North-End Beach Project Dodges a Big Delay
An emergency City Council action allows work to continue.
Photos
Pdfs
The massive beach replenishment project underway on the north end of Ocean City almost came to an abrupt halt on Thursday as officials debated whether dredging crews had permission to be on the beach.
City Council passed an emergency resolution authorizing the city to take control of a beachfront lot, where crews were going to have to stop, dismantle an underwater pipeline and reconnect it down the beach on the other side of the lot.
The delay and reconfiguration could have cost Ocean City as much as $2 million and left a block-long gap in the beach-widening project, according to City Solicitor Dorothy McCrosson.
McCrosson briefly dashed out of Thursday's meeting immediately after Council passed the resolution to let the dredging supervisors know that work could continue.
At issue is a lot known as Block 72.01, Lot 1 on a tax map (see attached PDF for the map and documentation on the resolution). Ocean City residents and visitors would know the lot as the actual beach between the jetties at Morningside Road and North Street.
The paper lot was not at issue during several previous beach replenishment projects, but the state Department of Environmental Protection is requiring Ocean City to obtain new easements in many areas, giving permission for work to proceed.
The lot in question is presumed to be owned by the City of Ocean City, but the city has been unable to find deeds that would confirm the ownership, according to McCrosson.
So the city invoked a statute that allows governing bodies on the Atlantic Ocean or Delaware Bay to take control of property to repair, restore or replace protective barriers if there is a threat to life and property.
If it's determined that the city does not own the lot, property owners could later sue for compensation from the "taking" of their land. The city informed adjacent property owners that they could possibly be entitled to just compensation.
But McCrosson said measurable damages to beachfront owners from widening the beaches in front of their properties, if any, would likely be smaller than the multimillion-dollar cost of a delay in the project.
Jeanne and Vince Hubach, owners of the Beach Road property where the North End Beach Grill is located and on the landward side of the property in question, spoke against passage of the resolution during the public comment period of the City Council meeting.
"It will only lead to more taxpayer-funded litigation," Jeanne Hubach said.
The Hubachs have not signed an easement allowing work on their property.
Vince Hubach said he is not opposed to beach replenishment and that he "just wants to see the city follow rules."
He said he wants information on dune heights and access.
Their property was the only place on the island where the ocean reached the streets during the nor'easter that hit Ocean City on March 6 and 7. City crews were unable to extend a protective berm in front of it.
The beach replenishment project will work around their property on the upland side of the beach, but the resolution will allow dredging crews to proceed in an uninterrupted line southward.
John Hay
7:34 am on Sunday, March 17, 2013
Free Hurricane Sandy desktop clock timer here:
http://www.orijinations.com/HTML/JH/SandyDay.html
Works on all desktop and laptops. Sorry, not all SmartPhones.
Hello North end. We're pulling for you.
A SouthEnder.
Karen Larkin
9:24 am on Sunday, March 17, 2013
One more severe storm could wipe out homes in the north end. I saw how close the ocean now is and have seen what could happen from pictures of past storms. Any delay to beach replenishment would be a mistake.
vic
10:06 am on Sunday, March 17, 2013
the ocean came into the street in that area during hurricanes irene and sandy. it is an area that desperately needs beach protection from the ocean. the hubachs are just being recalcitrant because the city will not allow them to expand their so called restaurant on the beach.
are you kidding?
10:12 am on Sunday, March 17, 2013
Wow that's great too - that Dottie MCrosson jumped to it on this. Very impressive but then she works at the pleasure of the Mayor and she wants to make things happen when he wants to make things happen. No one, apparently, wants to make things happen in the south end of Ocean City. No one is jumping and running for the south end. Glad they reacted to this, though. It is important to protects peoples' property.
Eric Sauder
11:38 am on Sunday, March 17, 2013
The City did what it had to do and I agree with it. But its just one more situation where it wasn't on top of things. We should have known in advance that we had the easements. I just hope we don't get sued as a result.
I too would like to see the City follow the rules. Apparently we're now paying out something like $mill a year in settlements. This is hardly an isolated incident.
Eric Sauder
1:18 pm on Sunday, March 17, 2013
We keep doing things the way we do them because there's no other option. There's no other option because we didn't do what needed to be done in the first place. People tell me we're doing the best we can (given the circumstances.) The problem is with the circumstances we keep finding ourselves in. What it all amounts to is gross mismanagement. You see evidence of it everywhere.
Eric Sauder
1:22 pm on Sunday, March 17, 2013
I don't mean to be overly critical here but there needs to be a change in the way we do things. This is crisis management.
Eric Sauder
1:39 am on Monday, March 18, 2013
I understand that the problem is with the property owners, and with a plot of beach that no one seems to know who owns. Bit shouldn't this have been looked into well before the beach fill project started?
Edward Owen
12:35 pm on Sunday, March 17, 2013
It's good to see the city council "keeping it moving" so to speak, especially on the North Beach end especially after seeing those photos.
South End Citizen
12:41 pm on Sunday, March 17, 2013
"It will only lead to more taxpayer-funded litigation,"
Uh huh, and the litigious taxpayer in question would be....
They should be grateful their Pavillion wasn't allowed to be built...it'd be gone already.
J smythe
3:49 pm on Sunday, March 17, 2013
Suprise Suprise the beach grill owners might sue the city AGAIN
oclocal1
3:33 pm on Sunday, March 17, 2013
Wow!!!!!!!!!!!!!!!!!!!! This is never going to end! from the kids growing up here who lost there skate park due to the mayor and. And the down town thanks to the mayor and his wife is done! And now you are letting starbucks in at the old pizza hut??? Every asbury ave business owner better step up or you will lose. Mr. Mayor may I ask why you sent public works vehicles off shore to shore clean at the tune of 21,000 dollars for oil changes and details??? When mr. mayor There were three repair shops open and three detail shops open in our town!!!!!!!! Answer it we are coming full blast! And your wife is head of chamber of commerce?? And on top of all I thought you did A great job after the storm however you and you wife and your political pay backs are coming back to meet you! That I guarantee! Mr. Gillian or is it giiligan the skipper is coming and yes we the people will speak and will help our south end residents!!!!! Sand will come you will see to all of you on the south end!!!!
Frank Worrell
4:00 pm on Sunday, March 17, 2013
Just to be clear .If you have an opinion and feel strongly about a subject it would add strength and integrity if you signed your real and full name .Don't hide if you state something own it . Frank Worrell
Frank Worrell
4:09 pm on Sunday, March 17, 2013
It is good that the patch gives us a outlet to comment on what's is happening inOcean City. But if you really feel strongly about a issue your comment would carry much more weight and a sense of honesty and used your full name.Anyone can sit it on the sidelines and shout if it is important own it and sign..Frank Worrell
Steve Glaspey
5:56 pm on Sunday, March 17, 2013
Frank,
I agree with you, I have noticed that the most outspoken contributors have a generic id. Using your real name gives me a sense of commitment to the cause and not idle comments from the sidelines.
Newell138
8:01 am on Monday, March 18, 2013
I dont understand why the beach grill owners would be against beach replenishment, w/ no beach there, they will have no customers this summer. Or are they just using this as a money grab?
Angelo Di Bartolo
3:04 pm on Monday, March 18, 2013
The "beach grill owners" actually only lease the property and run the Northend Beach Grill. We have been good neighbors while serving the resort community for the last 4 years at this location. We are not involved in this matter at all and are simply looking forward to returning this summer and cooking breakfast and lunch!!!