December that came to his desk for his signature. He said he refuses to sign the measure, which allows the council to hold public meetings in other venues of its choice. "It is eroding the authority of the mayor's office," O'Brien said at the meeting Tuesday, adding that "one of the duties [of the mayor] is to choose the place of meetings. That is now being taken away." Hak, responding to a question from Zach, said there is a procedure with which the council can override O'Brien's veto. Zach told the Suburban the purpose of this ordinance was in part to allow the council to hold a ceremonial reorganization meeting at Sayreville War Memorial High School to accommodate the hundreds of people who attended the Jan. 1 event. Pollando raised concerns about O'Brien's willingness to work with the council in light of the veto. He said the mayor's attempted veto was past the 10-day time limit he had to act on it. "He does things and does not let us know," Pollando said. "Why wait over a month to do something with no conversation with the council? Once again, this shows that he does not want to work with the council." Pollando said the ordinance will also allow the council to hold meetings in various sections of the borough, such as Melrose, Tangle Town or Morgan once every quarter. The idea was the suggestion of fellow Democratic Councilman Stanley Drwal. "We just want to reach out to as many people as possible and give everybody an opportunity to come to council meetings to address issues we don't know about," Pollando said. Another idea Pollando would like to see implemented is to keep borough hall open late once a week to allow those who get home late from work an opportunity to pay their tax bills or apply for various licenses or permits at night. O'Brien also waited on the appointments of incumbents who have not yet submitted letters of interest to the borough. He can make more appointments at the Jan. 22 meeting, and the Democrats can make any remaining appointments after Feb. 1.