A local councilman is suing to stop Sea Bright from using taxpayer funds for a new bulkhead, a challenge that could jeopardize a major flood-control project in the borough.
Councilman Marc Leckstein filed the lawsuit Friday in Monmouth County Superior Court to overturn the council’s Sept. 15 decision to use $2.5 million in local tax revenue for the project.
Leckstein, who is an attorney, and four residents are seeking to invalidate the bond ordinance used to fund roughly 1,700 feet of raised bulkhead south of the Rumson-Sea Bright Bridge.
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The lawsuit alleges the borough is unlawfully using taxpayer money to construct bulkheads on private property, arguing the improvements will primarily benefit homeowners and ultimately become private assets.
“For whatever reason, they are determined to give free bulkheads to people, and that baffles me, and it baffles a majority of people in town,” Leckstein said in an interview.
The council approved the bond ordinance by a 4-1 vote, with Leckstein casting the lone “no” vote and Councilwoman Heather Payne abstaining.
Leckstein also claims Councilman Jeffrey Booker had a conflict of interest when he voted for the bond ordinance. According to the lawsuit, Booker lives at The Waterways, a 22-unit bayfront condominium complex that stands to benefit from the project.
Booker did not respond to a request for comment from NJ.com.
The project has advanced after years of concerns from residents, businesses and officials about flooding in Sea Bright, a narrow barrier-island town near Sandy Hook. Attempts to raise the bulkhead have stalled because local officials have failed to secure federal and state funding.
Sea Bright was among the towns devastated by Hurricane Sandy in 2012. Immediately after the storm, borough officials reported that the town sustained about $400 million in damage.
Most recently, flooding caused by a slow-moving nor’easter overwhelmed the town and much of the Jersey Shore in late September.
Up and down the coast, shore towns like Sea Bright are raising the alarm about flooding and the effects of sea-level rise. Based on high-end estimates from the National Oceanic and Atmospheric Administration, most of the borough’s back-bay area could be underwater if sea-level rise reaches 10 feet.
Councilman Jon Lamia, who voted in favor of the ordinance, said he wants Sea Bright to shed its image as a town that floods regularly.
“I was sitting in the Columbus, Ohio, airport, and the person next to me asked me where I live,” Lamia said. “I said Sea Bright, and she said, ‘Oh, the town that floods every month.’ I don’t want to be known as that town if we can mitigate it.”
To protect the town, the borough created its flood mitigation project after initial plans were presented to the U.S. Army Corps of Engineers, said Councilman Erwin Bieber, the elected official spearheading the effort.
Sea Bright has already installed pump stations and valves across the island to control flooding. To complete the project, officials signed three-year easements with 11 property owners, allowing access to raise the bulkhead to 7 feet above the high-tide line, Bieber said.
“Everybody that’s looked at it has said this will work,” Bieber said.
Leckstein said that, as an alternative, the borough should consider special assessments for the proposal, meaning property owners would ultimately be responsible for covering the cost.
Under Leckstein’s proposal, the borough would use the bond ordinance to provide the money up front and require property owners receiving a new bulkhead to pay the borough back.
“There’s no reason why whatsoever that the council couldn’t reverse course and do this correctly today and not miss the beat,” Leckstein said.
Sea Bright previously sought grant money from the Federal Emergency Management Agency to fund the project, Bieber said.
Bieber said FEMA declined to fund the project because the agency believed the growing number of homes elevated after Superstorm Sandy would reduce flooding impacts and future assistance costs.
FEMA officials did not respond to requests for comment.
After FEMA declined to fund the project, Sea Bright approached the state Department of Transportation as flooding repeatedly hinders travel on Route 36, a state highway that stretches the entire length of the borough.
The department rejected the request in May, saying the agency could not provide funding because the easements are not permanent and fall back on the property owners.
The department did not respond to a request for comment.
With no other options, the borough moved to use its own money to cover the cost, saying that doing so was affordable and would not require large property tax hikes.
“Because we tried for years to get funding from external sources, we have two choices ? do nothing and let the town continue to flood, or try to find a way to build the bulkheads in the downtown area," Bieber said.
Bieber argues the borough can lawfully use taxpayer funds for the project because it is needed to benefit the community as a whole. Sea Bright officials have cited 1961 guidance from the New Jersey Attorney General, which allows local funds to be spent on multiple parcels of property for shore protection.
“We have a solution that would cost the average homeowner $8 a month, and we have this nonsense to stop it,” Bieber said. “It’s disgraceful.”
As the court case begins, Sea Bright will receive one significant tool against flooding.
The U.S. Army Corps of Engineers is preparing to launch a much-needed beach replenishment in the borough, and the project is expected to be completed in March 2027.
The beach nourishment comes after Sea Bright endured some of the most alarming erosion in Monmouth County, particularly north of the Ship Ahoy Beach Club. The erosion exposed rock pilings that otherwise would have been covered by sand.