Connors, Rumpf & Van Pelt Weigh in on Bill to Consolidate All Municipalities on LBI

December 5, 2008

Contact: Jason Smith / (609) 693-6700
Assemblyman Brian Rumpf (R-9), Senator Christopher J. Connors (R-9)

Warning that voters could potentially be disenfranchised of their right to decide the fate of their own communities, Senator Christopher J. Connors, Assemblyman Brian E. Rumpf and Assemblyman Daniel M. Van Pelt, all R-Ocean/Burl./Atl. today publicly stated their position on legislation (A-3490) that proposes to consolidate the Boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom, Surf City and the Township of Long Beach into one municipality to be known as Long Beach Island Township.

In a letter sent to the bill’s prime sponsor, Assemblyman Reed Gusciora (D-Mercer), the 9th District Delegation outlined the inconsistencies of A-3490 with existing state law adopted only last year that established a Commission and process for the consolidation of municipalities. Connors, Rumpf and Van Pelt made the following comments in their correspondence:

“Our deepest concern is that your legislation apparently seeks to circumvent a comprehensive and strictly defined process for municipal consolidation established under State law (C.52:27D-501) enacted only last year which, you voted in favor of, that created the ‘Local Unit Alignment, Reorganization and Consolidation Commission.’ As you are aware, the Commission was charged with studying and reporting on the structure and functions of county and municipal government and recommending legislative changes which would ‘encourage the more efficient operation of local government.’ Within a two year-period of the effective date of the law, the commission shall report its findings to the Governor, the Senate President and the Assembly Speaker. To our knowledge, no such report has been issued.

“Based on its findings, the Commission is then required, under current law, to develop criteria for recommending, among other things, the consolidation of specific municipalities. Furthermore, ‘when a municipal consolidation is recommended by the Commission, the Commission shall substitute for a joint municipal consolidation study commission that would be formed…’ Perhaps most importantly, C.52:27D-508, section 8, subsection a, states that ‘upon taking effect of a consolidation or shared services proposal…each recommendation included therein shall be put before the affected voters at the next general election and shall become effective only upon its adoption by a majority of the voters of each affected municipality.’

“In effect, your legislation would not only bypass existing state law concerning the consolidation of municipalities but would also strip the citizens of the six municipalities located on the Island of their right to decide the fate of their communities and government. At the very least, your proposal is premature considering the extensive process that was agreed upon, overwhelmingly, by the Legislature through the adoption of the aforementioned legislation. Ultimately, we believe that, in the end, your proposal only represents yet another glaring example of Trenton pushing its own agenda with little, if any, consideration to the will of the people living in the Shore region. For these and other compelling reasons, we cannot support your legislation.”

Under A-3490 the Boroughs of Mantoloking, Lavallette, Seaside Heights and Seaside Park would also be consolidated into a municipality known as Seaside Township.

A complete copy of the Delegation’s letter follows:

December 5, 2008

Honorable Reed Gusciora, Assemblyman
15 Legislative District, NJ State Legislature
226 West State Street
Trenton, NJ 08608

RE: LEGISLATION (A-3490) TO CONSOLIDATE LBI MUNICIPALITIES

**Transmitted via facsimile to (609) 633-2179**

Dear Assemblyman Gusciora:

Our Delegation has had the opportunity to review, in detail, legislation you have recently introduced (A-3490) to consolidate various municipalities located in Ocean County which include those located on Long Beach Island. As you are aware, your proposal would provide for the consolidation of the Boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom and Surf City and the Township of Long Beach into one municipality to be known as Long Beach Island Township. Please be advised that copies of this legislation were sent to the mayors and governing bodies of each of these municipalities for their review and reference.

With all due respect, our Delegation has several concerns regarding this proposal and we have several inquiries we hope you could address. First, we are curious as to what prompted you to introduce legislation requiring the consolidation of municipalities outside of your own Legislative District? To our knowledge, no formal report has been issued by the state recommending these specific municipalities be consolidated.

Second, is your legislation based upon a request made by any government official representing part of the Island? We are not aware of the introduction or approval of a resolution or other municipal proclamation by any municipality on the Island calling for its consolidation with another municipality. Discussions have been held on the Island with regard to the sharing of local services and certain agreements have been reached. However, your legislation is far more expansive and reaching in that it would require the consolidation of six entire municipalities and thus apply to all municipal services and local governing bodies involved.

Our deepest concern is that your legislation apparently seeks to circumvent a comprehensive and strictly defined process for municipal consolidation established under State law (C.52:27D-501) enacted only last year which, you voted in favor of, that created the “Local Unit Alignment, Reorganization and Consolidation Commission.” As you are aware, the Commission was charged with studying and reporting on the structure and functions of county and municipal government and recommending legislative changes which would “encourage the more efficient operation of local government.” Within a two year-period of the effective date of the law, the commission shall report its findings to the Governor, the Senate President and the Assembly Speaker. To our knowledge, no such report has been issued.

Based on its findings, the Commission is then required, under current law, to develop criteria for recommending, among other things, the consolidation of specific municipalities. Furthermore, “when a municipal consolidation is recommended by the Commission, the Commission shall substitute for a joint municipal consolidation study commission that would be formed…” Perhaps most importantly, C.52:27D-508, section 8, subsection a, states that “upon taking effect of a consolidation or shared services proposal…each recommendation included therein shall be put before the affected voters at the next general election and shall become effective only upon its adoption by a majority of the voters of each affected municipality.”

In effect, your legislation would not only bypass existing state law concerning the consolidation of municipalities but would also strip the citizens of the six municipalities located on the Island of their right to decide the fate of their communities and government. At the very least, your proposal is premature considering the extensive process that was agreed upon, overwhelmingly, by the Legislature through the adoption of the aforementioned legislation. Ultimately, we believe that, in the end, your proposal only represents yet another glaring example of Trenton pushing its own agenda with little, if any, consideration to the will of the people living in the Shore region. For these and other compelling reasons, we cannot support your legislation.

Finally, our Delegation is interested in knowing whether you also intend to introduce legislation requiring the consolidation of Princeton Borough and Princeton Township located within your Legislative District? It is our understanding that Princeton Borough is a “donut” town located within the borders of Princeton Township, perhaps making both towns of interest to the Commission.

Thank you, in advance, for your priority attention to this communication. As always, we look forward to working jointly with you in the State Legislature in service to the people of New Jersey and the 9th Legislative District. Kind regards.

Sincerely,

CHRISTOPHER J. CONNORS
Senator – 9th District

BRIAN E. RUMPF
Assemblyman – 9th District

DANIEL M. VAN PELT
Assemblyman – 9th District

CJC/BER/DMV/js:km

Cc: Barnegat Light Mayor and Governing Body
Beach Haven Mayor and Governing Body
Harvey Cedars Mayor and Governing Body
Long Beach Township Mayor and Governing Body
Ship Bottom Mayor and Governing Body
Surf City Mayor and Governing Body

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