Five-minute read
Asbury Park Press
TOMS RIVER -- A Township Council majority took the first step to buy or seize Christ Episcopal Church via eminent domain at an April 30 meeting attended by about 150 parishioners and supporters who passionately argued that the church property should not be turned into a park.
Several of the speakers, including some homeless people, praised the outreach work the church has hosted for homeless individuals, as well as support groups like Alcoholics Anonymous and Narcotics Anonymous, that meet regularly at the Washington Street church. Critics of the proposal have argued it is retribution against the church for seeking to add a homeless shelter there.
"I come to you without yelling, with respect," said Gregory Andrus, founder of the Portraits of the Jersey Shore Facebook group. "I want you to know that I used to be homeless. I used to be an on-again, off-again alcoholic. It was a church who took me in. My life started turning around. … When you go after a church of faith, you are losing the faith of the people."
Council members voted 4 to 3 to introduce an ordinance allowing Toms River to buy, or take through eminent domain, the 11-acre church property, along with three private marinas along the Toms River and an empty lot. A public hearing and vote to adopt the ordinance is scheduled for 4 p.m. May 28.
Mayor Daniel Rodrick envisions the land as part of an expansive waterfront park which will also include downtown's Huddy Park and the site of a former boatworks on Robbins Parkway.
Before the start of the April 30 meeting, township Engineer John Miele place poster-sized photos of the Toms River riverfront, along with a large schematic of the planned park on the church site, at the front of the L. Manuel Hirshblond meeting room.
The schematic of the Episcopal Church site shows a large soccer field where the house of worship stands, a skate park located adjacent to Washington Street, a ship-themed playground, and eight pickleball courts near the rear of the property. The mayor has argued that there are few recreational opportunities for the 20,000 residents who live south of Route 37 near the downtown.
Council President Justin Lamb, Vice President Craig Coleman and council members Bill Byrne and Lynn O'Toole voted in favor of the acquisition ordinance, while Councilmen Thomas Nivison, David Ciccozzi and James Quinlisk voted against it.
The vote happened after Nivison's attempt to table the measure failed, with only him, Ciccozzi and Quinlisk supporting it.
Nivison frequently raised his voice during voting on the motion to table the ordinance. "Do the right thing, Craig, for the first time this year," he said before Coleman voted not to table the measure.
"Why, Lynn?" Nivison said to O'Toole, his voice rising. "You hate God, you hate Christ? You hate humanity? You hate homeless people?"
Nivison's remarks were greeted by loud applause and cheers from the rowdy crowd. They also applauded Quinlisk and Ciccozzi when they voted against introducing the ordinance.
"There is no way on God’s green earth that anybody should vote for this ordinance," Quinlisk said, to cheers from the audience. "This is bad in every direction."
"They have gone too far," Ciccozzi said before voting no.
Several people who spoke at the council meeting argued that the attempt to acquire the church is related to Christ Episcopal's attempt to get Board of Adjustment approval for construction of a 17-bed overnight homeless shelter on the its property.
"We cannot demonize a church when they are doing the work of the Lord," said Woodbine Lane resident Angie Feldman. "I don’t know whether you believe in Christ or believe in God, but when you start messing with His children, you've got a lot of trouble."
"I am a member of Christ Church since 2007, my children were part of that church," said Eileen Schilling of Mulberry Street. "I am on the board of Interfaith Family Services, providing services to homeless people who were working poor. … Participating in many evenings with our guests at Christ Church, with both myself and my children, I was proud to be part of the community."
The church property, which is owned by the Episcopal Diocese of New Jersey, is not for sale. Before the start of the council meeting, Michael York, a lawyer whose Toms River firm represents Christ Episcopal Church, notified Assistant Township Attorney Peter Pascarella that any attempt to seize the property through eminent domain is likely to prompt a lawsuit from the church and the diocese.
He noted that the church has an application pending before Toms River's Board of Adjustment to build a 17-bed overnight shelter for unhoused men and women at the parish house on the church property. Public comment and a likely decision on the church's application is expected at the May 22 zoning board meeting.
"It is clear and obvious that the township and Mayor Rodrick are acting in bad faith and have ulterior motives," York wrote. "Clearly, they are not even trying to hide their actions. This attempt to use eminent domain as an excuse to obtain property is not disguised in this instance. Adding a property as a last minute Council agenda item is clear and obvious bad faith.
"Should the Township continue down this path, we will have no choice but to seek all remedies at law and equity," York continued. "Quite obviously, this will include a Section 1983 claim against all individual members of the Town Council and all members of the Township Staff who knowingly participated in this bad faith action."
A section 1983 claim under federal law gives individuals the right to sue state and local government employees for civil rights violations, such as freedom of speech, freedom of religion, due process, equal protection and protection against unreasonable searches and seizures. The law allows individuals to seek damages, injunctive relief and attorney's fees for violations of their rights.
Jean Mikle covers Toms River, Seaside Heights and several other Ocean County towns. She is also passionate about Asbury Park's musical history. Contact her: [email protected].