Beach Control? No Way, Say Freeholders

CREST HAVEN – Bumper stickers declare, “Life’s a beach.” Cape May County freeholders said “no” to taking control of roughly 30 miles of beaches, Cape May Point to Ocean City.
Specifically, the board on April 9 unanimously passed a resolution that opposed Senate and Assembly bills (S-2601 and A-3891) that would permit the county to assume control and responsibility for operation and maintenance of Atlantic Ocean beaches.
Sponsored in the Assembly by Deputy Speaker L. Grace Spencer, (D-29th) of Newark, and in the Senate by Sen. Bob Smith (D-17th) of Piscataway, the bills would, if enacted, give exceptional power and responsibility to the counties of Cape May, Atlantic, Monmouth and Ocean “to assume the control and responsibility for the operation and maintenance of the beaches that border the Atlantic Ocean within each county,” according to the bills’ statement.
The freeholder board was mindful of the battle that ensued in December 2012 over beach fees.
That was when mayors, including Sea Isle City Mayor and Freeholder Vice Director Leonard Desiderio, and other officials representing six county municipalities that charge fees to access beaches convened in Sea Isle City to voice opposition to proposed legislation that would require beach towns, accepting federal or state funds for beach replenishment, to provide free beach access.
At the time, that legislation had as much local support as a rainy Fourth of July Weekend at the shore.
The newest proposed bills would permit the county to do what is now unthinkable. “A county might choose to do this in order to establish a uniform beach fee and beach tag system within the county, to establish a uniform policy with respect to beach improvement, maintenance, and dune construction for the protection of properties near the beach, and to realize economies of scale by dealing with the maintenance and operation of all of the beaches within the county through one entity,” the statement adds.
The bills’ statements add, “For bonding and budget purposes, the operation of the beaches would constitute a public utility of the county. Revenues and expenditures of the county beach utility would be required to be reported in detail on the same Internet website that the county budget is published.
“The bill also provides counties that assume the control of beaches with an exception to the 2.5 percent cap on increases to final appropriations of the previous year for expenditures relating to the operation and maintenance of the county-controlled beaches.”
For its part, the board’s resolution states, “Cape May County would be actively impacted by the legislation.” It also noted, “The Cape May County municipalities with beaches bordering the Atlantic Ocean and Cape May County oppose legislation authorizing a county to assume responsibility and control for operation and maintenance of Cape May County beaches.” The Assembly bill was introduced Feb. 26.
Making the bills further distasteful to the local freeholders was that “The County may also exercise the power of eminent domain in order to erect dunes to protect lands, property, and facilities located near the beaches.”
Kicking more sand in the faces of beach towns, the legislation would add, “The imposition of uniform county-wide beach fees shall supersede the imposition of any municipal beach fee and the authority of a municipality to collect its own beach fees shall expire.”
In keeping with some provisions regarding beach fees, the proposal would allow “A municipality [may] by ordinance, or a county, by ordinance or resolution as appropriate, may provide that no fees, or reduced fees, shall be charged to: Persons 65 or more years of age.
Persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act.
Persons in active military service in any of the Armed Forces of the United States and to their spouse or dependent children over the age of 12 years.
Persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training and to their spouse or dependent children over the age of 12 years.
Contained in the freeholders’ resolution was that a copy would be sent to the governor and lieutenant governor, all key legislators, and affected board of freeholders north of the county.