Herald - Lantern - Dispatch 1 1 September '85 3

Repici Appeal Hears Nicoletta

COURT HOUSE - Michael Nicoletta^ sen of Middle Township Zoning Officer Carol Nicoletta. testified fast Thursday that he was told by his supervisor. O.M. "Bud" Courson. in December. 1983, to stake out a sewer lateral from the Romney East subdivision to Realtor Thomas J. Repici's Hy-Land Motor Inn. Michael Nicoletta 's comments. filtered through three other persons, are the basis of Repici's appeal of a conviction in May for "theft of services" with the illegal connection. Repici attorney Joseph Fusco of Atlantic County called Michael Nicoletta to offer this "newlydiscovered evidence". The appeal also says Assistant Prosecutor Robert Wells knew of the incident and failed to use it in his case against Repici. agauui iicpai.

Courson was employed at the time by A1 Herman, then working for the Middle Township Sewage Commission, and Michael Nicoletta's testimony implied that Courson's instructions indicated Repici had verbal permission for the connection from the commission, specifically from former Commissioner Michael Vistenzo, who is also township construction official. Last week's hearing in Atlantic City before Appelate Court Judge Philip Gruccio also aired testimony from Courson and Herman. Courson said he did not recollect any such incident or comment. Herman denied the allegation. Vistenzo previously denied it. Gruccio continued the case to give the defense another week to file briefs and. if it does, for the state to respond. Gruccio has maintained jurisdiction over the case, despije his promotion from the Superior Court, because he presided over the grand jury investigation last fall that resulted in Repici's indictment and a presentment critical of the sewage commission. Testimony before that grand jury is still sealed, but arguments made during the appeal process indicated that Contractor F. Wayne Shawl of Palermo and his supervisor, Wolbur Olsen, said they connected the Hy-Land at Repici's request in January, 1984. after the main sewer line

for the 19-home subdivision was completed, and that there were no markings for the lateral. Repici has never denied that he had no formal, written approval to connect his motel, and that he paid no application fee. The commission ordered him to disconnect in April 1984 after the connection was revealed in this newspaper. Repici was convicted of stealing services valued at $179, the $100 application fee and the annual $79 sewer fee for a home. He lived in the motel at the time. Gruccio sentenced Repici on May 30 to a $1 ,000 fine, one year's probation and at least 180 hours of community service. That sentence, plus disciplinary action expected from the state Real Estate Commission, has been delayed pending the appeal. The appeal was filed in June, claiming Wells told former Repici defense attorney Joseph Gindhart he had heard that Vistenzo gave Repici permission for the hookup. Subsequent testimony revealed that Wells' comments were based on remarks by former township grants coordinator Barbara Beitel who said she heard them from Carol Nicoletta who said she heard them from her son, Michael. Wells told this newspaper last week that all this happened after the Repici trial. "Why didn't Michael Nicoletta come forware before?" asked Wells. "It

would have been interesting to pursue it then." Wells said Michael Nicoletta testified last week that he was not awared of the Repici controversy until this summer.

5 Beaches Kept Open WILDWOOD - The city beach patrol will keep five of the city's beaches open through Sunday, it has been announced by Mayor Victor DiSylvester. All others have been closed since Labor Day. Still open for bathing and protecting are the beaches at 26th Avenue, Glenwood Avenue, Lincoln Avenue, Baker Avenue, and Cresse Avenue. The jeep patrol is still being continued. The remaining beaches will close Sunday. ■ ■

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