May 15, 2008
By BRUCE A. SCRUTON
STILLWATER — A committee to recall two-term township committeeman Al Fuoco has filed a letter of intent with the township clerk and expects to circulate petitions seeking a November vote — apparently because of the gypsy moth.
The notice of intent, which was accepted on Wednesday, is signed by Carol Fredericks, Marion Gross and Dania C. Bodensieck, but doesn't specify any reasons for the recall.
In a news release sent out late Wednesday, the women said, "There are numerous reasons for the recall of Alfred Fuoco," and said one area is "lack of fiscal responsibility."
The release then cites the burgeoning problem with gypsy moth caterpillars and the recent "health issue" of people developing rashes from contact with the emerging caterpillars.
Fuoco said he believes in the recall process, "but I always thought it should be used for things that are unethical or immoral, not just because you disagree on one issue."
Stillwater is on the cusp of the gypsy moth caterpillar invasion in Sussex County, and Fuoco was the only dissenting vote last month when it came time to approve paying for aerial spraying of part of town. The total cost of the spraying will be nearly $130,000, but the town is expecting about $30,000 in subsidies from a federal program.
Stillwater now becomes the third town government to find someone on the governing body subject to a recall petition. In fact, three people on Sparta's Township Council — Mayor Michael Spekhardt, Deputy Mayor Brian Brady and Councilman Manny Goldberg — are subject to recall petitions.
Frankford Mayor Robert McDowell is also the subject of a recall petition in that town.
Earlier this year, a successful recall ended the term of Hardyston school board member Marbeth Boffa, who had been board president.
The Boffa recall was just the second school board member in state history to be successful and points to the difficult, and technical, road that must be followed.
Even in filing the notice in Stillwater, the three women made a mistake, and their initial letter was rejected by Municipal Clerk Susan Best. She did accept the second attempt on Wednesday.
Now the recall committee must put together the petition and have that accepted before it can seek signatures.
"It's very technical," said Best. "The Legislature, while making recalls possible, also made it difficult so it wouldn't happen every day. They even specify what size paper the petition must be on."
In order to gain a spot on a ballot, the petition must be signed by 25 percent of the eligible voters in the last general election, which in Stillwater's case amounts to 700 people. And they all are people who were registered to vote in that election, not people who have since registered, Best said.
The petitions must gather the required number of signatures within 160 days.
In this case, the committee has stipulated that should they get enough names, they are requesting the vote be held on Nov. 4, during the general election, and not at a special election. The cost of the recall vote to the town would be minimal.
While the press release said there are "numerous reasons," Fredericks said the gypsy moth issue is "first and foremost. He was put in office to do the will of the people and he didn't. That's part of the fiscal irresponsibility. They should have been putting money aside to pay for this."
Fuoco, whose second term expires at the end of 2009, said it's an open secret that he won't be seeking reelection next year.
"I've given good service to the town," he said, then added he believes the move is "strictly political," and notes that one of the women, Marion Gross, is wife of a political foe, Charles Gross.
"Charlie Gross is behind it," Fuoco said. "It's got him written all over it."
Gross lost to Fuoco when he ran for Township Committee for his first term in 2003. Gross served 18 years on the committee himself, including five years as mayor.
Gross said "I'm not the guy who started it," but added: "I do hope he's recalled. I'd do anything to get him out of office."