TOMS RIVER – Choosing a lawyer to represent the town in a Ciba Geigy settlement caused angry yelling and even led to the mayor and business administrator leaving a Township Council meeting.
Ciba spent decades poisoning the ground and water in town. Its current owner, BASF, will preserve 1,000 acres of the site, while being allowed to develop or sell the remaining 255 acres, which is zoned industrial.
This deal was set in place between BASF and the State Department of Environmental Protection.
The Council voted on hiring the law firm of Donald F. Burke as special counsel to appeal this settlement. The contract is not to exceed $50,000. Environmental group Save Barnegat Bay is also fighting it.
Councilman Thomas Nivison asked if Burke has ever taken on a case like this.
It’s a natural resources damages case, and it’s to put a price on the amount of destruction the chemical company did. Local and environmental officials have said that BASF is getting off easy.
Mayor Daniel Rodrick said that natural resources damage cases are very rare. Burke has won environmental law cases.
They decided not to use in-house attorneys because “we’re fighting the largest chemical company, the DEP and the governor.”
Township Attorney Peter Pascarella said the job was publicized, and this was one of two firms that responded.
Councilman James Quinlisk said “They’ve been sued by Save Barnegat Bay and Save Barnegat Bay is our partner in this.”
Councilman David Ciccozzi noted that this firm was used recently in a legal battle in the Republican primary election June 4. All of the governing body is Republican. Quinlisk and Ciccozzi are from a different club.
Nivison was on Rodrick’s team but the two men argued about this appointment.
The Township Council and members of the administration get ready for the most recent meeting. Mayor Dan Rodrick was seated before his abrupt exit about an hour and 20 minutes into the session. (Photo by Chris Lundy)
“Was he paid or is this how he was being paid,” Nivison said, accusing that this job was a political thank you for helping Rodrick’s team in the primary.
Tensions had risen very high at this point of the argument. Rodrick called Nivison a “sellout.”
Nivison replied “I told you, I’m not a yes man.”
Rodrick then left the meeting. Business Administrator Jonathan Salonis followed him out.
Burke still got the job, as the majority of council members voted for him.
He also was added to the pool of attorneys that the town can call upon if they need legal work done.
After the two main leaders of the town’s administration left, Ciccozzi made a motion to keep the meetings online. Currently, they are taken off the town’s YouTube channel after the meeting and no one from the administration has admitted to doing this or ordering it to be done.
Lobman abstained from this but the motion passed.
Quinlisk and Ciccozzi also made a motion to try to go back to two meetings a month. For a town of 100,000 people, there is a lot to be done, they have said.
Township Attorney Gregory McGuckin said that they would have to make a request through the law department.
In other news, the council approved a contract not to exceed $31,130 to Cliffhanger Productions for five concerts at Shelter Cove beach. They also approved a contract with Funflicks of New Jersey for six outdoor movies in an amount not to exceed $6,274.66.
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