Please rise for the flag salute.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

One nation under God, indivisible, liberty, and justice.

And um, I just want to um mention uh say a little prayer to yourselves for our men and women in the armed services that um everything will end soon, and um and God bless them and their families for their sacrifice.

Thank you.

This meeting is convened in accordance with the provisions of the open public meetings act of New Jersey.

Let the official minutes reflect that adequate notice of this meeting has been provided by publishing a notice in the Asbury Park Press and the Star Ledger on Wednesday, January 7th, 2026, and thereafter posting same on the town hall Bolton board for such notices and filing.

Same with the township clerk pursuant to a resolution adopted by the township council on Thursday, January first, 2026.

The meeting dates have also been posted on the township web page.

Roll call, please.

Councilman Bradley, here councilman Biancini, here council vice president Iverson here, Council President Sickozy, here councilman Coleman, here councilman Aber here.

Councilwoman O'Toole.

Okay, very good.

All right, so moving on, number five is the minutes.

I need a motion, please, for the last meeting.

Okay, is there a second?

I'll second.

Okay.

Motion was made to approve the minutes from the April 8th, 2026 council meeting by Councilwoman O'Toole, seconded by Councilman Biancini.

Councilwoman O'Toole?

Councilman Biancini?

Yes.

Councilman Bradley?

Yes.

Council Vice President Iveson?

Yes.

Council President Skozi.

Yes.

Councilman Coleman?

Yes.

Councilman Aber?

Yes.

Okay.

Moving on to number six.

Uh we have a uh a resolution honoring um national poppy day.

So everyone uh down in the well, please.

Okay, so is your name, please?

Elizabeth DeBecca.

And what do you have a title or I am Poppy Chairperson for the American Legion Post 129 on Church Road and Tom's River, New Jersey.

Okay, all right, thank you.

So you carry over the council president.

Okay.

Sure, sure.

All right.

Would you like me to hold it for you?

No, I I have it, thank you.

So Township of Tom's River, Poppy Proclamation, April 22nd, 2026.

Whereas America is the land of freedom, preserved and protected willingly and freely by citizens, soldiers, and whereas poppies are worn and displayed as a symbolic tribute to our fallen and the future of living veterans and service members and whereas at the end of World War One, the American Legion adopted the poppy as a symbol of freedom and blood sacrifice by troops in war times, and whereas the use of the poppy symbolically comes from the poem in Flanders Field Fields, which begins in Flanders Fields, the Poppies blow between the crosses row on row, referring to the poppies that sprang up in the churn earth of the battlefields across Belgium and France, where soldiers died fighting.

And whereas the red poppy has been designated as a symbol of sacrifice of lives in all wars, and the American Legion family has long utilized the red poppy as its official flower.

And whereas the American Legion and its auxiliary have pledged to remain uh America.

Oh, remind America annually of its debt through distribution of the memorial flower.

Now, therefore, I Daniel T.

Roderick.

Go ahead.

Go ahead, say it.

Therefore, I, Daniel T.

Roderick and the council.

Thank you.

And the council do hereby support the designation of May 22nd 20 2026 as National Poppy Day, and encouraged all citizens, residents, and visitors in Tom's River to pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the memorial poppy on this day.

Thank you.

Thank you so much.

Thank you.

You want to have a couple of words?

No.

Thank you very much to the township of Toms River for making this our poppy month.

It's official.

We also will be uh distributing poppies in Tom's River at the Boskows and Shop Ray and at the American Legion.

So if anyone is interested, that would be very nice.

We would appreciate it.

Um thank you again.

Council, mayor.

Great.

And audience.

We we together we were at the Little League grand opening this weekend, and uh young lady named Ariana did an amazing job singing the national anthem.

We tried to get her here tonight.

They were unable to make it, but they're gonna be here next council meeting, so make sure you tune in for that.

It was I have always known we have the best baseball teams in Tom's River.

What I did not know is that we have some of the best singers in the United States as well.

So council president, you did a phenomenal job.

You did, you did?

Thank you for all that you did.

I didn't want I didn't want everybody to think that when I said I, Daniel T.

Roderick, I was the man.

Thank you.

Thank you, everyone.

Thank you, Mr.

Okay.

Okay, um Mr.

Clark, you want to pick it up on number seven?

Yes.

So we're moving on to item number seven is an ordinance of the township council of the township of Toms River, Ocean County, New Jersey, authorizing the mayor to execute in the township clerk to attest to a renewal lease agreement with Docksider Marina LLC to lease a section of block 1097.01 lot 172 for township operated recreational kayak launch and associated amenities.

This is a final reading, so it requires a public comment.

Okay, is there anyone in the audience that has comments on number seven on this ordinance?

All right.

Um I need a motion to make a motion to move seven.

Second, and we have to we have to close it.

We have to close a public comment before motion to close public comment.

Is there a second, please?

All in favor, aye, any opposed hearing none.

Okay.

Now uh we need a motion to motion to move seven.

Second motion to approve item number seven was made by council vice president Niverson, seconded by Councilwoman O'Toole.

Council Vice President Iverson.

Yes, Councilwoman O'Toole.

Councilmember Adley.

Yes.

Councilmember Incini.

Um, I have to um disagree with this for the simple fact there was issues over there at Jamestown Village.

No, this is uh number seven.

Oh, okay, yes.

I'm good with seven.

I'm sorry.

Okay, good.

So I'm sorry.

Your vote, yes.

Uh Council President Sickozy.

Yes, Councilman Coleman.

Yes, Councilman Aber.

Yes.

Okay.

Item number eight is an ordinance implementing a new affordable housing zone to be known as the EMF 23 multifamily zone attached as exhibit A to generate 42 affordable units at block 610 lots one, two, three, five, eleven, thirty, thirty-one, and thirty-three, also known as Jamestown Village.

This is a final reading, so again, it requires public comment.

Is there anyone in the audience that has a comment on number eight?

If you do, uh please come forward.

Um state your first name, spell your last name and your address for direct, please.

Brian Lauer, L-O-W-E-R 119 Walnut Street, Tom Zur.

Is that all you wanted initially?

Yeah, yes.

Thank you, sir.

Uh thank you for your time.

I appreciate it as I stated my name and where I live.

Uh I'm in possession of this certified letter uh from the township of uh Tom's River as a result of EMF 23 multi-zoning.

It's an ordinary, it's the an ordinance implementing a new affordable housing zone.

Our property at 119 Walnut Street, which is block 609-02, lots 14, 126, and 128, are in close proximity to Jamestown Village.

I stood before this very board, maybe not the same number members, but the same board in 2021 in opposition to a proposal to add 142 units to Jamestown Village.

The board rejected the pro proposal due to zoning limits.

I have to ask you when you say board, was that the zoning board or planning board or council?

Good question.

All right.

It may not have been this board, but it was a board my assumption is it would have to be zoning zoning would have to be zoning.

Okay.

All right, so proceed.

So maybe it wasn't this board.

Okay.

So it wasn't council, it was probably zoning it.

Okay.

Uh well, I stand before you today in opposition to EMF 23 zoning, multi-flaming zoning at Jones at Jamestown Village.

Well, I'm not in opposition to your uh your uh creative proposal for uh affordable housing.

I'm just against it for Jamestown because it's in close proximity to our our house.

And the biggest reason is due to density of the amount of apartments on that street.

For example, current apartment complexes on Walnut Street are one Walnut Bay Apartments, 80 uh 83 Walnut Street with 100 units, number two, enclave at Walnut Apartments, 91 Walnut Street, 20 units.

Number three, there is it residence at Walnut 47 Walnut Street, 36 units.

Number four, Paradise Club Apartments at 17 Walnut Street, 78 units.

Number five, Walnut Hollow Apartments, which is five Walnut Street, 38 units, Walnut Grove condominiums, 14 Walnut Street, 16 units.

Uh condos at 103 Walnut Street with eight units, and then lastly, Jamestown Village, which currently have 338 units with a proposed 42 more.

It's gonna bring it.

Uh all these totals of 676 units on Walnut Street.

Those are comprised of one and two and three bedroom units.

So they may not all be occupied.

I understand there's some vacancies, but that's a lot of individuals on Walnut Street.

I think Walnut Street has provided a lot of affordable housing, and I think we should be given the recognition of our contribution to affordable housing to the township and give us some relief from adding 42 more.

May not sound like a lot, but that the some of the issues that were brought up at the zoning were parking issues, the trash removal where it stood, um, the um open space, the playgrounds were going to be removed.

There were some uh zoning issues with uh fire alarms which are gonna be upgraded on the new units, but the old units were gonna remain substandard for our current zoning.

And uh lastly, um there is a a serious flooding issue on walnut street, and um I would really like to somehow be informed of how the runoff is going to be handled and if there's gonna be a retention uh pond or or uh some type of pond.

I see a lot of new construction going on, and everywhere there's construction, there's a retention pond that's built.

So it would be really nice to know if there's gonna be some type of uh uh flooding mitigation.

Um thank you for letting me uh air my uh views here.

I have uh one more thing I wanted to bring up.

Um as a property owner and in close proximity to Jamestown Village.

This letter is to notify this letter was to notify me of the zoning limits being approved.

I mean, I the the letter I believe is because there's zoning limits that are going to be uh approved that maybe are outside of the normal zoning limits.

And I don't think it's unreasonable that I ask that the public be informed of what all the zoning limits that are going to be exceeded be provided to us so we can see and be informed as to what exactly is going to be happening.

So it's at least uh um it's very apparent for us.

Council President, do you mind extending his time, please?

Please continue.

So I I I um I that's really pretty much it.

I like I said, I want to applaud you for your creativity.

I'm not opposed to the affordable housing in general, it's just the walnut street.

If you please consider my concerns and uh discuss them among yourselves, I appreciate it.

Okay, if you if before uh do you mind if I just jump in and answer some of the questions?

If you would like to.

Thank you so much.

And you can explain how we got here.

Yeah, it's first of all, I I would like to apologize on behalf of the town.

I no one wants to see more apartments.

Uh we've worked very hard to limit the amount of construction, and we did get a great deal.

But again, it's you know, you live on you live near Walnut or on Walnut, correct?

Yes.

Just so you recognize they were a contester.

So when we filed our plan and came to an agreement, they filed as a contester.

So there are certain uh people they get to file, and then um if you don't provide the number of units, they get to build those units.

So these folks would have gotten to build them anyway, except by settling with them.

We got the number down as opposed to them doing it 80-20.

So if we had a hole for 42 units and they did it 80 20, you would wind up with five times that on Walnut Street, and they would have been awarded it.

So you you have to uh I I learned this through the process, you have to put to bed these contesters.

There are various folks uh that contested the plan.

They were one of them.

The only group that we did not settle with because we were able to meet the number by then was the Meridia Towers.

Uh they are also a contester, uh, but we managed to meet the number that we needed to meet, so we were able to say, hey, no at that point.

But if we didn't line up the number of units, uh they would have gotten to do them anyway, except they would have gotten to do five times that.

Just just so you're if that's any consolation to you.

I I just thought I would share that.

As far as the retention ponds, that's just required.

Whenever they build, they have to have an engineering plan, and that plan needs to um handle you know, runoff.

Um their engineers, they're smarter than I am.

They have formulas, and uh they will make sure that it has proper drainage.

And that that's usually part of the code, I believe.

We could have our engineer get up and speak if you'd like a little to it, but it's my understanding that you have to build these retention ponds now, always with new development.

But I could be I could be wrong.

Okay.

Yeah, I totally understand the numbers game.

Uh it was identifying the locations of the numbers.

And had it been sharp older double at Jamestown, I don't know if that's the case.

Uh I I just don't know, but I understand your numbers and how you're going to be able to do that.

They don't know, we don't know.

So when they can test, they're like, we we want to, you know, they can test and we say to you, okay, we'll we'll let you do it, but it's gotta be 60 or 70% affordable, whatever the number was, 60%, 50%.

And they get that agreement and they they lock in because they don't know what the court's gonna do, but there is the possibility that a court just says, sure, uh, there's a hole in the plan.

Uh you can fill it.

And that and that, and that's why you're supposed to satisfy in this process, try to satisfy all of the contesters first until you hit your number, uh, because they're they're able to come back.

They have legal mechanisms once they file uh it's very very complicated uh process.

Uh I do apologize on behalf of the town that that there'll be more development there.

All right, and uh lastly on that retention pond, it wasn't in the plan like in the drawings that we had available, there was no retention pond that was planned in that drawing that I saw.

So the drawing that you saw is not a it's not it's probably just a concept in that uh it hasn't been engineered, it hasn't gone through zoning, it hasn't gone through planning.

So really it's a what you're looking at is a sketch, not an engineering plan.

Right.

That's why I just feel like if we have access to the zoning.

Uh you you will, and that's the thing.

This passes the council.

This is not the end of it.

It needs to go through planning, it needs to go through zoning.

You know, there'll be plenty of opportunity for you to try again.

All right, try, and that's all I can do.

No, but you you may the the board may see fit, but we we have uh legal obligations as as a council and as a township.

The zoning board uh has their own independent board, so things things could change and okay.

There's the 42 units.

Do you know what's one, two, and three bedrooms?

Was that identified?

Uh personally, I I don't know that I'm not in the uh information I received on the I I think I believe this is a guess, and I don't think we have him here, but I believe that that's determined by law what percentage of the affordable housing you build is one, two, and three bedrooms.

I think that's set by statute.

I do we have Mr.

Sangaro or he's supposed to be here.

It says we don't want another red carpet moving from red carpet to Jamestown with all one bedrooms because one bedroom is a good one.

No, it will not it will not be it's it will okay, right?

Because it went from red carpet to hojo's but keeping it.

It will it will be it will be balanced, and I believe it's balanced by statute.

All right, okay, thank you.

Any other questions for me?

Um any council members uh want to make a comment to this gentleman?

No, okay, okay, all right, thank you.

You're welcome.

Okay, is there anyone else, please?

Okay, close public comment.

I need a motion to close public comment, second, second motion to motion to close public comment was made by council vice president Ives and seconded by uh councilman Coleman.

Count uh all in favor.

I need opposed hearing none.

Okay, uh entertain a motion for ordinance the final reading number eight.

Is there a second?

Second motion was made to approve by councilwoman O'Toole, seconded by councilman Aber, Councilwoman O'Toole?

Councilman Aber?

Yes, Councilman Bradley, yes, Councilman Biancini.

Like I started to say um previously, there was a lot of concerns about this area being overdeveloped already.

For that reason, I I vote no.

Council Vice President Iveson.

I I understand the uh stormwater runoff concerns and the mandates that the town is under.

This is the lesser of most of the evil, so I vote yes.

Council President Sickozy.

Um we were presented with this one of these options uh last December, and um we were under uh the deadline to come up with solutions.

Is is this uh the best solution?

No, but um the problem is is going forward is what does the township do when we're directed by the Trenton to build these uh affordable housing units, you know.

Uh where do we go?

And it's uh a bargaining item with these builders and everything, and um and I'm not ashamed to say I don't understand it a hundred percent, but um this is in my ward ward four, and um and I hate to have more building in my ward, and and I have my opinions where it should go, not there, but um so I'm just I'm gonna vote yes on this because um we have a court date coming up, and this is uh part of the the order from the judge and then the settlement.

So I vote yes reluctantly.

Councilman Coleman.

Yes, item number nine is an ordinance implementing a new affordable housing zone to be known as the HBMF highway business multifamily zone attached as exhibit A to generate four affordable units through the construction of two floors atop an existing two-story retail and commercial structure at block 796 lot three, commonly known as 2008 Route 37.

Again, final reading.

Okay, is there anyone in the public that has uh a comment or questions about number nine?

Uh I need a motion seeing no to close public comment.

Second.

Second.

Okay.

All in favor?

Aye.

Any opposed hearing none?

Okay.

Motion to move nine.

Second.

Motion to approve item nine was made by Council Vice President Iveson, seconded by Councilwoman O'Toole.

Council Vice President Iveson.

Yes.

Councilwoman O'Toole?

Yes.

Councilman Bradley.

Yes.

Councilman Biancini?

Yes.

Council President Sickozy.

Um see how we're trying to meet our quota.

This is for only four units.

So and we got to get to that uh magic number, and uh I vote yes.

Councilman Coleman?

Yes.

Councilman Aber.

Yes.

Okay.

Thank you.

Item number 10 is an ordinance enacting an amendment to the existing Hooper Claudina redevelopment plan in order to generate six additional affordable housing units by increasing the permitted dwelling unit per acre from 10 to 18 in the Hooper Claudina redevelopment area.

This is a final reading.

Okay.

Um is there anyone in the audience that has uh a comment or questions about ordinance number 10?

No.

Okay.

I need a motion to close public comment, please.

Uh uh council president.

Yes.

I would just like to interject that this is actually the prior round.

So these units were part of the prior round, I believe, correct?

Drew.

So just so you know, these were slated for that, and uh they're not part of the current round.

I believe um previous round.

So what are you saying?

Three so we we we can use them in this round, but they were they were part of the part of the third round.

The third round, okay.

Yeah, so you you know those are they were nice nice new apartments built over by the VA.

It's in it's in there.

Yeah, okay.

All right, thank you for clarification.

All right, so did we close public comment yet?

Not yet.

We need a motion.

I need motion to close motion.

Okay.

Motion to close public comment was made by councilwoman O'Toole, seconded by Councilman Bradley.

All in favor, I need opposed hearing none.

Okay, I um need a motion for number 10, please.

I'll move it.

That's okay.

Okay, and is there a second?

O'Toole Councilman Coleman made the motion.

Councilwoman O'Toole seconded.

Motion was made to approve item 10 by Councilman Coleman, seconded by councilwoman O'Toole.

Councilman Coleman, yes.

Councilwoman O'Toole?

Yes.

Councilman Bradley, yes.

Councilman Biancini?

Yes.

Council Vice President Iveson?

Yes.

Council President Soczie?

Yes.

Councilman Aber?

Yes.

Okay.

Moving on to number 11.

Number 11 is an ordinance to exceed the municipal budget appropriation limits and to establish a cap bank and JSA 40A 4-45.14.

Again, this is a final reading.

Okay.

Is there anyone in the audience that has questions or a comment about number 11?

Well, there has to be somebody.

This is pretty important.

Just just um would you like me to jump in?

Or we could have Dottie's.

Then all right.

Um is there a second?

Sorry.

All in favor?

Aye.

Any opposed hearing none.

Um Mayor, you have something to say on this.

Yeah, just uh just so that everybody recognizes spending is down another million dollars this year.

So what this does is it allows us to hold on to that for a future for a future time.

Taxes, wait a minute.

Say that again, please.

No, it's it's a great I it took me forever to learn this myself, but there are two caps.

There's a no, but how much are we down?

What was that number?

Million bucks this year.

Oh, a million.

Okay.

I thought you said 11 million.

Okay.

No, we were down 11 million the first the first year.

This year we're down a million, but we're down a million dollars year over year.

But what happens is is we're not raising taxes.

But because we went down in spending, you're capped on the way back up at a at a rate of three and a half percent a year.

So if we're gonna give um raises to our police officers and to some of the other bargaining units this year.

Which won't require raising taxes because we did such a good job saving money, but it it will require potentially more spending uh, you know, unless we find other cuts.

So we have to bank that uh and you're allowed to do so by law.

Mayor, I I heard you say they require us who's they the state.

The state.

Yeah, the state the state has a cap when they capped taxes, they also capped expenditures.

They capped taxes at an annual increase of two percent, which we've been flat for three years, but they also cap expenditures.

So when we went down the way we did now to climb back up, you can only climb back up at a rate of three and a half percent a year.

So it's important to take that and put it in this invisible bank so that if we need it when we give out raises, it that won't require tax increases, but it will require spending some more money potentially.

So you gotta you gotta bank that for future years.

For the life of me, um it I can't remember if we did this last year in the budget.

You do it every year.

Okay, you do it every year.

That was my question.

Yeah, every year.

Um and I did not do it and refuse to do it on the tax side, and I did that uh to make sure that we're not raising taxes.

I want to ask a basic question, please.

Um I should uh it it's so if we're raising if we put the cap rate at three and a half percent and and we have to use that.

Where's that extra three and a half percent coming from?

From circle.

We we have the money to you remember, she showed you right, we're up to like sixty million in surplus.

So not only are we a little healthy, we're like incredibly healthy.

Because we reduce money is gonna come from the surplus if we need it.

Well, well, it doesn't have to because right right now the tax rate was based on a hundred and forty-seven million dollar budget way back when, right?

And then we greatly reduced that budget.

So you don't you won't have to raise taxes.

The money's there.

The money's there, but you're not allowed to allocate it at a rate faster than three and a half percent a year.

We've had years where we did not grow spending, but you want to put that aside in case there are unforeseen circumstances with new contracts, which are you know, even when you give a contract three and a half percent, you gotta move people on the guide, it may be eight, eight and a half percent on average for our officers when they move up the guide and get a raise.

So it becomes very costly, and you gotta just make sure that we have the ability to spend it.

We certainly have it.

Taxes are low, spending is low, but you have to have the the ability to spend it, and that's why you have to bank it.

Okay, thank you.

It's a rule, it's an accounting rule, but nothing more than that.

Thank you, Mayor.

Is any council members have questions on this?

No.

Okay, all right.

Okay.

So um we need a a motion then for yeah, we close public.

Yeah, okay.

So we need a motion.

Second second motion to approve by made was made by councilwoman, seconded by councilman Aber.

Councilwoman O'Toole?

Councilman Aber?

Yes, Councilman Bradley, yes, councilman Bianchini, yes, council vice president Nyvison.

Yes, Council President Sickozy.

Um yes, and then we have the budget coming up in the next meeting or two, so we could talk more about this then.

So I vote yes.

Um Councilman Coleman.

Yes, okay.

Um moving on to uh number 12.

It's a first reading.

Um it's an ordinance of Toms River amending 2310 of the town of the Toms River Code and defining official business for the purpose of municipal vehicle utilization and establishing restrictions on use.

This is a first reading.

Okay, so it's not open to the public.

No, it's not.

Okay.

All right.

Um is there any discussion from any council members?

No.

Uh yeah.

Okay.

Um, we've already discussed this, and the mayor pretty much makes less than majority of the other mayors.

And they all get their own cars, their own vehicles.

I just pretty much you know, he he also offered to give the car if uh the insurance was dropped.

You guys dropped the insurance.

So I'm voting no against this because I just think this comment wait now.

Okay, okay.

So so what I understand you just said if I give up my insurance for him using a township vehicle for his own personal use, then you'd be okay with it.

I'd be uh that's that it takes a lot of nerves.

He's I've sat in this council meeting for years on end and tell he's telling that uh Kevin's out there stealing gas.

Do you don't think that he's stealing gas by going to his personal job during the daytime?

You think that's okay?

I think he has the right to say that.

No, no, I'm just saying it's okay.

I think he has the right to use his vehicle.

He's got the yeah, in town.

I I agree with you.

I think he should have his own township vehicle.

I think he should have it in his house.

I think he's on call 24 hours a day.

But I don't think he should be taken up down Gordon State Parkway.

Wait till the end, please.

Now I I would agree with you.

I think the mayor should get a township vehicle.

He should use it at his pleasure, any place in Tom's River.

And also out of Tom's River, if it's the League of Municipality, go out to Trenton, anything with official business, not to go to your the DPW workers can't take their vehicles to go to Home Depot and go shopping during the day or after work and take their their lumber home the day.

I I don't understand where you're coming from.

I mean, the one am I making sense or am not?

Okay.

All right, quiet, please, quiet, please.

Quiet, please.

Thank you.

Thank you.

Anyone else had comments?

No.

No?

Motion to move 12.

Second.

Motion to move item 12 was made by Council Vice President Ives and seconded by Councilman Bradley.

Council Vice President Iveson.

Yes.

Councilman Bradley.

Yes.

Councilman Biancini.

Yes.

Council President Sarkozy.

Um I want to vote at the end, please.

Okay, Councilman Coleman.

No.

Um Mr.

Cole.

Uh I have a uh a question for the attorney.

Quiet, please.

Thank you.

Um would this be uh a conflict of interest if somebody has a a car themselves?

Uh I don't know if the councilman still has his car, but uh it's is he able to vote on it?

Does it present a conflict that he has a car?

I don't think so.

You don't think so?

Oh wow, you're a lawyer.

You don't think so.

So can I get a car?

You're kidding.

Okay, so all right, guys, thank you.

Thank you.

All right, okay.

There's plenty of well council president.

When when everybody's through, I would love an opportunity to speak.

Okay, wait until after the welcome.

All right, so read the so that was Councilman Coleman, Councilman Aber.

No, Councilwoman O'Toole?

No.

And Council President Siccoti.

All right.

So before I vote, everything that Councilman Biaccini said, I agree with 100%.

No one's taking the car away from the mayor.

Okay.

Also, I don't think any council person in in my history of this town, uh, any councilman having a car.

I could be wrong, but I don't think so.

There's a lot of first tier.

Uh so the mayor has every right according to our ordinance to have a car, use it in town, use it for official business, put gas in it for official business only, but it was it's not written in our ordinance, I believe, my opinion that he can use it for personal use and work.

So um I'm voting yes on this moving on to item number 13.

Is a resolution at the town.

Do I yeah, I pardon me.

So as I said, he he asked.

I just want to be I just want to be very clear.

I've already stated that I'd be perfectly willing to not use an automobile anymore, even though every mayor gets an automobile, even though they do get it as part of the compensation, even though I'm paid half of what other mayors of big cities make.

I would give it up, no problem at all.

I uh and we had two ordinances on three the last time around.

I said if you guys are willing to take away the health benefits from MUA commissioners who only serve a half an hour a month and pay 40,000 a year, we pay for that for them to be there for a half an hour a month, then I would gladly give up the car because that would save some real money.

Uh I also said and and as far as the ordinance and the policy, the policy and the ordinance, the chief of police, the business administrator, and the mayor do get a vehicle for personal use.

It's in there, it's in the policy.

So it is part of the compensation, but I would gladly give it up if you folks would save the taxpayers some real money.

Again, per person at the MUA.

If they're all on a family plan, you're talking about a quarter of a million dollars versus a car that's uh six or seven-year-old car.

I like I said, I gladly hang up the keys in town hall and never use it again, even though it wasn't purchased by me.

Mayor, hang on, hang on.

I hang on.

Um, like I said, we we did this already, but you guys tabled those ordinances and then stuck this back on.

I'm perfectly willing to give it up again.

You know, Dave, how much work I put in, how much time I put in, and you know, you know to be on council to be on council is two meetings a month, and then for the most people they just hang it up and go home.

You know, this is a 24-hour job.

So, as for example, Mr.

Council and some of the councilmen up there, I won't name them, but if they're on a family plan and they get the $10,000, it's $50,000 a year for two meetings a month.

The mayor's job is a 24-hour job.

I make less money than the guys who cut the grass.

I get a health policy and I get a car, and the only people that are really muttering in the back are the people from the from the political club.

Everybody else is listening.

See there they go.

Yeah, they please okay.

Like I said, I will give it up.

Just just give me an ordinance, take it in away from the MUA and take it away from council.

I'll sign them all.

Yeah, okay.

Okay.

All right.

Thank you.

All right, that's all Mayor.

The only way I could respond is when um you had um the majority on council and and yourself.

I asked you in an agenda meeting one time, uh, you know, about the car.

Okay, and we uh talked about the 2003 um car uh that Mayor Kelleher had at the time, and thank God it's still being used.

You don't donated it.

So it had 70,000 miles on it, so he drove that around quite a bit.

That was the time that that you should have uh changed the ordinance, or did a proposal on that or no, I I okay.

When when they're when you had the majority lastly, the other thing I want to jump in on, just lastly, and this is a legal matter, and there are some lawyers up on the dais that you could ask.

This is also an administrative function, which is why the current ordinance states the mayor sets the policy, council ratifies the policy.

It's again one of those Faulkner Act issues that we've been talking about having you guys go to school or take some classes on.

Policy, administrative functions or administrative functions.

You get to vote on the policy when it's set.

You had an opportunity to vote on the policy, but you don't have a right to set policy as a council.

So it's I but I I will give it up.

Like I said, I will give it up if you guys give up the health care, and if you take it away from the MUA.

I mean the MUA is ridiculous.

Once a month, half an hour meeting, horrible health plan mayor.

So um I glad you you brought up the the classes uh for the government and um the clerk can testify.

Uh I'm in town hall uh like every other day, sometimes every day, and I ask them when are the classes coming up, you're working on it.

Um I I want to take the classes in person.

I want somebody here.

I don't want to be able to do that.

She's come she's coming, she's on vacation.

We got we got somebody who teaches at the league, she teaches uh courses at the league municipality, she has an extensive legal practice as well, and she's gonna if I recall we uh um you wanted it done within 60 days.

No, no, no, your your resolution says within 60 days of the passage, but uh obviously if we don't offer the class on time, that's we're not gonna like take your pay away.

We couldn't do that, right?

Question.

We couldn't do that if we don't offer it to you, we couldn't.

Okay, so I just wanted to add one thing because the mayor wants us to get involved with the Faulkner Act and all that other stuff.

I was at the League of Municipality, and I actually did go to a finance class down here in a very formal and very educational.

But one of the things I took, and I have it on my phone because I knew that this was gonna come up down the road.

It says no use of government equipment or vehicles for personal business, plain and simple.

I don't know if it takes a rocket scientist or a different attorney to figure this out.

This is what I learned at the financial at the New Jersey League of Municipalities.

I didn't make it up.

I took a picture on a screenshot.

So maybe he's got connections, but here it is right there.

You're in correctly ready.

You're just incorrect.

All right, so I'm incorrect.

You're just completely incorrect.

We're moving on.

Uh Mr.

Clark, please.

Uh we're on number 13.

Item number 13 is a resolution of the township council, the township of Toms River, County of Ocean, State of New Jersey authorizing the award of a professional services contract pursuant to a non-fair and open process for special counsel to the township council.

Okay.

Is there do we have to open this something?

No, this is just a resolution.

Right.

Okay.

So any discussion from any council members.

I'll make a motion.

Any wait one second?

Any chance I would be allowed to speak?

Of course.

Okay.

I wouldn't mind an opportunity to jump in.

I've read I read the resolution.

And um I I don't think that while there are some very this is specifically the 13.

I'm not talking about 14.

Okay.

Um, I do think there are some very limited uh situations in which special counsel can be appointed for the council.

Um the situation based uh in the resolution itself has not occurred, so I don't think this I don't think there's uh this is a legal resolution.

I don't think there's any legal backbone to this resolution at all.

I would I would like to jump in as well before everybody votes.

Okay.

Okay, so again, I think what he's referring to with the attorney is referring to is a conflict council.

So had we pursued the council over those unconstitutional rules at the beginning of the year.

Yes, we would have to provide an attorney to represent your viewpoint.

That would be a conflict attorney, but you're not permitted to advertise or select, even when uh under Faulkner, the administration advertises, the administrators administration selects and then I correct you, it's actually not in the state statute, actually in the township code.

It's in the township code, but it's also part of statute in the Faulkner Act.

The administration and strong mayor, former government advertises, selects council votes on.

So what Mr.

Penny didn't say, because he probably didn't want to be controversial, is he spoke to both of these attorneys who have acknowledged that this is not a legal appointment and recognize that they're not able to build a town upon further review.

And the one gentleman was here at the last meeting, had said he was no expert in the Faulkner Act.

So upon review of that, and upon receiving a phone call from the township attorney in a certified letter, both of these uh attorneys from 13 and 14 have acknowledged.

And I know um councilman Bradley, uh he pointed out something really uh really intelligent about about being able to uh appoint non-fair and open.

That is allowed, but again, that's not a function of council.

So I could appoint someone who doesn't donate money to any of you, as long as they haven't donated to anyone.

I could appoint someone unfair and open, then you could vote on it, but you cannot appoint.

You would have advice and consent.

So again, the courses will be coming up around the corner.

We'll get her in here to help you guys out.

I appreciate all that you uh are doing as far as the affordable housing, and I'm glad this was a civil meeting.

I have nothing further to say tonight.

All right, thank you.

Um but I take your advice, okay, but we're gonna proceed anyway.

Okay, and again, the the mayor is correct.

I have spoken with both attorneys.

They agreed with me, and they are they've been informed that uh they're not to they're not to uh conduct any work on the town's behalf.

Yeah, so be careful that you don't get stuck with the bill.

Okay, all right.

That's the truth of the matter.

So they bill by the hour, so you know if you call them, they might be billed.

Thank you.

Okay.

So um you already read this, I forgot.

Yes, it was read.

Okay.

So we just need a motion.

All right.

Is there a motion?

Please make a motion.

Motion was made by council Nivison, seconded by Councilman Biancini.

Correct.

Um, Council Vice President Iveson.

I feel as though we do need our own counsel because council does not represent us.

He actually calls us liars.

He was gonna sue us, and he's our supposed to be our council counsel.

So I vote yes.

That's not true.

That's okay.

You you've never called us liars.

I I've heard you oh well.

We are you are one of the counseling.

Oh, oh, I'm a liar.

Oh, say council.

Why we need our own attorney?

Let's vote yes, Tom.

Let's keep it civil, please.

Councilman Bianchini.

Uh I respect uh Mr.

Zangari's um professionalism and everything.

He did mention um that he has some oh I'm 13th here.

But yes, I'm voting yes on that.

Councilman Bradley, yes, Council President Sarkozy.

We need uh a second opinion, so I'm voting yes.

Councilman Coleman.

No, it's illegal, so the answer is no.

Councilman Aber?

No.

Uh Councilwoman O'Toole.

No.

No.

Okay.

All right.

Thank you.

All right.

Moving on to number 14.

Council President, I just want to interject one other thing.

If you can give me one more second, I'll be real short.

Okay.

The the other thing is is at the last council meeting, it was represented by some folks up on the dais that the gentleman who uh you wanted to appoint to advise you on affordable housing was um an affordable housing guy with this extensive experience.

And it turns out respectfully, he's a he's sure he's a great lawyer, but he's not representing a single municipality in the state of New Jersey in round four.

So again, this is why you put it out for qualifications, and you see what people have done, and then the council votes on it.

And I believe the current affordable housing Dave, you you've you voted for him, so and you know he got us a really good deal.

So again, he hasn't done anything for any other town this round.

He recognizes that he can't be appointed and he can't be billed.

So all is this symbolic.

We know thank you.

So it's on the record, but we knew that.

Thank you.

All right, um, so number 14, read that into the record.

Number 14 is a resolution of the council of the township of Tom's River, Ocean County, New Jersey, authorizing the retention of special affordable housing council by the governing body.

Okay, is there motion to move 14?

Could I just speak real quick?

Just like two sentences really short.

I know, but this fine.

Let's keep it go ahead, please.

So while there could be a good faith legal discourse on the legal power of question of number 13, I think resolution 14 is especially um weak and unconforming with with the law because if you take this at its face, you're you're basically saying that the council has the ability to double hire any professional that has been uh provided by the mayor and then approved by the council.

So what we're gonna have two labor councils, we're gonna have two condemnation councils, we're gonna have two just because you guys don't get along.

That's not how the Faulkner Act works.

You can't that's not that's not what it does, and and like I said, I I've had a nice conversation with Mr.

Zeniaak, he's a uh esteemed attorney, his reputation precedes him, but uh he hasn't done any fourth round work this year, and he agrees that this is probably not the uh way to effectuate um what you're trying to effectuate.

Okay, well, I find it strange that he hasn't uh told us how he feels, but he told you.

So all right, all right.

But um this is only so we're we're not done with the affordable housing units, okay?

So we no disrespect.

We want another um opinion, and we're all grateful that you are really making an attempt to bring us on board and discuss the options that the town has with uh land builders, all that, and and hopefully we could close it, close the gap.

Close the deal with the remaining um affordables that are left, and uh so the other thing the other thing to throw out there is did we did uh anybody on council advise these folks that they would also have to fill out extensive pay-to-play forms if they were going to be appointed unfair and opened.

Isn't that correct?

Uh Ms.

Gallagher, okay.

Okay, so just let the record show that our CFO Ms.

Gallagher said that they would have also had to fill out extensive pay to play because you can't appoint somebody without a bid.

It's it's moot all right.

So that's fine.

I lost track again.

Apologize.

Make a motion.

Vice Chair uh Tom Nivison made the motion.

He did that make he did make the motion.

Was there a second?

I'll second it.

Motion was made by Councilman Nivison, seconded by Councilman Bradley, Councilman Iveson.

I vote yes.

If we uh we trusted our own attorneys, we wouldn't even be discussing 13 and 14, but we don't.

Councilman, okay, Councilman Bradley, yes, Councilman Biancini.

Yes, Council President Sickozi.

I'll vote last, please.

Councilman Coleman.

No.

Councilman Aber.

No.

Councilwoman O'Toole?

And Councilman Sarkozy.

Yes.

Thank you.

All right.

Moving on to the consent agenda.

You wouldn't so can I make a point of order, Council President?

Yes.

So this was given to me right before the meeting from the dais.

Do you want me to read it in now?

Or should we wait?

Oh, that's the um the police.

Yes.

Yes.

Okay.

I thought we were going to put oh okay.

That's number one.

Whenever you guys want to do it.

Yeah.

Read it in.

And it's number F, I believe.

Okay.

It's a resolution of the Township Council of the Township of Toms River, Ocean County, New Jersey authorizing the township to join the Cranford Police Cooperative Pricing System identifier 47 CPCPS and authorizing the purchase of 15 four-wheel drive vehicles from Axis Chevrolet utilizing Cranford Police Cooperative Pricing System identifier number 47 CPCPS in the total maximum amount not to exceed 841,875.

Okay.

Thank you.

All right.

Is um is there does that any council people have uh discussion on A through F on any item?

No.

No.

So do you want to vote on that individually since I read the case?

No, he just said A through F.

So he so we're gonna call that F.

Yeah, yeah.

Okay.

He said F.

Okay.

Okay.

Motion to move the consent items.

Second.

Motion to move the consent agenda without pulling anything off was count made by Council Vice President Nivison, seconded by Councilman Coleman.

Uh Council Vice President Iveson?

Yes.

Councilman Coleman.

Yes.

Uh Councilman Bradley.

Yes.

Councilman Biancini?

Yes.

Council President Saccozi.

Yeah.

Um it's A B C D E and F.

Yes.

Uh Councilman Aber?

Yes.

And Councilwoman O'Toole.

That brings us to the reports.

Okay.

Any discussion?

Um looks pretty good.

We don't see building department.

Um that's going to be uh April will be in um in uh May's meeting.

The reports.

Oh, yeah, yeah.

Okay.

That's why it's not on.

Okay.

Um then I'll make a motion to approve.

I'll second it.

Motion to approve the reports was made by Councilman Coleman, seconded by Councilman Biancini.

Councilman Coleman?

Yes.

Councilman Biancini.

Yes.

Councilman Bradley?

Yes.

Council Vice President Iveson?

Yes.

Council President Soccosi?

Yes.

Councilman Aber?

Yes.

Councilwoman O'Toole?

Yes.

Moving on to the approval of the bills.

Um I need a motion.

Second.

Motion to approve the bills was made by Councilwoman.

Um Tool, seconded by Councilman Coleman.

Councilwoman O'Toole?

Yes.

Councilman Coleman?

Yes.

Councilman Bradley?

Yes.

Councilman Biancini?

Yes.

Council Vice President Iveson?

Yes.

Council President Saccozi.

Yes.

Councilman Aber.

Um I have to abstain from PO number 26-01578, but yes, on all the others.

That brings us to public comment.

Okay.

Um is there anyone in the audience that have uh okay?

Please come forward.

State your name for the record.

And you could take the mic and hold it.

I'm good.

Thank you.

Uh, my name is Mark Mutter, 53 Mana Road, Tom's River.

Tonight I will like to talk to something different than affordable housing.

I just want to um for some people you might not know Mr.

Mutter was the township clerk for many many years, and he was also our mayor here in Tom's River.

So he's been uh decades of uh civil service with the community and and he's a good guy.

Okay, thank you.

Go ahead.

Go ahead.

Tonight I would like to talk for a few moments about liquor licenses.

We have in Tom's River over 50 licenses.

Licenses for consumption, bars and restaurants, licenses for distribution, liquor stores, and licenses for social clubs.

They are all regulated pursuant to state laws and local ordinances.

You, the governing body, the town council, you are the issuing authority.

You annually renew existing licenses, you transfer licenses, and you activate dormant licenses.

The municipal clerk administers all of this.

Tonight I wish to speak about one license in particular.

It will be coming before you soon, and I ask that you start thinking about it now to give it additional consideration, as there are grave concerns, safety concerns about it.

In 2024, the planning board approved an application for a site plan at the intersection of Hooper Avenue and Fisher Boulevard, the old Biomontes restaurant and bar and golf ball driving range.

The board approved of this land use application for a bar and a restaurant to be combined with an active shooting range.

Yes, a shooting range.

The liquor license for this bar at this location is now inactive.

But when the current construction is completed and the bar is ready to open, it will come before you to decide whether to activate it.

Most licenses are routinely renewed, transferred, or activated.

But when it comes to this specific license, I urge you, the council, to give it the very highest level of consideration.

Is it really a good idea to have a facility serving alcohol to have a shooting range as part of it?

Is it really a good idea to have a facility serving alcohol to have a shooting range as part of it?

No doubt about it, liquor and guns are a dangerous mix.

And I need not remind everyone that a short walk from this property are an elementary school, intermediate school, county college, and church.

Yes, the planning board can give its land use approval, but it's just that a land use approval.

But it is you, the council, who govern the liquor license.

Should activating the license be denied?

Should it be activated?

If activated.