Toms River mayor, fighting 'overdevelopment,' hires powerbroker lawyer for housing fights

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TOMS RIVER - Mayor Daniel Rodrick won election last year by touting his opposition to "overdevelopment," panning plans for two six-story apartment towers approved in the downtown.

On Wednesday, the township took a step toward a new approach, hiring Louis N. Rainone, a lawyer tasked with assisting in redevelopment and housing matters, from the powerful firm of state Assembly Speaker Craig Coughlin.

Township Council members approved hiring Rainone by a 5 to 2 vote. Councilmen James Quinlisk and David Ciccozzi, who have generally opposed Rodrick, voted against hiring the attorney, who is a managing partner with the Middlesex County firm of Rainone, Coughlin, Minchello LLC.

"They are going to represent us in our activities," Rodrick said, in response to a question from Quinlisk about the hiring of Rainone. "… We are bringing them in to represent the township."

Toms River Mayor Daniel Rodrick speaks during the Township Council meeting Wednesday, February 14, 2024.
Toms River Mayor Daniel Rodrick speaks during the Township Council meeting Wednesday, February 14, 2024.

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"You are bringing them in to stop the Capodagli project," Quinlisk responded.

"You need a muzzle," Rodrick said to Quinlisk.

Rainone's contract calls for him to be paid a maximum of $70,000 to represent the township in 2024.

Quinlisk and Ciccozzi were among the then-council majority that voted to revise Capodagli's redevelopment agreement with Toms River last year, after the developer reduced the size of the two towers from 10 to six stories.

Rodrick and Councilman Justin Lamb voted against revising the agreement and Rodrick's primary and mayoral campaigns centered on stopping "overdevelopment," including a pledge to stop the Capodagli project, "when given the opportunity."

Capodagli Property Co. plans to build two apartment buildings on land formerly occupied by the Red Carpet Motel, at Main and Water streets in downtown Toms River. The units will contain 281 apartments and about 14,800 square feet of retail space.
Capodagli Property Co. plans to build two apartment buildings on land formerly occupied by the Red Carpet Motel, at Main and Water streets in downtown Toms River. The units will contain 281 apartments and about 14,800 square feet of retail space.

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Rodrick's ideas for downtown include creating a "destination" to lure people to the area. He's suggested installing a pier with concessions and a bar on the Toms River where the old boat works building is on Robbins Parkway, and potentially adding a sprinkler park and Jet Ski ramps to the waterfront area.

The apartment towers became a major issue in last year's GOP primary and also in the general election campaign. Rodrick has been a staunch opponent of the Capodagli project, echoing residents' concerns that the apartment towers, to be located at the corner of Main and Water streets, could change the feel of Toms River's downtown, turning it into "a city."

Rodrick scored a resounding victory in the primary over Mayor Maurice B. "Mo" Hill Jr., who supported the downtown apartment project. Rodrick then led his team — including council members Craig Coleman, Thomas Nivison and Lynn O'Toole — to a commanding victory in the general election.

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The towers, which would contain 281 apartments and 14,800 square feet of retail space, were approved by the township's Planning Board in a 6-0 vote in October. It was the second proposal submitted by Capodagli to be approved; a pair of 10-story towers were given the green light by the planning board in December 2021, angering many downtown residents.

Toms River has been trying to redevelop its downtown area, with only sporadic success, for more than 30 years. The apartments, which would be located on the site of the old Red Carpet Inn, drew support from some downtown business owners, Downtown Toms River, which is the township's business improvement district, and the Greater Toms River Chamber of Commerce.

Supporters argued that the apartments would create more customers for downtown businesses, while opponents said the apartments would change the look of Toms River's historic village, and lead to more traffic in the already congested area. They also objected to a PILOT (payment in lieu of taxes) agreement between the developer and the township.

Capodagli Property Co. plans to build two apartment buildings on land formerly occupied by the Red Carpet Motel, at Main and Water streets in downtown Toms River. The units will contain 281 apartments and about 14,800 square feet of retail space. A small boardwalk will provide access to the river.
Capodagli Property Co. plans to build two apartment buildings on land formerly occupied by the Red Carpet Motel, at Main and Water streets in downtown Toms River. The units will contain 281 apartments and about 14,800 square feet of retail space. A small boardwalk will provide access to the river.

Under the 30-year agreement, Capodagli would pay a "service charge," instead of property taxes to the township, which would equal 7% of the gross revenue from the development.

Joseph P. Baumann Jr., Toms River's former redevelopment attorney, said the payment is estimated at just under $400,000 in the first year that the project is in operation, an amount that would rise over the life of the agreement.

The township would receive 95% of that amount, while 5% would go to the county. No money would go to Toms River Regional schools, unless the township chose to give the district some of the PILOT funds.

Rainone, Coughlin, Minchello, LLC was incorporated in 2017. Rainone previously practiced law for 17 years with former Assembly Speaker Alan J. Karcher, D-Middlesex. Rainone serves as the City of Rahway's director of law, city attorney for Long Branch and Marlboro's director of law, among other municipal appointments, according to biographical information on the firm's website.

Capodagli Property Co. plans to build two apartment buildings on land formerly occupied by the Red Carpet Motel, at Main and Water streets in downtown Toms River. The units will contain 281 apartments and about 14,800 square feet of retail space. A small amphitheater will be part of the project.
Capodagli Property Co. plans to build two apartment buildings on land formerly occupied by the Red Carpet Motel, at Main and Water streets in downtown Toms River. The units will contain 281 apartments and about 14,800 square feet of retail space. A small amphitheater will be part of the project.

Rainone and other members of the firm have counseled municipal clients on "significant redevelopment projects" in Newark, East Brunswick and Burlington City.

"I hired them. They are a great firm," Rodrick said Thursday. Rainone's law partner Coughlin is a Democrat, while the Toms River council, despite its factional splits, are all Republicans.

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

This article originally appeared on Asbury Park Press: Toms River mayor hires powerbroker lawyer for redevelopment fights