Toms River mayor, councilman start shouting match over what to do with animal shelter

TOMS RIVER - The Township Council agreed to lease Toms River's Animal Shelter to Ocean County for $1 a year, in spite of pleas by numerous residents and an impassioned attempt by Councilman Thomas Nivison to table the measure.

"I have not heard one person tell me they want the shelter to go to the county," Nivison said, before he made an unsuccessful attempt to table the shelter lease ordinance indefinitely. "My constituents, not one person."

The council voted 4 to 3 to lease the building to the county for $1 annually for 30 years. Nivison and Councilmen James Quinlisk and David Ciccozzi voted against leasing the building, while Council President Craig Coleman, Vice President Lynn O'Toole and Councilmen Justin D. Lamb and George Lobman voted in favor of the lease.

The lease must be approved by the county to go into effect; the Ocean County shelter system is run by the Board of Health.

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Township Attorney Gregory P. McGuckin said the lease contains a clause that allows the township to reclaim the shelter if the county fails to utilize it, after giving the county 60 days notice. Either the county or the township can also terminate the lease agreement after giving the other party 120 days notice, McGuckin said.

The council took action after a lengthy public comment period in which a number of speakers panned the idea of leasing the shelter to Ocean County. Residents and workers at animal rescue groups praised the workers at the Toms River shelter. Michael Cohen, a part-time kennel aide at the facility, said that during the past two years, the shelter has earned a "no-kill" designation, which means 10% or fewer of the animals there have been euthanized.

"We are able to afford all our intakes the necessary time that they need to find the right adopter," he said.

Dr. Robert Cimer, a Toms River resident and veterinarian who worked with the Toms River shelter for 15 years when his practice was located in town, was one of many to question what would happen to such as like rabbits, guinea pigs and reptiles, which are not accepted at Ocean County's shelter. Toms River's shelter accepts those pets, and also accepts injured wildlife if local wildlife rehabilitators cannot immediately take those animals.

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"The pet and wildlife concerns of a town of 100,000 people are far too great to be a satellite facility of the county shelter," he said.

Nivison, who owns Silverton Farm, previously was able to get council majority support to indefinitely table a measure that would have privatized animal control in Toms River, eliminating the jobs of the township's four animal control officers.

He was not successful Wednesday night, and got into a shouting dispute with Mayor Daniel Rodrick, his running mate in last year's election for mayor and three council seats.

Councilman Lamb made an initial motion to approve the lease agreement with the county, but Coleman allowed Nivison to speak before a vote on the motion. Nivison made a motion, seconded by Quinlisk, to table the measure, saying he had just received the lease minutes before the council's 6 p.m. meeting, and had only read it quickly. Even so, he said, he "found lots of problems with it", including the 30-year length of the lease.

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"First of all, who gives a lease for 30 years, right off the bat?" Nivison said. "Unheard of. … I have lots of problems with this lease. I have problems with the county taking it over. The mayor knows how passionate I am about this. I say table it, and we'll revisit it another time."

Nivison received a standing ovation from the audience.

When Township Clerk Mike Cruoglio called on a vote for the motion to table, Rodrick interrupted, saying, "There was a motion from Councilman Lamb on this. … It came before that motion!"

"There was a motion to table this!" Nivison yelled.

"There was a motion from Lamb for 12!" Rodrick said, raising his voice. The lease ordinance was number 12 on the agenda.

"We need to tear the Band-Aid off!" Nivison said to Coleman.

McGuckin explained that a motion to table always takes precedence. The council majority defeated the motion to table, and then approved the lease. "Cowards!" a woman shouted out from the audience.

"This is B.S., I'm sorry. We just voted on something, we have no idea," Nivison said. "I know I'm out of line. Throw me out."

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 animal shelter leads to shouting between mayor, councilman