As my current "Summit Candidate’s Statement", I’d like to please have published my 9/9/09 Council Meeting comments and the companion statement submitted below by Councilman Frank Macioce.

Regardless of the upcoming election’s outcomes, I am first and foremost a strong believer in "process". I am genuinely disturbed by the ongoing breach of process occurring this year for the first time in my several decades of active involvement in Summit and in its governance. My opponent’s self-interest and hoped-for ends do not remotely justify the (destructive-to-the-process, both short- and long-term) means.

I am perplexed that my opponent feels that his continuing approach -- despite our City and our Zoning Board attorneys’ ongoing warnings -- is justified.

Regretably, Zoning Board matters commonly involve "hot issues" -- especially as to their adjacent property owners. Do we as a community want our Council Members and Council Candidates politically-influencing our Zoning Board’s deliberations and worse, pre-determining its conclusions? Especially before the cases’ facts have even been presented? Part of a Councilmember’s job is to help appoint great people to the Zoning Board -- which we on Council have done. Another part of a Councilmember’s job is to stay neutral and to then hear Zoning Board appeals -- this we on Council have also wisely done, as have my two running mates, as we don’t want to disqualify ourselves as prospective helipad decision-makers -- as my opponent has inappropriately done.

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Here now are my 9/9/09 Council Meeting comments and Councilman Frank Macioce’s comments, as well:

There are advantages and disadvantages for an incumbent to be running for re-election to Council. One disadvantage is that, as a current Councilman, I should not and will not pre-judge a matter – such as Overlook Hospital’s proposed Helipad – which is currently before Summit’s Zoning Board of Adjustment.

Prior to coming onto Common Council, I served upon the Zoning Board for 9 years, twice as its Chair. I therefore know that the following 3 statements are true:

1) The Zoning Board is a quasi-judicial body, and its trained, experienced Board Members should properly remain free of Common Council’s political influence.

2) All Zoning Board applicants, whether large or small, are entitled to a fair hearing each and every time that they appear before the Zoning Board. Their cases must not be prejudiced by elected officials’ comments -- especially not before all of the facts are heard.

3) The Common Council is a possible appellate route as to Zoning Board decisions. Were Common Council Members to speak-out in favor of -- or against -- a matter currently before the Zoning Board, they must thereafter recuse from hearing the case on appeal, as their bias would be apparent. Therefore, even though I would like to speak out about Overlook Hospital’s proposed helipad, I will take the high road and not do so.

I firmly believe in our Zoning Board process. A politically unfettered Zoning Board works best. I firmly believe in the abilities and in the diligence of our Zoning Board Members. I am confident that the Zoning Board Members will, at the end of the Overlook helipad hearings, painstakingly weigh all of the evidence, including the public’s comments, and, as a deliberative body, properly determine what is best for the City of Summit.

While I urge interested members of the public to attend the next Zoning Board Hearings on this matter, I wish to put it on the Council record that I will not be taking any perhaps "politically expedient" position upon the Overlook helipad matter, the facts of which are still not yet even known. And I will also respectfully leave it up to the voters to determine if mere candidates for Common Council shouldn’t be held up to the same high standards as current Council members.

As we have all been informed, candidates who take positions on the matter MUST then recuse from hearing the case should they get elected and should the case then come before Common Council on appeal.

Thank you.

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To: Editor, The Alternative Press:

I am writing to you as the Campaign Chairman for Andy Lark, Nuris Portuondo, and Rich Madden, the three Republican candidates for Summit’s Common Council. None of them has taken a position on the proposed Overlook helipad. The City solicitor has advised all current members of Common Council not to attend the proceedings of the Zoning Board of Adjustment on this issue and to avoid expressing a view of the case. The reason for this is that the Common Council would be the appellate tribunal for an appeal of a decision of the Zoning Board granting the variance, and if we had formed a view on the merits of the case before hearing it at a Council meeting, we would be required to recuse ourselves from the proceeding.

I have passed this information on to the candidates and have offered my thought that, in view of their candidacies, it would be irresponsible for them to take a position on this matter. My view is that their potential responsibility as a member of Council if they are elected takes precedence over whatever political advantage taking a position might yield.

Frank Macioce

Councilman at Large