'You are a complete sell-out!': Toms River mayor hollers at one-time ally, storms out

TOMS RIVER - A divided Township Council adopted a 2024 township budget with no increase in the tax rate Wednesday night, but an already contentious session was marred when Mayor Daniel Rodrick sparred with Councilman Thomas Nivison, calling the councilman "a complete sell-out" before Rodrick abruptly left the meeting.

Both the mayor and Business Administrator Jon Salonis left following the exchange with Nivison, who had questioned the qualifications and potential conflicts of lawyer Donald F. Burke, who was hired to represent Toms River in ongoing litigation regarding the former Ciba-Geigy Corp. Superfund site.

The council agreed to hire Burke for up to $50,000 to represent Toms River, which has appealed the state's settlement with BASF, owner of the Ciba property off Route 37 and Oak Ridge Parkway. Rodrick said that while Burke does not have experience litigating natural resource damage cases, he is an experienced attorney who has successfully argued many cases before the state Supreme Court and the Appellate Division.

"We decided not to use in-house counsel but to get a good litigator," Rodrick said in response to questions raised by Nivison.

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Assistant Township Attorney Peter Pascarella said two firms had responded to a request for proposals to represent the township, and Burke's firm was selected.

Nivison noted that Burke is currently in court "fighting Save Barnegat Bay" in another case unrelated to the BASF suit. Toms River has partnered with Save Barnegat Bay to fight the settlement, which will set aside 1,000 acres of land for preservation, but allow BASF to develop 250 acres of the Ciba site.

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"Seems like the fox guarding the hen house to me," Nivison said. He then made an unsuccessful motion to table the resolution to hire Burke's firm, which failed by a 4 to 3 margin. The council then voted to hire Burke by a 5 to 2 margin, with Nivison and Councilman James Quinlisk voting no.

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Burke was also the lawyer who recently represented Council Vice President Lynn O'Toole and Bill Byrne, who is seeking the Ward 2 council seat in the June 4 primary, when Byrne's opponent, former Councilman Kevin M. Geoghegan, attempted to have Byrne thrown of the ballot.

Geoghegan unsuccessfully argued that Byrne waited too long to switch his party affiliation from Democrat to Republican (he switched parties on March 8), and that O'Toole, who notarized Byrne's candidate petition, was conflicted because she supports his run for office.

"To put that in the hands of someone who has never litigated this type of case, they are going to get run over," Quinlisk said of Burke.

"Even engaging some of you is a waste of time at this point," the mayor responded. "Your entire purpose is to distract and create chaos at the meeting."

When Nivison voted against hiring Burke, Rodrick yelled at the councilman, one of his three 2023 running mates. "You are a complete sell-out!" Rodrick said.

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"I told you from Day 1 that I am not a 'yes' man," Nivison responded. Rodrick then got up and left the meeting, followed by Salonis. Audience members loudly applauded the mayor's departure, as did Nivison and Quinlisk, on the dais.

Before the dispute with Nivison, the council adopted a $142.7 million budget that will maintain the municipal tax rate at 43 cents per $100 of assessed property value. It marks the fourth straight year with no municipal purposes tax increase, and Salonis said 2024 was made more difficult by the loss of more than $3 million in funding from federal American Rescue Plan money, which ran out this year.

"We are keeping taxes flat while raising roads, improving and constructing parks, and streamlining services at town hall," Salonis said. Among this year's plans are the purchase of the old boat works property on Robbins Parkway, where Rodrick would like to see a pier constructed, possibly with a restaurant and bar. The township is also planning an ambitious road elevation program, to complete raising flood-prone roadways by the end of Rodrick's term in 2027.

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Rodrick also anticipates saving $2 million in health insurance costs next year after the council agreed to switching insurance brokers early in his term. Some budget items have risen: law department salaries are up, to $450,000 from $234,600; while legal services and costs are anticipated to be $900,000, up from $600,000. Another $300,000 has been set aside for "labor negotiations."

Salaries and wages in the code enforcement department have dropped to $540,250 from $1,195,000 after the township repealed a controversial continuing certificate of occupancy ordinance in January, and the administration eliminated the jobs of eight code enforcement officers who had been hired to help do inspections related to the measure.

Dozens of former township employees have either left their jobs, retired or been laid off since the mayor took office.

The township also plans to pay off more than $10 million in bonded debt this year. Toms River was forced to hire an outside firm to complete the budget after Chief Financial Officer Judith Tutela resigned in February. Business Administrator Salonis is acting CFO.

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"After reviewing the budget in its entirety, it’s the most responsible one i’ve seen," Councilman Justin Lamb said. He said the budget over the last two years was "being propped up" by federal American Rescue Plan funds, and noted that there are contracted salary increases in the spending plan.

"We had a very large tax increase about 2½ years ago," said O'Toole, referring to a revaluation that raised taxes for many older adults in Toms River's retirement communities. "It damn near destroyed a lot of the fixed income people. … That really hit the seniors in Toms River hard. … When there is no tax increase, I'm in, and I vote 'yes.' "

Councilman David Ciccozzi called the budget "voodoo economics" before he voted against it, questioning everything from a $1.7 million increase in anticipated interest on investments, to a $645,000 raise in the information technology department.

"I don't know what you are talking about," Rodrick said. "You are kinda incoherent when you speak." He said Ciccozzi could have questioned him about the spending plan since it was introduced in late April, but never did.

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Nivison abstained on the budget, expressing frustration that there had not been a meeting to discuss its details. He said he would have been willing to pay more in taxes to fund the animal shelter, which Rodrick's administration plans to lease to Ocean County.

Quinlisk, who voted against the budget, called it "a farce." The budget was adopted by a 4 to 2 vote, with Nivison abstaining.

Jean Mikle covers Toms River, Seaside Heights, and several other Ocean County towns. She's also passionate about the Shore's storied music scene. Contact her: @jeanmikle, jmikle@gannettnj.com.

This article originally appeared on Asbury Park Press: Mayor yells at ally as Toms River approves budget with no tax hike