Ordinances Would Strip Toms River Council's Governing Role, Dissolve MUA

TOMS RIVER, NJ ? The Toms River Township Council is scheduled to consider several ordinances on Wednesday night that would change the way Toms River's government operates and would dissolve the Toms River Municipal Utilities Authority.

The ordinances are among 11 on the agenda for first readings at Wednesday's council meeting, which is set for 6 p.m. in the Hirshblond meeting room on the second floor at town hall, 33 Washington St.

The proposed ordinances come as the Toms River Township Council is set to move out of the control of Mayor Daniel Rodrick. Rodrick has had the support of a majority of the council since he took office on Jan. 1, 2024.

But a series of unpopular policies and actions by Rodrick have eroded support he had on the council and in the community. Councilman Tom Nivison, who was elected as part of Rodrick's council slate in 2023, has joined forces with Councilmen David Ciccozzi and Jim Quinlisk in vocally opposing many of Rodrick's actions.

His agenda has been routinely approved by the council. Council members Justin Lamb, Craig Coleman, and Lynn O'Toole have approved almost every ordinance and resolution presented by the Rodrick administration. George Lobman, who was appointed to Rodrick's Ward 2 seat and served for most of 2024, and William Byrne, who won election in November 2024 and was sworn in shortly after that election was certified, have provided the fourth vote.

But the June Republican primary, which came in the wake of Rodrick's proposal to take over the Christ Episcopal Church property by eminent domain, upended the council. Lamb and Byrne lost their re-election bids, while Ciccozzi held onto his seat. Quinlisk was unseated as well in the primary, by Rodrick candidate Harry Aber, but the loss of Lamb and Byrne leaves only Coleman, O'Toole and Aber supporting Rodrick.

When the new council members are sworn into office in January ? state law requires the reorganization meeting to be held within the first week of January ? Robert Bianchini and Clinton Bradley are expected to join with Nivison and Ciccozzi, changing the balance of power.

Because the proposed ordinances are on Wednesday's agenda for first readings, detailed information about what they contain was not publicly available Tuesday. By law the information must be made available if the ordinances are approved on first readings.

Six proposed ordinances target the way the township government operates.

The ordinance marked No. 11 on the agenda would repeal Section 16 under Chapter 5 of the township's ordinances. Doing so would eliminate the council's role of approving mayoral appointments. Under the township's ordinances, the council has the power of advice and consent, meaning the council must approve the mayor's appointments for department heads and other positions of authority within the township government.

The ordinance marked No. 10 would amend Chapter 5, Section 8A titled Agenda "to establish additional policies and procedures pertaining to council meeting agendas." The current ordinance gives the power to approve the agenda to the council president (or by four members of the council) and requires the agenda for regularly scheduled meetings to be given to the council not later than the Friday before the meeting.

The ordinance marked No. 9 would amend Chapter 80 of the town's ordinances titled Claims Approval, "to revise the policies and procedures related to the approval of claims." What those changes might be is unclear. The current ordinance requires detailed billing statements from those seeking payment from the township, among other requirements.

The ordinance in No. 12 would make changes to Chapter 49, Section 4 titled Assistant Township Attorney, "to revise the policies and procedures related to the approval of new assistant township attorneys." That appointment must be approved by the Township Council under the existing ordinance.

The ordinance marked item No. 14. would amend Chapter 14 titled Office Of Municipal Clerk. It would eliminate one deputy municipal clerk's position, which the proposed ordinance says will align the township with state law. The proposed ordinance also would "modify the appointing authority of subordinate officers and employees," the agenda says. The current ordinance designates the authority to appoint the deputy municipal clerk a handful of clerical positions under the municipal clerk to the Township Council.

Also among the proposed ordinances pertaining to the operation of the township government, No. 17 on the agenda would amend Chapter 147 to establish salary ranges for confidential employees and also would amend Chapter 40, Section 5, to change the title of assistant township business administrator to chief of staff.

The ordinances addressing the Toms River MUA are marked No. 15 and 16 on the agenda. No. 15 would dissolve it and No. 16 would create a "wastewater collection services utility."

The proposed ordinance to dissolve the MUA appears to fly in the face of state law, however. Under New Jersey law, a municipality must have prior approval from the state Local Finance Board before it can dissolve a municipal utilities authority, according to a revision passed in 2024.

Part of obtaining that approval from the Local Finance Board, which is part of the state Department of Community Affairs, is showing that the municipality has made "adequate provision in accordance with a bond resolution or otherwise for the payment of all creditors or obligees of the authority and that adequate provision is made for the assumption of those services provided by the authority which are necessary for the health, safety and welfare of the recipients of those services," according to the law.

The Toms River MUA owed more than $8.5 million in outstanding bonds at the beginning of 2025, according to the MUA's 2025 budget.

Minutes and agendas for the Local Finance Board do not show any reference to Toms River or the Toms River MUA in the last five months.

The other ordinances on the agenda for first readings are as follows:

• Authorizing a 10-year lease agreement between the township and the Toms River Soccer Association (now known as Toms River Futball Club) for the field space at Bey Lea Park, with an option to renew for 10 years at the end of the lease;
• Reducing the speed limit to 25 mph on Adams Avenue between Vaughn Avenue and Buoy Place;
• Authorizing the acquisition of the Boatworks property at 1 Robbins Parkway by purchase or eminent domain. The township had been under contract to purchase the property previously; in November 2024 the council approved spending $1.85 million to buy the property.