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Toms River council tables retention of special affordable‑housing counsel amid dispute over missed court deadline
Summary
After heated debate about a missed March 15 deadline tied to the town’s fair‑share plan and a builders‑remedy lawsuit by developer Meridia, the council voted to table resolutions to retain special affordable‑housing counsel and related items so members can complete required Faulkner Act training and seek further legal advice.
The Toms River Township Council on April 8 tabled two resolutions to retain special affordable‑housing legal counsel after an extended and often contentious exchange over whether township leaders failed to request a court extension that preserved immunity from builder’s‑remedy lawsuits.
Council members spent much of the meeting arguing about a March 15 deadline connected to the town’s round‑4 fair‑share plan and an ensuing lawsuit filed by Meridia on March 24. One council member said the text of the council’s own retention resolution acknowledged the deadline was missed. That council member argued, “Your own resolution recognizes that you missed the deadline,” and urged caution before awarding legal work that could be challenged as procedurally improper.
A legal advisor responding to procurement concerns told the council that a “non fair and open award for attorney services does not require public advertising of the solicitation itself,” but that notice must be published after a contract is granted. Other council members and the public pushed back, saying the mayor and administration had not provided adequate public information before the deadline and that independent Mount Laurel expertise was needed.
Facing conflicting legal advice and vocal public comment, the council moved to table items 8 and 9. The motion to table was made by Councilman Aber and seconded by Councilwoman O’Toole; the motion carried and the two items were tabled to allow further legal review and for council members to complete proposed training on the Faulkner Act.
The dispute also highlighted the larger litigation timeline: the township filed for an extension around March 25 and later secured an order extending the township’s deadline; council members said they needed additional independent legal guidance on whether that action and other steps preserved the town’s protections in ongoing Mount Laurel litigation.
Council discussion made clear the panel will return to this matter after members receive legal briefings and the training required by the recently adopted governance resolution. No contract or payment was authorized while the matter is tabled.
