Herald - Lantern - Dispatch 29 January '86

5

Judge Denies Repici Appeal

E.J. DUFFY COURT HOUSE - Superior Court Judge Philip A. Gruccio has denied local Realtor Thomas J. Repici's appeal for a new trial on theft of services charges. Indicted in July 1984 for illegally connecting his HyLand Motor Inn to Middle Township sanitary sewers. Repici pleaded guilty during a non-jury trial before Gruccio last spring. Gruccio sentenced the Avalon Real Estate broker to a year probation, 180 hours of community service and a $1,000 fine on the disorderly person offense. Repici, who now faces loss of his broker's license, appealed the case through attorney Joseph A. Fusco. Neither could be reached for comment on Gruccio's decision. IN HIS OPINION, Gruccio wrote that Repici's conviction was based in part on testimony last spring from former Middle Township Sewerage Commission en gineer Alvin Herman and

ex-Commissioner Michael Vistenzo. "Both Mr. Herman and Mr. Vistenzo... unequivocally denied authorizing the Hy-Land sewer connection," noted Gruccio who re tained jurisdiction over the case despite his elevation last year to Superior Court's Appellate Division. Repici asked for a new trial then, alleging that "Robert G. Wells, the assistant Cape May County Prosecutor, failed prior to trial to inform Joseph Gindhart, defendant's attorney at trial, that he had received information from two persons that ... Vistenzo had given defendant permission to connect the Hy-Land motel to the municipal sewerage system," Gruccio recalled. He ruled that argument didn't meet case law tests for both new and material evidence which would warrant a new trial. "Because there is conflicting testimony as to when defendant was told about the statements concerning Vistenzo's authorization of the (sewer) hookup — Mr. Gindhart testifying he was told after the trial on May 30, 1985, while Mr. Wells testified the information was communicated prior to trial that same day — I find that the first test ... is not applicable here," Gruccio ruled. "FURTHERMORE," he wrote, the information received by Mr. Wells was not of sufficient weight to challenge the credibility of Mr. Vistenzo's or Mr. Herman's grand jury testimony." That "information" came from Michael Nicoletta, son of township^ zoning officer Carol Nicoletta, and a Herman employe who help lay sewer lines in Romney East, a 19- home Romney Associates' subdivision near HyLand. Repici, a Romney Associates partner, received permission in February 1984 to connect the subdivision, but he also connected the HyLand to sewer lines at the rear of the motel. Michael Nicoletta testified in September that his supervisor on the Romney East sewer installation, O.M. "Bud" Corson, told him to stake out a sewer lateral from the subdivision to the motel in December 1983. Corson testified that he didn't recall the alleged comment; Herman denied ' the allegation as had Vistenzo. k "MR. NICOLETTA'S I testimony is mere specuI lation that Mr. CorI son. . . was given the authorization for the connection by Mr. Herman," wrote Gruccio. "Furthermore," he observed, "the testimony ... that Mr. Nicoletta believed Mr. Vistenzo gave (Repici) permission to connect the motel — and Mr. Nicoletta 's testimony that he believed Mr. Herman authorized the connection — is merely impeaching their grand jury testimony and not the sort of evidence which would probably change the outcome if a new trial were granted." Repici has never said that he had formal approval to connect Hy-Land. but he never paid an application fee. Middle Township officials asked the County Pro-

secutor to investigate the Hy-Land connection after • this paper reported it April 4, 1984 and published a photograph of the sewer line link between Romney East and the 34-unit motel. The County Prosecutor's Office valued the theft of sewer services at more than $200 — a charge with a possible penalty of 18 months in jail and/or a $7,500 fine. Based on the $100 application fee and $79 annual residential sewer rate, Gruccio ruled that the theft was $179, however. LACK OF SPECIFIC guidelines on sewer rates to businesses made it tough to assign a value to the theft ; the judged used the residential rate because Repici lived at Hy-Land. Sewerage commissioners ordered Repici to disconnect sewer lines after this paper's report and after he filed an application for the motel hookup. Losing it, he said, would "compel the closing of the facility at the very outset of the busy (1984) tourist season." His sewer connection application was not granted; the motel, off Mechanic Street at The Garden State Parkway, didn't miss the season. Besides Repici's indictment, a county grand jury released a presentment on the case that was highly critical of the former Sewerage Commission and its business practices. Published by this news-

paper in its entirety, the presentment recorded that jurors were "disturbed" that officials didn't knowabout the illegal hookup although " ... the evidence indicates that it was clearly visable." Vistenzo. township construction official then and now, resigned his commission seat shortly after the presentment. Commissioner John M. Ludlam didn't seek reelection last January when the third commissioner. Leroy Wescott. finished sixth among 13 candidates for five seats on the expanded commission. Eight-members of the New Jersey Real Estate Commission had scheduled a July disciplinary hearing for Repici. but that was postponed when he appealed his case. Angelo DeBlasio, assistant director of that commission, told this paper last spring that he felt the commission would either "revoke or suspend" Repici's license. "There could possibly be a fine, too," DeBlasio had said.

SSI Checks Moved up To Friday Monthly Supplemental Security Income (SSI) checks, which are normally delivered on the first day of the month, will be delivered Friday, Jan. 31, instead, according to Del Brooks, manager of the Wildwood Social Security Office: "Benefit checks are mailed early when the usual delivery date falls on a Saturday, Sunday or legal holiday," Brooks said. "In these instances, the checks are dated and delivered on the first day before the first of the month that is not a weekend or holiday." Brooks said this procedure helps reduce the problems that people have when they receive their checks and their banks are closed. These situations occur several times during the year, and Brooks added that SSA would provide similar information about early check deliveries as they occur.

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Dentistry PTA Topic COLD SPRING - Dr. James Rochford will make a special presentation to the Lower Township PTA 7 p.m. Wednesday, Feb. 5, at Maud Abrams school. The program is in conjunction with February's being National Children's Dental Health Month. Dr. Rochford will address such topics as the appropriate age for a child's first dental checkup, preparation for the first visit, the importance of baby teeth, sealants used to prevent decay, dental care of mother and unborn child during pregnancy, bon ding, etc. A discussion will followin which questions will be . encouraged from the audience. The meeting is free. Babysitting services are available. Polish Club SWAINTON - The Polish American Club of Cape May County will hold its monthly meeting 7:30 p.m. Tuesday, Feb. 4, in the club house on Siegtown Road. ** Senior Meet COURT HOUSE - The Cape May County Coordinating Council of Senior Citizens Organization will meet 10 a.m. Monday, Feb. 3, at the County Library, Mechanic Street. All clubs and senior citizens are welcome to attend. For further information, call 884-7033.

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