Toms River Council OKs Change To Downtown Redevelopment As Rodrick Objects

TOMS RIVER, NJ — The Toms River Township Council approved an amendment Wednesday night to the town's controversial redevelopment agreement that would reduce two 10-story towers to a six-story apartment building downtown.

The council voted 5-2, with councilmen Dan Rodrick and Justin Lamb voting no after twice asking to table the resolution to approve the amendment to the agreement with the redeveloper, Capodaglia Property Company.

The project was a central issue in the Republican mayoral primary in June, where Rodrick defeated Mayor Maurice Hill. He is set to face Democrat John Furey in the November election, which Rodrick is anticipated to win easily.

On Wednesday night, Rodrick made clear his intent to try to halt the redevelopment project at any cost if he is elected mayor.

The new amendment extends deadlines for Capodoglia to get needed government approvals for the project and to secure financing for the project, both of which Rodrick questioned.

Frances Ciesla McManimon, the township's redevelopment attorney, said changes to the schedule for getting approvals would be needed because the project would have to go back to the township's planning board for approval of a new site plan.

The proposed 10-story towers had received all of the approvals the project needed to move forward, McManimon said, including Coastal Area Facilities Review Act approval from the state Department of Environmental Protection. Changing to six stories (the new plan also would remove a private swimming pool) requires the planning board to hear it again.

Rodrick pressed McManimon repeatedly on the issue of whether Capodoglia had secured financing, interrupting her several times as she spoke.

"If they're out of time, we can cancel the agreement," Rodrick said. "He's out of time as far as getting financing, right?"

McManimon said she didn't know the status of Capodaglia's financing, and said the discussion about revisions, which began "in March or April" led to the revision in the financing schedule.

"The election was a referendum on this project," Rodrick said. "Residents don't want these apartments."

"If the developer doesn't have financing yet and he doesn't have the money for 10 stories, why are we changing the agreement when we could just terminate the agreement?" he said, referencing comments Hill made in an Asbury Park Press report on the project's change to six stories.

That report quotes Hill as citing increased construction costs due to inflation, an issue that has affected construction projects all over.

"It really makes it seem like somebody isn't getting something," Rodrick said.

The project will still have 285 apartments, including 43 that will go toward Toms River's affordable housing requirements. Parking accommodations would remain unchanged, as would plans for a small amphitheater and boardwalk area along the river.

Lamb and Rodrick also demanded to know who made the overture to reduce the project from 10 stories to six stories. McManimon said she was not part of the discussions.

Following a question about what would happen if the town tried to terminate the agreement, Rodrick again pressed for an answer on whether Capodaglia has financing, and what the town's options are.

McManimon said there is a process for filing a notice of default if Capodaglia isn't meeting its commitments, but the town cannot simply terminate the agreement without going through that process.

Geri Ambrosio, who also ran against Hill in the mayoral primary, criticized the council for not giving residents any idea that a change was coming until Hill announced the change during the mayoral debate in May.

"Why weren't we told?" she said. "We've been here every two weeks asking questions."

After the council rejected a second motion to table by Rodrick and Lamb, Rodrick repeated his accusation that someone was benefitting from extending the deadlines.

"If the developer is out time, if he can't afford it, if the developer hasn't secured financing and we're changing this plan, to extend time for him, this is really starting to look like someone's getting a kickback to me," Rodrick said. "Some of the folks who voted tonight may have a conflict and I'm going to explore other options. I'm not letting this go. "

"If you think someone's getting a kickback we can have the prosecutor's office investigate," Council President Matthew Lotano said. "And then you can publicly apologize."

"I'm not apologizing," Rodrick said.