Daniel T. Rodrick Plaintiff, Pro Se 1400 Sequoia Circle, Toms river, NJ - 08753 732-581-8398 DANIEL T, RODRICK, + SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: OCEAN COUNTY Plaintife, r * Docket No. OcN-L- vs. 2 Governing Body, & Mayor, Township of Toms River, CIVIL actron ‘Maurice Hill, Maria Maruca, Kevin Geoghegan, Joshua Kopp, Mathew Lotano, Terrance Turnbach, Laurie Huryk, and Gregory P. MeGuckin & Lawirm Dasti, Murphy, MeGuckin, Ulaky, Koutsouris & Connors PC. Defendants. VERIFIED COMPLAINT IN LIEU OF PREROGATIVE WRITS AND FOR DECLARATORY JUDGMENT Plaintif, Daniel T. Rodrick, for his verified complaint against the defendants, Governing Body, Mayor, Township Council of the Township of Toms River and Gregory P. McGuckin states as follows: PARTIES 1. Atall relevant times, the Plaintiff Daniel T. Rodrick is a resident, citizen and taxpayer of {he Township of Toms River and as such has standing to bring this action, 2. The plaintif, Daniel T. Rodrick has been and is Presently an elected member of the Toms River Township Council 3. The defendant Governing Body & Mayor, Township of Toms River is a municipal entity the eaung governmental authority pursuant to state law over the municipality known oe the Township of Toms River. 4. The defendant Governing Body, Township of Toms River consists of a Mayor and Township Council, with the Mayor having the authority to make appointments to Township offices/positions subject to the approval and consent of the majority of the Township Council and subject to the procedures and limitations as established by state law and Township Ordinances.10. 11. 12. 13. The defendant Gregory P. McGuckin is an attorney at-law licensed in the State of New Jersey, and at all mes was, and is a principal and member of lave firm Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors with offices in Forked River and other locations throughout New Jersey. Defendant Gregory P. McGuckin at all relevant times was and is an elected Assemblyman in the N.J. State Assembly; representing the Tenth District that includes the Township of Toms River. Defendant Maurice B, Hill has been and is presently the Mayor of the Toms River Township Council Defendant Maria Maruca has been and is presently an elected member of the Toms River Township Council and is currently serving as Counci! President. Defendant Kevin Geoghegan has been and is Presently an elected member of the Toms River Township Council and is currently serving as Council Vice President, Defendant Joshua Kopp has been and is Presently an elected member of the Toms River Township Council Defendant Mathew Lotano has been and is Presently an elected member of the Toms River Township Council,2. Among other things, Chapter 84 prohibits the township from entering into a contract with any business entity, if during the preceding one-year period, that entity made a “contribution that is reportable” to “any candidate committee or any person serving in an lective public office” when the contract is awarded, unless the contract ie “awarded Pursuant to @ fair and open process". See Township Code, Chapter 84-3 DASTI MURPHY & MCGUKIN DONATE Tt "1 GOVE! 300} 3. According to R1 flings to the New Jersey Election Law Enforcement Commission, the Lawfirm of Dasti, Murphy and McGuckin, of which defendant Gregory P. MeGuckin is a Principalimember, made reportable” contributions in October of 2019 to the campaign Accounts of the following elected Township officials: Mayor Maurice Hill: $1950.00 Councilman Kevin Geoghegan: $1650.00 Councilman Joshua Kopp: $1650.00 Councilman Mathew Lotano $1650.00 aogn These Rt filings are attached hereto as Exhibits, “At, A2, A3 & Ad”, MCSUCKIN WRITES ORDINANCE TO CREATE A CONTRACTED POSITION FOR HIMSELE 4. On March 4, 2020, Assemblyman Gregory P. McGuckin sent a letter to Council President, Maria Maruca, on his company letterhead “Dasti, Murphy, McGuckin, Ulaky, Koutsouris,& Connors” with an enclosed draft ordinance that would “re-establish the township Department of Law” and further establish the position of ‘Director of the Department of Law’. A true and correct copy of ths letter as found on file in the ‘Township of Toms River, and is attached hereto as Exhibit “B”, 6. Prior to the Council's March 24th meeting, on or about Friday, March 20th of 2020, a Copy ofthe ordinance was distributed electronically to members of council for review in the computer database known as Citrix. The ordinance had the company name and address of Dasti, Murphy, MeGuckin, Ulaky, Doutsouris, & Connors on all of its pages. A Copy of the ordinance as presented to members of council is attached hereto as Exhibit10. 1. 12. 13, Exhibits, B, C and D clearly demonstrate that Gregory P. McGuckin wrote the ordinance establishing the “Director of Law’ position. A contracted post McGuckin would come to fil, :RNI q PTS Mi [ On April 14, 2020, the Township Governing Body adopted the Ordinance, which “Re-established a Department of Law”; and further established the position of "Director of the Department of Law". The ordinance identifies and provides the function of the "Director" as Township Attorney and provides for the duties and functions of that office. ‘The Ordinance further provides that the Attomey engaged as the "Director" shall not be a Township employee but shall be engaged pursuant to an annual contract for professional services, See Exhibit D, page 1 -TO-t jow't B At the May 12, 2020 Township Council meeting, the defendant, Governing Body, had on its agenda a proposed Resolution to appoint defendant, Gregory P. MeGuckin to the newly established office/position of "Director of the Toms River Township Department of Law", During the Council Meeting on May 12, 2020, Township Attorney Ken Fitzsimmons did ‘admit that the Township did not go out to bid for this new professional service contract when he responded to questions from resident Art Anderson who asked, “As per consent agenda Resolution G. Did this go out to bid? If not, how was the firm chosen for this resolution? Is there an escrow or cap this firm can charge per year?” Mr. Fitzsimmons replied, “no, no to each” See Exhibit “E”, May 12, 2020 meeting transcript, between timestamps 01:03:38.600 thru 01:04:08.060, page 31. Mr. Anderson then asked, “why didn't it go out to bid?” Mr. Fitzsimmons replied, “It's a Professional Service Contract. It doesn't have to be bid.” See Exhibit “E” between timestamps 01:08:40,340 and 01:09:02.990 on page 33 Upon this Resolution being moved for a vote, plaintiff Rodrick as a Councilmember inquired whether the proposed appointment was legal as in compliance with Pay-to-Play Code and in compliance with the requirements as to a municipality contracting for Professional legal services. Plaintiff Rodrick asked Mr. Fitzsimmons, “Is it a violation of our pay to play ordinance?” Mr. Fitzsimmons replied, “I myself, did not research it’. See Exhibit “E”, also between timestamps 01:09:08.810 and 01:09:16.110 on page 33 13 Despite those issues being either unknown or inaccurate, as to legality being, the Governing body adopted a Resolution on May 12, 2020 appointing the defendantMcGuckin of the firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors as the “Director of the Toms River Township Department of Law’ 4. As noted earlier, by reason of the contributions enumerated above by that law firm, the defendant McGuckin could not be contracted with or engaged by the defendant, Township Governing Body, except through a “fair and open process” . as defined under NJ.S.A. 19:44A-1 et seq. and Township Code Section 84-9. 18. In particular, Code Section 84-9 requires that “requests for proposals" for such township Position/contract be publicly noticed and sent to two newspapers, that the notice include the particulars ofthe position, the threshold qualification criteria, and selection criteria, The submission is also to require details as:to the identity and experience of the individual to perform the work and cost details as to the hourly rate and time estimates to Perform the work, including historical casts for similar services for comparable pubic entities. 16. By Resolution adopted on October 22, 2019, the defendant, Governing Body of Toms River, did authorized the solicitation of proposals from persons/entities for certain Fostions oF services, including contracts for legal services, for the year 2020 as per a “alr and open process” under N.J.S.A.19:44/4-20.1 and Code Chapter 84, That resolution is attached hereto as Exhibit “F”, 17. That solicitation sought responses/proposals for several legal services positions, such as Municipal Prosecutor, Public Defender, Bond Counsel, Environmental Counsel, General ‘egal and Iigation services, Planning Board Attomey, etc. The solicitation/Resolution aid Not seek responses/proposals for the position/office of Director of Law andlor Township Attorney as the "Director of Law Position” was not yet established. See Exhibit F 18, The defendant MeGuckin and his law firm on or about November 22, 2019 submitted a Response/proposal for General Legal and Litigation Services Counsel, but no Submission was made by defendant McGuckin or his firm, oF any other attomey or law firm, for the position of Director of Department of Law or Township Attomey, 19. As a consequence ofthe position of Director of the Department of Law and for Township Attorney never having been advertised or subject to a “fair and open process" as per the Stale and Township Pay-to-Play requirements, the defendant McGuckin andior his taw firm could not be legally appointed to said office/position as was done by the May 12, 2020 Resolution. WHEREFORE, the plaintiff requests Judgment as follows; @ Volding the appointment of defendant, Gregory P. McGuckin, as Director of the Department of Law and/or Township Attorney.. Directing the return of any monies paid by defendant Township under such illegal appointment. & Disqualifying Gregory P. McGuckin and the Law firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris, & Connors from contracting with the Township of Toms River for a period of 4 years as per Section 84-8, “Violations of this chapter shall result in penalties as prescribed within N.J.S.A. 19:44A-20.10 and 19:44A-20.11" See also James Schroeder vs. Atlantic County Board of Freeholders ATL-L-2291-14 4. Declaring the defendants violated Pay to Play. © Such other sanctions or remedies as required by law or deemed appropriate and just. COUNT 2 ‘CONFLICTS OF INTEREST RENDER APPOINTMENT INVALID & VOID 20. Plaintif repeats the allegations of Paragraphs | through 19 of the First Count as set forth. 21. Upon information and belief, Toms River Council President Maria Maruca, Councilmember Terrance Tumbach and Councilmember Matthew Lotano have or have had relationships with defendant McGuckin and! or his law firm that would or should have precluded them from participation in the discussion andior voting on the Resolution/appointment of defendant McGuckin for the position of Director of the Department of Law and/or Township Attomey. 22. Council President Maria Maruca abstains from bills paid to the law firm of Dasti, Murphy & McGuckin, and should have recused herself, but did participate in the discussion on the dais. 28. Councilman Tumbach has a conflict with the law firm of Dasti, Murphy & McGuckin, and abstains from voting on bills paid to the firm. Defendant Turnbach should have recused himself on May 12, 2020, but still participated in the discussion, and prompted the Closure of debate on the resolution. See exhibit “E” timostamp 01:14:41,650 page 36. 24. Also on that discussion and adoption of the appointment Resolution, Councilman Lotano Participated in the discussion and defendant Lotano voted in “yes" on the appointment. 25. At the May 26th Council meeting, immediately following the May 12th appointment of Gregory P. McGuckin, Councilman Lotano abstained bil # 20-02069 paid to Dasti,Murphy and McGuckin. If conflicted with the firm, he should have abstained from voting on the resolution appointing Gregory MeGuckin as Director of Law. A copy of that bill ist is attached hereto as Exhibit “G”. See pages 16 & 17. 26. The participation andior voting of said Councilmembers having conflicts of interest renders the appointment of defendant McGuckin invalid and void. WHEREFORE, the plaintiff requests Judgment as follows; @. Voiding the appointment of defendant, Gregory P. MeGuckin, as Director of the Department of Law and/or Township Attorney. b. Directing the return of any monies paid by defendant Township under such illegal appointment. ©. Disqualifying Gregory P. McGuckin and the Law firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris, & Connors from contracting with the Township of Toms River for a period of 4 years as per Section 84-8, “Violations of this chapter shall result in penalties as prescribed within N.J.S.A. 19:44A-20.10 and 19:44A-20.11" See also James Schroeder vs. Atlantic County Board of Freeholders ATL-L-2291-14 d. Declaring the defendants violated Pay to Play. ®. Such other sanctions or remedies as required by law or deemed appropriate and just. COUNT 3 LAND USE LAW IS KNOWINGLY VIOLATED 27. Plaintiff repeats the allegations of Count One and Count Two as set forth. 28. At the time of the defendant MeGuckin's appointment as Director of the Department of Law and/or Township Attorney, the defendant McGuckin was serving the Township as Planning Board Attorney and Zoning Board of Adjustment Attomey. 29. During the May 12, 2020 meeting, Councilman Rodrick brought this to the attention of the governing body, township attorney Ken Fitzsimmons, and business administrator Don Guardian and asked if McGuckin had resigned from those positions. “Mr. Guardian, has the assemblymen tendered his resignation at the planning or zoning board?" See Exhibit “E”, timestamp 01:11:46.080, page 34. Business Administrator Don Guardian replied, “not to the best of my knowledge.” See Exhibit “E”, timestamp 01:12:06.740, page 34.30. During the May 12 meeting, Councilman Rodrick asked Township Attorney Ken Fitzsimmons to render a legal opinion as to whether Gregory P. McGuckin could serve as township attorney, while also serving as the attorney for the planning board and board of adjustment. Mr. Fitzsimmons rendered an opinion from the dais, “According to the municipal land use law. The planning board attorney, zoning board attorney could not be the municipal attorney.” See Exhibit “E” timestamp 01:12:38.550 page 34, 31. In total disregard of Township Attorney Ken Fitzsimmons legal opinion and with full knowledge that Gregory P. McGuckin had not resigned those other said positions, the ‘Township Governing Body approved the appointment of defendant McGuckin as Director of the Department of Law and/or Township Attomey. 32. As he cast his vote, Council Vice President Geoghegan said, “And on that vote, | vote yes. And if somebody feels that we're doing something illegal, improper again, I'l drive them to the prosecutor's office. Attorney general's office. Let's go.” See Exhibit E, timestamp [00:29:13.420] pages 12 & 13. 33. Pursuant to various opinions of the Advisory Committee on Professional Ethics, specifically Opinions 67, 91 and 117, an attorney can not serve as the Municipal Attorney at the same time as serving as Planning Board Attorney andlor Zoning Board Attorney. 34. Based upon those real or potential conflicts, the defendant McGuckin should have been disqualified from serving in these various positions/offices. WHEREFORE, the plaintiff requests Judgment as follows; a. Voiding the appointment of defendant, Gregory P. McGuckin, as Director of the Department of Law and/or Township Attorney. b. Directing the return of any monies paid by defendant Township under such illegal appointment. ¢. Disqualifying Gregory P. MeGuckin and the Law firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris, & Connors from contracting with the Township of Toms River for a period of 4 years as per Section 84-8, ‘Violations of this chapter shall result in penalties as prescribed within N.J.S.A. 19:44A-20.10 and 19:44A-20.11" See also James Schroeder vs. Atlantic County Board of Freeholders ATL-L-2291-14 d. Declaring the defendants violated Pay to Play.e. Such other sanctions or remedies as required by law or deemed appropriate and just. ‘COUNT FOUR THE RESOLUTION OF APPOINTMENT IS DEFICIENT & IMPROPER 34. Plaintiff repeats and realleges the allegations of, Count One, Count Two and Count Three as if set forth. 35. Pursuant to the Ordinance establishing the Toms's River Department of Law and the Position/office of Director of the Department of Law, the position/office shall be appointed and compensated by an "annual contract to be approved by the Township Council". 36. As such, the appointment and the contract for professional services as Director and/or ‘Township Attorney can only be established and awarded as per N.J.S.A. 40aill- 5(1) (a) (i) in accord with those requirements. 37. In particular, the Resolution approving stated appointment/contract for professional services must include and detail the "supporting reasons" for the appointment/action, the “nature, duration, service, and amount of the contract" or the best estimate of the amount to be expended in the current year for the services being contracted, along with a Certification as to the funds being available to fund the contract costs. 38. The Resolution appointing defendant McGuckin as Director of the Department of Law was defective and deficient as not in compliance with the requirements of N.J.S.A. 40a: IL-5 (1) (a) (i) or other applicable requirements. 39. The firm of Dasti, Murphy, McGuckin, Ulaky,Koutsouris' & Connors, P.C. was appointed as one of thirteen law firms that could be engaged during 2020 for "general legal and litigation services" by a previous Resolution. 40. However, that earlier Resolution did not appoint defendant McGuckin individually to the office of Director of the Department of Law and/or Township Attorney and was not intended to, and did not, address or cover said office/position. 41. The proposed creation and appointment as to the position of Director of the Department of Law and/or Township Attorney as a non-employee professional services contract position was presented to the public as a “cost savings measure" that would result in substantial savings in legal costs to the Township. 42. However, as the Resolution failed to contain reference to any professional services contract with defendant McGuckin or any specificity or reference to the cost of suchservices, there was no proper information to inform the public as to those important issues or to limit the costs to be incurred. 43. As the Resolution appointing the defendant McGuckin was deficient and improper as per N.J.S.A. 40a:IF-5 and other relevant provisions, the appointment is void. WHEREFORE, the plaintiff requests Judgment as follows; a. Voiding the appointment of defendant, Gregory P. McGuckin, as Director of the Department of Law and/or Township Attorney. b. Directing the return of any monies paid by defendant Township under such illegal appointment. ¢. Disqualifying Gregory P. McGuckin and the Law firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris, & Connors from contracting with the Township of Toms River for a period of 4 years as per Section 84-8, “Violations of this chapter shall result in penalties as prescribed within N.J.S.A. 19:44A-20.10 and 19:44A-20.11" See also James Schroeder vs. Atlantic County Board of Freeholders ATL-L-2291-14 4. Declaring the defendants violated Pay to Play. @. Such other sanctions or remedies as required by law or deemed appropriate and just. Daniel T. Rodrick Attomey Pro Se < Dated June 25th, 2020 10CERTIFICATION PURSUANT TO R. 4:5-1 Daniel T. Rodrick, hereby certifies as follows: 1. I am an attorney pro se, representing myself as the plaintiff herein. 2. To the best of my knowledge, information and belief, the matter in controversy is not the subject of any action pending in any other court, or of a pending arbitration proceeding, nor is it the subject of any other action or proceeding contemplated by the Plaintiff 3. -To the best of my knowledge, information and belief there are no other parties who should be joined herein. y I certify that the foregoing statements made by me aré true to the best of my knowledge and belief. I am awaré that if any of the foregoing statements made by me aré willfully false, I am subject to punishment. DP al Dated:VERIFICATION OF PLEADING DANIEL T. RODRICK hereby certifies as follows: Iam the Plaintiff named in the within matter. 2. T have read the foregoing Verified Complaint and know the contents thereof. 3. The allegations of the foregoing Verified Complaint are true to my personal knowledge except as to those allegations stated as being based upon information and belief. As to those matters stated as being based upon information and belief, I believe those allegations to be true. 4, Icertify that the foregoing statements made by md are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. i Dare: 5 OoExhibit A1REPORT OF CONTRIBUTIONS AND FORM R-1 EXPENDITURES. 1 REPORT FILE! NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION (2919-pre11) 11-DAY PRE ELECTION P.O, BOX 185, Trenton, NJ 08625-0185 Filed on (609) 282-8700 or Toll Free Within NJ 1-888-313-ELEC (3532) 11/25/2019 6:21:51 PM Web site: http:/iwwv.clec.ni.gov @ Amendment #2 CANDIDATE OR COMMITTEE NAME MO HILL FOR MAYOR STREET ADDRESS 52 HYRES STREET cITY STATE ZIP CODE TOMS RIVER NJ 08753 COUNTY ELECTION DISTRICT OR MUNICIPALITY OCEAN COUNTY TOMS RIVER (DOVER TWP) POLITICAL PARTY, IF ANY OFFICE SOUGHT REPUBLICAN MAYOR ELECTION DATE ELECTION TYPE 11/05/2019 GENERAL RECEIPTS AND EXPENDITURES SUMMARY OPENING BALANCE * $28,464.69] RECEIPTS «4 $13,671.10] EXPENDITURES. o $24,657.25] CLOSING BALANCE $17,478.53] * Funds Transferred From Prior Campaign if First Report Filed NET FINANCIAL SUMMARY CLOSING BALANCE $17,478.53} Debt Owed to Committee “ $0.00} Debt Owed by Committee © $3,400.00] Total Net Worth $14,078.53} "New Jrcoy Econ Law Enierooment Commision Electronic ling, Jnvary 2019 Page 1 of 11 FORM R-1TABLE |. RECEIPTS Column A Column B This Report — Cumulative- to-Date 1. Monetary Contributions, $300 or less $4,469.40 $22,583.80 7; Monetary Contributions (In Excess of $300 and all Currency Contributions) (Schedule $7,201.70 $87,241.40 3. In-kind contributions, $300 or less $0.00 $0.00 4. In-kind contributions, more than $300 (Schedule 2) - $0.00 $1,282.70 5. Dividends/interest (Schedule 3) $0.00 $0.00 8 Refunded Disbursements / Reimbursements to Committee (Schedule 4) $2,000.00 $2,000.00 7. Loans Received, $300 or less $0.00 $0.00 8 Loans Received, more than $300 and all Currency Loans (Schedule 5) $0.00 $3,400.00 9. Adjustments (Refund of Contributions) (Schedule 6) oO $0.00 $300.00 10. Total Receipts $13,671.10 $116,207.90 TABLE II. EXPENDITURES 1. Operating Disbursement (Schedule 8) $24,657.25 $107,024.51 1a, Other Expenditures (Schedule 9) $0.00 $0.00 Contributions (from the Committee) to: 2a. NJ Gubernatorial Candidates/Committees (Schedule 10) $0.00 $0.00 2b. NJ Legislative Candidates/Committees (Schedule 10) $0.00 $0.00 2c. All other Candidates/Committees (Schedule 10) $0.00 | $0.00 Expenditures Made on Behalf of | 3a. NJ Gubematorial Candidates/Commitiees (Schedule 11) $0.00 $0.00 3b, NJ Legislative Candidates/Committees (Schedule 11) $0.00 $0.00 3c. All other Candidates/Committees (Schedule 11) $0.00 $7,655.98 3d. Independent Expenditures (Schedule 11) $0.00 $0.00 '4. In-kind contributions, 300 or less (Table |, line 3 $0.00 $0.00 5. In-kind contributions, more than 300 (Table I line 4) $0.00 $1,282.70 6. Total Expenditures $24,657.25 $109,963.19 "Now Jerey Econ Law Ertercoment Common Elcronc Flag, Janvry 2019 Page 2 of 11 FORM R-4DEPOSITORY SUMMARY BANK ACCOUNT AND OTHER ASSETS INFORMATION Asset Name ‘Asset Type MO HILL FOR MAYOR Depository Bank Name Telephone Number TD BANK, NA. 7324730900 Address. 1101 HOOPER AVE., TOMS RIVER NJ 08753 ‘Account Number 75128 ‘Opening Balance Deposits Disbursements (Closing Balance $28,464.68 $13,671.10 $24,657.25) $17,478.53 Value of Asset at Purchase (if applicable) Maturity Date New Jrsey Eton Law Enforcement Coneissen Etc Fig, Janay 2019 Page 3 of 14 FORM RtAccount: MO HILL FOR MAYOR ****5128 SCHEDULE 1 - Monetary Contributi: Excess of nd all Currency Contribution: & Currency Contribution Contributor Name HUSOSKY, RYAN Employer Name HACKENSACK MERIDIAN HEALTH ‘Occupation Medical Professional (Not Physician) Contributor Address 244 TULIP LANE, FREEHOLD NJ 07728 Employer Address 1686 RT 88, BRICK NJ 08724 BENYOLA, ANTHONY Employer Name Occupation Retired Date Received “Amount ‘Aggregate Amount | Comments 10/08/2019 $110.00 $110.00 @ Currency Contribution Contributor Name Contributor Address ITALIANO, ADAM 8 CENTRAL AVE., TOMS RIVER NJ 08753 Employer Name Employer Address Occupation Rolirod Date Received ‘Amount ‘Aggregate Amount | Comments 10/17/2019 $200.00 $200.00 0 Currency Contribution Conitibutor Name Contributor Address 1353 MILLENNIUM CT., TOMS RIVER NJ 08753 Employer Address New Jersoy lection Law Enforcement Commission Econ Fina, danuary 2018 Date Received | Amount ‘Aggregate Amount | Comments 10/17/2019 | $100.00 $350.00 See See = — O Currency Contribution Contributor Name Contributor Address BERRY SAHRADNK KOTZAS & BENSON 212 HOOPER AVE., TOMS RIVER NJ 08754 Date Received ‘Amount Aggregate Amount Comments 10/17/2019 $300.00 $750.00 i Currency Contribution Conitibutor Name Contributor Address BERRY SAHRADNK KOTZAS & BENSON 212 HOOPER AVE., TOMS RIVER NJ 08754 Date Received Amount Aggregate Amount | Comments 10/08/2019 $300.00 $750.00 C Currency Contribution Contributor Name Contributor Address BRADY & KUNZ, P.C. 680 HOOPER AVE., BLDG C, 2ND FLOOR, TOMS RIVER NJ 08754 Date Received Amount Aggregate Amount Comments 10/17/2019 $300.00 $1,850.00. OO Currency Contribution Contributor Name Conitibutor Address Page 4 of 11 FORM R-1SCHEDULE 1- BRADY & KUNZ, P.C. ributions Excess of $34 ll Currency Contributions) 680 HOOPER AVE., BLDG C, 2ND FLOOR, TOMS RIVER NJ} 08754 Date Received Amount Aggregate Amount Comments 10/08/2019 $50.00 $1,850.00 O Currency Contribution Contributor Name Contributor Address DATSI, MURPHY & MCGUCKIN 620 WEST LACEY RD., FORKED RIVER NJ 08731 Date Received | Amount Aggregate Amount — Comments 10/17/2019 i $750.00 $1,950.00 1D Currency Contribution Contributor Name Contributor Address DATSI, MURPHY & MCGUCKIN 620 WEST LACEY RD., FORKED RIVER NJ 08731 Date Received Amount Aggregate Amount Comments 10/08/2019 $100.00 $1,950.00. 1 Currency Contribution Conitributor Name DEBIASSE, ROBERT Employer Name Contributor Address 257 SOUTH ST., TOMS RIVER NJ 08753 Employer Address DIFRANCESCO, BATEMAN, KUZMAN, DAVIS, LEHRER & FLAUM, P.C. TRMUA 340 W. WATER ST, TOMS RIVER NJ 08753 ‘Occupation Public Sector Date Received Amount Aggregate Amount | Comments 10/08/2019 $50.00 $1,650.00, O Currency Contribution Contributor Name Contributor Address: DIBIASSE, ROBERT 257 SOUTH ST., TOMS RIVER NJ 08753 Employer Name Employer Address TRMUA 340 W. WATER ST, TOMS RIVER Nu 08753, ‘Occupation Public Sector Date Received Amount ‘Aggregate Amount | Comments 10/17/2019 $100.00 $1,650.00 0 Currency Contribution Contributor Name Contributor Address 1 MOUNTAIN BLVD., WARREN NJ 07059 Date Received Amount Aggregate Amount Comments 10/17/2019 $1,100.00. $2,600.00. O Currency Contribution Contributor Name Contributor Address FRENCH & PARELLO 1800 RT. 34, SUITE 101, WALL NJ 07719 Date Received Amount Aggregate Amount | Comments 10/17/2019 $300.00 $1,800.00. Currency Contribution Contributor Name GLUCK, JOHN Employer Name Naw Jorsy Becton Law Enforcement Commision Ektrorc Fling. January 2089 Contributor Address 401 MONMOUTH AVE., PINE BEACH NJ 08741 Employer Address Page 5 of 11 FORM RtOccupation Retired Date Received Amount 10/08/2019 $100.00 Aggregate Amount | Gomments $400.00 O Currency Contribution Contributor Name GLUCK, JOHN Employer Name Occupation Retired Date Received ‘Amount 10/08/2019 $300.00 Contributor Address 401 MONMOUTH AVE., PINE BEACH NJ 08741_ Employer Address Aggregate Amount | Comments $400.00 Ci Currency Contribution Contributor Name GRAN TURK EQUIPMENT CO., INC. Date Received Amount 10/10/2019 $300.00 Contributor Address 1 SCHUYLKILL PARKWAY, BLDG B, BRIDGEPORT PA 19405 Aggregate Amount Comments $600.00 i Currency Contribution Contributor Name GRAZIANO, ANTHONY Employer Name ‘Occupation Retirad Date Received Amount 10/17/2019 $191.70, Contributor Address 4 CENTERBOARD DR., BAYVILLE NJ 08721 NU Employer Address Aggregate Amount | Comments $491.70 O Currency Contribution Contributor Name KELAHER, VAN DYKE & MORIARTY Date Received Amount 10/17/2019 | $500.00 O Currency Contribution Contributor Name MARUCA, MARIA Employer Name SELF EMPLOYED ‘Occupation Business Owner Date Received “Amount 40/17/2019 $200.00 Contributor Address. 680 HOOPER AVE., BLDG C., SUITE 203, TOMS RIVER NJ 08753 ‘Aggregate Amount | Comments $1,800.00 Contributor Address 2513 WATERS EDGE DR,, TOMS RIVER NJ 08753 Employer Address. Aggregate Amount | Comments $500.00] © Currency Contribution Conttibutor Name MASER CONSULTING P.A. Date Received ‘Amount 10/08/2019 $350.00 New Jers lection Law Enfercoment Commision Electronic Fina anuaty 2088 Contributor Address 331 NEWMAN SPRINGS RD., SUITE 203, RED BANK NJ 07701 Aggregate Amount Comments, $2,600.00. —— Page 6 of 11 FORM R-4SCHEDULE 1 - Monetary Contributions (In Excess of $300 and all Currency Contributions) © Currency Contribution Contributor Name NASHMY, RICHARD Employer Name RICHARD NASHMY DMC, LLC Oceupation Consultant Date Received | Amount ‘Aggregate Amount 10/17/2019 $500.00: $500.00 Contributor Address 1627 CAROLINE LANE, TOMS RIVER NJ 08755 Employer Address 1527 CAROLINE LANE, TOMS RIVER NJ 08755 ‘Comments. 1 Currency Contribution Contributor Name SOC R PAC Date Received “Amount ‘Aggregate Amount 10/17/2019 $600.00 $600.00 Contributor Address: 222 OAK AVE., SUITE 5, TOMS RIVER NJ 08753 ‘Comments i Currency Contribution Contributor Name Tam Date Received ‘Amount Aggregate Amount 10/17/2018 $300.00 $2,600.00. Contributor Address P.O. BOX 828, RED BANK NJ 07701 Comments Currency Contribution Contributor Name VALVANO, CHARLES Employer Name ‘Occupation Retired Date Received ‘Amount ‘Aggregate Amount 10/17/2019 $100.00 $600.00 New Jeray Election Law Enforcement Commision Electron Fling, envary 2048 Contributor Address: 3338 DEEP RIVER LN., TOMS RIVER NJ 08755 Employer Address ‘Comments GRAND TOTAL: Page 7 of 11 FORM R41SCHEDULE 4 - Refunded Disbursements / Reimbursements to Committee Account: MO HILL FOR MAYOR ****5128 Name PATCH MEDIA ‘Address P.O. BOX 28762, NEW YORK NY 10087 Date Received Amount ‘Comments 10/17/2019 2000.00, Stop put on check no 14929470, ‘Now Jrsay Becton Law Enforcement Commission Elcrnle Fling, January 2019 Page 8 of 11 FORM R-1SCHE! E 8 - Expenditures (Cam; n/Oper: ‘Account: MO HILL FOR MAYOR ***5128. Check No. Payee Name And Address Date Balance Amount | Date Disbursed | Amount Disbursed 107 GALLCO MEDIA $0.00, 10/08/2019 $6,514.95 P.0,BOX67, BELFORDNJ | 07716 | Purpose MEDIA- MIXED Comments Advertising and reimbursement for advanced costs Check No. Payee Name And Address Date Balance Amount | Date Disbursed Amount Disbursed 104 JASON N. SENA $0.00, 10/08/2019 $100.00] 280 SYCAMORE AVE., SHREWSBURY NJ 07702 Purpose COMPLIANCE/ LEGALIACCOUNTING ‘Comments Check No. Payee Name And Address | Dale Balance Amount | Date Disbursed | Amount Disbursed 108 TREC $0.00 10/08/2019 $1,139.82] 808 LOWELL AVE., TOMS RIVER NJ 08753 Purpose FUNDRAISING PRINTING: MAILING Comments. Printing ‘Check No. Payee Name And Address Date Balance Amount | Date Disbursed | Amount Disbursed 110 PATCH MEDIA $0.00, 10/16/2019 $4,000.00] P.O. BOX 28762, NEW YORK | Ny 10087 | Purpose MEDIA- INTERNET ‘Comments Check No. Payee Name And Address Date Balance Amount Date Disbursed | Amount Disbursed 1 GALLCO MEDIA $0.00) 10/17/2019 $8,955.14] P.O. BOX 67, BELFORD NJ | o77i6 | Purpose MEDIA- MIXED Comments Signs, palm cards, deign and reimbursement for advanced costs Check No. Payee Name And Address Date Balance Amount | Date Disbursed Amount Disbursed 112 GALLCO MEDIA $0.00 10/23/2019 $3,947.94] P.O. BOX 67, BELFORD NJ | 07716 | Purpose MEDIA- MIXED ‘Comments Advertising, design, postage and cost of fundraiser. ‘Now Jersey Becton Law Eneroement Commision Electronic Fling, Janwary 2048 Total Disbursements Page 9 of 11 $24,657.25 FORM R-1SCHEDULE 12 - Outstanding Loans and Obligations Owed by Committee ftoans |Name and Address. Date Outstanding Purpose ‘Comments: Balance HILL, MAURICE B 06/23/2019 ‘$3,000.00: [300 WOODVIEW CT, TOMS RIVERNJ | los7ss HILL, MAURICE B- 07/03/2019 $400.00 | [300 WOODVIEW CT., TOMS RIVER NJ 08755 Total Outstanding Loans $3,400.00 Total Forgiven Loans (-) Total Outstanding Obligations Total Outstanding Loans and Obligations owed by Committee $3,400.00 Now Jory let Law Enforcoment Commission Electron Flog, January 2019, Page 10 of 11 FORM R-4CERTIFICATION \ certify that the statements on this document are true, and that the contribution amounts received conform with the limitations designated by law. | am aware that if any of the statements are wilfully false, | may be subject to punishment. 11/25/2019 MAURICE B HILL JR wanensenea Date Full Name (Candidate) ‘Signature (Candidate) 11/25/2019 JASON N SENA, ae Date Full Name (Treasurer) ‘Signature (Treasurer) ‘Now Jersey Elson Law Enforcement Commigson Etonic Fling, Janay 2018 Page 11 of 11 FORM R-tExhibit A2REPORT OF CONTRIBUTIONS AND FORM R-1 EXPENDITURES. REPORT FILED: NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION (3019.pr011) 11-DAY PRE ELECTION P.O. BOX 185, Trenton, NJ 08625-0185. Filed On (609) 292-8700 or Toll Free Within NJ 1-888-313-ELEC (3532) 10/25/2019 3:15:33 PM Web site: http:/imww.clec.nj.gov Amendment CANDIDATE OR COMMITTEE NAME. COMMITTEE TO ELECT KEVIN M. GEOGHEGAN STREET ADDRESS 52 HYRES STREET city STATE ZIP CODE TOMS RIVER NJ 08753, COUNTY ELECTION DISTRICT OR MUNICIPALITY OCEAN COUNTY TOMS RIVER (DOVER TWP) POLITICAL PARTY, IF ANY OFFICE SOUGHT REPUBLICAN COUNCIL OR MUNICIPAL OFFICE ELECTION DATE ELECTION TYPE 11105/2019 GENERAL RECEIPTS AND EXPENDITURES SUMMARY OPENING BALANCE * | $20,536.07 RECEIPTS (oo) $20,684.30} EXPENDITURES 0 $30,913.38] CLOSING BALANCE $10,306.99] * Funds Transferred From Prior Campaign if First Report Filed NET FINANCIAL SUMMARY CLOSING BALANCE $10,306.99] Debt Owed to Committee “4 $0.00 Debt Owed by Committee 0 $0.00] Total Net Worth $10,306.99} New Jere Election Law Enforcement Commission Eletonic Fling, January 2019 Page 1 of 6 FORM R41TABLE I. RECEIPTS 1, Monetary Contributions, $300 or less 2 Menetary Contibutions (In Excess of $300 and all Curency Contibutions) (Schedule 3. Inckind contributions, $300 or less 4, In-kind contributions, more than $300 (Schedule 2) 5. Dividends/interest (Schedule 3) 6. Refunded Disbursements / Reimbursements to Committee (Schedule 4) 7. Loans Received, $300 or less 8. Loans Received, more than $300 and all Currency Loans (Schedule 5) 9. Adjustments (Refund of Contributions) (Schedule 6) oO 10. Total Receipts TABLE Il. EXPENDITURES 1. Operating Disbursement (Schedule 8) ‘1a. Other Expenditures (Schedule 9) Contributions (from the Committee) to: 2a, NJ Gubernatorial Candidates/Committees (Schedule 10) 2b. NJ Legislative Candidates/Committees (Schedule 10) 2c. All other Candidates/Committoes (Schedule 10) Expenditures Made on Behalf 3a, NJ Gubernatorial Candidates/Committees (Schedule 11) ‘3b, NJ Legislative Candidates/Committees (Schedule 11) 3c, All other Candidates/Committees (Schedule 11) 3d, Independent Expenditures (Schedule 11) 4. In-kind contributions, 300 or less (Table |, line 3 5. In-kind contributions, more than 300 (Table |, line 4) 6. Total Expenditures Column A Column B This Report Cumulative- to-Date $1,324.00 $4,399.00 $19,360.30 $39,238.61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $20,684.30 $43,637.61 $30,913.38 $33,330.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $30,913.38 $33,330.62 New Jersey Election Law Enorcernant Commision Elecbonc Fing, January 2018 Page 2 0f6 FORM RtDEPOSITORY SUMMARY KK AC ASSET! IN ‘Asset Name Asset Type COMMITTEE TO ELECT KEVIN M, GEOGHEGAN Depository Bank Name Telephone Number TD BANK, NA. 7324730900 Address 1101 HOOPER AVE., TOMS RIVER NJ 08753 Account Number 3302 Opening Balance Deposits Disbursements Closing Balance $20,536.07 $20,684.30. $30,913.38 $10,306.99 Value of Asset at Purchase (if applicable) Maturity Date Now Jrey econ Low Enororent Commision Electron Fling, January 2019 Page 3 of 6 FORM R41SCHEDULE L - Monetary Contributions (In Excess of $300 and all Currency Contributions) Account: COMMITTEE TO ELECT KEVIN M. GEOGHEGAN ****3302 O) Currency Contribution Contributor Name Contributor Address CTE JOSHUA KOPP 52 HYRES ST., TOMS RIVER NJ 08753 Date Received | Amount Agaregale Amount Comments 10/17/2019 | $8,955.15 $8,955.15 O Currency Contribution Contributor Name Contributor Address CTE MATTHEW LOTANO 52 HYRES ST., TOMS RIVER NJ 08753 Date Received | Amount Aggregate Amount Comments 10/17/2019 $8,955.15 $17,910.30 O Currency Contribution Contributor Name Conitibutor Address DATSI, MURPHY & MCGUCKIN 620 WEST LACEY RD, FORKED RIVER NU 08731 Date Received ‘Amount Aggregate Amount Comments 10/17/2019 $750.00 $1,650.00 0 Currency Contribution Contributor Name Contributor Address DATSI, MURPHY & MCGUCKIN 620 WEST LACEY RD, FORKED RIVER NJ 08731 Date Received ‘Amount ‘Aggregate Amount Comments 10/08/2019 $100.00) $1,650.00 1 Currency Contribution Contributor Name Contributor Address FRENCH & PARELLO 4800 RT. 34, SUITE 101, WALL NJ 07719 Date Received ‘Amount ‘Aggregate Amount Comments 10/08/2019 $100.00) $1,100.00 © Curreney Contribution Contributor Name Contributor Address KELAHER, VAN DYKE & MORIARTY 680 HOOPER AVE., BLDG ©, SUITE 302, TOMS RIVER NJ 08753 Date Received “Amount ‘Aggregate Amount Comments 10/17/2019 $500.00 $1,800.00 GRAND TOTAL: [$19,360.30 New Jrsy Eloton Law Enorcment Commission Eleconk Fling, anvary 2018, Page 4 of 6 FORM R-1SCHEDULE 8 es (Cam| ri Account: COMMITTEE TO ELECT KEVIN M. GEOGHEGAN ****3302 ‘Check No. Payee Name And Address Date Balance Amount | Date Disbursed | Amount Disbursed ACH | JASON N. SENA $0.00 10/08/2019 $100.00 | 280 SYCAMORE AVE., | | SHREWSBURY NJ 07702 Purpose COMPLIANCE/ LEGAL/ACCOUNTING ‘Comments Check No. Payee Name And Address Date Balance Amount Date Disbursed Amount Disbursed 099 GALLCO MEDIA $0.00, 10/22/2019 $3,947.94] P.O. BOX 67, BELFORD NJ o7718 Purpose MEDIA- MIXED Comments Advertising, design and reimbursement for costs advanced ‘Check No. Payee Name And Address Date Balance Amount Dale Disbursed Amount Disbursed 098 GALLCO MEDIA $0.00, 10/22/2019 $26,865.44} P.O. BOX 67, BELFORD NJ 07718 Purpose MEDIA- MIXED ‘Comments Lawn signs, palm cards, design and reimbursement for costs advanced. Total Disbursements $30,913.38] Now Jrsty Etec Law Erorcament Contin Ect Flo, Jury 2018 Page 5 of 6 FORM R+4CERTIFICATION | cerlfy that the statements on this document are true, and that the contribution amounts received conform with the limitations designated by law. | am aware that if any of the statements are willfully false, | may be subject to punishment. 10/25/2019) KEVIN M GEOGHEGAN sessnneese Date Full Name (Candidate) ‘Signature (Candidate) 10/25/2019 JASON N SENA a Date Full Name (Treasurer) ‘Signature (Treasurer) New Jersey Election Law Enforcement Commission Eltron Fling, Janay 2019 Page 6 of 6 FORM R-4Exhibit A3Foran EXPENDITURES NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O. BOX 185, Trenton, NJ 08625-0185, (609) 292-8700 or Toll Free Within NJ 1-888-313-ELEC (3532) Web site: http:/iwmw.elec.nj.gov CANDIDATE OR COMMITTEE NAME COMMITTEE TO ELECT JOSHUA KOPP STREET ADDRESS 52 HYERS STREET city TOMS RIVER COUNTY OCEAN COUNTY POLITICAL PARTY, IF ANY REPUBLICAN ELECTION DATE 11/08/2019 REPORT OF CONTRIBUTIONS AND REPORT FILED: (2019-Pre11) 11-DAY PRE ELECTION Filed on 10/25/2019 2:37:33 PM O Amendment STATE ZIP CODE NJ 08753 ELECTION DISTRICT OR MUNICIPALITY ‘TOMS RIVER (DOVER TWP) OFFICE SOUGHT COUNCIL OR MUNICIPAL OFFICE ELECTION TYPE GENERAL RECEIPTS AND EXPENDITURES SUMMARY OPENING BALANCE * $20,410.63] RECEIPTS (a) $5,340.75| EXPENDITURES 0 $13,003.08} CLOSING BALANCE $12,748.30] * Funds Transferred From Prior Campaign if First Report Filed NET FINANCIAL SUMMARY CLOSING BALANCE $12,748.30 Debt Owed to Committee rc) $0.00 Debt Owed by Committee 0 $0.00] Total Net Worth $12,748.39] New Jersey Becton Law Enforcement Commision Electronic Fling, January 2018 FORM R- Page 1 of 6TABLE |. RECEIPTS 1. Monetary Contributions, $300 or less 2. Monetary Contributions (In Excess of $300 and all Currency Contributions) (Schedule . In-kind contributions, $300 or less . In-kind contributions, more than $300 (Schedule 2) . Dividends/interest (Schedule 3) 3 4, 5 6. Refunded Disbursements / Reimbursements to Committee (Schedule 4) 7. Loans Received, $300 or less 8. Loans Received, more than $300 and all Currency Loans (Schedule 5) 8 ). Adjustments (Refund of Contributions) (Schedule 6) 0 10. Total Receipts TABLE Il. EXPENDITURES 1. Operating Disbursement (Schedule 8) ‘1a. Other Expenditures (Schedule 9) Contributions (from the Committee) to: 2a, NJ Gubernatorial Candidates/Committees (Schedule 10) 2b. NJ Legislative Candidates/Committees (Schedule 10), 2c. All other Candidates/Committees (Schedule 10) Expenditures Made on Behalf of: 3a, NJ Gubernatorial Candidates/Committees (Schedule 11) ‘3b. NJ Legislative Candidates/Committees (Schedule 11), 3c. All other Candidates/Committees (Schedule 11) 3d. Independent Expenditures (Schedule 11) 4, In-kind contributions, 300 or less (Table |, line 3 5, In-kind contributions, more than 300 (Table |, line 4) 6. Total Expenditures Column A Column B This Report — Cumulative- to-Date $1,024.00 $4,099.00 $4,316.75 $23,928.31 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,340.75 $28,027.31 $13,003.08 $15,279.01 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13,003.08 $15,279.01 ‘Now Jersey Election Law Enorcment Commision Electono Fling, anvary 2010 Page 20f6 FORM R-tDEPOSITORY SUMMARY BANK ACCOUNT AND OTHER ASSETS INFORMATION ‘Asset Namo |Asset Type COMMITTEE TO ELECT JOSHUA KOPP Depository Bank Name “Telephone Number TD BANK, NA |7324730900 Address 1101 HOOPER AVE., TOMS RIVER NJ 08753 ‘Aecount Number 93352 Opening Balance [Deposits jisbursements Closing Balance $20,410.63) $5,340.75 $13,003.08 $12,748.30 Value of Asset at Purchase (if applicable) ‘Maturity Date Now Jey Econ Law Enercaent Commision Elrod Fig, January 2019 Page 3 of6 FORM R+HED - ntributions (In Excess of $300 and all ney Contri Account: COMMITTEE TO ELECT JOSHUA KOPP ****3352 1 Currency Contribution Contributor Name Contributor Address CTE LOTANO, KOPP & GEOGHEGAN 52 HYRES ST., TOMS RIVER NJ 08753 Date Received ‘Amount ‘Aggregate Amount | Comments 10/08/2018 $266.75 $12,278.31 i Currency Contribution Contributor Name Contributor Address. DATSI, MURPHY & MCGUCKIN, P.C. 620 WEST LACEY RD., FORKED RIVER NJ 08731 Date Received ‘Amount Aggregate Amount | Comments 10/17/2019 $750.00 $1,650.00. i Currency Contribution Contributor Name Contributor Address DATSI, MURPHY & MCGUCKIN, P.C. 620 WEST LACEY RD., FORKED RIVER NJ 08731 Date Received ‘Amount Aggregate Amount Comments 10/08/2019 i $100.00 $1,650.00. Gi Currency Contribution Contributor Name Contributor Address FRENCH & PARELLO 1800 RT 34, SUITE 101, WALL NJ 07719 Date Received | Amount ‘Aggregate Amount | Comments 10/17/2019 | $100.00 $1,100.00 1 Currency Contribution Contributor Name Contributor Address KELAHER, VAN DYKE & MORIARTY | 680 HOOPER AVE., SUITE 302, TOMS RIVER NJ 08753 Date Received Amount Aggregate Amount Comments 10/17/2019 $500.00, $1,800.00. Ci Currency Contribution Contributor Name Contributor Address. TEM P.O. BOX 828, RED BANK NJ 07701 Date Received ‘Amount Aggregate Amount | Comments 10/17/2019 $2,600.00 $2,600.00. GRAND TOTAL: $4,316.75 New Jrsoy Election Law Enorernant Cmmision Electron ing, sanuary 2019 Page 4 of 6 FORM R-tLE 8 - Expenditures (Campaii rating) ‘Actount: COMMITTEE TO ELECT JOSHUA KOPP ****3352 52 HYRES STREET, TOMS RIVER NJ 08753 CheckWo. | Payee Name And Address Dale Balance Amount} Date Disbursed | Amount Disbursed AGH | JASON N. SENA $0.00 10/08/2019 $100.00 280 SYCAMORE AVE., | SHREWSBURY NJ 07702 st Purpose COMPLIANCE/ LEGALIACCOUNTING ‘Comments ‘Check No. Payee Name And Address Date Balance Amount Date Disbursed Amount Disbursed AGH CTE KEVIN GEOGHEGAN $0.00, 10/17/2019 $8,055.15] Reimbursement for proportionate share of Gallco invoice 2015247 Purpose MEDIA- MIXED ‘Comments ‘Check No. Payee Name And Address Date Balance Amount 098 GALLCO MEDIA $0.00) P.0, BOX 67, BELFORD NJ o77ie | Purpose MEDIA- MIXED Comments Date Disbursed | Amount Disbursed 10/22/2019 $3,947.93} ‘Advertising, design and reimbursement for costs advanced Neve Jrsy Election Law Enorooment Commision Etcroni Fling, January 2019 Page 5 of 6 Total Disbursements $13,003.08 FORM R-1CERTIFICATION | certify that the statements on this document are true, and that the contribution amounts received conform with the limitations designated by law. | am aware that if any of the statements are willfully false, | may be subject to punishment 10/25/2019 JOSHUA KOPP a Date Full Name (Candidate) ‘Signature (Candidate) 10/26/2019 JASON N SENA teenegeese Date Full Name (Treasurer) ‘Signature (Treasurer) "New Jrsy Election Law Enforcement Commision Electron Fig, January 2019 Page 6 of 6 FORM R-4Exhibit A4FORM R-1 EXPENDITURES NEW JERSEY ELECTION LAW ENFORCEMENT P.O. BOX 185, Trenton, NJ 08625-0185 Web site: hitp:/iwww.clec.nj.gov CANDIDATE OR COMMITTEE NAME. COMMITTEE TO ELECT MATTHEW W LOTANO STREET ADDRESS 52 HYRES STREET city TOMS RIVER COUNTY ‘OCEAN COUNTY POLITICAL PARTY, IF ANY REPUBLICAN ELECTION DATE 11/05/2019 REPORT OF CONTRIBUTIONS AND (609) 292-8700 or Toll Free Within NJ 1-888-313-ELEC (3532) REPORT FILED: COMMISSION (2919-pre11) {1-DAY PRE ELECTION Filed on 10/25/2019 3:44:50 PM 1D Amendment STATE ZIP CODE NJ 08753 ELECTION DISTRICT OR MUNICIPALITY TOMS RIVER (DOVER TWP) OFFICE SOUGHT COUNCIL OR MUNICIPAL OFFICE ELECTION TYPE | GENERAL RECEIPTS AND EXPENDITURES SUMMARY "Now Jrsy Becton Law Enforoenent Commision Eectronic Fling, Janary 2018 ‘OPENING BALANCE * $22,960.63} RECEIPTS wo $7,641.75 EXPENDITURES 0 $13,003.09} CLOSING BALANCE $17,599.29} * Funds Transferred From Prior Campaign if First Report Filed NET FINANCIAL SUMMARY CLOSING BALANCE $17,599.29] Debt Owed to Committee $0.00 Debt Owed by Committee 0 $0.00 Total Net Worth $17,599.29] Page 1 of 7 FORM R-tTABLE I. RECEIPTS: 1. Monetary Contributions, $300 or less. 2, Monetary Contributions (In Excess of $300 and all Currency Contributions) (Schedule 1) 3. In-kind contributions, $300 or less 4. In-kind contributions, more than $300 (Schedule 2) 5. Dividends/Interest (Schedule 3) 6. Refunded Disbursements / Reimbursements to Committee (Schedule 4) 7. Loans Received, $300 or less 8. Loans Received, more than $300 and all Currency Loans (Schedule 5) 8. Adjustments (Refund of Contributions) (Schedule 6) 0 10. Total Receipts TABLE II. EXPENDITURES 1. Operating Disbursement (Schedule 8) ‘1a, Other Expenditures (Schedule 9) Contributions (from the Committee) to: 2a, NJ Gubernatorial Candidates/Committees (Schedule 10) 2b. NJ Legislative Candidates/Committees (Schedule 10) 2c. All other Candidates/Committees (Schedule 10) Expenditures Made on Behalf of: 3a, NJ Gubematorial Candidates/Committees (Schedule 11) 3b. NJ Legislative Candidatos/Committees (Schedule 11) 3c. All other Candidates/Committees (Schedule 11) 3d. Independent Expenditures (Schedule 11) 4, Inckind contributions, 300 or less (Table |, ine 3 5. In-kind contributions, more than 300 (Table I, line 4) 6. Total Expenditures Column A Column B This Report — Cumulativ to-Date $3,025.00 ‘$5,850.00 $4,616.75 $26,228.31 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,641.75 $32,078.31 $13,003.09 $15,279.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13,003.09, $15,279.02 Nw Jory Election Law Enfercment Commision Electron Flog, January 2018 Page 2 of 7 FORM R-4EPOSITORY SUMMARY BANK ACCOUNT AND OTHER ASSETS INFORMATION Asset Name Asset Type COMMITTEE TO ELECT MATTHEW W. LOTANO. Depository Bank Name Telephone Number TD BANK, NA. "7324730900 Address 1101 HOOPER AVE., TOMS RIVER NJ 08753 ‘Account Number “3328 Opening Balance Deposits Disbursements (Closing Balance $22,160.63 $7,641.75, $13,003.09) $16,799.29 Value of Asset at Purchase (if applicable) Maturity Date Nw Jerey Bacon Law Efrcement Coniston Etconc Fling, January 2018 Page 3 of 7 FORM R-4SCHEDULE in Excess of $300 and all C Contributions Account: COMMITTEE TO ELECT MATTHEW W. LOTANO ****3328 O Currency Contribution Contributor Name Contributor Address: CTE LOTANO KOPP & GEOGHEGAN 52 HYRES ST. , TOMS RIVER NJ 08753 Date Received | Amount Aggregate Amount Comments 10/08/2019 $266.75 $12,278.31 0 Currency Contribution Contributor Name Contributor Address DATSI, MURPHY & MCGLUCKIN 620 WEST LACEY RD., FORKED RIVER NJ 08731 Date Received | Amount Aggregate Amount Comments 40/17/2019 |__ $750.00 $1,650.00 Currency Contribution Contributor Name Contributor Address DATSI, MURPHY & MCGLUCKIN 620 WEST LACEY RD., FORKED RIVER NJ 08731 Date Received ‘Amount Aggregate Amount | Comments 10/08/2019 $100.00, $1,650.00 G Currency Contribution Contributor Name Contributor Address: FRENCH & PARRELLO 1800 RT. 34, SUITE 101, WALL NJ 07719 Date Received ‘Amount | Aggregate Amount | Comments 10/17/2019 $100.00 $1,100.00. Oi Currency Contribution Contributor Name Contributor Address KELAHER, VAN DYKE & MORIARTY 680 HOOPER AVE., BLDG C, SUITE 302, TOMS RIVER NJ 08753 Date Received ‘Amount ‘Aggregate Amount | Comments 10/17/2019 $500.00 $1,800.00, O Currency Contribution Contributor Name Contributor Address LOTANO, GARY 9 CENTRAL AVE., TOMS RIVER NJ 08753 Employer Name | Employer Address LOTANO DEVELOPMENT, INC. 216 MAIN ST., TOMS RIVER Nu 08753 ‘Occupation Real Estate Date Received Amount Aggregate Amount | Comments 40/19/2019 $300.00 $800.00 Oi Currency Contribution Contributor Name Contributor Address TaM P.O, BOX 828, RED BANK NJ 07701 Date Received ‘Amount Aggregate Amount Comments 10/17/2019 $2,600.00 $2,600.00 GRAND TOTAL: $4,616.75 "New Jrsay Becton Law Enforcement Commision Electronic Fling, anuaty 2018 Page 4 of 7 FORMR-+"New Jersey Elecon Law Eiorcment Commision Electronic Fling, Janary 2018 Page 5 of 7 FORM R-1SCHEDULE 8 - Expenditures (Campaign/Operating) | Actount? COMMITTEE TO ELECT MATTHEW W. LOTANO "3328. | heck No. Payee Name And Address Date Balance Amount | Date Disbursed Amount Disbursed ‘ACH SENA, JASON N $0.00, 10/08/2019 $100.00 280 SYCAMORE AVE., | SHREWSBURY NJ 07702 Purpose COMPLIANCE/ LEGAL/ACCOUNTING Comments Check No. Payee Name And Address Date Balance Amount Date Disbursed Amount Disbursed ‘ACH CTE KEVIN GEOGHEGAN $0.00, 10/17/2019 $8,955.15] 52 HYRES ST., TOMS RIVER NJ 08753 Purpose MEDIA- MIXED ‘Comments Reimbursement for proportionate share of Gallco invoice 2015247 ‘Check No. Payee Name And Address Date Balance Amount Date Disbursed Amount Disbursed 10003 GALLCO MEDIA | $0.00, 10/22/2019 $3,947.94 P.O. BOX 67, BELFORD NJ o77i8 Purpose MEDIA- MIXED ‘Comments Advertising, design and reimbursement for costs advanced "Now Jey Election Law Enforcement Commision Electron Fig, January 2019 Total Disbursements $13,003.09} Page 6 of 7 FORM R-1CERTIFICATION | certify that the statements on this document are true, and that the contribution amounts received conform with the limitations designated by law. | am aware that if any of the statements are wilfully false, | may be subject to punishment. 10/25/2019 MATTHEW _LOTANO. Date Full Name (Candidate) ‘Signature (Candidate) 10/25/2019 JASON N SENA eeanaah Date Full Name (Treasurer) ‘Signature (Treasurer) New Jrey Eaton Law Enforcement Commision Electronic Fling, January 2019 Page 7 of 7 FORM R-1Exhibit BDASTI, MURPHY, McGUCKIN, ULAKY, KOUTSOURIS & CONNORS ‘Prion Corpse nt conta tg eae Serer sep 620 Won Lacey Road, P.O. Box 1057 ‘Bllseboth Machin Daati $ Sud fies Rd on wnyancias | a5 S00 a (609) 911-7088 (Fax) 100 Hadaen Gant Bie | ‘umn oun Tessie i euceinGianinine San oe susp at sient SaaS Beyer Mee 2008 cone Vial Mara rosy Coal rere Tomshipot Tem Rive 33 Wahgion Sot Tomar OHSS RE: Ordinance — Department of Law Dear Counel Presideat Marve: 1 encloseherein «draft Ordinance for cos ieration by Council in accordance with the request of Mayor Hil. ‘The changes, if adopted, would ro-establish the Deparmeot of Law within the Township Administrative Code ‘You will cal in 2004, afer the Township's change inthe form of government, x Department of Law headed by iret of the Department of Law wes established. Thereafter, as a result of changes to tho Stato Pension awa, the Township determined fo create a Division of Law within the Department of Administration so that the Director ‘Of Law, Mark Troncone, Esquire, would ot be freed to lave the pension syste when reforms were inwituted by the State Logilaur. “The Ordinance if adoped, would re-stbsh the Department of Law, would permit the Director of the Department ‘of Law to serv trough an annual Professional Servis Contract with no salary or other benefit, This would be in the same woanner 4s Derkcay Township, eh Idatioal Faulkner Act municipality which Hikewize hax separate Law and Director throof whove annual contract must be approved by Councll. The Ordinance would ‘Permit, though not requ, fal time or par ine employees of the Municipality to serve as an Assistant Township ‘Ritomey fthe Mayor and Council 30 desired, ‘Tho inioaton of vrions sularies, Health insurance benefits, pension payments, sola! security taxes, sick and ‘cation day puyoats, could lead to substandal cots savings to the Municipality for legal services, [Should you or any member of the Council have any questions regarding this matter, plesse do not hesiato to contact me Vory te aPMiiw HUCKINExhibit C‘Maria Maruce Wednesday, March 18,2020 2.15 PM Alison Carise Destiny Reynolds FW. Ordinance ‘Attachments: Ordinance docx Ordinance 12. This isthe one to be scanned. ‘Thanks, M From: kim Wallace (malt:kwallace @dmmiawfirm.com) ‘Sent: Wednesday, March 18, 2020 12:03 PM ‘CAUTION: This message originated outside of our organization. Do not clic links or open ertachments unless you recognize the sender and know the content is safe. ‘Good afternoon, ‘The corrections to the Ordinance have been made between “Counci” and “Counsel” and the revised document Is attached. i you require anything further please do not hesitate to let us know. ‘Thank you Kin Widewo ‘Administrative Assistant to Gregory P. McGuckin, Enquire (609-971-1010 Ext. 108 oy DASTI, MURPHY, MeGUCKIN, ULAKY, KOUTSOURIS & CONNORS (620 Wout Lacey Road, P.O. Box 108 Porked River, NJ 08731 (603) 971-1010 | (609) 971-7089 ax) 506 Hooper Avene, P.O. Box 4616 ‘Toma River, NJ 08754 (732) 295-300 | (732) 587-0089 FQ... ‘souseran (ockedsivexdmunlafiom comExhibit DAN ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP (OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AMENDING AND SUPPLEMENTING THE ADMINISTRATIVE CODE OF THE TOWNSHIP. OF TOMS RIVER TO REESTABLISH THE DEPARTMENT OF LAW AND ELIMINATING CHAPTER 40-11 | ENTITLED “DIVISION OF LAW”. BE IT ORDAINED, by the Township Council of the Township of Toms River, Ocear) County, New Jersey as follow Ried SECTION In accordance with Article ll ofthe Township Code of the Township of Toms River, te Township Council had previously adopted an Administrative Code pursvant to Ordinan 3884-04, on June 22, 2004. In accordance therewith, Chapter 23 entitled “Administrati Organization” was established creating various departments, including a Department of Law |Community Development, Thereafter, pusuant to Ordinance 4136-08 and Ordinance 4302-11 the Township Council ofthe Township of Toms River established the “Division of Law” essa} forth in Chapter 40-11, thereby eliminating the Department of Law, and placing the Division of = Law within the Department of Administration. Its the purpose of this Ordinance 0 reaftion| ‘ land reestablish as a separate department within the Township a Department of Law a originally envisioned pursuant to Ordinance 3884-04. : ‘SECTION2 Chapter 23-1 entitled “General Plan” be and hereby is amended to delete under § 23. 1AG) “Department of Law & Community Development”, and replace same with “Departmen of Law" ‘SECTIONS ‘There is hereby recreated within the Township Code the Department of Law, the head lof which shall be the Township Attorey. The Township Attomey shall represent thq Municipality inal legal matters and shall epor directly tothe Mayor and provide counse sir somn ||. |]the Township Governing Body as requested, The person appointed as Township Atlomey need srmomns mfp lc be «Township employee In ht ntaos the Tohip Atay shal ot be eid swamucerwoo}| {fany health or pension benefits as an employee and shall submit an annual contract t0 bq approved by the Township Council§.49-2 Term and Appointment ‘he term ofthe Director of the Departineat of Law shal beat provided for inthe optional Municipal Charter Law. He or she sal be appointed by the Mayor with the advice land consent of Council, In order to secure a person with prior experience and proper |professional qualifications for the office, the Director of Law shall be a licensed attomey of the: [State of New Jersey and shall have been so admitted for period of not less than five (5) years. |The Director shall have either served as a Director of a Department of Law of a Municipality ini ine State of New Jersey, or as & Township Attorney fo ® municipality in the State of New Jere, fra period of ntl than hee (3) yee In ow of serving in office, the individual |may submit to the Mayor and Council sufficient information to demonstrate his or her experience and expertise in the ld of Municipal Law 449-3 Powers and Duties of the Direstor of Law "he Townip Aloe hl ekg vir othe Mayo, Townaip Cote and departments, excep as otherwise provide by the Charter or the Township Code. He or she {shall prosecute and defend the actions and proceedings by and against the Township and every) department thereof, In furtherance of these general powers, without limitation thereto, he se sha: 1. Advise the Township Couneil and its members, the Mayor and other officers of the, ‘Township 2s to all matters which may be submitted for his or her opinion. 2. Review and approve all contacts, dads, documents and insrunents prior to ‘execution thereof by or on behalf of the Township. 3. Inaiute tigation and conduct appeais from onde, decsons ot judgment affecting any iret of the Township ashe or she may in his oF ber discret detennine 1 be necessary oF desiabe, subjet to the approval ofthe Tovah Counc 4. Subject tothe approval ofthe Township Counc, have the power to enter into an sereement, compromise o setement of any ligation in which the Township i involved 5. Render written opinions upon any question of law submitted to him or her by Mayor, Township Council, Business Administrator, Municipal Clerk, Tax Assessors or the head of ny department in a prompt manne.(6. Maintain a record of all actions, suits, proceedings and matters which relate ‘0 the) “Township's interest, and report thereon from time to time as the Mayer or Towns Council may require. 7. Have such other powers and duties as provided by the Charter, Township Code oF other Ordinance. 49-4 Arsistant Township Attorney ‘There is hereby created the positon of Assistant Township Attomey. The Assistand |Township Atorney or Attoreys shall assist the Township Attomey in his or her duties | pursuant to the provisions of this chapter as legal advisor to the Mayor, Township Council ang al other department, except as otherwise provided by the Chaster or Township Code. An Assistant Township Attorney shall be an Attorney at Law admitted to the practice of law of th State of New Jersey. Any Assistant Township Attomey shall be appointed by the Director of the Department of Law and may be appointed toa fulltime or parttime postion a8 employee: lf the Municipality as directed by the Mayor. The appointment of any Assistant Townshi |Attomey must be approved by Council. §.49-5 Special Counsel Special Counsel may be appointed to handle specific litigation or matters. Ti ‘Township Attorney shall provide his or her recommendation to the Mayor and Townshif Council. Special Counsel may only be appointed by Resolution of the Governing Body. Suet} lappointment shall be on a contractual basis and be subject to approval by the Townshi council. Alt appointments made shall be in sccordance with the requirements of the New, Jersey Local Public Contracts Law, NLLS.A, 40A:11-1 et sq, ‘SECTION 4 vision of Law" be and hereby is repealed. SECTIONS Chapter 23-6 shall be amended to include the following st the conclusion of thi (Chapter 40-11 entiled “ section: “This provision shall not apply to the Township Attomey or any part time employee} of the Township's Law Department.” ‘SECTIONS Chapter 23-7 shall be amended to include a new provision as follows: “This provisio shall not apply to the Township Attorney if that position filled by someone who is not a lemployee of the Municipality.”‘SECTION? All other provisions of the Township Code not inconsistent herewith remain in full force and effect. ‘SECTIONS All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed, but only to the extent of the inconsistency. | SECTION? If any part of this Ordinance is invalidated for any reason by competent suthorty, that partis severed and the remaining provisions shall remain in full force and effect, | ‘SECTION 10 “This Ordinance shall uke effet flowing its final passage by the Township Council, approval by the Mayor, and twenty days after publication as required by law. |Exhibit E(05-12-2020 Toms River Council Meeting [00:09:01.440} We are live. Sure. Or make reading of the cultures are comfortable. [00:00:14.270] - Councilwoman Maruca I'dlike all council members and anyone else on the call on this meeting should please mute your mics. [00:00:21.440] We will stand for the salute of the flag. | pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [00:00:45.330] - Councilwoman Maruca This meeting is convenient in accordance with provisions of the Open Public Meetings Act, New Jersey. The official minutes reflect that adequate notice of this meeting has been provided by publishing a notice and the Asbury Park Press on Wednesday, January 20 20. The Press of Atlantic City and the Star Ledger, and also forwarded to Toms River Times, Toms River Patch and OBM news on Monday, January six, 2020, and thereafter posting same on the Town Hall Bulletin Board for such notices and filing, {00:01:11.970]- Councilwoman Maruca ‘Same with township clerk pursuant to a resolution adopted by the Township Council on Friday, January 3rd 2020. The meeting dates have also been posted on the township web page for this evening. Anyone from the public, if they have questions or comments, they can send them into questions@tomsrivertownship.com and for the record, we need your name, address and the town. The meeting will be followed in accordance with Robert's Rules of Order. {00:01:43.200] - Councilwoman Maruca No one from the council, administration, mayor's office or department head was on this call on this teams meeting will be recognized, must be recognized by the chair to speak. We've had meetings where people were talking over each other, and it's not fair to the members that are speaking and it's not fair to the public. So if anyone does want to speak, they need to be recognized through the chair and called upon. Alison can we have a roll call please. [00:02:17.580] - Alison Carlisle Councilman Kopp [00:02:20,000] - Councilman Kopp here. [00:02:21.420] - Alison Carlisle Councilman Lotano [00:02:23.590] - Councilman Lotano present [00:02:25.440] - Alison Carlisle Councilman Rodrick. [00:02:27.570] - Councilman Rodrick Still here [00:02:29.870] - Alison Carlisle Councilman Turnbach. [00:02:36.320] - Councilman Turnbach Here.05-12.2020 Toms River Coun Meeting {00:02:38.500] - Alison Carlisle Council Vice President Geoghegan [00:02:41.510] - Councilman Geoghegan here [00:02:43.260] - Alison Carlisle Council President Maruca [00:02:44.690] - Maria Maruca present [00:02:49.640] - Alison Carlisle First item on the agenda are the approval of minutes of April 28, 2020. [00:02:57.030] - Councilwoman Huryk Move the minutes [00:02:58.590] - Councilman Turnbach second [00:03:01.760] - Alison Carlisle Motion was made by Councilwoman Huryk, second by Councilman Turnbach, Councilwoman Huryk [00:03:07.420] - Councilwoman Huryk Yes [00:03:09.230) - Alison Carlisle Councilman Tumbach [00:03:10.650] - Councilman Turnbach Yes [00:03:12.150] - Alison Carlisle Councilman Kopp [00:03:14.090] - Councilman Kopp Yes [00:03:14.480] - Alison Carlisle Councilman Lotano [00:03:17.070] - Councilman Lotano Yes [00:03:18,700] - Alison Carlisle Councilman Rodrick. [00:03:20.840] - Councilman Rodrick No, | haven't received the minutes. [00:03:24,960] - Councilwoman Maruca Were they sent to the council? [00:03:26.800] - Alison Carlisle They were posted along with the agenda and they were e-mailed out this morning. 205-12-2020 Toms RverCouncl Meeting [00.03:32.210] - Councilman Rodrick This morning. [00:03:34.170] - Alison Carlisle Council Vice President Geoghegan [00:03:36.340] - Councilman Geoghegan Yes [00:03:38.320] - Alison Carlisle Council President Maruca, [00:03:40.590] - Councilwoman Maruca Yes. Alison, before you go into the next couple of ordinances, we have two ordinances on final read. What we're going to do is open up a public hearing on both of them simultaneously. So we give the public time to comment and then we're going to proceed with the agenda. [00:03:58.630] - Kenneth Fitzsimmons We'll need a motion from.. [00:04:00.340] - Councilwoman Maruca well she's going to read first. [00:04:02,020] - Kenneth Fitzsimmons to open that... [00:04:05.500] - Alison Carlisle Number seven, an ordinance of the township council of the township of Toms River, Ocean County, New Jersey, amending and supplementing Chapter 104 employee regulations and benefits of the township code to revise regulations governing direct deposit for township employees. {00:04:22.810] - Councilwoman Maruca This is the second reading and the public hearing on this ordinance. Anyone from the public who would like to speak or comment on this ordinance can e-mail to questions@tomsrivertownship.com [00:04:35.890] - Councilwoman Maruca Please include your name, address and town for the for the in the email. [00:04:44.050] - Alison Carlisle We need a motion. [00:04:45.810] - Kenneth Fitzsimmons You should have motioned to open. [00:04:47,370] - Councilwoman Maruca Can we have a motion to open the public hearing on this [00:04:53,690] - Councilwoman Huryk Motion to open public meeting with a hearing on these items. [00:05:00,360] - Councilman Tumbach Second. [00:05:02,300] - Alison Carlisle All in favor. [00:05:11.490] - Councili (05-12-2020 Toms River Councli Meeting [00:05:11.620] - Alison Carlisle Il read number eight as well. Number eight, an ordinance of the township council of the township of Toms River, Ocean County, New Jersey, establishing a new chapter 310 of the township code governing the provision of emergency medical services to patients care facilities in the township. [00:05:28.580] - Councilwoman Maruca This is the second reading in a public hearing on this ordinance. Anyone who would like to comment or speak on this ordinance can send their questions to questions@tomsrivertownship.com [00:05:40.550] - Councilwoman Maruca Please include your name, street address and town or the record on that council. Can | have a motion to open the public hearing on ordinance number eight? [00:05:52.190] - Councilman Geoghegan I'd like to make a motion to open a public hearing to motion number 8. 00:05:58.490] - Councilman Lotano Second, Councilman Lotano, [00:05:58.690] - Alison Carlisle Allin favor. [00:05:58.780] - Council l [00:06:07.710] - Councilwoman Maruca ‘And next council, we're going to go down to number ten, because this is also a public hearing is. involved in number 10. [00:06:18.200] - Alison Carlisle So I'll read it. Number 10, public hearing for amendment to the 2020 Toms River Township Municipal Budget. [00:06:27.570] - Councilwoman Maruca This is a public hearing for the amendment for the 2020 Toms River Township Municipal Budget. This public hearings only on the amendment to the budget. Anyone wishing to speak on this amendment can e-mail questions to questions@tomsrivertownship.com Please include your name, street address and town for the record, We will keep the public hearings. Well ask for a motion to open the public hearing on the amended budget. [00:07:04.030] - Councilwoman Huryk Motion to open the public hearing on the amended budget. [00:07:08,200] - Councilman Geoghegan Il second that Councilman Geoghegan [00:07:12.640] - Alison Carlisle Allin favor [00:07:12.650] - Alison Carlisle I [00:07:16.390] - Councilwoman Maruca We'll have those those public hearings open simultaneously, so welll give the public time to get their questions or comments to the council. All right. And we're going to go back to actually number nine 405-12-2020 Toms River Councl Mecting and 10 once the public hearing is closed on the budget amendment. So, Alison, we're going to go to. number 12, please. [00:07:40.080] - Alison Carlisle Yes, council president. Item twelve, an ordinance of the township council, the township of Toms River, Ocean County, New Jersey, adopting amendment number one to the redevelopment plan for the Hooper Caudina redevelopment area pursuant to NJ SA 40A:12 A-7. First reading [00:07:55.070] - Councilwoman Maruca This is a first read on this ordinance. Councils pleasure. [00:08:03.910] - Councilwoman Huryk Move the ordinance first. {00:08:07.000] - Councilman Lotano Second, Councilman Lotano {00:08:10.880] - Alison Carlisle Motion was made by Councilwoman Huryk, seconded by Councilman Lotano. Councilwoman Huryk [00:08:15.850] - Councilwoman Huryk yes [00:08:17.600] - Alison Carlisle Councilman Lotano [00:08:19.060] - Councilman Lotano Yes [00:08:20.390] - Councilman Kopp Councilman Kopp [00:08:22.220] - Alison Carlisle Yes [00:08:23,640] - Alison Carlisle Coucilman Rodrick [00:08:25.880] - Councilman Rodrick No. [00:08:28.520] - Alison Carlisle Councilman Turnbach [00:08:28.530] - Councilman Turnbach Yes [00:08:29.960] - Alison Carlisle Council Vice President Geoghegan [00:08:33,660] - Councilman Geoghegan yes {00:08:35.220] - Alison Carlisle Council President Maruca [00:08:37.140] - Councilwoman Maruca(05-12-2020 Toms River Council Meeting Yes. [00:08:41.010] - Alison Carlisle Item 13 is a resolution at the township council. Township of Toms River, Ocean County, New Jersey. Censoring and demanding the resignation of Daniel T. Rodrick from the Township Council for unethically and illegally breaching the confidentiality of executive session. [00:08:59.770] - Councilman Kopp Council President | would like to request that we read the body of this resolution into the record as there's been false accusations and misleading news. And | would request that the public be aware of the truth and to be heard and read. [00:09:16.320] - Councilman Rodrick | also have a request. | would like an opportunity to read my statement first because | believe the coun iil advised and acting outside of the realm of its authority currently and ther actions tonight are illegal. [00:09:31.740] - Councilwoman Maruca Let's go with Councilman Kopp request to read into the record and then. [00:09:37.070] - Councilman Turnbach council president. [00:09:39.000] - Councilman Rodrick Yeah, | think it's the my that should | should have the opportunity to read first based on the gravity of what | had just said. [00:09:48,540] - Councilwoman Maruca Councilman Rodrick we hear that, but I think the public needs to know what we're speaking about here. [00:09:53.990] - Councilman Rodrick Absolutely. They absolutely need to know what you're doing right now and they need to know about the legality of what you're doing right now. So, you know, | would. I'm going to I'm going to start reading now. [00:10:06.030] - Councilman Rodrick So I'm going to explain. [00:10:11.310] - Councilwoman Maruca Councilman Rodrick you're out of order. [00:10:12.130] - Councilman Rodrick Are you saying you're going to. Are you saying that you're going to go forward despite the fact that I'm telling you that your actions are currently outside of the guidelines of law? Is that what you're ‘saying? {00:10:23.700] Council President we have a township attorney. [00:10:26,780] - Councilman Rodrick Okay, got it. That's fine. If you want to read for it, go ahead. You read it into the record. Go ahead. You want to do that? Go ahead. [00:10:34.440] - Councilman Turnbach So, President, | can just indicate for the record, we have a township attorney that's present here. We should be seeking legal advice from the township attorney that's here to represent the entire counts. Not Councilman Rodrick. 6(05-12-2020 Toms River Council Meeting [00:10:49.680] - Councilwoman Maruca Mr. Fitzsimmons, can we proceed with reading it into the record? [00:10:53.530] - Kenneth Fitzsimmons I believe you have to, because the logical thing would be to read it into the record. So the public and council know what you are referring to. The council has been sent a copy of the resolution I'm advised and the merit of the resolution or whether it's going to be passed or voted down will follow. Reading the resolution into the record. Councilman Rodrick statement and any one else who comments on the resolution. [00:11:24,110] - Councilwoman Maruca Alison please read [00:11:25.680] - Alison Carlisle Resolution of the township council township of Toms River, Ocean County, New Jersey, censoring and demanding the resignation of Daniel T. Rodrick from the Township Council for unethically and illegally breaching the confidentiality of executive session. Whereas on January 3rd, 2018, Daniel T. Rodrick began a four year term as a member of the township council representing Ward two following his big race at the 2017 general election. And whereas at the February 11th, 2020, his regular meeting, the township council, as announced and approved by resolution, lawfully convened an executive session to consider certain matters exempt from public discussion pursuant to the Open Public Meetings Act. [00:12:09.0] - Alison Carlisle ‘And whereas Mr. Rodrick wasn't attendees at the February 11th, 2020 executive session, along with the following officials, Council President Maria Maruca, Council Vice President Kevin Geoghegan, Councilman Terrence Turnbach, Councilman Matthew Lotano, Councilma n Joshua Kopp, Mayor Maurice B Hill Jr. business administrator Donald A Guardian Township clerk Alison Carlisle and Assistant Township Attorney Anthony Morlino. And whereas among the items listed for discussion at the February 11, 2020 executive session were analysis and recommendations issued by the Division of Law conceming two issues involving the Toms River Municipal Utilities Authority T.R. MUA number one, the legality of the subsidized health benefits received by the appointed TR MUA commissioners. ‘And number two, whether the township and the TR MUA were legally permitted to enter into a shared services agreement to reduce administrative costs. [00:13:09.180] - Alison Carlisle And whereas these matters were protected by the attorney client privilege and thus lawfully discussed in executive session pursuant to the OPM, a open public meeting, Act's exemption for privilege for matters so privileged. And whereas within one hour after the meeting, a member of the township council received a phone call indicating that the details of that discussion had been leaked to individuals affiliated with the TR MUA by one of the executive session attendees. And whereas the issue of the leaked information was discussed at the next executive session convened on February 25th, 2020, which included the same attendees along with councilwoman Laurie Huryk who was absent from the previous meeting. [00:13:52.770] - Alison Carlisle ‘And whereas those discussions failed to identify the culprit as each attendee, including Mr. Rodrick, denied responsibility. And whereas because the perpetrator refused to come forward voluntarily, the township council was compelled to initiate an investigation pursuant to its statutory power under the FALKINER Act to investigate any department, office or agency of the administrative government. And whereas by resolution adopted March thirty first 2020, the Township Council retained Howard Mankoff Esq. to conduct the investigation. And whereas shortly thereafter, as a fiscal challenges resulting from the COVID pandemic became more acute. [00:14:33.090] - Alison Carlisle To avoid the potentially substantial expense of an outside investigation, Mr. Mankoff's services were 705-12.2020 Toms River Counc Meeting casei . terminated and the investigation was turned over to township attorney Kenneth Fitzsimmons, who is not an attendee at their February 11 or February. Twenty fifth meetings. And whereas, Mr. Fitzsimmons, this investigation, which included interviews with several attendees at February 11th executive session and individuals associated with the TR MUA confirmed by clear and convincing evidence that Mr. Rodrick was the perpetrator of the leak. [00:15:07.350] - Alison Carlisle ‘And whereas preserving the confidentiality of matters lawfully discussed in executive session is critical to protecting the townships, legal interests and the unilateral or on unauthorized disclosure of the information compromises the townships township council's ability to govern effectively in the public interest. And whereas in Section five-nine A of the township code provides at meetings of the council are governed by Robert's Rules of Order, which declared that members of legislative bodies are duty bound to preserve the confidentiality of matters discussed in the executive session and that members who violate that duty are subject to discipline and publish and punishment. [00:15:46.850] - Alison Carlisle And whereas among authorities which have considered the issue, including state attorneys general, state legislatures, courts and scholars, there has emerging yet nationwide legal consensus, Number one that matters lawfully discuss an executive session must remain confidential. Number two, that executive session attendees, including elected and elected members of local governing bodies, are ethically and legally bound to preserve the confidentiality of the discussions. And three, that the unauthorized disclosure of information learned in executive session violates the letter. [00:16:22,560] - Alison Carlisle The spirit of open public meetings, laws, and whereas Mr. Rodrick, a group, a group gloriously filey these legal and unethical obligations by impermissibly disclosing to officials affiliated with the TR MUA the substantive information discussed at the February 11th, 2020 executive session. And whereas rather than admit its transgression and spare the township the time and expense of the investigation, Mr. Rodrick attempted to cover up his malfeasance, Maleficent [00:16:56.850] - Councilman Rodrick malfeasance [00:16:58.130] - Alison Carlisle malfeasance excuse me, by publicly spreading false accusations and mis information through shadowy social media, Web sites and fake news publications that he is either affiliated with or contributes to. [00:17:12.570] - Alison Carlisle And whereas throughout his tenure on the township council, Mr. Rodrick has repeatedly committed infractions, degrade his office and violate his sworn civic duty and moral obligation, behave ethically and oddly and honorably. And whereas less than one year ago, the township council was forced to formally censure Mr. Rodrick for a lurid mayoral campaign with undeniably anti-Semitic overtones deliberately intended to exploit religious bias for political gain. And whereas the townships, the township council's prior censure of Mr. Rodrick marked the first time in the townships history that the governing body had to take such extreme action to denounce one of its own members. [00:17:51.420] - Alison Carlisle ‘And whereas with Mr. Rodrick. Having again dishonored and disgraced this office, that Township council is unfortunately forced to formally condemn Mr. Rodrick a second time. Now therefore be resolved by the towns of council, the township of over the county of Ocean, New Jersey, as follows, the your council hereby censors and condemns Daniel T. Rodrick for impermissibly unethically and illegally breaching the confidentiality of the February eleven two thousand twenty executive session. Number two, township council finds miss projects recidivists as conduct prejudice and unfit to continue in elected office and hereby to pass his immediate resignation from the township council [00:18:31.550] - Alison Carlisle(05-12-2020 Toms River Councl Metin Number three, a certified copy of this resolution shall remain on file in the office of the township clerk. [00:18:37.420] - Councilwoman Maruca ‘Thank you, Alison. Mr. Fitzsimmons, in the course of your investigation, did you reach out to Mr. Rodrick or speak to Mr. Rodrick [00:18:45.860] - Kenneth Fitzsimmons sent Mr. Rodrick an e-mail last Thursday and | asked if he would be willing to participate in a telephone call with myself and with Mr. Lou Amoruso So was a monitoring. I've received no response to that. {00:19:04.950] - Councilman Rodrick Inever received your e-mail, but I'm surprised that you never pick up the phone. | mean, | do I do have a telephone. Most people have telephones. So I didn't actually receive your letter, but |. Or your request. But | would like to take a moment here to explain why you're outside of the realm of your authority with this WITCH-HUNT. You know, in the absence of a county ethics committee, Ocean County does not having an ethics committee. [00:19:30,620] - Councilman Rodrick Interestingly enough, state law mandates that all ethics complaints and investigations ought to be handled by the state of New Jersey's Department of Community Affairs division, which is where | have filed my complaints against Mayor Hill and against Assemblyman McGuckin. This statute is in place to protect the taxpayer from wasteful witch hunts that are devoid of evidence. Much like this one, completely lacking in evidence and carried out by people with political agendas. All right. Who? Frankly, we're conflicted because they are employed by the mayor and serve at the will of the mayor. [00:20:10.250] - Councilman Rodrick So, too, for you, sir, to carry out that investigation, Just completely a conflict. OK. Now, again, this this resolution is nothing more than political retribution by Mayor Hill and Assemblyman McGuckin, who had a meeting with a member of the Municipal Utilities Authority and held discussions about those meetings. And as we will see later on this evening, when when the rest of you go to award a no bid contract to the assemblyman, we will all get to see just who it is that calls the shots and who set the agenda for our executive session. {00:20:47.240] - Councilman Rodrick OK. Retribution for out outing Assemblyman McGuckin is illegal attempt to insert his own director at an independent municipal utilities authority. Retribution. This Is retribution for opposing Mayor Hill and this council's seven percent tax increase and pork filled budget with four million dollars worth of vehicle purchases and a million dollar ice rink in the middle of a Covid 19 crisis and all kinds of layoffs, We have so many people out of work and this is what you guys are spending money on, retribution. [00:21:21.560] - Councilman Rodrick That's what this is retribution for interfering with Mayor Hill, awarding Assemblyman McGuckin a political donor, a political donor to the mayor with a no bid contract, a clear violation of this township's pay to play ordinance and in violation of several state statutes. So I'm not stepping. It's Mo Hill who should step down because these wasteful tax and spend policies, his shady dealings with developers and political donors are frankly destroying our community. In just five short months. So I'm not going anywhere. {00:22:01.010] - Councilman Rodrick I'm staying here. And you folks are completely outside of the realm of your authority. You've cast all kinds of false aspersions and made all kinds of nasty claims, none of which are true. And that's all | have to say this evening. [00:22:1 5.200] - Councilman Rodrick— | 05-122020 Toms River Counc Mesing And this will be part of my complaint as well. [00:22:20.090] - Councilwoman Maruca Anyone from the council comment [00:22:25.760] - Councilman Rodrick your muted [00:22:27.620] - Councilman Turnbach council president can you hear me? Councilman Turnback. [00:22:30.870] - Councilman Turbach Yes, Councilman Turnbach [00:22:32,480] - Councilman Tumbach Ill make a motion to move Resolution 13. [00:22:37.950] - Councilman Kopp Il second that. Councilman Kopp. [00:22:42,260] - Alison Carlisle Motion made by councilman Turnbach, second by councilman Kopp. Councilman Turnbach [00:22:45.260] - Councilman Turnbach ‘To me, the true measure of an individual's and his ability to conduct himself with honesty and integrity. Part of being honest is having the courage to admit when you were wrong. Every one of us makes mistakes. It is what we do when said mistakes are made that define our true character. Councilman Rodrick, you made a mistake when you leaked our executives session discussion. [00:23:14,700] - Councilman Turnbach The proof is in clear convincing is beyond reasonable doubt. You had an opportunity afterwards to be honest, and if you took advantage of that opportunity, the censure would not be taking place without filing an ethics charge on you. This is a censure [00:23:27.200] - Councilman Rodrick where is the evidence, sir [00:23:28.670] - Councilman Turnbach Sir, |can use my. [00:23:29.720] - Councilman Rodrick Can you tell me what the evidence is? [00:23:30.920] - Councilman Rodrick You have no evidence [00:23:32.250] - Councilman Turnbach Mr. Rodrick [00:23:33.520] - Councilwoman Maruca Mr. Rodrick [00:23:35.070} - Councilman Rodrick Say what the evidence is. You're an attorney. You know how to present the evidence. [00:23:41.500] - Councilman Lotano It's Councilman's Turnbach's turn. Please mute yourself. 1005-12-2020 Toms River Counal Meeting [00:23:44,180] - Councilman Turnbach Instead Councilman Rodrick, you lied to all of us. What | can only surmise was an effort to protect your own political interests or political aspirations instead of being honest. You pointed blame at an individual who is not even at our meeting. Such conduct reflects character that his base lacking any sort of integrity or moral decency. | take no joy in this resolution, Councilman Rodrick, and pray that one day you will transition from campaign mode. Doing what we were elected to do. (00:24:14,000) - Councilman Tumbach That is to serve our residents to the best of our ability with an eye towards the future of this community, not some political office. | vote yes. [00:24:24,010] - Alison Carlisle Councilman Kopp (00:24:27.290} - Councilman Kopp {just like to say one thing, since being on this council, not once. Councilman Rodrick, have you done something for this town that did not push your own political agenda? Councilman Rodrick. | feel sorry to vote the way we have to vote tonight, but you need to become the councilman at this turn, Town deserves, and not the political part, the vote. What's wrong with this country in politics?I vote yes. [00:24:51.920] - Alison Carlisle Councilwoman Huryk [00:24:55.600] - Councilwoman Huryk So two and a half years ago, Councilman Rodrick Councilman Turnbach and I took office, and we've now had to say Councilman Rodrick twice in two years, first was for unbecoming behavior for his campaign. Rhetoric and then the second time was a legal violation, jeopardizing our ability to Negotiate for and govern our township for the benefit of the people of Toms River. This is not political retribution of the mayor and assemblyman, but a resolution of this council [00:25:35.140] - Councilwoman Huryk And none of us take joy in doing it. We would much rather work with you at all times. Now, we've had this conversation before with Councilman Turnbach and you and |, we sat down and said it's time to stop campaigning and start governing. We had that conversation. In February of twenty eighteen. And nothing has changed. So | vote yes. [00:26:05.270] - Alison Carlisle Councilman Lotano. [00:26:08.570} - Councilman Lotano This is just an issue of, you know, admitting and apologizing when you've done something wrong, claiming that this is a witch hunt and a political hit piece or something like that is just trying to distract and point fingers at other people who had nothing to do with this. [00:26:27.710] - Councilman Lotano This is just an issue of fessing up when you've done something wrong and we can all move on and work together, just like councilman Huryk said. You claim it's unfounded. Mr. Fitzsimmons had done an investigation and found another [00:26:44.530] - Councilman Rodrick Mr. Fitzsimmons is conflicted and works for the mayor and the majority. [00:26:49.680] - Councilwoman Maruca Councilman Rodrick [00:26:52.220] - Councilman Rodrick ”as 05-12-2020 Teme River Counel Meeting it's my turn. [00:26:53,630] - Councilman Lotano No, it's not please mute yourself. {00:26:55.700] - Councilman Rodrick Well, this is the only time when we go out of order, right? We're not going to go and order this time. Go ahead. Sorry. Continue, sir. [00:27:01.490] - Councilman Lotano Well, thank you. [00:27:02.540] So it is not unfounded. Mr. Fitzsimmons has found enough proof to put the resolution on. So | vote yes. Thank you. [00:27:13.030] - Alison Carlisle Councilman Rodrick [00:27:14.860] - Councilman Rodrick As you see, no one has presented a shred of evidence. The assemblyman, Greg McGuckin, held a meeting with a municipal utilities commissioner and discussed that commissioner's health benefits and the health benefits package and also discussed, also discussed holding off on reappointing an executive director at the Municipal Utilities Authority. This conversation is documented. [00:27:40.120] - Councilman Rodrick This conversation and meeting occurred, and you are all acting outside of the realm of your authority. And it's political retribution for me, pointing out all of the tax and spend policies, the waste, the lack of need for this tax increase. | mean, you guys are raising taxes this year by a massive amount. And | pointed out all the ways in which you could save money. | pointed out what why we're not shopping for health insurance, [00:28:06.610} - Councilman Rodrick All of these things out in the mayor is no bid contract, which is coming up on the consent agenda that ‘this new council no longer reads. So this is not about an ethics violation. You have no authority and you're all conflicted. So this is that's not what this is about. This is political retribution. And the taxpayers of this community will see it as such. And that's all | have to say about that. And | vote no [00:28:36.460] - Councilman Turnbach council President it's Councilman Turnbach can you hear me. [00:28:39.580] - Councilwoman Maruca Yes. Councilman Turnbach We're in the middle of a vote right now. Can we just check the vote, please? [00:28:47.320] - Alison Carlisle Council Vice President Geoghegan. [00:28:50.520] - Councilman Geoghegan It troubles me that, again, we have to spend so much time on this, something that could have very easily been resolved because mistakes the head mistakes of the heart. | go back to my 26 years working as a police officer. Confidentiality and truthfulness are paramount. If | was found guilty of lying even just during the department investigation, not even on the stand, | would no longer be allowed to testify in court. [00:29:13.420] - Councilman Geoghegan And my job would be in jeopardy as it would be considered misconduct. If there's allegations by 20 422020 Toms Ror Councl Meeting Councilman Rodrick that we're doing something illegal, improper, | invite you. I'l drive you to the prosecutor's office. The attorney general's office. By ali means, we want to do the right thing for the residents. That's all any of us want. On that note, | vote yes. [00:29:36,150] - Alison Carlisle Council president Maruca [00:29:38.740] - Councilwoman Maruca in order to save the taxpayers money. The administration committee asked Mr. Fitzsimmons to look into this because he was not a party to the meeting on February 11. We did not relish spending taxpayers dollars to. Go after or even just question a council person who could have done the right thing and just said, yes, it was me. So we save those dollars and we asked Mr. Fitzsimmons to. Put together an investigation and see what he finds [00:30:14.210] - Councilwoman Maruca At his conclusion came back. That unfortunately, it was Councilman Rodrick that is because of it is because of the conclusion of the investigation by our township attorney that this council has no other choice but unfortunately, to censure your councilman, Rodrick one more time. And | vote yes. [00:30:41.000] - Councilwoman Maruca Councilman Turnbach you would like to speak. [00:30:47.550] - Councilman Tumnbach Council President can you hear me? [00:30:48.940] - Councilwoman Maruca Yes. [00:30:50.640] - Councilman Turmbach If there's a question with regard to the evidence in this matter, the person who conducted the investigation is present with our township attorney. {00:30:58.350] - Councilman Turnbach And if he could just outline who we spoke to, | think that would clear up all matters. So if that's permissible. It Seems to be an issue being raised about what occurred. If our town attorney is willing ‘to comment on that, | think that would clarify everything. Thank you. [00:31:28.870] - Kenneth Fitzsimmons Does the council want you to disclose the elements in that investigation? The report was distributed to the administration. [00:31:39.880] - Councilwoman Maruca The report was distributed to the administration committee. [00:31:42,770] - Kenneth Fitzsimmons Was it distributed to all members of council? [00:31:46.360] - Councilwoman Maruca Ido not. I can. | can't. | can't answer that right now. [00:31:52.210] - Councilman Geoghegan Idon't believe so. [00:31:53.590] - Councilwoman Maruca Itwas | don't believe it. | believe it was just with the administration. [00:31:57.610] - Kenneth Fitzsimmons 805-12-2020 Toms River Counc! Meeting |, can comment on that. | mean, in fairness if Mr. Rodrick has a statement to make before comment he should be allowed to respond to that issue. And | will [00:32:12.570] - Kenneth Fitzsimmons. You know, my city [00:32:15.430] - Councilwoman Maruca councilman Rodrick do you have a statement? [00:32:18.630] - Councilman Rodrick do | have a statement about what? That you haven't presented any evidence and that you're censoring me for a political reprisal? Well, | think | was pretty clear about that. [00:32:29.020] - Councilman Rodrick You know, I and | think the people of the community know what this is about and they're going to see right through this. It's quite a joke. Oftentimes, folks are sort of detached from the people who are in positions like yourselves. So, you know, I'm not. People are gonna see right through this. They know that | vote in a manner that is consistent with the reasons | was elected. Unlike the two Democrats here on council who ran on a platform against development and against higher taxes, but have repeatedly voted for increased spending and increased taxes, unlike the fake Republicans who were ‘on the council right now or the we the people slate, as | like to call them, who claimed they were going to save the taxpayers money and put a stop to overdevelopment. [00:33:15.190] - Councilman Rodrick But in reality, have taken contributions from developers, and since they've gotten into office, done nothing to benefit the taxpayer, they've increased taxes and they funneled a lot of money to their contributors. So everybody knows where | am and they know my votes are consistent with my positions as a conservative. And everyone knows where your votes are. So | don't need to explain this any further. | think you've wasted enough of the taxpayers money and time. But frankly it's interesting that that you after | stated that Mr. Mankoff had a conflict with Assemblyman McGuckin, how now all of a sudden you want to save money and use our township attorney. But again, Id like to repeat our township attorney serves at the pleasure of Mayor Hill. And as we can see, there's been quite a shake up in the law department. So, again, Mr. Fitzsimmons, while | like him personally and | think he's a very nice man, is conflicted in this matter. So | don't really believe that we should waste any more taxpayers time on this. And | think we should move forward with the agenda. I'm sure you have a lot of questions from constituents who are curious as to what you folks want to do this evening. [00:34:30.790] - Councilwoman Maruca But | think Councilman Turnbach had requested that we at least read the findings. And Mr. Fitzsimmons, if you could please present those findings. [00:34:41.030] - Kenneth Fitzsimmons | believe Councilman Turnback asked me. Who | interviewed is certainly worth fighting for. {00:34:50.510] - Councilman Turnbach That's correct, [00:34:51.710] - Kenneth Fitzsimmons To answer the councilman’s question. | just want to point out the tension code governs the responsibilities of township attorney and the assistant township attorney? Both of the people holding +hat office work for the mayor and the council. They have a responsibility to report to the Mayor and the Council. Neither the mayor independently nor the council independently controls the township attorney. The way to fall Iraq is established. | used township authority, my assistant Anthony Merlino answer the mayor and council directly to the question asked to me. | interviewed four parties. [00:35:43,200] - Kenneth Fitzsimmons The allegation was that information was. Improperly disclosed February 11th executive session held 405-12-2020 Tome River Counel Mectng after the February 11th regular meeting. | interviewed each person for 15 minutes or less. [00:36:09.130] - Kenneth Fitzsimmons It wasn't a difficult search for the facts. Wasn't it difficult, Factual, Pattern. | started with Mayor Hill and | asked Mayor Hill if he received any notification the evening of February 11th, that information was disclosed from discussions at the executive session, Mayor Hill explained to me that the council president Maruca called him about an hour after the meeting and explained to him that she had a call from a Toms River Municipal Utilities Authority Commissioner. Mayor Hill told me he went directly home from the council meeting and that he had not spoken to anyone else prior to receiving Council President Maruca's call continuing in reverse order. | spoke to Council President Maruca [00:37:14,890] - Kenneth Fitzsimmons She indicated that she left. She attended the council meeting. She attended an executive session. She left and went directly home. Less than an hour after they arrived home, she received a call from Toms River Municipality until recently, Commissioner Alfonso Manforti. {00:37:40.940] - Councilman Rodrick Do you realize | voted against Mr. Mafort's appointment. And Mr. Manfortiis also best friends with Greg McGucken are you aware of that fact sir? {00:37:49.720] Mr. Rodrick [00:37:50.380] - Councilman Rodrick Tam asking a question of the attorney. Are you aware that Alfonso Manforti is everything's under the sun? [00:37:57.610] - Councilwoman Maruca Completely out of order. [00:37:58,960] - Councilman Rodrick am not out of order. You are out of order. (00:38:02.350] - Councilman Rodrick this investigation is completely out of order. I mean, that's pretty cliche, but | [00:38:06.610] - Kenneth Fitzsimmons | was responding to Councilman Turmbach's answer. And not surprisingly, you're interrupting and trying to shield that. [00:38:14,600] - Councilman Rodrick You say you interviewed Al Manforti [00:38:16.810] - Kenneth Fitzsimmons Same time this evening. ! will answer his question. So it depends. !'m not going to run interrupt you. When you're through, | will answer Councilman’s Turnbach question. | spoke to commissioner Manforti. He indicated that he had a call from Commissioner Memoli who was also the chair. [00:38:44,790] - Kenneth Fitzsimmons Alll right. Carmen Memoli. And he said, Carmen called me and said that he received a call from Dan Rodrick, {00:38:57.020] - Kenneth Fitzsimmons. And then told Carmen that council discussed in executive session the possibility of dissolving the MUA and the possibility of dissolving health insurance benefits to the elected, to the commissioners, the appointed commissioners, not to the employees, but to the commission's. Mr. Manforti was very definite about that. He even during his conversation. With me referred to some time device, which | 1805.12.2020 Toms River Counc! Metin, assume was just computer indicating, the time On Tuesday evening, February 11th, he received a call from Commissioner Memoli at a time in which he called council President Maruca. [00:39:51.950] - Kenneth Fitzsimmons She was not. She didn't answer her. All right. Away, he said she council president called him back and he said two to three minutes. Identity. Chairman, Carmen Memoli and | spoke with. He said, He received a call from Councilman Rodrick, referred to you as Dan Rodrick that evening, and you had told him that in executive session, the council members, those present executive session, were discussing the possible dissolution of the MUA and the possible termination of health insurance benefits to the appointing commissioners, [00:40:46.620] - Kenneth Fitzsimmons It is just that simple, let the factual pattern wasn't difficult. |, | felt that | should call you Councilman Rodrick. Contact you and give you an opportunity to make a comment. | don't know that that was necessary, but | frankly wanted to do it for the right. [00:41:09,890] - Kenneth Fitzsimmons And | wanted a person to observe or here, the dialogue between us o that at least a third party comment. Assistant business administrator Lou Amoruso suggested | emailed you, | believe around three o'clock. | have to check my computer. Last Thursday afternoon, and | copy Mr. Amoruso with ‘my e-mail and | ask you if you would be willing to accept a call from Mr. Amoruso and me to provide a number that would be convenient a telephone number can be out of. [00:42:03,450] - Councilman Rodrick Mr. Amoruso has my personal and township cell phone number that you could have told me. You could have called me. Ask your question. Did did did did Mr. Memoli tell you he had a meeting with the Assemblyman? Did Mr. Memoli_ confirm that he had a meeting with the assemblyman and discussed these various things six days prior. Mr. Fitzsimmons, did Mr. Memoli say that and confirm that with you? [00:42:38.580] - Kenneth Fitzsimmons Did he say that? No. So he didn't say it, so. [00:42:43.790] - Councilman Rodrick I'm sorry, [00:42:45.800] - Kenneth Fitzsimmons I [00:42:47.180] - Councilman Rodrick Did you ask him [00:42:48.680] - Councilman Lotano Councilman Rodrick, did you call Carmen? [00:42:52.1 60] - Kenneth Fitzsimmons Did he [00:42:53.380] - Councilwoman Maruca Councilman [00:42:54,160] - Councilman Rodrick I never had a conversation. I'd never had a conversation where I'd divulged anything. So this is all silliness. [00:43:00.950] - Councilman Lotano You're just trying to point fingers instead of fessing up. 16(05-12-2020 Toms River Coune!l Meeting {00:43:03.380] - Councilman Rodrick What is your evidence. I'm sure that I voted against best friends of the assemblyman. This is all ridiculous. The guy is in the paper saying that he had a meeting. This is absurd. This is all absurd. You're all conflicted. Enough is enough. Let's be can stop worrying. You already censured me. [00:43:21.130] - Councilman Rodrick I'm still here. I'm not going anywhere. Stop wasting the taxpayers money. Let's move on. | know you want to appoint the assembly man and give him a half a million dollar contract right now. So let's move onto that. So | could vote no there. Let's take questions from the public about this. Enough is enough. This is silliness on them. [00:43:40.540] - Councilwoman Maruca Do you think it was just silliness? [00:43:44.200] - Councilman Rodrick No, | think your investigation is conflicted. A Schrade and a sham. This whole thing is a sham, And it's all the result of me voting against you, voting against all these terrible things you're doing to our town, increase interest. [00:43:59.140] - Councilman Lotano And it's simply untrue, act like an adult, man up. [00:44:04,540] - Councilman Rodrick This is really about. That's because it's really not the people see through you. The people see through you. You know, Mr. Lotano, you voted. [00:44:13.990] - Councilman Rodrick You voted for you for a seven percent tax increase and then again for a six percent tax increase. You told the people of this community that you lower taxes, sir. [00:44:23.230] - Councilman Rodrick You knew they were going to spend four million on vehicles, but you didn't care when | pointed it out to you. Alll you care about is advancement. [00:44:31.030] - Councilman Lotano If you showed up for a finance meeting you would know the numbers Dan. But you don't. [00:44:35.410] - Councilwoman Maruca Allright, gentlemen, [00:44:37.510] - Councilman Rodrick I do know the numbers. [00:44:38.590] - Councilwoman Maruca Gentlemen, we're going to move on. Mr. Fitzsimmons. Anything else does any about other council have any more questions for Mr. Fitzpatrick [00:44:47.660] - Kenneth Fitzsimmons Councilman Turnbach just in conclusion |.. Mr. Memoli readily recalls his conversation the evening of February 11th. Mr. Rodrick. It was clear, concise. He answered my question. He didn't hesitate. All four witnesses. Told me about the work. [00:45:10,150] - Councilman Rodrick Witnesses to what? [00:45:10.190] - Kenneth Fitzsimmons 7(05-12-2020 Toms River Coun! Meeting It wasn't. There you go. {00:45:13.820] - Councilman Rodrick This is ridiculous. This is ridiculous, stop wasting the taxpayers money on something that's ridiculous. It's a political witch hunt. You have no right to remove me. The people elected me. This censure is tidioutous And it's a distraction from the fact that you're about to give Assemblyman McGuckin a no id contract. [00:45:31.450] - Councilman Rodrick OK, that's worth probably four or five hundred thousand dollars. And we should really get to that, because the people want to know about that sir. So this whole thing is a charade to make me look bad and to distract from what you have hidden in our consent agenda, which is a no bid contract to a political donor in violation of this township's pay to play ordinance. And in violation of state law. So ‘can we move on to the important matters of governing so that the people of this community know what's going on? [00:46:06.370] - Councilman Rodrick Put this Charade away already. It's ridiculous. You voted to censure me. OK. Second time, OK. I'm not stepping down. [00:46:14,140] - Councilman Rodrick 'm going to continue to expose all of the corruption, continue to expose all of the waste, continue to expose all the pay to play. I'm not going anywhere. So can we please move on to the people of this community can hear about what you'e about to do? [00:46:32.110] - Councilman Rodrick | mean, that's what this is really. That's the case. | mean, it is about. [00:46:34,870] - Councilman Lotano You are changing the subject [00:46:34.930] - Councilman Rodrick You are going to give.. [00:46:37.950] - Councilman Lotano Let's move on. You're right. [00:46:38.830] - Councilman Rodrick Let's just move on. All right. Good. Finally, somebody with some sense {00:46:45.100] - Councilwoman Maruca Councilman Rodrick Did you make a phone call to Commissioner Memoli? [00:46:49.360] - Councilman Rodrick Are you investigating me again [00:46:51.530] - Councilwoman Maruca just no [00:46:52.000] - Councilman Rodrick Is that. It's about Maria. Maria. Are you going to vote for the assembly? | mean, are you conflicted with him, Maria? [00:46:57.790] - Councilman Rodrick Are you going to vote for his appointment tonight? Are you conflicted? Like. Like so many people up here Terrance is conflicted. He's not going to vote, The rest of these guys all got donations from the assemblyman. Let's talk about things that people care about, that you're about to waste and give 1806-122020 Toms River Counc Mest away a half a million dollar contract to somebody who's a political crony, who's walking around with twenty five public appointments while serving as an elected assemblyman and have to do with private law practice. [00:47:26.680] - Councilman Rodrick Let's talk about the real matters then back to things that are important to the people, the people who pay the bills, the people who are out of work right now. [00:47:37.800] - Councilman Rodrick Let's talk about that Maria? And let's talk about how you're conflicted with him. And you're not to even be able to vote tonight because you have a conflict with him, too. That's what we should really talk about. That's what People care about. People don't care about this stuff. Whoever you guys, this bright idea is a moron. Nobody nobody's paying attention to this. They want to know, are you going to keep raising their taxes and or are you going to keep wasting their money? [00:48:02,180] - Councilman Rodrick Or are you going to continue to develop this town in and out of control fashion that they you know, people people people want to hear about that. [00:48:08.950] - Councilman Rodrick That's what they want to hear about Maria. [00:48:10.780] - Councilwoman Maruca We'll move on. [00:48:16,030] - Councilwoman Maruca Welll take that as a yes. [00:48:16,570] - Councilwoman Maruca Number 14 [00:48:17.860] - Alison Carlisle Item 14, resolution of the township council. Township of Toms River, Ocean County, New Jersey, urging the president and Congress to read that the Security Act. The Sandy Act. [00:48:30.190] - Councilwoman Maruca It's the presence of woodshedded that we're supporting from Congressman Kim's office and congressman. Congressman Pullens office in regards to the forgiveness of the FEMA. loan that was. [00:48:43.510] - Councilwoman Huryk move the resolution [00:48:47.080] - Councilman Lotano Second Councilman Lotano [00:48:52.770] - Alison Carlisle Motion made my coulicwoman Huryk Second by councilman Lotano. Councilwoman Huryk [00:48:58.580] - Councilwoman Huryk Id just like to thank Congressman Kim's Office for the amazing amount of work that they've been doing, trying to fight for the people of Toms River who have suffered from Sandy and now are suffering from the Covid 19 pandemic. Yes. [00:49:14.540] - Alison Carlisle Councilman Lotano [00:49:16.900] - Councilman Lotano 1805-12.2020 Toms River Counc! Meeting I vote yes. This is a good thing [00:49:21.980] - Alison Carlisle Councilman Kopp [00:49:22,140] - Councilman Kopp Yes [00:49:25.400] - Alison Carlisle Councilman Rodrick. [00:49:27,030] - Councilman Rodrick Yes. [00:49:29.060] - Alison Carlisle Councilman Turnbach [00:49:32,270] - Councilman Tumbach Yes [00:49:32,390] - Alison Carlisle Vice President Geoghegan [00:49:34.370] - Councilman Geoghegan yes [00:49:35.660] council president Maruca [00:49:39.830] - Councilwoman Maruca We're going to go back to ordinance number seven on the public hearing. Destiny did any questions come in on ordiance three. [00:49:48,610] - Councilman Rodrick Excuse me | would like to interject here. | have a text message from Carmon Memoli on my phone right here. And it's he told you that the assembly met with you sir. Did you just lie? Did you just skip? It's right here. Oh, my goodness. [00:50:08,090] - Councilman Lotano Why don't we ask him if you called him and told him. [00:50:11.300] - Councilwoman Maruca old you that you wanted to move on. And we have we are in a public hearing on an ordinance. [00:50:17.150] - Councilman Rodrick Hum.. ok. [00:50:17.220] - Councilwoman Maruca If you don want... [00:50:26.130] - Councilman Rodrick It's right here ... I'll show the people.. look at that [00:50:26.730] - Councilman Rodrick 20— (05-12.2020 Toms River Councl Meeting | told Fitzsimmons that | had a conversation with McGuckin. [00:50:32.140] - Councilman Rodrick Ok. Oh, well. [00:50:33.150] - Councilman Rodrick So let's let's continue moving on. [00:50:38.310] - Councilwoman Maruca Destiny do you have any questions for the ordinance number 7 [00:50:42,890] - Destiny Reynolds No. Nobody calls or emails. Any questions for this ordinance. [00:50:47.950] - Councilman Turnbach In a move to close the public portion comment and move for a vote {00:50:55.950] - Councilwoman Huryk Second to close public comment [00:50:58.020] - Alison Carlisle all in favor [00:50:59.990] - Council 1 [00:51:02.310] - Councilwoman Huryk And then Councilman Turnbach was that also a motion for the vote [00:51:05.260] - Councilman Turnbach Make a motion to move your ordinance on final [00:51:09.360] - Councilwoman Huryk Second [00:51:11.820] - Alison Carlisle motion was made by Councilman Turnback seconded by Councilman Huryk [00:51:15.270] - Alison Carlisle Councilman Turnbach [00:51:16.560] - Councilman Turnbach Yes. [00:51:18.110] - Alison Carlisle Councilwoman Huryk {00:51:19.380] - Councilwoman Huryk Yes [00:51:20.610] - Alison Carlisle Councilman Kopp [00:51:22.020] - Councilman Kopp Yes [00:51:23.160] - Alison Carlisle a4 (05-12-2020 Toms River Council Meeting Councilman Lotano [00:51:24,050] - Councilman Lotano Yes [00:51:27.020] - Alison Carlisle Councilman Rodrick. [00:51:29.400] - Councilman Rodrick {am going to abstain [00:51:32.120] - Alison Carlisle Council Vice President Geoghegan [00:51:34,160] - Councilman Geoghegan yes [00:51:35.460] - Alison Carlisle Council President Maruca [00:51:37.480] - Councilwoman Maruca Yes. Next is the public hearing for ordinance number 8. Destiny do we have any questions on for ordinance number 8. [00:51:48.190] - Destiny Reynolds There are no question for ordinance number 8 [00:51:52.110] - Councilwoman Maruca Can | have a motion to close the public hearing on ordinance 8 [00:51:55.470] - Councilman Geoghegan I make a motion to close that hearing on ordinance number 8. Councilman Geoghegan [00:51:59.130] - Councilwoman Huryk Second, [00:52:03.599] - Alison Carlisle Allin favor. {00:52:05.590] - Council 1 [00:52:07.170] - Councilman Geoghegan And Ill make a motion to approve ordinance 8 on the final Councilman Geoghegan. [00:52:13.600] - Councilwoman Huryk Second [00:52:15.960] - Alison Carlisle Motion is made by Council Vice President Geoghegan, seconded by Councilman Huryk. Council Vice President Geoghegan [00:52:21.860] - Councilman Geoghegan Yes. [00:52:23.250] - Alison Carlisle Councilwoman Huryk 2(05-12-2020 Toms River Counci Meeting (00:52:25.270] - Councilwoman Huryk Yes. {00:52:26.410] - Alison Carlisle Councilman Kopp [00:52:27.620] - Councilman Kopp Yes. [00:52:29.150] - Alison Carlisle Councilman Lotano {00:52:30.380] - Councilman Lotano Yes [00:52:31.520] - Alison Carlisle Councilman Rodrick. {00:52:34.400] - Councilman Rodrick Yes [00:52:36.020] - Alison Carlisle Councilman Turnbach [00:52:37.760] - Councilman Turnbach Yes. [00:52:38,990] - Alison Carlisle Council President Maruca [00:52:40.940] - Councilwoman Maruca Yes. okay. We still have the public hearing opened on number 10 Destiny did we had any questions come in on the budget amendment. (00:53:00.130] - Destiny Reynolds ‘There are no emails on the budget. [00:53:03.410] - Councilwoman Maruca Oh, OK. Have a motion to close a public hearing on the budget amendment. [00:53:12.050]- Councilwoman Huryk Motion to close the public hearing on the budget amendment [00:53:16.210] - Councilman Geoghegan Second Councilman Geoghegan [00:53:19.110] - Alison Carlisle Allin favor. [00:53:22,590] - Council 1 [00:53:22.640] - Councilwoman Maruca ‘And then we're going to go back to we're going gonna take nine, ten and eleven in order. Go back to number nine. 205-12-2020 Toms River Councl Meeting (00:53:29.190] - Alison Carlisle Item nine is the resolution authorizing the reading of the township of Toms River, 2020 calendar year budget by title only. [00:53:38.730] - Councilwoman Huryk Move the Resolution [00:53:40,710] - Councilman Geoghegan second Councilman Geoghegan [00:53:44,240] Motion made by Councilwoman Huryk Seconded by Council vice president, Geoghegan [00:53:49.380] - Alison Carlisle Councilwoman Huryk [00:53:49.640] - Councilwoman Huryk Yes [00:53:50.560] - Alison Carlisle Council Vice President Geoghegan [00:53:52,800] - Councilman Geoghegan Yes. [00:53:54.480] - Alison Carlisle Councilman Kopp. {00; Yes. 55.980] - Councilman Kopp [00:53:58.440] - Alison Carlisle Councilman Lotano [00:53:58.590] - Councilman Lotano yes [00:54:00.000] - Alison Carlisle Councilman Rodrick [00:54:03.040] - Councilman Rodrick Yes, you can read it. [00:54:07.160] - Alison Carlisle Councilman Turnbach [00:54:07.390] - Councilman Tumbach Yes [00:54:08,550] - Alison Carlisle Council president Maruca [00:54:10,230] - Councilwoman Maruca yes. Number one. [00:54:18.140) Number two, tend to go back to number 10 can we have a lot of motion on the amendment to the 2; 95-12:2020 Toms River Counc Meeting 2020 Toms River township Municipal budget, [00:54:37.720] - Councilwoman Huryk Move the resolution on the amendment to the 20 20 Toms River township municipal budget. [00:54:44.140] - Councilman Turnbach Councilman Turnbach I'll second that. [00:54:46,790] - Alison Carlisle Motion made by Councilwoman Huryk second by Councilman Turnbach councilwoman Huryk [00:54:51.570] - Councilwoman Huryk Yes. [00:54:52.740] - Alison Carlisle Councilman Turnbach [00:54:54.150] - Councilman Turnbach Yes, [00:54:55.410] - Alison Carlisle Councilman Kopp [00:54:56.790] - Councilman Kopp Yes [00:54:58.920] - Alison Carlisle Councilman Lotano [00:54:58.920] - Councilman Lotano Yes {00:55:02.100] - Alison Carlisle Councilman Rodrick [00:55:07.610] - Councilman Rodrick. No [00:55:10.040] - Alison Carlisle Council Vice President Geoghegan {00:55:10.220] - Councilman Geoghegan yes [00:55:11.370] - Alison Carlisle Council president Maruca [00:55:13.260] - Councilwoman Maruca Yes. We're going to eleven number eleven. [00:55:25.420] - Alison Carlisle Number 11 we need a vote on the 2020 Toms River Township municipal budget. fo 15:33.580] - Alison Carlisle in to move the budget. Anyone? [00:55:40.690] - Councilwoman Huryk 2506-12-2020 Toms River Couns Meeting Motion to'move the 2020 Toms River Township Municipal Budget [00:55:47.680] - Councilman Geoghegan Second, that Councilman Geoghegan [00:55:51.010] - Alison Carlisle Motion was made by Councilwoman Huryk, second by Council Vice President Geoghegan Councilwoman, Huryk. [00: Yes. 56.560] - Councilwoman Huryk [00:55:58.330] - Alison Carlisle Council Vice President Geoghegan. {p0:56:00.440) ~ Councilman Geoghegan es. [00:56:03.030] - Alison Carlisle Councilman Kopp [00:56:04.240] - Councilman Kopp Yes. [00:56:06.050] - Alison Carlisle Councilman Lotano. {00:56:08.250} - Councilman Lotano Yes [00:56:09.610] - Alison Carlisle Councilman Rodrick [00:56:11.580] - Councilman Rodrick Absolutely not. People can't afford a tax increase like that at a time like this or any kind of that matter. {00:56:22.770] - Alison Carlisle Councilman Turnbach [00:56:22.820] - Councilman Rodrick You're muted [00:56:22.830] - Councilman Turnbach Yes [00:56:26.730] - Alison Carlisle Council president Maruca [00:56:28.530] - Councilwoman Maruca Yes. Next, is the consent agenda, all matters listed under the consent agenda will be enacted by one motion form listed below. There will be no separate discussion of the items of discussion that Is desired of any item. That item will be considered separately. [00:56:46.200] - Councilwoman Maruca Anyone from the council need a roll call or pull an item 805-12:2020 Tome River Councl Meeting [00:56:50.280] - Councilman Rodrick Resolution G [00:56:55.780] - Councilman Geoghegan and Council President Resolution F as in Frank. | have a conflict [00:57:02,180] - Councilman Turnbach council president Id like to ask for a roll call on resolution {00:57:09.160] - Alison Carlisle B like boy or D like David. [00:57:11.840] - Councilman Turnbach D like David [00:57:18.180] - Councilwoman Maruca So | anyone from the from the public Destiny has any questions on the consent agenda. [00:57:36.610] - Councilwoman Maruca Destiny. [00:57:39.350] - Destiny Reynolds I'm sorry, | forgot to unmute myself. there is none at this time. [00:57:44.730] - Councilwoman Maruca OK, could have we have a motion on the balance of the consent agenda. [00:57:51.570] - Councilman Turnbach Council Presidents want to make sure that G was also pulled as well, correct? [00:57:55.240] - Councilwoman Maruca Yeah. D. F and G for roll call. [00:58:00.390] - Councilman Turnbach ‘Thank you Council President [00:58:01.600} - Councilwoman Huryk Are we going to hold for a few minutes to allow the public to email. [00:58:08.020] - Destiny Reynolds Council president, I'm sorry we didn't have an e-mail for our resolution. G, [00:58:13.040] - Councilwoman Maruca OK. [00:58:18.450] - Councilwoman Huryk 'believe the last couple of meetings, which held for about five minutes to allow the public time to email are we going to do that tonight? [00:58:26.430] - Councilwoman Maruca We can hold a couple more minutes. {00:58:27.780] - Councilwoman Maruca Yes [00:58:28.910] - Councilwoman Huryk OK. Thank you.05-12.2020 Toms River Council Meeting [00:58:33.970] OK. [00:58:51.700] Hey. [00:59:11 .010] - Councilwoman Maruca Destiny. Anything else? Come in. [00:59:18.900] - Destiny Reynolds No, not at this time. [00:59:30.630] - Councilwoman Maruca The rest of the. Can we more the rest of the agenda? [00:59:45.980] - Kenneth Fitzsimmons Yeah I'd move the rest sure. [00:59:47.070] - Councilwoman Maruca OK. All right, miss, anyone want to make a motion to move the remaining items on the consent agenda? [00:59:57.130] - Councilman Geoghegan Councilman, Geoghegan, | will make a motion to move the rest of the consent agenda except for the items that were listed previously. [01:00:05.210] - Councilman Turnbach Councilman Tumbach second that. [01:00:09.470] - Alison Carlisle Motion made by council vice president geoghegan seconded by Councilman tumbach to move the balance of the consent agenda. With the exception of items . F. D. Council Vice President Geoghegan. [01:00:20.760] - Councilman Geoghegan Yes. [01:00:22.570] - Alison Carlisle Councilman turnbach. [01:00:23.860] - Councilman Turnbach Yes [01:00:25.700] - Alison Carlisle Councilwoman huryk. [01:00:27.490] - Councilwoman Huryk Yes. [01:00:28.900] - Alison Carlisle Councilman Kopp [01:00:30.260] - Councilman Kopp yes [01:00:31.600] - Alison Carlisle 2806-12-2020 Tams River Council Meeting Councilman Lotano [01:00:33.250] - Councilman Lotano Yes [01:00:34.540] - Alison Carlisle Councilman Rodrick Councilman Rodrick [01:00:46,240] - Councilman Rodrick Yes. [01 620] - Alison Carlisle Council President Maruca. [01:00:54.570] - Councilwoman Maruca Yes. Ok item D item, take you to see the roll call on that councilman turnback. [01:01:01.400] - Councilman Turnbach Yes. Council President. [01:01:05.790] - Councilwoman Huryk Move item d. [01:01:09.220] - Councilman Kopp Second councilman kopp. [01:01:12.740] - Alison Carlisle Motion was made by Councilwoman Huryk, second by Councilman kopp, Councilman huryk [01:01:17.210] - Councilwoman Huryk yes. [01:01:18.770] - Alison Carlisle Councilman Kopp. [01:01:19.850] - Councilman Kopp Yes. [01:01:21.290] - Alison Carlisle Councilman Lotano. {01:01:22.300] - Councilman Lotano Yes. [01:01:23,810] Councilman Rodrick. [01:01:27.660] - Councilman Rodrick I'm sorry, you are, we are. Which are we on G. {01:01:33.730] - Alison Carlisle No, we're on item D. {01:01:35.550] - Councilman Rodrick a. [01:01:36.080] - Councilman Rodrick 29012-2020 Tome River Coun Met OK, i wanted to make sure | heard that correctly. Yes can vote for d. [01:01:44.240] - Alison Carlisle Councilman Turnbach [01:01:44,510] - Councilman Turnbach Resolution D contains a lot of contracts, specifically with regard to Dasti and McGuckin and Bonnie Pieterson, Holzafel all those are all attorneys, local attorneys in town. And | have a conflict with in that regard. I'm going to abstain from resolution D. Thank you. [01:02:02,820] - Alison Carlisle Council Vice President Geoghegan {01:02:04.800] - Councilman Geoghegan yes [01:02:06.090] - Alison Carlisle council president Maruca [01:02:07.760] - Councilwoman Maruca Iwill abstain as well. Next will be item F, councilman Georghegan, you said you need a roll call on F. [01:02:21.530] - Councilman Geoghegan Yes, please. [01:02:23.370] - Councilwoman Maruca ‘Can we have a motion on item F. [01:02:26.310] - Councilwoman Huryk Move item F. [01:02:29.360] - Councilman Lotano Second councilman lotano. [01:02:29.740] - Alison Carlisle A motion was made by councilwoman Huryk seconded by councilman Lotano Councilman Huryk [01:02:38,240] - Councilwoman Huryk yes [01:02:40.010] - Alison Carlisle Councilman Lotano [01:02:41.700] - Councilman Lotano Yes. [01:02:42,030] - Alison Carlisle councilman kopp [01:02:44.700] - Councilman Kopp Yes. [01:02:46.300] - Alison Carlisle Councilman Rodrick [01:02:48,170] - Councilman Rodrick we're on G now. Correct. 005-12-2020 Toms River Councl Meeting [01:02:50.470] - Alison Carlisle No we're on item F now [01:02:52,630] - Councilman Rodrick Oh my god. I'm having a hard time. Followed all these papers | have. | know I'm going to vote no. [01:03:01.860] - Alison Carlisle Councilman turnbach. [01:03:03,360] - Councilman Tumbach Yes. [01:03:05.760] - Alison Carlisle Council Vice President Geoghegan. [01:03:08,390] - Councilman Geoghegan Thave to abstain as | am a retired lifetime member of PBA one three seven. Thank you. [01:03:13.410] - Alison Carlisle Council President Maruca [01:03:17.450] - Councilwoman Maruca Yes. [01:03:28.490] - Councilwoman Maruca No Destiny. You said you had an item. You had a comment on a questionable item D item. G, I'm sorry. [01:03:38,600] - Destiny Reynolds | actually got a second one in also. So the first question was from Arthur Andersen at 12 Park Street. ‘Toms River. As per consent agenda Resolution G. Did this go out to bid? If not, how was the firm chosen for this resolution? Is there an escrow or cap? This firm can charge per year [01:03:59.300] - Councilwoman Maruca Okis this how our, Mr.? [01:04:06,070] - Kenneth Fitzsimmons No, no to each. [01:04:08,060] - Councilwoman Maruca Ok, there's a no to both of those questions. [01:04:11.060] - Destiny Reynolds Ok [01:04:13.610] - Councilman Rodrick No, it did not go to bid? Is that what you said Mr. Fitzsimmons? [01:04:17.360] - Kenneth Fitzsimmons Yes. | Yes, | said, no, it did not go out to bid Hey. [01:04:28.070] - Destiny Reynolds ‘And we have another question from Tony. Tim Razo, 265 Coolidge Ave. Ortley Beach, New Jersey. Question on Resolution G. | support the objective, this council to retain qualified counsel and both enhance the services available to the mayor and council to run our municipality and do so in a way that is most cost efficient. Fa(05-12-2020 Toms River Council Meeting [01:04:49.930] - Destiny Reynolds support the council. | respectfully ask for an understanding of what cost savings are achieved. Also, what will the original chart look like? Organizational chart, 'm sorry, whatwill the organizational chart look like? [01:05:05.810] - Councilwoman Maruca Mr. Guardian. Hey. [01:05:16.640] - Councilwoman Maruca Mayor [01:05:18.410] - Don Guardian Yes Council president [01:05:21.530] mayor. It's the organizational organizational chart that also cost savings for the restructuring of the law department. [01:05:31.790] - Don Guardian I'm going to turn to organizational chart. Then Il turn it over to our chief financial officer. The resolution that the council passed, the department head will report directly to the mayor. Alex, would you comment on the cost savings, please? [01:05:55.650] - Alexander Davidson Oh. yes, | can start, So with the impending retirement of the lead attorney, Mr. Fitzsimmons, we will save between personnel post and pension, approximately three hundred thousand dollars from that. ‘And we've had other retirements announced, So in total, we're going to save a few hundred thousand there on the total expected cost is at most a break even spend it. But that’s not that's the worst case scenario. [01:06:34.670]- Councilman Rodrick Ihave a question. Why didn't the restructuring ordinance call for the elimination of Mr. Fitzsimmons Three hundred thousand dollar position. If if he's expected to retire when it's was restructured, why wasn't why wasn't it restructured ina manner that reflected, you know, no in-house counsel? It's my understanding that this position was left on the table so that it would be filled. So as of now, | think it's disingenuous to tell residents that this positions is going to go away because we eliminated two lawyer attorney positions, not all three. (01:07:16.340] - Councilman Rodrick So if the mayor wanted to reorganize the department in such a manner as to eliminate all three in- house counsel positions, he would have drafted an ordinance or | should say Greg McGuckin would have drafted an ordinance that would have restructured it in that way. So it's my understanding that that position was left. So to count that as savings. | don't see how you get savings there unless youre eliminating the position. Where's the savings? [01:07:49.470] - Alexander Davidson The savings will result from the personnel costs and the benefits and other pension obligations resulting from the elimination of personnel. {01:07:58.430] - Councilman Rodrick OK, so you have to two attorney positions, right? That one retiring, one who knows Mr. Merlino? | don't know what's going on there. Right. | mean, you have these these secretarial positions, but it's going to cost an awful lot of money to bring Mr. McGuckin firm. Correct. | mean, what's his billable rate? Anybody know what his billable rate is per hour? Nobody, Mr. Guardian [01:08:26.350] - Councilman Rodrick| |, 05-12.2020 Toms River Cound Meeting a Yes, actually I,'m. I'ljust save this for when we vote for my comments. Go ahead. I'm sorry. Finish answering the question. Some of the people at home. [01:08:36.680] - Councilwoman Maruca Any other questions from anyone at home? [01:08:40.340] - Destiny Reynolds Art Anderson actually e-mailed again and just wanted to know why it didn't go out to bid. | couldn't understand. [01:08:59,670] - Councilman Rodrick He asked why it didn't go out bid [01:09:02,990] - Kenneth Fitzsimmons It's a professional service contract. It doesn't have to be bid. [01:09:08,810] - Councilman Rodrick Is it in violation of our pay to play ordinance? Mr. Fitzsimmons [01:09:16.110] - Kenneth Fitzsimmons. I myself did not research it. {01:09:19.050] - Councilman Rodrick You didn't research it But you're the township attorney, you did a lot of research on me this week. You didn't research your the restructuring of your own department with the appointment? {01:09:29.700] - Councilman Rodrick But, you know, | have some comments I'd like to read into the record. You know, at our April 14th meeting you knows voted against that ordinance that restructured the township legal department. And I told everyone that Mayor Hill had planned on giving a no bid contract to Assemblyman McGuckin. You know, | have that ordinance right here pretty thick. [01:09:50.230] - Councilman Rodrick But if you look closely in the corner, you can see Dasti McGuckin Ulaky Conners. [01:09:58,860] - Councilman Rodrick You can actually see where where this ordinance came from. So what's interesting is the guy who's getting appointed tonight wrote the ordinance that restructured the department. And Mr. Fitzsimmons. doesn't even know how we're restructured. You know, | have something else I'd like to show you. These are Mr. McGucken disclosure forms. [01:10:21.270] - Councilman Rodrick Each one of these little things represents one of Mr. McGuckin's disclosures. [01:10:28.350] - Councilman Rodrick only file one disclosure for this. Let's say Mr. McGuckin, Assemblyman McGuckin, he has 26 municipal job appointments, according to this 26. And he recently picked up Lacey Jackson, Manchester. And now you guys are going to give him Toms River that would total 30 municipal job appointments. And he's got a private law practice. And on top of having private law practice. He's a state assemblyman. How is this guy had the time to represent our township? {01:11:03.540] - Councilman Rodrick | mean, somebody should head up his billable hours and see if he’s got any room in there for sleep, you know? You know. You know, you expect me to vote on it. You guys haven't even showed us a contract or a proposal. We have no idea what Mr. McGuckin is going to be paid. But what many of you are going to vote for this this evening. And honestly, | don't believe we can legally appoint him tonight because our plate pay to play ordinance is pretty clear. And it states that contracts can only be 28- 05-122000 Toms River Coundl Meeting ; awarded to political donors if the donation is at least a year old and more if there's a fair and open bidding process and you folks never put out an REP. [01:11:46.080] - Councilman Rodrick Also, state law prohibits law firms from representing the township while also representing the planning and zoning board of adjustments. And to my knowledge, the assemblyman still hasn't tenured his resignation. Mr. Guardian, has the assembly been tendered his resignation at the planning or zoning board? Sir [01:12:06.740] - Don Guardian not to the best of my knowledge. [01:12:09.770] - Councilman Rodrick So So basically, if we pass this resolution tonight, we'd be in violation of state law. Or am | correct on that? Can we get a legal opinion from you, Mr. Fitzsimmons, on that? Is it a violation of state law for the assemblyman to be retained representing the planning, zoning and the township attorney? [01:12:38.550] - Kenneth Fitzsimmons. ‘According to the municipal land use law. The planning board attorney, zoning board attorney could not be the municipal attorney [01:12:49.160] - Councilman Rodrick OK. So until Mr McGuckin tenure's his resignation, | don't see how we could appoint him this evening. {01:12:57.850] - Councilman Rodrick You know, and frankly, based on our pay to play ordinance, | don't know how we ever appoint him. We'd have to wait a year. You know, I mean, like | said, this guy, you know. You know. [01:13:10,020] - Councilman Rodrick Anyway, if you guys do go forward with appointing the assembly today, the Department of Community Affairs could throw that appointment right out and he wouldn't be able to be appointed that point, which strangely, you know, [01:13:27.110] - Councilwoman Huryk excuse me the ordinance actually says that he would be appointed director of the department. [01:13:33.560] - Councilwoman Huryk He wouldn't necessarily be accepting the label of township attorney. So, Mr. Fitzsimmons, is there a difference between being the director of the legal department, department of Law and being the township attorney? [01:14:01,430] - Councilman Rodrick And it amazes me, Lorie, that you would defend your appointment like that? | mean, you know, for a guy who already has twenty nine municipal job appointments, | mean, you ran on the same ticket as Me I though you were opposed [01:14:16,720] - Councilwoman Maruca Mr. Fitzsimmons, is going to answer while [01:14:17.640] - Councilman Rodrick you're here mulling this over, whether whether it's legal or illegal. No wonder you're buried in the consent agenda and had this whole charade at the beginning of the meeting about me leaking things. You wanted to bury this. 30.960] - Councilman Rodrick the kind of thing these are the kinds of things that the that are ruining the state of New Jersey. 405-12-2020 Toms River Council Meeting [01:14:36.590] - Councilman Rodrick It's why nobody could afford to live New Jersey {01:14:38.500] - Councilwoman Maruca Councilman Turnbach you are recognized [01:14:41,650] - Councilman Turnbach | would just respectfully ask that we get back to the consent agenda. We have no motion on the floor right now. And we just have people like you and comments. So if there's a motion on the floor, | would think we'd address the motion and have a vote one way or the other, whether it's a table or whatever it is. Right now, we just have random council members making comments. So | respectfully ask that under Roberts rules of order, you can back consent again and move forward with this meeting. Thank you [01:15:14.930] - Councilman Kopp Council | president I'd like to move the resolution on file Councilman Kopp. [01:15:23.980] - Councilman Rodrick Ok, [01:15:25.310] - Councilwoman Huryk seconded [01:15:28.590] - Councilman Rodrick You are going to second that Lori huh [01:15:32.770] - Alison Carlisle Motion made by Councilman Kopp seconded by Councilwoman Huryk [01:15:32.880] - Councilman Rodrick Dispute what your own townsip attorey tells you [01:15:36.870] - Councilwoman Maruca there is a motion on the floor. Please go for a roll call. {01:15:43,000} - Alison Carlisle Councilman Kopp, was that a yes, [01:15:44.890] - Councilman Kopp yes. [01:15:46.950] - Alison Carlisle Councilman Huryk [01:15:48.690] - Councilwoman Huryk Yes. [01:15:51.060] - Alison Carlisle Councilman Lotano [01:15:51.700] - Councilman Lotano Yes. [01:15:55.910] - Alison Carlisle Councilman Rodrick [01:15:56.230] - Councilman Rodrick 3505-12.2020 Toms River Counc Mesting Absolutely not. [01:15:57.920] - Alison Carlisle Councilman Turnbach [01:15:59.990] - Councilman Turnbach As | indicated previously of a conflict with the Dasti MeGuckin Firm | am a local attorney in town. Are municipal prosecutors in many municipalities would have to abstain. | have a conflict. [01:16:11.440] - Alison Carlisle Council Vice President Geoghegan [01:16:13.910] - Councilman Geoghegan before I cast my vote. [01:16:14.810] - Councilman Geoghegan I would actually like to thank Councilman Rodrick for bringing this to everybody's attention. Every time he has run about privatizing the legal department and saving costs and we're looking at other areas that we can potentially privatize. Excuse me. Your behavior is really toxic, belligerent. If you're if you're one of your students, you would send him to the principal's office and expel him. Can we please have one person talk about what or not? [01:16:40.400] - Councilman Rodrick But I'm not one of your students sir [01:16:40.430] - Councilman Geoghegan Im not done yet. OK. [01:16:42.200] - Councilman Geoghegan You know, you burn ramshackle over these meetings. It's crazy. I's difficult enough. You know, if {01:16:46.740] - Councilman Rodrick you guys are corrupt look what your doing {01:16:47.720] - Councilman Geoghegan Here we go we here we go Dan [01:16:52.720] - Councilman Rodrick Ijust told you what you are doing is illegal and you're going to do what anyway? [01:16:57.770] - Councilman Rodrick But then again, you know, there were some folks up here whose uncle had engineering firms earn a lot more money now. Right. [01:17:04.830] - Councilwoman Maruca Councilman Rodrick you are out of order [01:17:08.190] - Councilman Geoghegan He certainly is out of order. Are you done? The public is the public know expects better of us to conduct ourselves as adults. Something obviously you can't even do. However, thank you for bringing this to our attention to look at different ways to privatize and save the taxpayers money. And on that vote, | vote yes. And if somebody feels that we're doing something illegal, improper again, I'l drive it to the prosecutors office. [01:17:34.900] - Councilman Geoghegan Attorney general's office. Let's go. 3605-12-2020 Toms River Cour Meeting [01:17:37.510] - Councilman Geoghegan So, yes, [01:17:43.180] - Alison Carlisle Council President Maruca [01:17:43.180] - Councilwoman Maruca Ihave to abstain. | have a conflict [01:17:47.290] - Councilman Rodrick So just just to clarify for the record, the township attorney, Ken Fitzsimmons, advised you that Mr. McGuckin could not serve in all three roles simultaneously and has not yet resigned. But each member of this council just voted to approve him despite advice from this township's. Attorney, [01:18:11.300] - Kenneth Fitzsimmons Mr. Rodrick. You're distorting what | said [01:18:12.490] - Councilman Rodrick want to make sure that's on the record. And, you know, | voted no already. As | said earlier, the people of this community know where each of you have been on these issues. [01:18:22.930] - Councilman Rodrick Sol'm [01:18:25.660] - Councilwoman Maruca Councilman Rodrick Councilman Fitzsimmons. Mr. Fitzsimmons would like to clarify your statement [01:18:32,930] - Kenneth Fitzsimmons Councilman Rodrick you are Distorting the opinion | gave. You're cherry picking certain areas. You are reaching a legal conclusion, you can do that. But | don't agree with legal conclusion. | gave you a correct answer. You took it and you maneuvered it to be twist. You're coming up with an answer that is incorrect [01:18:59.500] - Councilman Rodrick No, sir, I didn't. You said he couldn't serve in all three capacities. And Mr. Guardian said he hadn't tenured a resignation and the other two roles. | didn't draw a conclusion. [01:19:09.880] - Councilman Rodrick I mean, that's plain as day. You know, | understand that you want to be defensive, Again, you serve at the pleasure of the mayor and this council majority. | understand that, | do appreciate that. You were honest as far as your legal opinion was concerned on this matter. And | you know, like | said, the people the people know that you guys are awarding a no bid contract to one of Mayor Hill's political donors in violation of our own ordinance, then in violation of state law, because he currently serves in those other two roles. [01:19:43.320] - Councilman Rodrick Our our own our own ordinance states that you need to wait at least a year or you would have to go out to bid. {01:19:52.810] - Councilman Rodrick It's it hasn't been a year since Mr. MeGuckin gave thousands of dollars to you guys in your campaign and you didn't go out to bid. [01:20:01.270] - Councilman Rodrick So it's it's pretty clear what's going on here. You know, | do | do understand that you, Mr. Fitzsimmons, have a fiduciary responsibility for the township. And I guess I'll leave it at that. 3705-12-2020 Toms River Cound Mastin [01:20:13.610] - Kenneth Fitzsimmons. Mr. Rodrick. | tried to answer the question, tried to answer with Councilman Turnbacks question before, but what | did to a point where my answer may turn to a point that you don't agree with it. You interrupt me. You don't allow people to finish. You cut them off. You try to intimidate them. And I'm telling you, 'm going to give that answer. So when you're finished talking, I'l give an answer. [01:20:47.840] - Councilman Rodrick Are you expecting me to say something now or were you going to say something? {01:20:50.930] - Kenneth Fitzsimmons Iwas hoping you would not say anything that | can answer. Mr. Guardian correctly said. That Mr. McGuckin will have to make a choice, the ordinance anticipates Mr. McGuckin is appointed. As the township attorney, that he would be offered a contract if he is not going to be in-house attorney. That contract would be negotiated and ultimately would be voted upon by the council. At that point, Mr. McGuckin is selected as the township attorney. He will have to make an election of what position he wants to accept. [01:21:41.390] - Kenneth Fitzsimmons The new position as township attorney or to retain his positions. That is the correct answer. [01:21:48.940] - Councilman Rodrick Now, what is your legal opinion? What you had an opinion on, on the pay to play ordinance, what's your legal opinion on the play to pay ordinance? [01:21:57.030] - Kenneth Fitzsimmons ‘The same | gave you five minutes ago and | was not asked to research that and | did not research. [01:22:03,570] - Councilman Rodrick Oh, so. So you're saying, That you're unaware of or pay to play ordinance or [01:22:11.580] - Kenneth Fitzsimmons that's not what | said. Here we go again councilman. Where if you get an answer and it's not exactly what you want to hear, you try to distort it. [01:22:21.830] - Kenneth Fitzsimmons Now, {01:22:23.480] - Councilman Rodrick I'm not distorting anything, | think you folks try to distort you know, and in a normal conversation, people can go back and forth. [01:22:31,060] - Councilman Rodrick And if the pauses weren't so long, you know, | know you keep accusing me of interrupting you, but you take these very long pauses. It's very confusing at times. Just go ahead. [01:22:39,840] - Councilman Rodrick Ican say you don't know anything about our pay to play ordinance. Do you think you could read it into the law for us? {01:22:45.740] - Kenneth Fitzsimmons I say and you continue to distort or lie about what was just said [01:22:54.010] - Don Guardian Council president, at some point, I'd just like to chime in here with some additional information [01:22:59.770] - Councilwoman Maruca Yes. Mr. Fitzsimmons, you finished we will go to Mr, Guardian. 38(05-12-2020 Toms River Counc! Macting *[01:23:02.970] - Kenneth Fitzsimmons Sure [01:23:03.080] - Councilwoman Maruca Mr.Guardian [01:23:09.090] - Don Guardian Oh, | just received information from Gail, who has done all of the bidding in our fees. You are correct that it was not a bid, but there was a request for proposal, as this council has done each year for general counsel. [01:23:28.620] - Don Guardian And Mr. McGuckin's firm, was one of those law firms that was selected for general counsel. So | and the council unanimously just approved it earlier in this meeting. Thank you. [01:23:45.850] - Councilman Turnbach Counselor, President, if | may just comment on it. [01:23:48.720] - Councilwoman Maruca Councilman Turnbach [01:23:52.710] - Councilman Turnbach Mr. Guardian, are you referring to Resolution D.. [01:23:58.370] - Don Guardian | am, because | just wanted to indicate that an RFP is a fair and open contract that's required, if there is political contributions made and the law firm did indeed apply and was chosen and were selected by all seven members of this council [01:24:16.400] - Councilman Tumbach other than myself who had a conflicts. And your point that Councilman Rodrick voted for McGuckin's firm in resolution D. Thank you. [01:24:28.240] - Alison Carlisle OK, moving on. [01:24:30.920] The reports [01:24:33,930] ‘Can we have a motion on the reports [01:24:43,300] - Councilwoman Huryk Move the reports [01:24:43.580] - Councilman Turnbach Second, Councilman Tumbach [01:24:46.870] - Alison Carlisle Motion made by Councilwoman Huryk seconded by Councillors Turnbach to move the reports Councillor Huryk [01:24:52.570] - Councilwoman Huryk Yes. [01:24:54.590] - Alison Carlisle 905-12:2020 Toms River Council Meeting Councilman Turnbach [01:24:55.790] - Councilman Turnbach Yes. [01:24:57.390] - Alison Carlisle Councilman Kopp [01:24:58.730] - Councilman Kopp Yes. [01:25:00.260] - Alison Carlisle Councilman, Lotano [01:25:01.640] - Councilman Lotano yes. [01:25:03.320] - Alison Carlisle Councilman Rodrick. [01:25:04.570] - Councilman Rodrick No. [01:25:06.550] - Alison Carlisle Council Vice President Geoghegan [01:25:08.940] - Councilman Geoghegan Yes. [01:25:10.310] - Alison Carlisle Council President Maruca [01:25:12.220] - Councilwoman Maruca Yes. Next, we have the approval of the bills [01:25:18.060] - Councilman Turnbach Move the bill list Councilman Turnbach [01:25:20.820] - Councilwoman Huryk Seconded [01:25:26.430] - Alison Carlisle Motion made by Councilman Turnbach seconded by Coucilwoman Huryk. Councilman Turnbach [01:25:28.890] - Councilman Turnbach abstain from PO two zero. Dash two two six six. Payable to grudge Glub No. Two zero. Dash two three zero three payable to the Toms River Magistrates PO two zero dash one five six Zero payable to The Ocean County Judges Association also abstained from PO two zero dash four eight five payable Law office of Holzapfel in two zero one three one four and two zero one nine three eight payable A law firm Dasti McGuckin, a local attorney in town. I've conflicts with all of those. Yes. To the balance. [01:26:03,700] - Alison Carlisle OK, Councilwoman Huryk [01:26:06.300] - Councilwoman Huryk abstain from PO one nine two zero zero two four eight people to Remingtion and Vernick engineers Po two zero zero zero nine seven three and payable to Rutgers university PO two zero zero zero two 40051.2020 Toms ver Counc Mest four one payable to Rutgers university labor education PO two zero dash zero to one four two two zero. Dash zero two two eight five and two zero zero two three oh three. I've only as it pertains to recreation salaries. Yes, to the balance. [01:26:46.240] - Alison Carlisle Councilman Kopp [01:26:46.810] - Councilman Kopp | abstain from the following two zero dash zero one six eight seven and two zero dash zero zero four one zero. Yes to the balance. [01:27:02,710] - Alison Carlisle Councilman Lotano [01:27:04.520] - Councilman Lotano | have to abstain from 19 Dash zero three nine one one payable to O'Donald Stant and Associates and ‘two zero Dash zero one nine seven one that sells a relo Masonry LLC. | have conflicts. Yes. To the balance. {01:27:23.240] - Councilman Rodrick Councilman Rodrick [01:27:24,400] - Councilman Rodrick Thave no no conflicts {01:27:26.550] - Alison Carlisle council vice presiden Geoghegan [01:27:29.530] - Councilman Geoghegan I'm sorry. Council president, you were over spoke by Councilman Rodrick. | think he had another comment. [01:27:37.870] - Alison Carlisle Council Vice President Geoghegan [01:27:40,680] - Councilman Geoghegan Yes. | also have no conflicts. [01:27:44.320] - Alison Carlisle Council president Maruca 01:27:45,400] - Councilwoman Maruca abstained to PO two dash zero one three one four two zero zero one nine eight. Payable Gregory McGucckin, Esquire and two zero down zero to one four eight. The Water's Edge Condo Association. Yes to the balance (01:28:04.410] and next we have elected officials. Mayor Hill [01:28:09.060] - Mayor Hill Very good. Thank you. Council President. Just want to report that the beaches and boardwalks are open. Boardwalks will open Friday. The beaches are already open. Our parks are open. The golf course Is open. And the tennis courts are open. We also will start seasonal rentals beginning Memorial Day weekend. The beach, as | said, will be open Memorial Day weekend. It'll be open weekends until the 20th of June. And then welll be open for a full time operation for the rest of the summer. “05-12.2020 Toms River Counc Meeting [01:28:39.800] - Mayor Hill also want to thank the council members who participated in the food distributions on Friday. Once again, | want to mention we're gonna be at Citta Walnut East Dover, South Toms River. The Third Avenue parking lot from 11 to 12,20 on Friday the 18th, There's also two other food distributions in the afternoon. [01:29:01.370] - Mayor Hill ‘There'll be one at the Presbyterian Church with the barbecue dinners. That's 10, 60 Hooper Avenue and Assembly of God, which | think is sixty six hundred Bay Avenue. That'll be Friday from two to four. And the Alive Again Alliance Church on 10 70. Church Road will have a food distribution on Saturday, ten to twelve. So, Dan, if you want to go, you can probably go Saturday. [01:29:29.600] - Mayor Hill I'd also like to point out that while there was a question about the hourly rate. i's on the list of attorneys that you approved. It's one hundred and thirty five dollars an hour. And if Dan had read the resolution, he would have realized that he appointed the specialty service contracts that were exempt from the bidding process. And Mr. McGuckin firm was one of the several law firms that are in there for general counsels. So he voted yes, in fact, so that tis Is being awarded according tothe resolution. [01:30:09.890] - Mayor Hill And | want to thank the council for passing that. Mr. McGuckin served this council honorably for eight years. He served as assemblyman for eight years. He's been a resident of Toms River for 25 years. ‘And I think with his legal expertise and the fact that he's a resident of Toms River, that he is the perfect person to represent the township of Toms River. And | thank you. [01:30:38.360] - Councilwoman Maruca Thank you Mayor Hill Councilwomen Kopp [01:31:05.540] - Councilman Kopp Sorry about that council president, | was muted | was just stating that I was talking to reiterate what Mayor Hill said regarding pop the trunk on coming up this Friday. [01:31:17.450] - Councilman Kopp. What | said in last public comment are council comment that | had was it was a heartwarming experience. And | just want to say thank you to all our volunteers, along with our council men and council women out there helping hand out food to the needy. And like Mayor Hill said, | would love to see Councilman Rodrick possibly out this Friday or Saturday to help us and our residents hand out some food. That's all council president [01:31:49.070] - Councilwoman Maruca thank you councilman Kopp. Councilwoman Huryk [01:31:53.720] - Councilwoman Huryk Thank you. President, Id just like to say that | look forward to continuing to work with Mr. McGuckin and that | am confident in the estimates of our professionals that worst case scenario, we would break even. And in all likelihood, we will save money this year and even more next year as the salaries are adjusted. And | would like to say for the record that | can guarantee | have no conflict of interest I've never received a penny from Assemblyman McGuckin. [01:32:27.350] - Councilwoman Huryk And that's just fine. [think he's a fine attomey. | worked with him on the planning board and he did a wonderful job. Secondly, I'd like to say, if anyone does have insurance, he anyone in the public and they need assistance, | have a contact that is willing to help you. No charge. So just e-mail me at LHuryk @ Toms River Township.Com. You can find it on our Web site and | can connect you with individual. a05-12-2020 Toms River Counc Mesting [01:32:57.710] - Councilwoman Huryk I'd also like to say that the state program is back with an easier way to load the car. So make sure you check out their Web site look for-Toms River state card and you can save money, get a rebate on your ax bill if you shop at participating merchants. So you can see the list of merchants on their Web site as well. And then I'd also like to reiterate what the mayor was saying about how beaches and parks are starting to open very slowly. [01:33:36.710] - Councilwoman Huryk So | want to just remind everyone to stay safe, adhere to social distancing policies as we slowly reopen and keep washing your hands using hand sanitizer. And then I'd also like to thank the mayor and council and other volunteers for taking care of the most vulnerable among our community. These last few months. So that's all council President Thank you, [01:34:07.530] - Councilwoman Maruca Thank you Councilman Huryk Councilman Rodrick. [01:34:11.150] - Councilman Rodrick First, | would like to address Mayor Hill's comment about Resolution D, as I'm sure the mayor knows. [01:34:18.680] - Councilman Rodrick Resolution D is 50 pages long and has lots of other firms, architectural firms and other folks as well in there. So it's all packaged together and there's only one vote on D. So if | voted against D, I'd be voting against all these other appointments with folks that we obviously need who do good work. And it's not related to that. It's totally related to your outsourcing or or giving this guy a contract. And again, the assemblyman has twenty nine twenty nine appointments. [01:34:52,640] - Councilman Rodrick How is he going to have the time to be an assemblyman? Serve 29 other municipalities and and and authorities and and serve as our director as well. And going back to Mr. Guardian's comments where he said that Mr. MeGuckin responded to an RFP for general counsel, this position that you voted on tonight was created on April 14th. So he did not submit a proposal for it back in January for a position that was created on April 14th. And we don't have a contract for him. [01:35:27.530] - Councilman Rodrick And yet each of you voted. Those of you who did vote voted for an appointment without a contract. So despite being being told there was no contract. So that's all I have for this evening. But I guess if Mayor Hill looks like he wants to say something, so maybe you'd like to exchange with me. I'd go. Go ahead, Mayor. No, I'm sorry. You wanted to say something, [01:35:49.750] - Mayor Hill Just looked like | just want to. | just wanted to accommodate. | just wanted to state that the RF. PS were voted on in the January meeting, extended for 90 days and then extended for another month. So you relly re vating on RFPS that we received back in January so that your statement is incorrect actually. [01:36:08.450] - Councilman Rodrick No, you can't you can't put in a request. You can't respond to. You can't put out a report. You can't respond to something that was just created on April 14th in January, which is still. [01:36:18,080] - Mayor Hill Again, that's not correct. These these. This has been carry. This has been extended. These are RF PS were extended from January, the same professionals and then extended again a second time. [01:36:30,760] - Councilman Rodrick Are you talking about G or are you talking about D [01:36:34.240] - Mayor Hill 805-12-2020 Toms River Counc! Metin Tonight I'm talking about. I'm talking about D. That's the one you're talking about now. Right. So you said you did. You said your RFPs were not Mr. Rodrick let me answer. | thought you the RFPs were not and were issued and just voted on tonight. [01:36:49.130] - Mayor Hill That's incorrect. The R.F.Ps were went out and were accepted in January. You extended those R F PS for 90 days, | believe, and then you extended them again and tonight you voted on them for the rest of the year. So you're factually incorrect? [01:37:06.580] - Councilman Rodrick No, I'm not factually incorrect. You only created the position tonight. You couldn't have posted that. You couldn't put out a request for proposals about a position that you only created [01:37:15.240] - Mayor Hill And I said you said the RFPS were just put out tonight. And that's not factually correct. Nine. So we're accepted in January. They are accepted in January. Mr.. OK, John. And really, you should read your agenda. You would have this information, but you're never prepared. (01:37:34.730] - Councilman Rodrick AIL50 pages there are a lot of folks responding, So, in D, to clarify. In D it's 50 pages of different appointments and it was all bundled together. G is about appointing Gregory McGuckin as the director of law and his firm, something completely separate. [01:37:52.290] So you're so you're admitting so you're admitting that you don't prepare anything, throw people you're all like you're admitting as an councilman, you prepare for the meetings and you don't read the agenda [01:38:03.250] you are at all 50 pages. And there were lots of great firms in here, architectural firms and everything else, all in the city and voted for Mr. MeGuckin firm. Thank you. [01:38:12.660] - Councilman Rodrick I did not vote for Mr. McGuckin [01:38:14,630] - Councilwoman Maruca Mr. Rodrick Any more comments. [01:38:15.580] - Councilman Rodrick this is Silly silliness. Silliness. [01:38:19,880] - Councilwoman Maruca Councilman Lotano [01:38:21.860] - Councilman Lotano thank you. Thank you. Council president, | want to bring up the Operation Barbecue that happens Friday from two to four at Presbyterian Church, Toms River. You get a nice barbecue meal. And we've been giving away all the meals for the last couple of weeks. So you've got to get there a little early if you want to get one. [01:38:43,460] - Councilman Lotano Again, it's pop the trunk. So there's no contact with anybody. It works out really well. So the township has started opening up parks, beaches and the golf course. Hopefully we continue to do more. Ocean County in Toms River is not New York. It's not the rest of the country. We need to, you know, really make a decision for what's best for our community. As everybody knows, that's got children. The school system,05-12-2020 Toms River Counal Meeting [01:39:11.360] - Councilman Lotano School was canceled May 4th. They canceled the rest of the year for the rest of school year. Theyre going to do virtual graduations on June 12th for the high school and intermediate schools. That's a pretty big deal if people remember graduating high school and this year, 2020. The kids won't get to walk. I's a big deal for those kids. Most of the businesses are still closed. I'd really like to see more businesses being able to open back up and people getting back to work. [01:39:40.840] - Councilman Lotano You know, | want to apologize for the way this meeting went. It really we can disagree. We need to keep a professional attitude about us and speaking over ourselves. Really, we need to all work as a group to try to get over that. | want to just address a few points that Councilman Rodrick had made earlier. The investigation was done. It was, in Mr. Fitzsimmons words, it was conclusive. Mr. Rodrick is pointing fingers taxes, is pointing fingers at political retribution, pointing fingers at capital expenditures, even pointing fingers at Covid 19, [01:40:20.870] - Councilman Lotano There's a lot going on. There's some personal responsibility needs to be taken and we can all move on and work together in the future. That's all | have. Thank you, council president. [01:40:29.540] - Councilwoman Maruca ‘Thank you. Councilman Lotano Councilman Turnbach [01:40:39,120] - Councilman Turnbach Thank you council president Respectfully, you don't have to apologize cause you always conduct yourself with class and decency. We appreciate that. OK. Nobody appreciates bully tactics. We have a job to do. We should be working together. We can. We can disagree. But we should handle ourseives like adults know how to act. They know how to appear. We elected to represent the people of this town and we should start to behave like that. [01:41:05.240] - Councilman Turnbach | want to thank all the members of this council. We've been working together over the last four to five weeks now with the food distribution. We've come together, bipartisan fashion. We're out there every week. | want to thank all of our volunteers are all we them. It is really heartwarming to see are food distribution sets up for 11 o'clock by nine 30. We've got lines out there. There's a real need and we're addressing that need. And I'm proud to be a part of it. [01:41:35,730] - Councilman Turnbach 'm proud to work with the majority of you that have been out there and helping in every fashion. While we're addressing the food insecurity in the township, one thing | asked to bring up this week and the mayor has been kind enough to place it on our Facebook page as well as our township Web site, is it beyond food and security right now? A lot of people are suffering from isolation, mental health issues, substance abuse issues. And obviously, we covid 19 [01:42:05.650] - Councilman Tumbach There are not ways where people can go seek their counseling, participate in AA and any traditional forms of attempting to rehabilitate. So what I've asked the mayor to do and council president they ve been kind enough to do is place different phone numbers up on both our Facebook page and our Web site for people that need to speak to somebody no one is alone in this. (01:42:28.270] - Councilman Turnbach No one should be feeling isolated in this. We've wonderful organizations here in Toms River. | want to spotlight one of them. And that's hope sheds light. Grant. We work together with hope, sheds light through a grant program on opiate and substance abuse. They have a 24 hour hotline. It's one eight five five eight five zero hope. Anybody that's feeling alone, isolated, suffering from substance abuse. Please reach out to Hope Sheds Life or any other organization here in Toms River or on the township. Facebook page Web site. You're not alone. We're going to get through this all together. Thank you, council president. “505-12-2020 Toms River Council Meeting [01:43:05.900] - Councilwoman Maruca Thank you councilman Turnbach, Councilman Geoghegan [01:43:10.260] - Councilman Geoghegan not to repeat what everybody else said. | just want to congratulate or Pay homage to our police officers this week as police week. Normally, we have a number of officers that are riding down to the Police Memorial Foundation in Washington, D.C. that was obviously canceled during covid. And then that's this week from the 10th to the 16th and followed up by next week, which is ems week our ems Providers to town have been put through a lot the past few months, and we wish everybody well That's all council president (01:43:42.130] - Councilwoman Maruca Thank you, Councilman Geoghegan Just a couple things | want to talk about. The mayor spoke about the changes we have done over on the beach area. Boardwalk will be opening this week, this Friday. Beaches have been apen. The response has been good. The residents seem to be practicing their social distancing and just enjoying being out and onto the beach again, which you see fishermen out there. You see people with vehicles. It seems like things are going well over. {01:44:12.370] - Councilwoman Maruca There are lifeguards will be going on duty. Well also be having our full beach opened by June 20th. Our beach badges are at the discount rate of thirty five dollars until we go open full time, which is brings us up to June 19th, We go full time on the 20th there with the food distribution. | know the council has talked about that, but I can't stress enough the need in our community of people that have been coming out, but also the outpouring of volunteers of our OEM, our Sears OES, Eastover Fire Company. [01:44:49,300] - Councilwoman Maruca We had members of the sheriff's department come out this past weekend. We have school board members. There's just people in the community are doing whatever they can to help. We do have a group of members over in Ortly Beach that are also helping with the senior center, with their soup troupe and things of that nature. So that's something that we really, really need to do. Councilman Geoghagen, you talked about police week being this week ems next week. [01:45:17.350] - Councilwoman Maruca Last week was Nurses Week. And I don't think anybody has done more than what we've done with the nurses we have in our community, along with our police and our E.M.S.. So it's just fitting and how appropriate that three weeks in a row were actually recognizing groups of individuals that are on the frontline really helping and taking the brunt of this of this covid 19 and helping the members of our community. | think we can do more to help some of our members of our community and possibly even the business community. 01:45:52.240] - Councilwoman Maruca I would like to possibly test the land use committee and see if they can come up with something where businesses might be able to take their dining outside, which we might not already have a dining section. | know the governor said he'll give us some hard numbers and some hard dates for lifting by the end of the week. Hopefully that will include opening up some of the restaurants. But m sure in those numbers it's not going to be at full capacity, in my view, to twenty five percent or 50 percent so far, land use committee and through Mr. [01:46:25.420] - Councilwoman Maruca Roberts office. If we could take a look at something that we could do just on a short term, especially with the weather getting nice, that we could have our restaurants and they have the opportunity or the capacity of either a parking lot or maybe on the front sidewalk to put out some tables, be it for either our downtown here, be it for the restaurants over on the beach, just to try to help them out. Even some of the ones up on Fisher Boulevard, a lot of no small |ittle intimate neighborhood restaurants 605-12.2020 Toms River Cound Meeting [01:46:55.150] - Councilwoman Maruca And if you're going to go down to twenty five or 50 percent, it might not be worth it for them to open over their restaurant. But we want everybody to be open. So I'd ask that. Another thing we're lookin at is on Shared Services Agreement. We're looking at a shared services agreement with Bricktown for our North Beach area, That would because most of everybody knows but Normandy Beach, the first few blocks are in Toms River Township and the remaining blocks are in Brick Township. [01:47:24.220] - Councilwoman Maruca And we're looking at a shared service agreement with Bricktown for a road and a street elevation project there. And hopefully welll have that on for next week. [01:47:34.720] - Councilwoman Maruca And finally, | want to talk about what it means to serve. We're elected by the people. We're elected to do their job. And the job is not just coming to a council meeting. That job is 24/7. Itis through emails. Itis through phone calls. It's through the mountains of paperwork. We get that. We need to read. We need to absorb. And the meetings that either we attended right here at town hall or right now we do virtually as everyone has been doing their job. [01:48:13.240] - Councilwoman Maruca I sit on the Finance Committee with councilman Lotano And also Councilman Rodrick. But we contacted council Rodrick and there was three times. Three different ways, and he never responded. For our last Finance Committee meeting. So to sit here and chastise us, when you not respond to an evite, you cannot respond to an email and you cannot respond to a text. | think I think that's wrong. | think that's wrong. Our last agenda meeting invite went out. No response. So we're here to govern. {01:48:52.050] - Councilwoman Maruca We might not be making popular decisions that sometimes, you know, the right decision is a popular, sometimes a popular decision isn't right. There's tough decisions. We're not always going to agree, but we need to respectfully disagree. And that's hopefully something that every member of this council will take under consideration. That's all | really have for this evening. | would ask that we open it now up to public comment and destiny. Let's try to take one person at a time. [01:49:28.420] - Councilwoman Maruca If you want to do it in the order that they came in and if we could limit it to just two or three questions from that and then they can go back into mine. OK. OK. [01:49:38,680] We have an e-mail from Kathy Rispoli, 426 parents or Lee Beach. arExhibit FMPIC EXEMPT FRUM THE BIDDING PKUUBSS FUK Ln 2020 CALENDAR YEAR: OCTOBER 22, 2019 WHEREAS, the Township Council of the Township of Toms River is desirous of receiving proposals for certain services exempt from the bidding process for the 2020 calendar year; and WHEREAS, some services are subject to the Campaign Finance Reform Act, as set forth in N.J.S.A. 19:44A-20.5 and awarded under the “Open and Fair Process”, NJS.A. 19:44A-20.1, et. seg. and Chapter 84 of the Toms River Township Administrative Code; and WHEREAS, the criteria to be considered is as follows: (a) Name and business address of proposed contractor. The names and roles of the individuals who will perform the task, and a description of their experience with projects similar to the matter being advertised. (b) References which include evidence of successful transactions for provision of similar goods or services. (©) Description of ability to provide the goods or services in a timely fashion (for service contracts, include staffing, familiarity, and location of key staff). (d) Cost details, inctuding the hourly rates of each of the individuals who will perform services, time estimates for each individual, all expenses, and, where appropriate, a total cost of "not to exceed" amount. (©) Qualifications of the individuals who will perform the tasks and the amounts of their respective participation. (£) Other relevant experience. (g) Ability to perform the task or provide goods in a timely fashion. (h) Cost consideration, including, but not limited to, as applicable, historical costs for similar goods or services, expertise involved and comparable costs for comparable. public entities; and WHEREAS, proposals by vendors are to be sealed and opened at a time certain as determined by the Division of Purchasing, and such proposals shall become available to the public at that time: NOW, THEREFORE, BE IT RESOLVED by the Township Council of the ‘Township of Toms River, in the County of Ocean, and State of New Jersey: 1, The Division of Purchasing is hereby authorized to advertise for the receipt of proposals for services exempt from the bidding process described below under a fair and open process as set forth in Chapter £4, “Contracts, Public”, of the ‘Toms River Township Administrative Code utilizing the following criteria: (a) Name and business address of proposed contractor. The names and roles of the individuals who will perform the task, and a description of their experience with projects similar to the matter being advertised. (b) References which include evidence of successful transactions for provision