Veto Override Fails In Brick Restructuring Vote
Councilman forced to abstain after legal opinion
An attempt to veto Mayor Stephen C. Acropolis' veto of a controversial ordinance that sought to restructure Brick's municipal government failed Tuesday night.
A pair of ordinances that made up the restructuring both passed in 4-3 votes last month, but a supermajority of five votes was required for the override resolution to be passed by the township council.
Though one of the three council members who voted against the ordinances last month – Councilman Bob Moore – switched sides and voted in favor of the override, Councilman Dan Toth was forced to abstain after Acropolis delivered a lengthy legal opinion from a conflict attorney advising Toth against voting on the measure.
The lack of Toth's vote meant a supermajority of council members voting in favor of the override was not achieved.
The ordinances have proven controversial, with opposing views on whether they would save money or cost money. Council President John Ducey said the restructuring was "simple math," eliminating several positions and adding fewer new ones, which would save $418,000. But administration officials said when factoring in bumping rights and employee benefits, the move could have cost $130,000.
But the biggest surprise of Tuesday night's vote was Toth's abstention, which came after the entire council, plus the mayor and township attorney, held a closed-door executive session meeting after Acropolis revealed a legal opinion rendered by Toms River attorney Robert C. Shea.
Shea, a conflict attorney for Brick, rendered the opinion that Toth should not vote on the matter because of allegations by the mayor that he lobbied the township building department to expedite permits for businesses in town – Joe Canal's and Tenali Wines – that eventually became his clients.
The six page opinion, of which Brick Patch obtained a copy, contends Toth may have violated state ethics laws and the matter should be referred to the state Local Finance Board as well as the Ocean County Prosecutor's Office. The document also states Toth should "recuse himself with regard to any issues relative to the land use department, the building department or certainly any issues involving the employment of [name redacted], or for that matter, any of the employees of the building department and/or the land use department."
The redacted name in the document is presumably that of building department head and deputy township administrator Juan Bellu, whose job would have been eliminated in the restructuring process.
Toth, after returning from the executive session, said he decided to abstain from the override vote "based on an opinion that was drafted today by a local attorney."
He also said his abstention went beyond the potential conflict issue.
"Some things aren't worth the fight," said Toth. "I just don't think it's worth putting the township through any financial problems."
Earlier in the meeting, township attorney Jean Cipriani said future disputes over the restructuring could have been decided by an Ocean County Superior Court judge.
Moore did not explain his reasoning behind switching sides during the meeting.
The failure of the override vote visibly angered Councilman Jim Fozman, who expressed his displeasure with the outcome.
"People are arguing about cutting and saving money," he said. "It's ridiculous."
Ducey, who spearheaded the override effort, was also upset with the outcome.
"We're up here trying to save money," he said. "He's over there trying to spend money," he said, referring to Acropolis.
"We'll look at other ways to save money and we'll come up with other ideas," Ducey said.
Toth said near the end of the meeting that Shea's legal opinion accused him of "everything except kidnapping the Lindbergh baby," and that he has helped "hundreds" of constituents navigate the red tape of municipal government.
"No matter what the mayor says, I will always be here to help any constituent," said Toth.
With the override resolution failing, the restructuring issue is effectively dead.
Bob Stead
6:48 am on Wednesday, October 17, 2012
Dan Toth and Dom Brando need to go. Enough is enough. Sad state of affairs.
Ryan Meyers
7:11 am on Wednesday, October 17, 2012
Toth has been so vocal about this....and then all of a sudden after a behind "close door" meeting he "abstains" Would love to know if the rumors that Juan has been questioning building inspectors about Toth, had anything to do with his change of heart.
Joseph Woolston Brick
6:47 pm on Wednesday, October 17, 2012
Toth was the one person I was seriously thinking of keeping in office while all the others were kicked out the front door. No more, Dan you can start packing now, I'm sure Steve and what's left of his cronies, may have some extra boxes to lend you and if you ask nicely maybe even share their you packing tape as well. Bye Bye Dan, when you grow a set, try running for office again. Not as a council member but as dog catcher. After all you will fit in with the rest of the pups that put their tails between their legs.
Dave Barket
7:20 am on Wednesday, October 17, 2012
I agree with you Ryan. Dan Toth needs to go and he needs to take his friend Dom Brando with him.
Jerseyclone
7:46 am on Wednesday, October 17, 2012
Once again, the Brick Bully, little Stevie Acrapolis puts the himself and his political friends above the taxpayers of Brick. He has to go and the sooner the better. Where is the the Federal Prosecutor when we need him.
Minimew726
7:55 am on Wednesday, October 17, 2012
What a sad day in Brick. Aren't there anti-bullying laws that apply to the Mayor?
Suzie A.
7:57 am on Wednesday, October 17, 2012
Cant wait til next November when we can get rid of these clowns!
Chas Forth
8:26 am on Wednesday, October 17, 2012
I agree-start with Toth and Brando.
Minimew726
8:20 am on Wednesday, October 17, 2012
Ryan Meyers.... Toth was threatened behind closed doors. That's why he abstained. Didn't you read the article? Politics as usual here in Brick. We can't get rid of the buddy jobs Acropolis created
Ryan Meyers
7:34 pm on Wednesday, October 17, 2012
Threaten with revealing truths ? Why would anyone give in to threats unless they were afraid of what was going to be revealed ? I had heard building inspectors were being interviewed all last week. There may be more to come with this, we'll see.
BW
8:22 am on Wednesday, October 17, 2012
AHHH Yes, Acropolis an his dirty politics strike again. Again acting like a 3 year old threatening to take his ball and go home if you dont play by his rules. Once a bully, always a bully.
OFF TOPIC: If Acropolis hates Toth so much, why do they rent their GOP headquarters from his step mom?
Stop The Gluttony in Brick Township
10:26 am on Wednesday, October 17, 2012
BW...do you ever have anything else to say besides Acropolis acts like a 3 year old with his ball? Toth wasn't threatened, his stupid actions were put in black & white and when he realized the consenquences, he backed out. Simple. I don't think the mayor was being a bully or behaving like a child. There were just to many unanswered questions regarding this. They (the council) can save us money by restructuring contracts. I.E. do township workers really need a paid day off for election days or Martin Luther King Day, why can't they contribute more towards their benefits, Ducey & Fozman can give up their tax-paid insurance, wages can be adjusted, hours can be adjusted, depts can be merged, etc.. The whole bunch of them, council, mayor, business, attorney, need to come together, choose their battles wisely, & do what is best for the residents. Bashing & name calling any of them makes you just as weak as they are. So, maybe you should take your ball & go home if you don't like the outcome. Just saying.
OceanCounty
8:28 am on Wednesday, October 17, 2012
Wow, you guys blame Acropolis for being a bully; yet it was obvious Toth abstained for an obvious reason.
I'm glad the veto held because there were unanswered questions. Maybe both sides can begin to work together now to do what's right.
JD
8:30 am on Wednesday, October 17, 2012
How much did Acropolis spend in legal fees to defend Bellu???
The gilmore firm and shea firm?? Lots of money on legal opinions, etc. I would bet in excess of $25,000 spent on legal fees to save Bellu's job.
knarfie
8:38 am on Wednesday, October 17, 2012
This town is being run by a bunch of clowns and the taxpayers are paying for the show. Does anyone doubt that they are all self serving leaches. Ducey had a Democratic crony lined up for a big job and Acropolis had to protect Bellu to keep his job at the Toms River MUA. No one was looking out for the Brick taxpayers. You can take that to the bank.
knarfie
8:44 am on Wednesday, October 17, 2012
Sorry, meant "leeches" still bloodsuckers no matter the spelling.
Bart
8:55 am on Wednesday, October 17, 2012
Hey Ducly. you and your merry band of misfits and flip floppers like Mr Moore need to go.
Brick
8:55 am on Wednesday, October 17, 2012
How does Juan know Dan pushed the permits through? He's only there 1 hour a week. Plus hes Only a deputy dept head on paper. no where in writing does it say the town has a ABA or Deputy dept head for the building dept. What's the connection between Shea and Bellu? Steve and Juan love to play dirty politics.
Lori Morrison
9:18 am on Wednesday, October 17, 2012
If Toth was doing something unethical it should have been reported and investigated immediately. If he was still kissing the Mayor's ass and agreeing with everything he says there would be no problem.
Typical Obama Voter
8:56 am on Wednesday, October 17, 2012
Juan Bellu Steve to get his job at Brick Townhall and Steve Bellu Juan to get his job at Toms River MUA.
Thats how political nepotism works.
It's not who you know, it's who you Bellow.
FD
9:26 am on Wednesday, October 17, 2012
If Mr. Toth abstained from this vote then can't "they" and won't "they" pull out this trump card on any vote where "they" want to sway the vote?
By "they" I mean either side, Republican or Democrat.
This in my mind makes Mr. Toth a useless councilman and as such should resign now.
"Some things aren't worth the fight," said Toth. "I just don't think it's worth putting the township through any financial problems."
What kind of statement is this...you were voted in to fight, if there is something hanging over your head that prevents you from fighting, then you should resign.
I want fighters as my council folks, not puppets !!
The Greater Fool
10:48 am on Wednesday, October 17, 2012
I'm confused...how is it that Toth did anything different than ANY of the other politicians, including but not limited to Acropolis.I'm not saying it makes it right, but I know it goes on across the board. What went on IS bullying and the sad part is that NOTHING has been resolved. Why not give the people of the township all of the facts and let us vote...for once let us decide what is right or wrong for us...since WE are the ones affected...Oh and none of the nonsense that went on with the last vote should be allowed to take place. You know, when basically they held private town hall meetings in the 55+ communities and frightened them with their lives (literally speaking).
Chief Wahoo
11:05 am on Wednesday, October 17, 2012
Abstain for what?????......has nothing to do what they were voting on..... Toth needs to step down if he is not able to fight to save taxpayers money. Welcome to Bellu Township where the taxpayers are sheep.
Chief Wahoo
11:10 am on Wednesday, October 17, 2012
Funny how the mayor knows all the things Toth did wrong but never said a word about it until Toth voted against him. Property taxes higher and foreclosures higher because of the mayors corrupt actions. How is he still able to walk the streets of Brucktucky.
brick strong
11:14 am on Wednesday, October 17, 2012
It was illegaL what the dem's wanted to do what so hard to understand..Dan had a big conflict of interest. Simple to understand..and Bob hummm why the change in vote what were you promised...??
can't say who
11:24 am on Wednesday, October 17, 2012
Well the Mayor brought out his big hockey stick and proved he will beat up anyone who disagrees with him. Saving money is not the Mayor’soal. His way or the highway! Cut public works, only way to save money, King Accopolis want Ron Blu, he hired him and gave him huge raises, “He is the mayors man” Steve made it clear he will not lose his job or even have his money cut.. Is King Steve’s $100,000 job at the MUA in Toms River a real tit for tat? Talk about a real ethics investigation! IT WILL GET TO THAT AND Brick will have two MAYORS.in a row in prison. Every time I get close to the mayor, something smells. I check the bottom of my shoes and it was not something I stepped in. Lets get the BS about Toth out of the way and bring back the ord. for a vote.
Brick
11:28 am on Wednesday, October 17, 2012
If it was unethical then they should have filed charges.. Too late Steve and Juan to hide your criminal acts
Cosmo
11:37 am on Wednesday, October 17, 2012
I am just amazed. Very entertaining meeting.
Chief Wahoo
11:46 am on Wednesday, October 17, 2012
So to sum it up, the democRATS still haven't saved the taxpayers a penny and are still taking health insurance paid by the taxpayers. The republicants are still spending taxpayers money's on their cronyism.
Cosmo
11:50 am on Wednesday, October 17, 2012
And we are paying for them to argue back and forth with separate attorneys.
The Greater Fool
12:12 pm on Wednesday, October 17, 2012
That's it in a nutshell.
BrickWorkingMom
1:35 pm on Wednesday, October 17, 2012
Enough. Fire them all. Elect people who are not career politicians, just regular citizens of Brick who want the best for our town. No Democrats, no Republicans. I'm sick of politics and red tape and all the other crap that comes with all forms of government. Let's just get things done efficiently! In our 9-5 jobs, we'd be fired if we bs'd our way through each and every decision.
Stop The Gluttony in Brick Township
7:48 pm on Wednesday, October 17, 2012
So true
Brick
3:52 pm on Wednesday, October 17, 2012
So Steve hired another attorney weeks after criticizing Ducey going to Starkey. What happened to Gilmore Steve?
Crosby
4:02 pm on Wednesday, October 17, 2012
Oh boy, Shea has been the conflict attorney for years. Geeze...
AM
4:22 pm on Wednesday, October 17, 2012
Well, Mr. Mayor, you have stooped to an all time low.
Typical Obama Voter
5:21 pm on Wednesday, October 17, 2012
I bet Steve loses reelection by 5,000 votes, and he takes Brando and Toth and Sangiovanni with him.
Jack Lomonaco
5:39 pm on Wednesday, October 17, 2012
Toth and Brando need to go.
Art Sholty
5:54 pm on Wednesday, October 17, 2012
It looks like Bullet Dan got his ass told. All those poltical on his way out. I predicted this 6 months ago. We don't need Dan anymore
Ryan Meyers
7:29 pm on Wednesday, October 17, 2012
Your battle with Toth is personal, your refusal to acknowledge the wrong doings of the "R's" is obvious. Your opinion is meaningless to most.
Betty Williams
9:08 pm on Wednesday, October 17, 2012
I knew you would comment on this. I knew your broke back mountain buddy was gonna pull a fast one. Go old Steve was saving this thing against Dan for when he really need it . He knew all along what Dan did was doing was unethical and waited for the right time to use it to his advantage. I think the reason you hate Dan so much is he refused your hard bullet and now you feel scorned and a personal grudge against him. But Steve can do no wrong in your eyes even when there is proof and that he now has sunk so low and has done something himself so unethical. Get your head out of your butt and wake up. You clam your a so called man of God but your God is not the same as the rest of ours. He must be from another universe or maybe he's Romney's Mormon God. You know the Mormon's say that the Virgin Mary was not a virgin. So what do you think they call her? You know what! I'm sure your a Romney man. You see I know what kind of cult the Mormon's are because I was married to a Mormon and they have their own bible and book of Mormon's and they are crazy people and my husband couldn't get away fast enough. So mister so called Holy man wake up. And I think Mr Ducey and the rest of the council needs to look into this unethical crap that Dan and Steve are doing and maybe bring them both up on charges NOW!!!
oldsoldier
6:17 pm on Wednesday, October 17, 2012
I had to read this article a couple of times (got a chuckle out of it). I do have questions of both the Mayor and Councilman Toth.
To the Mayor: Why consult an outside attorney for an opinion? Isn't that why the Township has an attorney? Why couldn't the Township attorney present such an opinion paper on this "issue"?
Now to Councilman Toth: If you have no problems with helping your constituents, then why recuse yourself? In my mind, you would have done nothing to warrant recusing yourself.
In my opinion, at the local government level, elected officials are bound to personally know many constituents, and vice versa. I cannot believe any local elected official who "helps constituents" would be running afoul of some ethical issues, unless he/she has a personal stake in the matter. Otherwise, I believe most of our elected officials would have some level of "conflict of interest" in the course of doing their jobs.
I believe that this is, a prime (and sad) example of how we the people got it wrong. We voted for them, now we are stuck with them until the next election. Make no mistake about it: This is our faults because we voted them in. Remember this fiasco, and don't make the same mistake twice. Vote for the person, not the party.
brickedup
9:01 pm on Wednesday, October 17, 2012
What I don't understand is if Steve and Juan had all this dirt on Dan, enough dirt to go to the Ocean County Prosecutor's Office, why did they wait until now to spill the beans? Don't they have a responsibility to report any wrongdoings the second they uncover what is going on? Bellu is in big financial trouble, has been for a long time, it wouldn't surprise me in the least if he is the next Toms River flunky to be hauled in by the Feds. This does not pass the smell test, not at all.
brick strong
10:14 pm on Wednesday, October 17, 2012
You think if the Dem's got there plan throught and the law suites came that the prosecutor's may have had a few more people to look at...
Sal Petoia
3:00 pm on Thursday, October 18, 2012
For all you people who posted: If you are so dissatisfied with all the incumbents, you should petition for a change to non-partisan government, and if the referendum is approved, the door will open for new elections where anyone, not just the party handpicks, can run. Maybe then we will get representatives who will stand up for the people
disgusted homeowner
8:43 pm on Thursday, October 18, 2012
Is another corruption investigation just around the corner in good ole Bricktucky????????????????????????????????????????
disgusted homeowner
8:47 pm on Thursday, October 18, 2012
Chas Forth, you mean disabled ex-cop Brando who collects a FULL DISABILITY PENSION, draws a FULL TIME SALARY from the BTMUA and recently started up his own business????? I wish i was so disabled. He looks in good health at the coucil meetings..............................
disgusted homeowner
9:13 pm on Thursday, October 18, 2012
@BW, are you referring to the aging self proclaimed real estate queen Helen Fayad, 1 time brick councilwoman??? Wouldn't it be funny if she got pissed at the mayor and raised the rent on the gop headquarters.......HAHA mayor steve. BOOOOOO!!!!!
Fed-Up
10:25 am on Saturday, October 20, 2012
The government in our town is an EMBARRASSMENT! And this same old nonsense has been going on for years. Both parties are and have been the culprits that the citizens keep on financing. As a Rep. myself who (sorry to say voted the mayor) and has witnessed even before that time the back and fourth, tit for tat between the two parties. I would swear the Brick government spends more time on personal agendas then the well being of our town. I can recall b/4 the mayor was elected how the cat and mouse game were regular occurrences. Then the mayor was elected (his turn) as he proceeded to conduct his business dwelling on the past. Eventually the mayor gained more control and assembled a new poesy that just continued to try and one upping the the Dem.. over, and over. Now back in January the tables turn again and here we our in October and business is still as usual. In the meantime we have a revolving door of attorneys lining up at the town mac machine, elected officials with positions in someones MUA, trans dept, etc. appointed and or hired employees throughout that have a relationship with someone on the inside.And now this most recent episode this article is written about. Shame on both parties involved now and in the past. Business as usual and we are footing the bill. It's time for all of them to go! We need to stop funding this 3 ring circus and start campaigning for officials not in the current "membership"
Don't know about you but I'm Fed-Up!