Avalon Makes Emergency Beach Replenishment Agreement with DEP

AVALON – Borough Council signed an interim State Aid Agreement via resolution to enable matched funding from the Department of Environmental Protection (DEP) for much-needed beach fill projects at the north end.
The DEP provided written agreement via email to reimburse the borough 75 percent, about $1.8 million, of the project costs not to exceed $2.4 million for beach fill about an hour before the special meeting June 19, Public Relations Officer Scott Wahl said.
The borough agreed to install one portable bathroom between 9th and 18th streets, where 225,000 cubic yards of sand will be placed.
The project could start as early as June 24 because Great Lakes Dredge and Dock Company is currently finishing a project 15 miles up the coast in Ocean City, Borough Engineer Thomas Thornton said.
The borough will save about half a million dollars in setup fees because the dredging equipment is already nearby, Council President Joseph Tipping said. The borough is in the process of finalizing an agreement with the dredge company.
This provisional emergency beach funding agreement does not affect the borough’s pending lawsuit with the DEP over the broader State Aid Agreement.
“This doesn’t compromise our rights otherwise,” Solicitor Stephen Barse said.
“Even though Avalon has a legal challenge pending against the New Jersey Department of Environmental Protection in connection with the state’s shore protection funding requirements, we were able to convince the DEP that we need help in the north end of town,” Mayor Martin Pagliughi said via press release.
“We’ve never been afraid to put local dollars into beach projects, especially when an emergency condition exists,” Tipping said.
“In order for Avalon to get the beach project, we had to make a financial commitment. Fortunately, Avalon has managed its finances well over the years to have the local money available without an impact on the tax rate.”
The boroughs is initially funding the project with the premium of a $1 million bond sale from last May and with funds approved last year for emergency beach fill.
This beach fill project is the first of two anticipated beach fills for the north end.
Officials are also working on securing agreements with state and federal officials for a follow up beach fill in late 2008 or early 2009, which would use $1.5 million in federal funding.
Avalon still has a pending legal challenge against the New Jersey DEP regarding a State Aid Agreement calling for 24/7 unfettered access to all beaches, waterways, and marinas.
Avalon officials met with DEP Commissioner Lisa Jackson on June 12 to negotiate this beach fill project and offered solutions to some areas of disagreement with the State Aid Agreement the borough has continued to refuse to sign.
“I believe the NJDEP knows there are serious flaws with their proposed public access rules,” Pagliughi said.
“We’ll let the courts settle that issue. For now, the important issue here is that both sides were able to strike an interim agreement that gets sand on the beach, and with the state paying for most of the work.”