Toms River Township Council Special Meeting - July 29, 2026: Affordable Housing Ordinances and Controversial Votes
Okay.
Um you ready?
I'm ready if you have to do that.
Okay.
All right.
We're gonna call the meeting uh to order, please.
Um please please rise for the flag salute.
I pledge the flag of the United States of America.
And to the Republic for which it would be undervisible.
Thank you.
This special meeting is convened in accordance with 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 notices on the township website on July 20th, 2026, pursuant to PL two zero two five semi uh comma C 72, and then after posting same on the town hall bulletin board for such notices and filing same with the township clerk.
Um first I want to say to everyone, thank you so much.
We have a great turnout tonight for this special meeting.
Another special meeting.
How many special meetings has this administration had in the last two and a half years?
Zoom calls, last minute decisions, ongoing turmoil, last minute notices, and and I'm sure this isn't gonna be the last one.
So um just make sure your phones are on silent, and um if you must talk, please go out in the foyer and say a prayer for our town this evening, please.
Thank you.
Roll call, please.
Councilman Bradley.
Here, Councilman Biancini, here, Council Vice President Iveson.
Here, Council President Sickozi here, Councilman Coleman.
Here, Councilman Aber here, Councilwoman O'Toole.
Here all right, listen.
Um Councilwoman O'Toole, can can you hear me?
It's uh David Seacosi, Council President.
Okay.
Um where are you right now?
Excuse me.
Where are you calling from right now?
I am home.
Are you home?
Okay, are you using your house phone, a cell phone or the township phone?
I am using my cell phone, thank you.
Okay, is there anyone there with you?
Because the the reason is I'm concerned, and there's some other uh council people here.
Um, number one, we hope you're well, and um, but we're concerned that um you're continuing to phone in, but you you you have to go through the bylaws of council.
Okay, you you have to reach out to me 24 hours beforehand, and you have to let me know that you're gonna be phone calling in.
Go ahead, please.
She reached out to administration, Dave.
And everybody, we have to make a reasonable accommodation when somebody's an information.
Mayor, uh you're not recognized yet.
And you don't speak for her.
No, I'm not speaking for her.
I'm speaking for the administration.
She reached out to the administration.
So she's supposed to reach out.
You have to now reasonable.
You have to make it.
Do not talk over me.
I have the floor.
You wait until you're recognized.
Thank you.
Go ahead, please, Councilwoman O'Toole.
Okay.
I have several problems.
Which one is it?
You don't have to tell us the problems.
Just say it's uh health problems.
But if you need a letter from my doctor or anything like that, or my doctors, I will be very happy to highly inappropriate.
Highly, highly highly inappropriate.
Mayor, she's speaking so inappropriate.
For the next day.
Okay, if if you could uh provide that uh and put attention to me, that would be uh much appreciated.
You're welcome.
Thank you.
You're welcome.
Okay, so I think we're on number five.
Um, no, we're on item six, and that's an ordinance.
By the way, for the record, there are no minutes or reports or bills today.
But so we're moving on to item six, and that's uh final reading.
It's an ordinance approving a pilot extension for the Highland Plaza Affordable Housing Development located at block 537, lots 23, 106, and 107 in connection with an extension of the developments existing deed controls.
This is a final reading, so public comment is required.
Okay.
Um, is there anyone in the audience that would like to speak on number six?
If so, please come forward.
Um just state your first and last name.
You don't have to give your street address to say if you live in Tom's River or not.
Thank you.
Phil Brilliant, college lane, Tom Driver.
Um I don't know.
Doesn't sound like it.
There you go.
Okay, you could take it out if you want to.
There we go.
Okay, Phil Brilliant.
Um, just a couple of questions, and I'm not quite sure.
I do see Mr.
Zangari in the audience, so I don't know if he's gonna be answering questions.
Um just uh looking through the the ordinance.
It looks like um we're extending a pilot for about 30 years for exactly 30 years, and that'll take us to 2064, because it's 30 years based upon the current um expiration, which is 2034.
So 30 years on top of that.
Um and then in that it says that we're gonna be lowering the service charge from seven and a half percent to five percent in 2034 when the 30 years kicks in.
Do we have any idea what that estimated reduction in the pilot will be?
The cost, no, sir.
Oh, you don't want an answer.
I I I would like an answer if Mr.
Zangari is gonna give an answer.
I didn't know if he was gonna provide any testimony tonight or answer questions on these ordinances.
Would would you like to answer him?
Okay, so that'll like the extensions.
Can you hear me now?
I got you.
Okay, good.
The uh township's financial analyst performed an evaluation of those figures.
Um those were provided internally in the township.
I don't have a I don't have those materials with me.
Okay, I have a question real quick.
Who was this analyst?
It was the time the township's current financial analyst.
I can I can get that name for you.
I I'm not those are not my materials.
I I would like to name I don't have a problem if Mr.
Roderick, Mayor Roderick has an answer if he wishes to answer.
No, he knows the we'll get the name later.
Your call, okay.
Please continue.
Um my other question was, and I'm not sure.
The uh 3.2 million dollars that we're gonna pay the developer, the property owner over 10 years.
Uh my questions, and hopefully you may have an answer, may not.
Um, was that based on an appraisal?
Is that negotiated?
How is that number calculated out?
That comes from the affordable housing trust fund.
So we don't pay, we don't pay.
The developers that developed in the prior round the 10 years of outrageous development occurred, there was nine million dollars in that trust fund.
Those are the monies that are used to extend the affordable housing for an additional 30 years.
But that was resource.
How do we come up with 3.2 million for to give them?
Yeah, this is all part of uh basically the financial folks look into what it would cost and what the unit would cost and whether it works, right?
So you got to give these units to people for some cases significantly significantly less than what an apartment would cost.
Some people pay only a few hundred dollars, right?
So the the that's why we have an affordable housing trust fund is to help subsidize that.
It's part of the state law.
Uh this is a very good deal.
It doesn't cost the taxpayers anything, and it gives us hundreds.
These extensions of controls give us hundreds of units worth of it.
Thank you, Mayor.
Thank you.
That's my next question.
On this on this uh affordable housing plan, how many credits is this giving us?
This is a hundred and ten, this is a hundred and ten units.
Which is thirty thousand dollars a unit over after thirty thirty years, right?
It's not a lot of money.
110 units, 55 bonus credits on top of that.
So 165.
That's a lot, a lot of units, Mr.
Brain.
And then so that's that's a pilot extension of 30 years, 1.3 million.
Um we have uh already approved village bailey is 2.4 million coming out of the trust fund.
Dover Chase is another 1.5 million.
I'm just you you did say there's nine million.
I understand that, and I agree, but if we spend more than the nine million, that would then be something that it's constantly coming in, right?
So whenever there's a there's a constant tax, it's constantly generated tax to the developer.
It's not to residents, right?
These are paid with with the with the fees that are taken from developers.
Agreed.
And I'm I'm okay with that.
I just I think you know, again, I think this is using the plan properly.
This is what I think the town has done on some of the properties, and my last comment is that I would love to meet the manager because naming your company the triple Lindy.
Anyone know what that is?
The dive.
I I've seen it's the dive.
I do love that.
Thank you very much.
Okay, thank you.
But uh, Mr.
Brilliant, just um I just want to add to this that number six is a hundred percent the mayor's plan.
We were never brought into it, we were never informed about it, we were never part of the discussion.
We we were never asked our ideas, so this is a hundred percent on him, number six.
Thank you.
And yes, sir, Mr.
Council Michael Messina, I'm a resident of Thomas River.
Thank you.
Just curious when these deals are negotiated, besides the lawyer and the mayor.
Is the council involved on any level at all?
No.
No.
Does that seem odd to anybody in the room?
It seems a little odd to me.
Yeah, just so you just so you know one at a time, gentlemen.
So you know, I was invited by Dave to go to a meeting at attorney's office, and I was told I wasn't inviting that.
And I had to leave.
So you could take it for what it's worth, but I know what's going on.
They didn't want me to be in that meeting to hear what they were talking about, and I'm putting it on the record that this guy is doing everything behind our backs and wants us to approve things, and I'm tired of it.
That's a stop.
I'll I'll now again I'll elaborate on this.
I got a phone call from the mayor that um after like a couple months ago, maybe more, when things weren't turning out too good, and we had uh he had to renegotiate.
He goes, We're having a meeting with another builder.
Would you like to attend?
And I said, Yes, and it was at uh a local attorney's office.
I said, All right, this is good, so maybe we could get somewhere.
I asked Robert Biacini, councilman, to come with me because he knows a hundred times a hundred percent more than I do.
He worked in government, unfortunately, in Asbury Park for years and years and years.
So he knows all this stuff.
So we're up front, the meeting was at five o'clock, and we're waiting to come.
And the mayor shows up with the township attorney, and the first thing he says, we're waiting outside.
What's he doing here?
And I said, he's here to to listen.
I don't want him here.
He's gotta go.
And I'm thinking this is private property, this is a lawyer's office, and I don't think that fast, but I said, well, if you're asking him to leave, I'm gonna leave too.
I'm not going in there without a witness next to my side.
So we both left.
We both left.
So I don't know what happened in there.
So that's to the question.
That's to your question.
To the question.
The mayor and the mayor alone decides without consulting with the council on all these financial matters.
That's what it appears to be.
That's what appears to be with the four of us.
Just curious.
The three of these, I don't know, but I doubt it sincerely because I I don't think they did their homework, and and I just got this like uh a little less than an hour ago.
All this paper, we all got this less than an hour ago.
They got it it to vote on this.
Okay.
Well, how can you vote on it if you didn't read it?
Thank you.
Thank you.
So the way it stands, the council was not involved with the financial decisions for the township, and it was the mayor and the mayor alone making that decision.
That's what it sounds like.
That's correct.
I don't know.
I don't know what to do.
All right.
Thank you.
Thank you.
Thank you.
Anyone else, please?
I get a question from Zigaro.
Okay.
I just want to understand.
So there was nine point something million dollars in a trust fund for affordable housing existing.
Existing, right?
Yes.
Whatever.
Roughly, I don't know the exact amount, but it was nine million dollars plus, correct?
I mean, uh the specific numbers I'm gonna turn to the professional, the planners to go into those numbers, but on the larger procedure, I'm happy to take a question from you.
Okay, what my question is yeah, often that I think I can probably answer something part of the point is is that out of that that uh uh fund that the trust fund that you have set up, where does the revenue come from?
The revenue is so the revenue is collected so the money in the affordable housing trust fund comes from developers as development occurs over time, as well as if a if a if a resident puts an addition on their house, if a construction person puts around, if they put an addition on a commercial building or something like that, everybody pays a fee into this affordable housing, correct?
There are exceptions for a certain size.
But what I'm getting at not a garage is not a resident.
Taxpayers' money that we're actually using indirectly, one way or the other.
It is not if you're a single, if you have a one moment.
It's developers' money for large.
Let's say you're a small even if it's a developer, even if it's a developer and they put money out of their pocket.
Who do you think that that developer is going to charge to get re reimbursed for the money that he put out of his pocket?
The person that's buying that property would be one rent.
Well, I know how it works, but you guys are the mayor's claiming that it's no taxpayers' money.
Everything that we spend is taxpayers' money.
I want to make that perfectly clear.
What I want to just say is the non-commercial development fee, that's statewide mandated.
But I understand, I don't care if it's statewide, town wide, or whatever.
I'm just trying to prove a point that you cannot sit there and put a smoke screen up saying it's not everything that the municipality gets is taxpayers' money.
Plain and simple.
Where do you get it from?
How do you get it?
I don't care.
I'm just telling you, we can't say taxpayers are not paying for it.
They are paying for it.
And it's nine something million dollars.
And also on top of that, there is actually people that are getting pilot programs that are also getting 25,000 to actually renew their pilot programs.
And guess what?
That's taxpayers' money or out of the so-called slush fund.
So it's almost like a bribe that we're doing.
The state takes the money back if you don't utilize it for affordable housing.
Oh, well, so they they remembers this from being on the plan board.
Mayor going forward when you have to add just asking.
I'll recognize you.
Thank you.
You want to recognize me for just a second?
No.
Yes, please.
Thank you.
Appreciate you.
Couple seconds.
Yeah.
Um, so again, as you heard, this is nearly 180 some odd units.
Uh it's being paid for entirely by fees that were generated by developers.
If we don't use that money, that money goes back to the state uh after after a certain period of time.
I believe it's 10 years.
So we were at the end of the 10-year period, we have to use it.
Um as far as who it subsidized or does it cost someone more money?
You're saying who pays that ultimately.
Um, I guess the person living in the apartment, if they're paying higher rent or something along those lines, but I think this is all in the calculus when they built, right?
So it's tax rate.
It's it's state mandated.
It's got to be used for affordable housing, or it goes back to the state.
So I think it's a good use for us to extend these affordable housing units.
Thank you.
Thank you, Council President.
You're welcome.
And I have a question for you.
Um is this financial analyst?
Who I think we use NW, right?
We use NW.
It's bid.
It's bid.
So this is not like it like it was bid, and I believe what is it?
Or it's an RF, excuse me, it's an RFP.
Uh it's NW financial huge company, it's not uh and this is what they do for they're involved in our budget process, they're involved with compliance.
It's a huge company.
I think they've been here for a decade.
Uh yeah, I okay, yeah.
So thank you for answering.
Yes.
Um, we're still on number six.
Yes.
Okay.
Yeah.
To state your name, and if you live in Tom's River, please.
Janet Lang 37, Cedar Drive.
So you don't have to give your address to say I live in Tom's River.
Yes, well, I do.
Um I just want to say for clarity's sake that I I totally understand that paying into the affordable housing fund is definitely a state mandate.
Um, but I can tell you that as a resident of Tom's River and a taxpayer of Tom's River, when I made renovations to my home, I could not get a CO until I paid a fee into the Affordable Housing Fund.
And I had to write a separate check.
So perhaps funds coming from residents of single family homes.
Are they put into the same pot as developers?
Or is it kept separate?
And how do you think that's the same?
I think it's put in the same pot if it's one fund.
But it it does happen.
And people who live here and they want to improve their properties, they have to pay a percentage of that improvement into the affordable fund.
And it's not just developers, it is people that live here, including myself at one time.
And it was done.
So I'm I'm not arguing I agree that it's required.
Uh, and I'm not I'm not saying that it's more to it than but it's not just developers, it is just people living in single family homes that maybe need to upgrade them or something like that.
It is is just up here and tell me it's not a cost to the taxpayers.
Well, or to just say that it's it's per people running commercial properties that are profiting off of this that that they are the only ones shouldering the bill.
Other people do pay.
Maybe they pay the bulk of it because they're doing the most development, but it is also just people that have single family homes.
That's all I wanted to say.
The only place that this can go is toward affordable housing.
It's not allowed to go anywhere else, or it goes right back to the state of New Jersey.
Is there anyone else, please that has uh uh a comment or a question on number six?
No, uh, I need a motion to close uh public comment on number six, motion to close public comment.
Uh roll call, please.
Motion to close public comment was made by council vice president Iverson, seconded by councilman uh Bradley, Council Vice President Iveson.
Yes, Councilman Bradley, yes, Councilman Biancini, yes, Council President Succozi.
Um just a friendly uh reminder that uh council uh vice chair Livison and me, we vote last, all right, on everything.
Okay, um so it's my turn.
I I vote yes, but going forward, please.
Okay, councilman Coleman, yes, councilman Aber, yes, councilwoman O'Toole.
Yeah, and now we need a motion on ordinance six.
Okay, uh wait, wait, wait, wait, Councilwoman O'Toole is um uh do any council people have any comments or questions on number six?
It was misspoke.
No, it's seven.
We haven't voted yet on six.
We have a vote on yeah, but I'm asking them if if they have any questions on number six, any of us before we vote.
That's what I'm asking.
I'd like to comment.
Okay.
Uh I just have one thing that has been discussed before, and I think it's fairly obvious.
Yeah, it may be directly, indirectly um part of some kind of taxation for the community, but we all invest in Tom's River, number one.
Secondly, we have to be reminded that if these things do not pass, the impact that it's gonna have on this town for a long time is gonna be pretty severe, and we have to consider that.
Do I like to pay any extra money in taxes?
No, I don't.
But I also believe in investing in Tom's River.
My taxes just went up two grand, one year.
But you know what?
I'm not yelling and screaming about it because I understand that why it had to happen.
We had to support our schools, we had to support the library and so on.
So it's an investment in Tom's River, and again, do we want to take a chance on this not passing and really causing harm to Tom's River over the long run because of the number of the units that could be built and the freedom that it gives developers what to do?
They don't have to go to the planning board, they don't have to go to the zoning board, they don't have to adhere to setbacks.
Is that what we want for Tom's River?
I don't want it that way.
So this is something else you have to think about.
Yeah, it may cost you some bucks indirectly, but I think the long-range thought is let's do what's best for Tom's River.
That's my opinion.
Thank you.
Should have done it last year, then when you had to have the majority, that's what you should have done then.
Okay, all right, thank you.
Um councilwoman O'Toole, did you uh have a comment to make?
No.
No, okay.
All right, anyone else?
So um would someone like to make a motion on number six for or against?
I'll make a motion to approve.
Is there a second?
I'll second it.
Okay.
Motion to approve is made by Councilman Coleman, seconded by Councilman Biancini.
Councilman Coleman.
Yes.
Councilman Biancini.
Yes.
Councilman Bradley.
Yes.
Um Councilman Aber.
Yes.
Councilwoman O'Toole.
Yeah.
Council Vice President Nivison.
Yes.
Council President Sickozy.
Again, I want to say again, number six is a hundred percent the mayor's ordinance.
We were not involved in this one way or the other, and we're doing it for the good of the town.
And I believe we could have done better if we were brought on board.
This has been going on since December, and um it's almost August 1st.
It's um a couple days away, so I'm voting yes.
Okay.
Okay, we're moving on to number seven, please.
Item yes, item number seven is an ordinance adopting amendments to the existing affordable housing zone known as the EMF 23 multifamily zone to generate 42 affordable units for the Jamestown Village Development located at block 610, lots one, two, three, five, eleven, thirty, thirty-one, and thirty-three.
Uh again, this is a final reading, so it needs public comment.
Okay.
Anyone in the audience, please uh have uh any comments on number seven.
If so, please come forward and let us hear.
Just state your your first name and and your last name, and if you're a resident only of Tom's River, you have to give your address.
Julie Adamek, uh resident of Tom's River.
Um my comment as far as the location of the Jamestown Village development and expansion.
My understanding it's going to be a multi-story uh facility uh that's being uh or a building that's added.
And I from what I've read recently, there may even the buildings might even be closer, 25 uh feet apart.
Um anybody that lives in that area of Tom's River knows that that area is extremely congested.
Uh the mayor has approved a multi-story building that's going to be over rather close to that um school uh river uh that river um side cemetery on Route 916.
Everyone knows that that complete area backs up bumper to bumper for going to Hooper uh to 37 and um going to the downtown area.
It's backed up the the entire distance.
So to bring more people into that area is a poor decision.
That area is also uh has a high crime area, uh crime rate in the area.
There's a drug problem in the area, they've had murders at the Hampton Gardens, which is close by.
Um you've had right there by the riverside uh cemetery.
Uh the traffic pattern is so horrendous with uh pedestrians crossing over to get to the shop right side.
There was a young mother pushing a stroller that got killed.
So these are all things that have to be taken into consideration.
I think it's an absolutely horrible location to be putting more um people and people that are maybe disadvantaged and cannot afford um you know normal rents.
Uh I think it's a terrible location.
So that's just my personal opinion.
Okay, I I just want to follow up on that.
Uh if if I may, please, Julie.
So as I recall, um, they came before the zoning board uh a few years back for the same uh pretty much the same application, I believe.
I I wasn't on the the zoning board, uh it was on the planning board, and I I believe it was a long drawn out battle, and I think they please somebody correct me if if I'm speaking uh misspeaking, that they lost on like all fronts on their application to this.
Dave, just so you know, I was on the zoning board when that application came in.
Oh, really?
Yes, sorry.
And it it got knocked down, it got it failed because of all the all the complaints with the traffic over development, everything it it failed, plain and simple.
Just so you know.
Okay, all right.
All right, I didn't know that.
Yep.
Thank you.
All right, so that's my comment.
The uh the other comment I would just like to add in is um you know the Roderick Five that are always in support of everything that he does that are really to the detriment of the town, and um the downtown project that he um torpedoed and is is having repercussions now with the legal system because of what he did.
Um, I think people have to think back to when that meridian project was first proposed downtown.
One of the the proposals relating to that was an arrangement with the hospitals.
Um, because the hospital uh as everyone knows who's lived in Tom's River uh for years, and I've lived here since childhood.
Um our health care system has not been very uh it has not been stellar in this community, and they've been trying to advance and make the uh the uh care, the medical care in the community more progressive.
Um because we've looked uh realistically, we've been 10 years behind the came in front of the planning board a couple years back and they presented the planning board and the township with a 20-year plan to improve everything.
And on this project downtown, they actually came to every meeting in in favor of that project where it's a teaching hospital now, I I believe.
And they have uh young doctors that need a place, and they were going to create a shuttle service, right?
A place for people to walk around downtown and and stuff like that.
Right, and they that would have provided apartments that would have been affordable because anyone that knows anything about interns or residents knows that they do not make a lot of money, and they work extremely long hours, and they need some place close to the hospital.
Okay, thank you, Julie.
Council President, I would just like to address one one point here that I think is important before Mr.
Brilliant gets up.
Um first of all, uh they were they filed as an objector.
Uh we had an obligation set by the state.
They filed as an objector, which means they they had a in, they were gonna get into the plan, whether we let them in or not.
They'd get into the plan because there's an there was a uh required number of units, and they filed, right?
Uh they came down here to the council meeting and they served us with something, I believe.
Um so they would have gotten in the plan.
But what we did is we did negotiate a really terrific deal.
I believe it was supposed to be 40 40 percent affordable or something along those lines.
I think it got reduced down to 30 something because they couldn't make it work in the area, but it's still almost twice as many affordable units as you would see in a normal development.
So they the developer, Jamestown, the owner of Jamestown.
They came down here that night night.
Remember when they I do don't remember who it is.
No, they came down here and they handed us something, they filed as an objector.
They would have gotten in the plan.
They would have no matter what, we negotiated a very good deal where it has a very high percentage of affordable units to market rate units.
Uh and um I think that that was uh a good move.
Okay, thank you, Mayor.
Uh yes, sir.
Uh Phil Brilliant for Arms River first and last name, and you live in Tom's River.
I do, thank you.
Um so uh Mr.
Zangari and Orb anybody one.
So on I think April 22nd of 2026, this was approved on second reading.
Why is it back again?
So the uh uh there was an initial zoning ordinance that was passed.
This is an amendment to that zoning ordinance.
The developers continued to when the matter was extended by the court, a mediator was brought in to mediate all the disputes, and there was a question as the developer was pressing on three aspects of the of the plan.
They continued to pursue and threaten the lawsuit against the the township.
And so the technical stop you right now.
Um what disputes right?
What was that?
Name a couple of the disputes.
So when I say disputes, I can have our planner walk through what was modified in in the plan, but they continued to press and threaten the rest a they threatened to continue to challenge the rest of the plan.
There was an opportunity to mediate their dispute.
What did we end up getting?
30 some odd units.
What did we get?
42.
Are we still getting 42?
42.
Yeah, it was still getting 42, but I think the number of market rate units and the shift, right?
Whether the what which which units would be affordable, the old ones or the new ones, with things like that.
They were look, they they we got a great number of units out of that.
20% would have been half of that.
Thank you.
So again, certain people were left out of this communication and negotiation.
And this is the very first time that I'm hearing of it.
And I don't think Councilman Bradley, Bianchini or Vice Chair Nivison ever heard of it until right now.
And that was a great point in question, bringing that up.
I'm not done yet.
I know you're not.
And we ended up here, we ended up here because Hope's Crossing withdrew.
Otherwise, the judge signed off of anything in January.
If they hadn't withdrawn, we wouldn't be here today.
Well, I would say that it was Hope's Crossing and it was the Route 70 inclusionary project, which was not um, which the council did not choose to proceed on.
So I would say it's not just Hope's crossing, it's also the Route 70 project.
But I don't think I don't think it ever came back to council.
It was just removed.
It was just removed, just removed.
It was because it was approved, it went to the judge with Route 70 in there.
He signed off on it, so it wouldn't have come back.
The Route 70 zoning was not passed by the council.
Okay.
Route 70 project came forward for an op with a with zoning that would implement that plan, which would have allowed that mechanism to go forward.
It was rejected, which was a major plank that caused us to need or caused the township and the administration to make decisions on an alternative direction.
But that was after Hope's Crossing withdrew, and the judge had signed it with Route 70 in there.
So what happened was um Hope's Crossing hit a was derailed, and there was another another mechanism that was actually supported by council, which was the Route 9 township, uh township owned properties.
There was a resolution that was adopted recognizing that as an alternative mechanism.
We returned, the township returned with a package, and the Route 70 project was strenuously objected to.
And so, regardless of whether or not Hope's Crossing was problematic, there was an alternative mechanism.
However, then Route 70 became problematic.
It was very clear the council up rejected that.
And so it's not just Hope's Crossing.
I just need to be clear on that one.
And if by some chance we ended up in Builder's Remedy for some reason, okay.
And you know, you basically, you know, they the builders can do a lot, and maybe Mr.
Hunt can answer this, um, can do a hot relative to ignoring zoning, ignoring planning and things like that, but they cannot ignore state mandated environmental rules, correct?
That's yes, that's a that's a fair statement.
Okay, and everything except for 14 acres in Tom's River is part of the CAFRA zone.
So isn't there a chance that builders' remedy if it came in here is not as devastating?
I know it's a hypothetical question, you don't have to answer it, but I think it's important to know that they still have to abide by all state rules, even if builders remedy comes into play.
Capital's capital still is still out there.
The I'm sorry, I did hear what you said.
CAPRA is still a requirement.
The ability to utilize builder remedies to a builder's advantage and the affordable housing laws.
Um is a it is stronger mechanism, it is a mechanism that is can be uh utilized effectively.
But yes, CAFRA still needs to be uh addressed.
Okay, and so we have on this uh apartment complex, which I will tell you personally, I really don't like please I'll go real quick.
I'll go real quick.
So this take your time.
So this the this was brought to the zoning board as was mentioned prior, and it was denied by the zoning board.
It then went as high as the appellate division of New Jersey, and that the decision of the zoning board of Tom's River was confirmed.
Okay, and now we have it in front of this board, which is basically passing zoning changes within the ordinance that wouldn't pass the zoning board, but you're bypassing what was denied by Toms River Township zoning board and ignoring the decision of the court at that time.
There may be some tweaks to the plan, but at the end of the day, the zoning board of Tom's River denied it.
The judge, two judges, I believe, upheld it.
Okay, and to approve it tonight, you are just ignoring and bypassing what the zoning board of Tom's River did and what a judge upheld.
At the same time, it's giving you 42 units in the middle of a congested area with a school.
I'm not quite sure where it's gonna fit on the property.
I don't know.
But you know, back in April, Judge Gertner basically said when he gave an extension, which we thought would never happen, he said Meridian shall be permitted to participate in the continued proceedings in the matter as a challenger by virtue of the August 2025 challenge filed through the affordable housing dispute resolution plan.
So my question is what has been Meridian's involvement here because they have 43 units.
Here's 42.
You want the towers, in other words.
So I can only speak.
I can't you want the downtown.
What has been their involvement?
And a builder's remedy in the downtown towers.
Thank you, Phil, for outing yourself today.
We appreciate that.
Mayor, you're I'm so sorry.
You're right.
I didn't what wasn't recognized.
You're right.
But you've allowed him to speak now for about 20 minutes.
Would you like to speak your talk this stop?
Don't pick up, don't pick a fight with Dave.
Go ahead.
If you would like to speak, ask.
Thank you.
I appreciate it.
So my my question, my question is the way what has been Meridian's response since they were told that they were back to be able to be considered.
Yeah, so what I can just speak to this one aspect on Meridia is um what we're seeing in courts throughout New Jersey, because there's every county has its own Mount Laurel judge, every vicinage, and they're doing things a little bit differently.
But what we are seeing is that when a municipality is required to amend their housing element in a different way than it was presented in the program, right?
Like they we had gone through the program, had the housing element and it had been voted on by council.
A object a challenger who didn't make it out of the program couldn't then come before the court and continue arguing.
However, because there's a need to amend the housing element, the judge said then if you're gonna be amending your housing element outside the program process, then I'm gonna give a shot to Meridi to still be in.
So they have a seat at the table at the table because the because of the rejections and explain what you mean though.
In other words, we are in we are in settlement talks.
Is that fair to say?
Uh so the the court order that Meridia is allowed to be at the hearing, be at the court cases, appear, make comment.
They're also obligated to participate in mediations and to present um a settlement if they'd like to try to settle their we are in settlement.
We are I know I'm not supposed to say, but we are in settlement.
So if we have excuse me, Phil, I I I gotta interrupt you and I apologize.
So I'm hearing this for the first time that you're saying that the township is in negotiation.
No, you're not you're not hearing this for the first amendment.
Okay, uh it was mandated by the judge, and it was written in the Asbury Park Press.
All right, but I never I I don't hear that.
Yeah, okay.
I don't see that.
Listen so this is the first time that I'm hearing it that the township is the new strategy is uh in negotiation and settlement with the downtown project.
Is that true?
Yes or no?
We've had discussions with them, yes.
And you've been aware of that.
Okay, I in fact been aware of it.
Yes, you've been aware of it.
No, I have not, Mayor.
Yes, no, I have not.
Yes, you have I'm in the newspaper that so you're entertaining a settlement.
Okay, thank you.
I just have one quick question.
My question is why would the council approve 42 units on a property that the zoning board has prior denial?
Two courts upheld it when you have an approved planning board approval for 42 affordable units.
Downtown Toms River.
Because nobody wants to know who wants the towers, that's why.
All right, no one wants the tower.
Except except certain except a certain Republican club, okay.
A non-official Republican club wants those towers.
Ladies and gentlemen, please don't call out.
Thank you.
So is there anyone else that has uh comment on number seven?
Okay, uh seeing none, I need a motion to close.
How about counsel?
There's a no, it comes after public uh counseling.
Okay.
Um I need a motion to close public comment on number seven.
Is there a second?
Okay, thank you.
Motion to close public comment on item seven was made by Councilman Biancini.
Second by Councilman Nivesen, Councilman Biancini.
Yes, yes.
Council uh Vice President Nivison.
Yes, Councilman Bradley, yes.
Council President uh no councilman Coleman.
Yes, Councilman Aber, yes, Councilwoman O'Toole and Council President Sarkozy.
Yes, okay.
Now we need a motion on items.
No, no, we're gonna have uh council comments or questions.
So does any councilman or councilwoman have any comments?
Yeah, so I I wanted to ask um what is what what is the height of this new building gonna be on Jamestown?
I'm gonna hand that off on those details to a planner.
I don't know.
I heard so many conflicting reports, so I just want to make sure that I know exactly what I just got this to be.
Yeah, but it does it say three stories, two stories, whatever.
I don't know.
It's probably in there.
Yes, so hi.
Uh Richard Hunt, township planner.
Uh the ordinance has been revised, however, the height, the height has not been changed, so it will not be higher than any existing building on the property.
So that's a two-story building there or three.
I think it's two days.
Okay.
Jamestown is two stories.
That's what I believe.
Okay.
Just so it's on the record.
Jamestown is two stories.
Uh sorry, uh building height not to exceed 40 feet with three stories.
Oh, I see there's a big difference.
Yeah, so is it three stories?
That that was the existing ordinance.
That has that's that's the existing ordinance.
That section of the ordinance has not been changed.
Okay, but I'm getting at there's the developer can actually go up to that height there.
Yes, they could have beforehand as well.
Yeah, okay.
So, what I'm saying though is that elevation of that existing uh great grade over there, and if they want it 40 feet, will it actually be higher?
It has to go to the planning board.
Then all the surrounding buildings that are on it.
So the residents that live in that area there will be looking at this building towering down at them.
If it's 40, 34.
I can I can read verbate on what the the code says, it's very restrictive.
Maximum building heights should not exceed 40 feet with three stories as measured in either in feet or in floor levels above the grade level as determined by the average grade elevation at the corners of the building, whichever is more restrictive.
That's the exact existing code that's been on the record here for me so what I'm getting at that that grade over there is pretty flat on James Way.
So let's just say arbitrarily that it's at 40.
I think it's 42 the last time I looked at it.
So if they want to possibly three stories, let's say 35 feet, you're looking at the top of that building at elevation 75.
That elevation will actually be higher than the six-story buildings downtown.
Plain and simple.
Yeah, listen, uh you shake your head, it can be.
It can be.
And all those residents that live around Jamestown will be looking down, they'll be getting looked down up as far as all the residents that live there.
You're gonna have a high rise in a residential neighborhood, is what you're gonna have.
Excuse me, council president.
Could I jump in with some comments?
Uh it'll be short.
Short, please.
Thank you.
Yeah.
Um the entire run is is apartments, it's surrounded by apartments.
Uh it's the height that's always been on record.
The project is really just about how many units and would any kind of plans have to go to the planning board.
Uh this is just a question of are we going to uh live up to our uh settlement agreement that already the court is involved in this?
We're supposed to get 42 units here.
Um like I said, I uh we asking Gary not here.
Okay, so so it this is the height of what all of the apartments on that stretch, the entire stretch.
So it's not like this is towering over a single family home that there's a big two-story building over a single family home.
Every building in Jamestown is uh that height.
No, no, no, no, no.
Two two to three two stories.
But this is not saying that it has to be three, or it's saying it has to.
No, okay.
No, so what you're saying is is the zoning allows it to be.
That's correct.
So this is really just about 42 units, and I doubt the planning board would approve something higher.
Okay, well, we don't know that right now, mayor.
So thank you.
I think uh council vice chair Nivison in my youth in my youth.
I did maintenance in that apartment complex, and the buildings are 24 feet tall right now, the two stories.
If we approve 42 feet, they could potentially go up that high.
No, no, no, no.
Correct?
No, no, we're not approving 42 feet.
We're 40, it's 40 feet.
The zone is the zone, Mr.
Nives.
40 feet.
They could that's the zone.
We're approving 42 affordable units.
We're not approving a height on anything.
Yeah, but it has to they have to have a plan and they have to go to the planning board.
So this is about the units.
Let's not conflate two entirely different things.
All right, the zoning allows that, but you would have to still get a plan approved, and I doubt anybody's gonna allow that.
So Mr.
Zangari, is there going to be a pilot program uh in this affordable housing over there on James Jamesway Village or Jamestown Village?
I apologize.
The question was whether or not there would be a pilot.
Yeah, is there a pilot program for these units over there?
Yeah, so uh prior to this zoning ordinance being enacted by vote, there was also a vote brought to the council for the settlement agreement with Jamestown.
And that settlement agreement that was voted on I don't know if it was a month or two months ago, included a pilot, provided that sufficient documentation to the satisfaction of the township council was presented.
The settlement agreement does envision as a standard with affordable housing projects a pilot.
Um the only reason I'm asking is because I remember when the mayor was running for uh when he was campaigning for mayor, he was adamant about pilot programs, and now all of a sudden we're giving out these pilot programs like we're giving out candy to a kid.
So I'm just trying to say if that if we're working with someone over there and we're making all these exceptions so that they can do this project, they already build in there.
So I voted no on the zoning board because it was too much.
Okay.
Now you're gonna get them to build even more units, and everybody's complaining about flooding, everybody's talking about runoff.
You're taking all this previous air, and you're building on every square inch that there possibly is to get 42 units.
So just one one item I should just clarify because I've heard it a few times.
I need to just clarify the 42 units.
There's 20 of 28 of the affordables are new construction.
The remainder of those affordables are conversions over.
So the pilot both supports the conversion.
Actually, out of the out of the what'd you say uh the 28, how many is it the total of the units gonna be?
That is in the settlement I would like to jump in here on the pilot because uh Dave, I I can I'm getting accused.
All right, I'm getting accused about these pilots.
Not getting accused of okay, the big thing, mayor.
Thank you.
Okay, the the pilots were in place in many of these places before.
If someone is going to build affordable housing and rent units out in some cases for just a few hundred dollars, they're not gonna do it without the incentives, and then you need the units.
So you need so you need the units, they won't build them without incentives.
So the prior administration put all of these incentives in in every affordable housing complex we have in the town has a pilot, every single one.
Okay, so they they have to be there or they're never gonna build them, and then it'll be builder's remedy.
So thank you.
So just you know, I have one more to add to that, Mr.
Zingari.
I know he may say he's not for the pilots, but let me tell you with a lot of these affordable housings, a lot of these people that are buying them and renting them, they're renting them out, which they're not allowed to do, and they're taking that money and putting it in other places.
No one's following up on all of these other ones that are in affordable housings for the last 25.
I've went out to some of these neighborhoods and they told me those people don't they they rent there, they're paying $1,500.
Guess what?
That's fraud.
People are taking advantage of this system that we're trying to get crammed down our throat, and he's telling me he's against the pilot program.
This is just going getting worse and worse by the minute.
Because now you're gonna have more affordable housings, they're all gonna jump in there, buy them, they're gonna be cheap.
And guess what's gonna happen after two or three years?
They get a promotion at work, they want to buy a house, they're considered starter homes, okay?
But they don't sell them because they can turn around and rent these things out for $1,500, $2,000, $2,500.
I know you can't rent out affordable housing.
Is there's a big scam that's going on here, and all we're doing is just ignoring all of that.
There is a historical problem.
There is you should you should really go to the prosecutor's office if you know somebody scamming an affordable housing unit and renting it out to somebody you should probably call the prosecutor's office.
Council, I like to make a comment.
Yeah, obviously, we've heard a lot of discussion about this, and obviously there's a lot of negotiating that went along before this was put into an ordinance form.
We heard how it was being challenged, more negotiations went on.
So this is something that has been agreed upon, number one.
Secondly, is concerning the apartments um downtown.
I'm still very opposed to that.
I hate going up into the city and watching the this multiple story buildings along the waterway that could be used to make something really impressive for Tom's River.
I I just I just can't imagine people want some kind of monstrosity along the water when they have a chance to really make the waterfront really really attractive.
We don't have that much waterfront to begin with.
So let's not give it away.
That's my opinion.
Okay, thank you, Councilman.
Okay, anyone else?
No, no.
Councilwoman Old Tool, do you have a comment or no?
No comment.
Okay, thank you.
All right, uh would someone like to make a motion on number seven, please?
Motion to approve.
I'll second motion to approve item seven was made by councilman Coleman, seconded by councilman Aber.
Councilman Coleman.
Yes, Councilman Aber.
Yes.
Councilman Bradley.
No, because listen, I'm not gonna have this town get any more destroyed than it already is.
Uh it's it's just not right to jam more and more and more down people's throats over there.
It's hard enough to park in there.
It's it's just not conducive to do the plan in this way.
Plus, if the appellate court said no, pretty sure that's higher than the superior court, so we should be following their order.
So no.
Councilman Biancini.
I was on a zoning board.
I voted no.
I was on a council.
The last meeting, I voted no, and I'm gonna be consistent.
I'm voting no.
Plain and simple.
That we use us, Councilwoman O'Toole.
Um Council Vice President Iveson.
No.
Council President Sickozy.
So this is in my ward ward four, and a couple months back.
I I voted yes for this.
I didn't like it.
And um I didn't have all the information back then.
And um and like and like number six, number seven is a hundred percent on the mayor's.
He negotiated this.
I didn't know about it.
I wasn't brought in on it.
So I'm changing my vote from yes to no on on this for all the following reasons.
The zoning board, the uh the lawsuits, the the judges upholding the zoning board for the township.
I would just like river.
Uh so I vote no.
Council council president.
I would just like to make a brief comment to explain to you how I would proceed.
Uh if you purposely throw these units away to try and force the tower project, I will veto everything that is on tonight, and we will start again with one ordinance for everything.
So you negotiated a package.
I met with your developer friends last night for hours in this package.
Pardon me right.
Either you're gonna pass it as one package, or it'll all be vetoed and we'll come back next time.
So it's your call how you want to proceed, but you I am perfectly okay.
We don't like to be threatened.
Okay, so that's fine, but I am not, I'm not gonna allow you to bring the towers back.
It's your call what you do.
Okay, if you want to take another shot at it for a vote, that's fine, but otherwise it's all getting vetoed.
We might as well just adjourn.
Okay, thank you.
Council oh, and and mayor, council.
You're a guest here at this meeting.
No, I'm not, I'm a statutory participant.
And I know I know there are people who tell you that.
I'm a statutory participant.
I know you're like a win a guess.
I'm a statutory participant.
Right now, if you choose, I'm a statutory participant and I'm not leaving.
Council President Council President, may I be heard on one item?
Pardon?
May I be heard on one item just to provide just some comment just on the Jamestown just for your consideration?
It's over.
I we already voted.
I just the reason.
Okay, everything else will be beat up.
I would I would like to at least make this one note for your consideration.
It feels like you know, I represent this entire township.
I do feel like it's necessary.
I would love to meet in second session.
Only if you speak up, okay.
How about how about a recess?
You like that recession?
Just identify was that there is a settlement agreement that has been approved by this council and the court in providing for this very settlement.
Part of that is it's it isn't it is required to carry out the overlay zoning.
And the risk if you don't carry out the overlay zoning, is that this challenger gets to go to the court and say, hey, this is an easy decision.
The township didn't do what it needed to do, and that's there anyway.
Immediately in the position of challenging a plan that they have been approved to be part of.
So I just want to say that this is a substantial decision being made.
Um maybe we should there was a settlement agreement that provided for this.
Okay, we know that we appreciate your statement, but the vote has already done that.
Would you like to take a recess?
No, no, no, no.
Okay.
No, your friends in the audience that want the towers are yelling no, but you may want to take a recess.
You're you're not recognized, and you're out of turn, please.
Okay.
All right, we're gonna move on.
Um Mr.
Clerk to number eight, the first reading.
Item number eight is a first reading.
Yeah, sorry.
It's a first reading ordinance implementing a portion of the township's fourth round affordable housing compliance plan by one adopting an affordable housing overlay zone for property located at block 171 lot 22, 1970 Lakewood Road.
Two authorizing the development of the township owned property located at block 171 lot 22, 1970 Lakewood Road by negotiated agreement for a 100% affordable housing project, and three authorizing the development of a township owned property located at block 171, lots 23 and 42, 1976 and 1980 Lakewood Road by negotiated agreement for a 100% affordable housing project and further granting consent for the establishment of a cemetery on the property known as block 145 lot 6.01 on the township tax map, commonly known as 100 Honey Locust Drive.
This is a first reading, so no public comment is required.
Well, um I'm gonna allow public comment on on this.
So if there's anyone here that has uh a comment about number eight, please come forward and uh just make a uh a brief comment if you can, or if you have a question on it.
So please come forward if there's anybody.
Mike Messina, I live in Tom's River.
Just curious, the honey locusts development, whatever that is.
That's part of the plan that's being submitted to Judge Gertner, I'm assuming at some point to know this is for cemeteries.
This is for a cemetery.
All right, so they're putting a cemetery across the way from the other cemetery on the honey locust because possibly that's all it is, just the cemetery.
No, no housing.
No house.
Answer, thank you.
You're welcome, table.
All right, is there anyone else?
No, no, so uh, I need a motion to close uh public comment, please.
Motion to close public comment.
Second roll call, please.
Motion to close public comment was made by councilman Nivison and I believe Councilman Bradley Close public comment, Councilman Iverson.
Yes, Councilman Bradley, yes, uh Councilman Biancini, yes, uh Councilman Coleman, yes, Councilman Abor?
Yes, Councilwoman O'Toole, yeah, and Council President Sickozi?
Yes.
So when I saw this the other day, number eight, and it it just struck me strange that all three items were looped in into one ordinance.
Uh it just uh popped out at me, and and I think each individual one should be separate on this.
So um, I don't know why it's it's looped in, and we just got the we just got eight, nine, and ten this evening, uh, right before it's six o'clock, yes, along with these papers, and and all the fine print on six, seven, eight, nine, and ten.
So it's a lot of information on this, and we're supposed to decide uh as we go whether to vote yes or no on this.
So um is gonna make a motion.
And if so it it's up to the council here.
Uh, if if you have any comments or any ideas, uh just say your piece right now.
Harry, did you read this?
Did you get a chance to read all this?
I went through it.
You did?
Yes.
How's that possible?
We just got it.
I just got it right before the meeting.
So can you give us uh another announcement?
Listen, you you all know you all know you're out of terms, all right?
Right, so you I'm gonna ask you.
This is like you guys are like the like the liberal media.
My god, nobody can speak except for yourselves.
Spew lies and so uh uh again, Dave.
You you were involved in every bit of this the entire plan from the beginning to the end, and everyone will have access to all the legal documents between first and second reading, although we're gonna probably have to restructure everything again into one ordinance, so you'll get to read it that way.
Uh like I said, at this point, uh, if we're not passing all of this, we're doing it over again.
So, you know, you could stay here all night if you like, but I will not allow you to force to be part of the process.
I will not allow you to force the towers.
I will not forcing any I will not allow you.
We're not letting you force all you will miss.
We will not allow it.
We're not allowing you not allowed on the telephone.
You're I will not allow it.
So I will not allow it.
All right, I will not allow it.
You've had you've had access to this from the very beginning, and if you think that you're gonna force those powers on the community, it's not happening.
How many buildings blown downtown, Dave?
Okay, which one?
Number eight, I'll second the motion.
Okay.
Did you hear that?
I heard the second from Councilman Nivus, and I didn't hear the first.
Councilman Bradley made the motion to table.
And eight, nine, and ten.
And good.
And table it.
Councilman Vice Chair Nivison seconded.
Table it all.
So councilman Bradley made a motion to table items number eight, nine, and ten.
We'll come back after the judge tells us what to do.
Good.
Perfect.
Perfect.
I'll be there.
Um councilman Bradley to table eight, nine, and ten.
Yes.
Uh Councilman Nivison.
Yes.
Councilman Bianchini.
Yes.
Uh, let's see.
Councilman Coleman.
No, only because I'm concerned about the repercussions.
Oh, God, repercussion.
Councilman Aber.
No.
Councilwoman O'Toole to table eight, nine, and ten.
Table.
Absolutely not.
And Council President Sickozy.
Okay.
Before I vote.
I only find found out about part of this Monday afternoon.
Okay, Monday afternoon.
I didn't hear anything yesterday, but this morning I started to hear bits and pieces that the mayor's plan was also blowing up.
Okay.
Um I don't want to talk too much about it, but we had a builder, another builder that came on board, highly respected, a good man that has developed beautiful properties and buildings in Tom's River, and he presented a plan for his 10 acres of property, private property.
For some reason or whatever.
The last minute.
Okay.
Okay.
No, I want I want people to understand.
So within 24 hours, another piece of township property, another 10 acres, was going to be used for affordable housing.
Another it's for a total of 20 acres for free land.
Okay.
When the mayor talks about downtown, the two six-story towers, it's not 10 stories in his letters or whatever.
He never mentioned that it was part of the redevelopment plan.
20 years in the making for downtown Toms River.
He never mentioned that affordable housing was part of that.
He never mentioned that they were doing the boardwalk, the amphitheater uh storefronts there.
He never mentioned that the town was getting 5.6 million dollars in grants for improvements with the street with the flooding, that the parkway entrance and whatever.
And the previous administration bought the motel for like 3.2 million dollars.
Okay.
And gave it away.
Mayor, please, please.
Okay.
Keep talking.
But that builder was giving so much back to the town in other ways that on this township property.
We don't even have an appraisal for the um the 10 acres each.
What the dollar value is to the town.
That's number one.
Then they're not doing anything for the town.
We're not getting anything back to that.
So and there's going to be like 55 acres left of open space.
And so I'm thinking out of the box, okay.
Let's go back to the drawing board and and let's work this out and do something with that office space downtown, and and let's get this done.
But you can't arbitrarily do it on your own.
You have to get us involved in with this.
And yes, there's going to be a lot of screaming and yelling, and we're going to go back and forth.
And maybe we can't come to some kind of agreement.
All right.
We're not going to be happy, and you're not going to be able to do that.
Am I going to have an opportunity to speak?
Yeah, but mayor, you gotta bring us on board for this.
And working on the phone.
I appreciate that.
So I'm uh you're not gonna let me speak.
I I'm voting uh yes to table it.
Okay, so what I would like to address right now is this repeated statement that you're not involved.
Anyone in the public that would like to Oprah the call record, the text log or the email log will see that these people have been text literally dozens of mayor.
I don't have my computer or my uh you don't have your computer, I don't have the telephone that was taken away from me.
I thought you made the order.
So I thought you thought you recognized.
I thought you recognized.
I haven't had my computer or three.
I thought you recognize I call you on your personal line.
And what?
I don't answer, right?
I never answer you exactly.
Thank you.
Thank you for sharing that, Dave.
Right.
You folks never answer.
Right.
You never answer, and then you go new corner, and you come here and say I don't include you.
You're right, you never answer.
Right.
And it is shameful, and it is a dereliction of your duty.
And you are selling out our town for years.
Hello, years.
Yeah, yeah.
Ten years on the planning board selling out this town, and now you're trying to force the cars on us, and you just admitted this entire room and to the camera that you don't answer any calls because you call me the answer.
And requested it does like dozens upon dozens of calls, phone calls, emails, and text messages.
Move on, please.
Let them yell.
We'll send it to the press.
Thank you for tabling everything.
Good night.
Okay, I go ahead.
I got the telling me that.
I just I would just like to say one thing.
The worst thing that ever happened to Tom River, Tom's River has spoken.
You're shaking right, your hand shaking like a leaf because you know your neighbors don't agree with you.
I would know that you're not gonna even shop at your farm anymore.
Can I see it?
Can I see a hand?
Yeah, worst thing that ever happened to Tom River.
Come on.
Yeah, don't be afraid.
I would not afraid.
I would respectfully ask if the mayor could stay for public comment.
Oh no, is that possible?
No, I'm done.
There's no reason to stay here anymore.
Everything's gonna dress.
And I'm not calling you either.
I would yeah, you won't call.
You won't call back.
You have my phone.
Call me.
Stop being a political house.
Pick up the phone.
Apparently, pick up the phone.
I have the phone.
You don't public comment.
It's public comment.
He has a phone.
I have a qu you're on your way out.
You haven't voted for public comment yet.
Yes, we have.
You're incompetent.
You haven't done it yet.
You need to move to public comment.
Like public comment.
I don't have to vote on it.
I I have two questions.
First off, there is a plan in place now, I would presume since the
Toms River Township Council Special Meeting - July 29, 2026
The Toms River Township Council convened a special meeting on July 29, 2026, to consider three ordinances related to the township's fourth-round affordable housing compliance plan. The meeting featured extensive public comment, heated exchanges between council members and the mayor over lack of council involvement, and votes that highlighted deep divisions. Key outcomes included approval of a PILOT extension for Highland Plaza, failure of a zoning amendment for Jamestown Village, and tabling of a first-reading ordinance for Lakewood Road development.
Public Comments & Testimony
- Phil Brilliant (resident) questioned the 30-year PILOT extension for Highland Plaza, specifically the reduction of the service charge from 7.5% to 5% and the $3.2 million payment from the affordable housing trust fund. He also asked about the number of credits (110 units plus 55 bonus credits = 165 total). He expressed general support for using the trust fund as intended.
- Michael Messina (resident) asked whether the council was involved in negotiating these deals. Council members confirmed they were not, leading Messina to characterize the mayor as acting alone.
- Janet Lang (resident) noted that single-family homeowners also pay into the affordable housing trust fund when making renovations, contradicting the mayor's claim that only developers contribute.
- Julie Adamek (resident) opposed the Jamestown Village development, citing traffic congestion, high crime rates, a pedestrian fatality, and the prior denial by the zoning board and appellate court.
- Phil Brilliant (second appearance) questioned why the Jamestown Village ordinance was back after being rejected by the zoning board and upheld by the courts. He also raised concerns about the mayor's negotiations and the involvement of the Meridian downtown project. He expressed suspicion that the mayor was trying to force the downtown towers.
- Michael Messina (on item 8) clarified that the Honey Locust Drive property was solely for a cemetery, not housing.
Discussion Items
- Item 6: PILOT Extension for Highland Plaza Affordable Housing Development – Final reading. The ordinance extends the PILOT for 30 years (to 2064), reduces the service charge from 7.5% to 5% after 2034, and authorizes $3.2 million from the affordable housing trust fund. The mayor defended the deal as necessary to preserve 110 affordable units plus 55 bonus credits, funded by developer fees. Council President Sickozi stated the council was never consulted.
- Item 7: Jamestown Village Zoning Amendment – Final reading. The ordinance amends the EMF-23 zone to generate 42 affordable units. Public comment highlighted the prior zoning board denial and court affirmation. The mayor and planner argued the developer had filed as an objector and a settlement was necessary to avoid a builder’s remedy. Council members expressed frustration over lack of transparency and the impact on the neighborhood. after debate, the motion to approve failed.
- Item 8: First-Reading Ordinance for Lakewood Road and Cemetery – The ordinance combines three elements: an overlay zone for 1970 Lakewood Road, authorization for a 100% affordable housing project on township-owned properties, and consent for a cemetery. Council President Sickozi objected to bundling three items into one ordinance and noted the council received the documents only an hour before the meeting. A motion to table items 8, 9, and 10 was made and seconded.
Key Outcomes
- Item 6 (Highland Plaza PILOT extension): Motion to approve passed 7-0. Council President Sickozi voted yes but stated the ordinance was entirely the mayor's plan.
- Item 7 (Jamestown Village zoning amendment): Motion to approve failed by a vote of 2-5 (Coleman and Aber in favor; Bradley, Biancini, Nivison, Sickozi, and O'Toole opposed). The mayor then threatened to veto all ordinances if the package was not passed as a whole.
- Items 8, 9, and 10 (Lakewood Road and related ordinances): Motion to table passed 4-3 (Bradley, Nivison, Biancini, Sickozi in favor; Coleman, Aber, O'Toole opposed). The mayor stated he would restructure everything into one ordinance and potentially veto.
- The meeting adjourned without further action after the mayor left early.
Meeting Transcript
Okay. Um you ready? I'm ready if you have to do that. Okay. All right. We're gonna call the meeting uh to order, please. Um please please rise for the flag salute. I pledge the flag of the United States of America. And to the Republic for which it would be undervisible. Thank you. This special meeting is convened in accordance with 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 notices on the township website on July 20th, 2026, pursuant to PL two zero two five semi uh comma C 72, and then after posting same on the town hall bulletin board for such notices and filing same with the township clerk. Um first I want to say to everyone, thank you so much. We have a great turnout tonight for this special meeting. Another special meeting. How many special meetings has this administration had in the last two and a half years? Zoom calls, last minute decisions, ongoing turmoil, last minute notices, and and I'm sure this isn't gonna be the last one. So um just make sure your phones are on silent, and um if you must talk, please go out in the foyer and say a prayer for our town this evening, please. Thank you. Roll call, please. Councilman Bradley. Here, Councilman Biancini, here, Council Vice President Iveson. Here, Council President Sickozi here, Councilman Coleman. Here, Councilman Aber here, Councilwoman O'Toole. Here all right, listen. Um Councilwoman O'Toole, can can you hear me? It's uh David Seacosi, Council President. Okay. Um where are you right now? Excuse me. Where are you calling from right now? I am home. Are you home? Okay, are you using your house phone, a cell phone or the township phone? I am using my cell phone, thank you. Okay, is there anyone there with you? Because the the reason is I'm concerned, and there's some other uh council people here. Um, number one, we hope you're well, and um, but we're concerned that um you're continuing to phone in, but you you you have to go through the bylaws of council. Okay, you you have to reach out to me 24 hours beforehand, and you have to let me know that you're gonna be phone calling in. Go ahead, please. She reached out to administration, Dave. And everybody, we have to make a reasonable accommodation when somebody's an information. Mayor, uh you're not recognized yet. And you don't speak for her. No, I'm not speaking for her. I'm speaking for the administration. She reached out to the administration. So she's supposed to reach out. You have to now reasonable. You have to make it.
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