Friday, December 13, 2024

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Avalon Council Briefed on Beach Access; New Municipal Court Judge Appointed

By Vince Conti

AVALON – Business Administrator Scott Wahl reported to Avalon Borough Council Jan. 13 on the borough’s involvement in a hearing in Trenton before the Senate Environment Committee. The issue was beach access rules.
A recent ruling by a state Appellate Court had overturned existing rules based upon the court’s determination that the Department of Environmental Protection (DEP) lacked legal authority to issue them.
The issue, according to Wahl, has been of great importance to the borough since the administration of Gov. Jon Corzine when the state attempted to impose what Wahl called “one size fits all” rules.
The rules that had been overturned by the court moved away from uniform access requirements and returned greater latitude to local communities in granting beach access. This flexibility is welcomed by beach communities like Avalon, but has been criticized by groups that claim some communities use the latitude to make it more difficult for outsiders to visit their beaches.
Wahl made clear that the Trenton hearing was to allow the Legislature to give the DEP legislative authority required by the court and did not represent any return to uniform access requirements.
Turtles
Regarding pending legislation in Trenton, council also passed a resolution of support for legislation that would categorize diamondback terrapins as non-gaming species, thus protecting the turtles from harvesting. Council had heard comments from the Wetlands Institute at an earlier meeting urging it to support the legislation.
Martha Wright used the public comment period to thank council for support of the legislation and asked about fencing that normally discourages the turtles from attempting to cross Avalon Boulevard.
The protective fencing was removed to allow for installation of the Atlantic City Electric poles as part of the utility upgrade of transmission lines to the island. Wright and others were assured the fencing will be replaced as soon as the utility’s work is completed.
Court
With the pending retirement of long-serving Municipal Judge George Neidig, Jr., council passed a resolution appointing Dorothy Incarvito-Garrabrant as judge of municipal court.
Incarvito-Garrabrant became only the second female to serve as a municipal court judge in the county’s history when she assumed the position as judge in West Cape May in 2011. She serves in that capacity in Middle Township, Wildwood and West Wildwood.
Another change related to the borough’s court system was the selection of Frank Guaracini, of the firm of Blaney & Karavan, as municipal prosecutor. 
The appointment was necessitated by the recent appointment of Michael Donohue, the previous prosecutor, as a judge of Superior Court.
Golden Inn
The Golden Inn a local landmark for 50 years was recently sold to the hotel company Icona Resorts. Eustace Mita, owner and founder of Icona, was present at the meeting when transfer of the establishment’s liquor license was discussed.
Mita noted that the property has had only two previous owners in its 50-year existence.  He said he has been interested in acquiring the property for years because his company feels that the area market is underserved by upscale hotel and resort space.
To contact Vince Conti, email vconti@cmcherald.com.

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