And we're gonna call the meeting to order.

Uh please rise for the flag salute.

I pledge allegiance to the flag of the United States of America.

And to the recall for which it stands.

One nation under God.

All right.

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, the start 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 1st, 2026.

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

Okay.

Roll call, please.

Councilman Bradley.

Here.

Councilman Biancini?

Here.

Council Vice President Nivison?

Here.

Council President Soccosi.

Here.

Councilman Coleman?

Here.

Councilman Aber?

Here.

Councilwoman O'Toole.

Yes.

Here.

Let the record uh reflect that Councilwoman O'Toole is uh uh is phoning in again.

Okay, thank you.

All right, um moving on to number five.

Item number five is the minutes from the June 10th, 2026 council meeting.

Okay, I I need a motion, council president.

Uh member what you asked me to do, it's not in there.

So just letting you know.

Um mention that on on the record now, please.

So uh per council president's instructions about having um when the mayor calls out, none of that was mentioned in the uh minutes from last month.

Okay, you mean the interruptions?

Yes, okay, thank you.

Okay, so I I need a motion for number five, please.

I'll make a motion.

Is there a second?

I'll second it.

Okay, roll call, please.

Motion was made by councilman Biancini, seconded by councilman Bradley, Councilman Biancini, yes, councilman Bradley, yes, council vice president Nivison, yes, Council President Socosi.

Yes, Councilman Coleman, yes, councilman neighbor, yes, uh councilwoman O'Toole.

Yeah, okay.

Um think we have anything this evening.

No, no presentations.

Okay, um, you want to read uh executive session, please?

Sure.

No item number seven is an executive session resolution of the township council of the township of Toms River, Ocean County, New Jersey authorizing an executive session to discuss confidential matters, including act of litigation, which are covered under NJSA 10412 B7, which by express provision of federal law, state statute or rule of court shall be rendered confidential or excluded from the provisions of subsection A of NJSA 10412.

I so I need to ask the township attorney uh a question.

So, how can councilwoman tool uh attend the executive session via phone?

Yes, she would be able to if she chose to do so.

I don't think she's gonna participate.

Yeah, okay.

All right, so let the record stand.

Um councilwoman O'Toole this is uh council president Sicosey.

If you could hear me just for the record, say that you're gonna participate or not participate in the executive.

Don't we need a vote on this?

Yeah.

Well, she's not gonna vote.

Okay, but she could or are you gonna attend the executive session?

Well, it's her right to vote before before you ask this.

Okay, okay, and then she can determine whether it's well it it doesn't matter to me.

Okay, all right.

Then read the what are we talking about?

I'm a little lost here.

He's asked, he's he wants to ask Lynn if she wants to go in or not, but we should probably vote on it first.

Well, she could always hang up the phone, right?

If she decides she doesn't want to be in there with the clerk, okay hangs up the phone, right?

All right, all right.

Read number seven, then please.

Okay.

Um, so we need I read it into the record, so we need a vote to enter into executive session.

I'll make a motion.

So the motion was made for item number seven by Councilman Biancini.

And I believe seconded by Councilman.

No, Councilman Never.

Councilman Ives.

Yes.

Okay.

So Councilman Bianchini?

Yes.

Councilman Nivison?

Yes.

Councilman Bradley?

Yes.

Uh Council President Sacosy.

Yes.

Councilman Coleman?

No.

Councilman Aber?

No.

Councilwoman O'Toole.

No.

Okay.

Okay.

Council President.

Yes.

May I say something into the record?

Go ahead.

So it is my understanding that the purpose of the executive session is to meet with an attorney.

That uh you appointed via resolution back in April.

Um I just want to reiterate to the council.

Uh and to the the audience that it is a township's position that that resolution uh appointing Archer Grinier as counsel was non-conforming.

Uh on April 17th, I sent a letter stating such to Archer Greener.

Um I think that the law township code 495 special counsel uh is clear.

Special counsel may be appointed to handle specific litigation or matters.

A township attorney shall provide his or her recommendation to the mayor and township council.

Special counsel may only appoint a resolution of the governing body.

Such appointments shall be on a contractual basis be subject to the approval of township council.

So the the township council would have to be a township attorney uh providing his recommendation to the mayor and township council.

That didn't happen the situation.

Um furthermore, I think the the landmark case um municipal council of Newark versus Sharp James spells out the powers of council and mayor and mayor council form of government particularly clearly and does not permit you uh to hire this firm for this role in this particular manner.

Um and that uh Archer Grinier uh will be will not be um needs to understand that they will not be uh paid for any bills they accrue uh for this time.

All right, okay that they take with you today.

All right, so um passes okay, thank you.

Yes.

All right, you have something to say, sir?

I can say something quickly before we go into open uh closed session.

Okay.

Jason Senna Archer and Griner.

I respectfully disagree with the township attorney.

In your form of government, the council and the mayor are separate branches of government.

The mayor's the executive, the council is the legislative branch, like the president in Congress.

If there's a dispute between the two branches, either branch is entitled to select council of their own choosing.

That's the purpose of the appointment and the purpose of engagement letter with Archer and Griner.

I have a question for you, sir.

If you're out of planner, thank you.

Okay.

So I'm motioning to executive appointments in the Straw Mayor form of government.

Oh, you're not gonna answer any questions.

So you're only gonna need a motion.

We we took the motion.

We can as you can see he's not gonna answer that question because he knows it's unlawful.

We're going into the session.

Thank you.

Um please be patient.

Mr.

Hensley you ready to reconvene the meet the meeting?

Okay.

So we need a motion to reconvene into open session.

Motion to come back into open session.

I'll second it.

Um I guess we should do a roll call since not everyone went.

Okay.

So Councilman uh Nivison?

Yes.

Councilman Biancini?

Yes.

Councilman Bradley?

Yes.

Council President Sacosi?

Yes.

Um Councilman Coleman?

Yes.

Councilman Aber?

Yes.

Councilwoman O'Toole.

And we're gonna skip voting on the minutes because they were not presented.

Okay.

All right.

So we are on number eight.

President, I'd like to make a motion.

Oh, okay.

Uh motion to authorize Archer and Griner to enter an appearance in the brilliant lawsuit to respond for the town council and assert the affirmative claims and defense as discussed in executive session.

I'll second it.

Okay.

So may I apply.

Uh I think the definition of executive session shows that the clerk needs to be there to take minutes.

Um I think by removing the clerk, you created a unlawful gathering of four councilmen.

Um I will be filing a uh an order to show cause uh immediately to contest a resolution that you pass back in April, uh appointing Archer Greeners.

Township council unlawfully.

And as for the um the brilliant suit that you would like to enjoy as I guess co-plaintiffs.

Um I don't think that's proper.

I don't think you I think if you did that, you'd have to do it as an individual, and I think you would have to pay for it individually.

I don't think you'd be allowed to use uh the township funds to cover the costs.

No, no.

No, no.

No.

You've already unlawfully excluded me from executive.

Thank you.

I know you have to three people.

But at the end of the day, he will please you don't you don't have a right to sue on behalf of the township.

Are you through?

It's an executive action.

And you're you want to recognize somebody from the floor now?

Yeah.

But not the mayor now.

I'm uh I not the mayor, but but the political Downey.

Listen, listen.

Mark it down.

715.

I know you're not going to do it, but 715.

The mayor's interrupting again.

I have it in my notes.

It's on video, Dave.

Okay.

Just to be clear.

Council President.

Go ahead.

Is he in?

He's not interrupting out of order right now.

No, he's not.

The motion as I understand it was to authorize my office on behalf of the township council to assert affirmative claims, not the township.

That's not lawful, sir.

Okay.

It's not lawful.

I beg to differ.

Well, that's why that's why you're doing this.

See political.

You don't care what the law says okay.

So to the motion that councilman Bradley read into the record.

That was motioned by him, Councilman Bradley, and seconded by Councilman Biancini.

Councilman Bradley.

Yes.

Councilman Biancini?

Yes.

Council Vice President Nivesen.

Yes.

Council President Soccosi.

I I want to vote last, please.

Okay.

Councilman Coleman.

No.

Councilman Aber?

No.

Councilwoman O'Toole.

No.

And Council President Soccosi.

Yes.

Okay.

Moving on to item number eight is a bond ordinance providing for the paving and various other capital improvements and equipment appropriating 9 million dollars, therefore, and authorizing the issuance of $8,550,000 bonds and notes to finance a portion of the cost thereof authorized in and by the township of Tom's River in the County of Ocean, New Jersey.

This is a first reading, so no public comment is required.

Okay.

Do any council members have any comments or questions on number eight, please?

Okay.

We're good.

We spoke with good.

We spoke with Dorothy.

She cleared it up.

Yep.

Okay.

Ums uh questions.

No.

Okay.

I'll make a motion to approve.

I'll second.

Motion to approve item eight was made by Councilman Coleman, seconded by Councilman Aber.

Councilman Coleman.

Yes.

Councilman Aber?

Yes.

Councilman Bradley.

Yes.

Councilman Biancini?

Yes.

Council Vice President Iveson?

Yes.

Council President Saccozi.

No.

Uh Councilwoman O'Toole.

Yeah.

Okay.

Moving on to item number nine.

It's a resolution of the Township Council of the Township of Toms River, Ocean County, New Jersey, to amend the 2026 introduced budget in accordance with the provisions of NJSA 40A4-9.

Um, this is the second reading of the resolution that we had last meeting on June 10th, and this will require a public comment portion.

Any council members have a um any comments or questions on this?

No.

No, we previously discussed the amendment.

Okay.

Um need a motion.

We are on motion.

I'll second it.

So yeah, we we need a public you need to move comment public comment.

That's what I was needing to close.

You got to move for public comment.

All right, because I I got sorry to interrupt.

I'm just three agendas here, and the numbers are mixed up.

And okay.

All right.

You just make a motion for public comment.

I know what to do.

Thank you.

I I still can't get over um number eight.

I'm I'm in shock here.

Um I lost all track here on number eight.

We got to pave the roads.

I yeah, hello.

There's gonna be no roads.

Yeah, name me one road that's named in this uh ordinance.

We just mailed out one road, go ahead, one piece of equipment, nine million bucks.

No, it's Dave.

It's not it's not spent and on page 30 on the budget for 2026 under capital improvements.

Dave, your own caucus right here supported it.

We got the we have to have capital money every year.

One dollar capital approvements, one dollar for 2026.

Dave, every okay year listen, it's not your turn to speak.

All right, oh, is that what he's doing?

Thank you.

It's not running.

I got you.

All right, so we're does anyone in the public have any comments on this?

No move to close public comment.

Is there a second?

capital improvements Dave your own call right here we got the we have to have capital money every year one dollar capital approvements one dollar for twenty twenty six dave every year listen it's not your turn to speak all right oh is that what it is it's not running I got you all right so we're does anyone in the public have any comments on this no move to close public comment is there a second second okay motion to close public comment was made by councilman coleman seconded by councilman aber all in favor aye aye now we'll take a motion on number nine on motion well second motion was made by councilman coleman seconded by councilman aber um councilman coleman yes councilman aber yes councilman bradley yes councilmancini yes council vice president iveson yes council president so yes councilwoman O'Toole I'm I'm sorry Tom can I apologize to everybody Tom can you take over the meeting please sure okay thank you okay number number 10 resolution Steve moving on yes number 10 is a resolution of the township council of the township of Tom's River Ocean County New Jersey adopting the fiscal year 2026 municipal budget as amended is there any public comment on this not to my knowledge we did that um last meeting on June 10th I'm not thank you you want to I didn't know if there was any public comment needed on this or required you all right I'm fine thank you okay I'm fine thank you so we don't need public comment on this no no this is the amended budget and we had the public comment on June 10th okay then on motion to approve I'll second the motion so motion was made to approve the budget item number 10 by councilman Coleman seconded by I think it was councilman Iveson yes councilman Coleman yes council vice president iveson yes councilman bradley yes councilmancini yes council present succosie no councilman aber yes councilwoman o'tool yeah moving on to item number 11 the consent agenda all matters listed under the item consent agenda will be enacted by one motion in the form listed below there will be no separate discussion of these items if discussion is desired on any item the item will be considered separately any any councilman need to pull an item table table uh any others from the council table council vice president I just would like to point out that the golf course yeah the golf course had its best month ever this month ever well that's great yeah anyone from the audience need anything pulled from the consent agenda for separate discussion yes Mr.

Galante could you explain Case I'm sorry I didn't hear what you said they said the full state are there any others what we're gonna need the done I I think we will vote to approve the balance of the consent agenda yes so hold on I just want to get the letters that we're going to pull so far I only have C C and E like elephant yes so letters C and E is what's going to be voted on separately nothing else seeing no others okay so we'll do a motion to approve the consent agenda balance minus letters C and E.

I'll motion I'll second it motion was made by councilman Coleman seconded by councilman Ives and councilman Coleman yes council vice president Iveson yes councilman bradley yes councilmany yes council president yes councilman aber yes councilwoman o'tool yes that brings us to item letter C is a resolution of the township council of the township of Tom's River Ocean County New Jersey authorizing the tax collector to lower the estimate rate for the August 2026 tax quarter using the adopted school budget can we get Carl uh the tax collector up here Carl Carl maybe you could explain this to me as well good evening council so when I prepared the actual uh calculation to do the estimate because we did not have a an adopted budget by June we had to go and do an um a resolution to do an estimated tax bill which we have done the last two years in the last two years um we haven't had a school budget uh I believe in 24 we had a nine percent increase when we did 2025 we had a 12 percent increase the schools had those schools have the sorry I apologize so the schools had a had a big increase so when we did it this year um there were some in our budget we have to estimate uh what the uh budgets are for the county there's a page in the budget uh estimates what the county budget's gonna be what the school budget

In the last two years, um we haven't had a school budget.

Uh I believe in 24 we had a nine percent increase.

When we did 2025, we had a 12% increase.

The schools had those schools have used.

Sorry, I apologize.

So the schools had a had a big increase.

So when we did it this year, um there were some in our budget.

We have to estimate uh what the uh budgets are for the county.

There's a page in the budget that estimates what the county budget's gonna be, what the school budgets uh you know, we find out we know what our five districts are.

So when I ran the calculation, I used what was in our uh our budget that you know the budget documents that were prepared, and um everything was submitted to the state.

When I ran the actual calculation rate after the we approved everything, the third quarter seemed higher than what I was thinking because I was told by everything that there was going to be an school increase and it was probably going to be about 150 dollars per average home, and the estimate rate came out about 300.

So if I left it like that, we would have had a spike in the third quarter, but we would have had a much lower fourth quarter, and I didn't think that was fair after the increases that we had for the school in the last uh two year uh two years in the fourth quarter.

So I called the state up and I'm like, you know, and that's when I found out that the school board was actually passed their budget.

I think it was like late May.

So they allowed me, I I did contact the the division of local government services.

They told me that it, you know, go ahead and use the estimated or the actual uh school budget and not the one that was in the estimate uh when the original budget was proposed.

So that has kind of even out what the third and fourth quarter are going to be a lot closer.

So you're not gonna see a a big spike in the third quarter.

Does that mean that we're lowering the bill this this time around?

Yeah, we're hoping that it's going to be more equal in third or fourth.

The last two years, like I said, we've seen that big spike because nobody knew what the school budget was going to be because you know eventually it was passed by the I think the department had to pass that school budget.

Carl, I'm I'm sorry.

I that's I'm not sure yet you answered my question.

I'm sure the council wants to notice as well.

Does this mean that this quarter will be lower than what you initially estimated or higher?

It will now be lower.

Lower.

Thank you.

Yep.

Yeah, it would have been probably about $300 higher if we use the the estimate of what we thought the school was because nobody knew, like in February or May or February, April what it could be.

Um this will, like I said, it would that it would have caused the drop in the uh December quarter.

So this kind of gives us a more even third and fourth quarter once the budget now that is the thing.

You just split it over the two quarters of the one.

Right, but I didn't want to.

So it's not it's not lower, it's the same dollar amount, it's just over.

It'll be close, yes.

Exactly.

Yeah, it's not lower, it's the same, it just spread over two quarters.

Correct.

Okay, that's that's what I'm trying to get at.

Yes.

Okay, that's fine.

Is that clear it up for you, Mr.

Galante?

Mr.

Galante, do the do the mic, Mr.

Galante.

Be on the record and give your name and your well, it's Mr.

Galante.

I forget your address, but that is Galante 1149, Cherokee Court Tom's over.

You you mentioned that the figure that you went off of originally was in the budget.

Yeah, it's part it's part of the process when you know when the budget is prepared like the January.

Okay, but you just approved the budget.

That is and the resolution is after the flag.

We kind of knew the estimate is based on what we we believe the budgets are going to be.

So we're pretty sure as of tonight, if budget's passed, we kind of know what the tax rate was going to be for the town.

We weren't sure what the school budget was.

We overestimate what we thought because of the average school bill being between nine and twelve percent higher for the last few years.

It is now lower because you know, they're actually more linear.

So this kind of just makes everything more even than spiking.

You would have got a higher third quarter.

It's supposed it's you're supposed to work to get it more equalized, correct?

Isn't that a best practice?

That's the best practice.

And like I said, I I was on the phone with the state.

I mean maybe $300 for them to come up.

So they were like go ahead and go ahead and do this.

Welcome to Tom's Error, Mr.

Connie.

But is a resolution?

Is it something that's an amendment to the budget that does it change the budget?

Nothing, nothing changed, nothing changed.

There's just estimated uh figures for the county and the for the schools in our budget every year, which is the state budget, but so when they thought about it, they weren't sure anybody knew in January or February.

Nobody knew it would have been another between 10% increase.

If I've been able to discuss or get up and speak, or anyone about the budget, I take indifference about the fact that I don't believe that the budget I'm out of order right now.

I don't believe that the budget was closed for public comment at the last meeting.

I don't know why it wasn't opened up for public comment.

Hi, wasn't that thank you, Carl?

Moving on to E.

Uh, we have to take a vote on C.

Close public comment.

I see, I'm not sure.

Yeah, just to be safe.

All right, a motion to close public comment on C.

Second.

All in favor?

Aye, aye.

And now we need a vote on letter C.

Um, I'll motion to approve.

We'll second.

Motion to approve item C was made by Councilman Coleman, seconded by Councilman Aber, Councilman Coleman?

Yes.

Councilman Aber?

Yes.

Councilman Bradley?

Yes.

Councilman Biancini?

Yes.

Council Vice President Niverson?

Yes.

Council President Siccozi?

Yes.

Councilwoman O'Toole?

Yeah.

Moving on to item letter E.

So I had actually some concerns with item A.

And I was just trying to get some clarification on that.

Do we actually have a um an ordinance for um the purchase?

I mean the rentals and the the equipment and stuff that they use on these.

I mean this is people that do property management and stuff, clean up vacant lots and stuff like that.

That gets a lien put on a property.

Is that what it is?

Is that what the e is I'm not really sure about the question?

I'm not sure we have a fee schedule.

There's a fee speed for for for billing for imposed.

So this is a resolution poses charges on Drew.

You want to just handle this?

Because I I'm not aware of it.

Yes, they get billed for the hours that are worked on the property.

So what I'm getting at though, they charge for the equipment and everything, correct?

Everything, correct?

Yeah, our people are people, not a contract.

No, no, I get that.

But what I'm saying though, do we have an ordinance with all of the rates?

There is uh there is an ordinance that was passed under uh Hill administration.

So yeah, we never changed, so the rates are still the same.

Uh everything is exactly the same.

All right, so I think that we ought to look into possibly maybe since it's back since Kelleher was in office.

I think maybe someone should look at maybe looking at those rates and see if they need to be adjusted.

Let's sit down and work on it.

Um, I'm just saying because we need to update that with the equipment.

I agree with the tip and fees and everything.

I agree with I agree 100%.

So if you want to sit down, we'll figure it out.

Okay.

All right.

So we would need a motion on letter E.

I'll make a motion.

Public comment.

Public comment public comment.

They don't motion to come out of council comment.

I don't think it was there was there's only public comment if somebody wants public comment.

Was there somebody out in the public that wanted really they did initially right?

Uh I did.

Yeah, you did, right?

The public wanted to discuss E.

Except for Councilman B.

Yeah, only one.

I'll make a motion motion to move it.

So motion to move uh letter E was made by Councilman Biancini.

We need a second, seconded by Council Vice President Iveson.

Councilman Biancini?

Yes.

Councilman Vice President Iverson.

Yes.

Councilman Bradley, yes.

Council President Sickozy.

Yes.

Councilman Coleman.

Yes.

Councilman Aber.

Yes.

Councilwoman O'Toole.

Yeah.

At least that's a wrap.

Okay.

Reports.

Yes, that's moving on to the reports.

I'll make a motion to approve.

Motion to approve the reports was made by Councilman Coleman.

I'll second.

Seconded by Councilman Aber.

Councilman Coleman?

Yes.

Uh Councilman Aber.

Yes.

Councilman Bradley.

Yes.

Councilman Biancini.

Yes.

Council Vice President Nivison.

Yes.

Council President Sickozi.

Yes.

Councilwoman O'Toole.

Yeah.

Um the next is the bill list date of July 2nd, 2026.

Anything in there?

I'll make a motion to approve.

Motion to approve the bills was made by Councilman Coleman.

I'll second.

Seconded by Councilman Aber.

Councilman Coleman.

Yes.

Councilman Aber.

Um I have to abstain from uh PO number 26-03 225.

And uh approve all the others.

Uh Councilman Bradley.

Yes.

Councilman Bincini?

Yes.

Council Vice President Iveson?

Yes.

Council President Sickozi?

Yes.

Councilman O'Toole?

Yeah.

So that brings us on the agenda it says elected officials' comments.

Unless you'd like to do