Belmar won’t disclose where FEMA money is. Resident sues for records

The ongoing controversy over the rebuilding of the beach pavilions in Belmar has resulted in yet another law suit filed against the Borough by an activist resident calling for fiscal responsibility and transparency.

Joy DeSantis filed suit last week against Belmar and Borough Clerk April Claudio in her capacity as Custodian of Records.  DeSantis is not seeking money, other than her legal fees.  Rather, she is asking the Court to Order Belmar and Claudio to comply with the Open Public Records Act (OPRA) and provide copies of all correspondence between Belmar and FEMA regarding Superstorm Sandy Funds and correspondence regarding the construction of the pavilions between October 29, 2012 and February 5, 2016, the date that DeSantis filed her OPRA request.

Claudio initially said that DeSantis’s OPRA request was invalid because it failed to list the “To” and “From” on the emails between Belmar and FEMA requested.  DeSantis responded that such information was not required and was ridiculous to require, as there was no way she could possibly know who at FEMA and in the Borough were emailing each other.

Claudio finally responded to the request with only two letters between FEMA and Belmar since Sandy hit the Jersey Shore over three years ago.

A copy of DeSantis’s law suit can be downloaded here.

DeSantis was part of the group that opposed Mayor Matt Doherty’s plans to borrow $7.1 million to rebuild the pavilions.  The group forced a referendum on the bonding which failed.  Doherty planned to used Beach Utility revenue to partially fund the pavilion construction and FEMA money for the rest.  But in another lawsuit, the Court ruled that the Belmar Beach Utility funds could not be used for that purpose.

Doherty repackaged the bonding proposal, seeking to borrow $4.1 million to rebuild only one pavilion.  That bonding proposal was also forced to referendum.  The Belmar voters approved borrowing the $4.1 million last November, by 20 votes out of 1,696 cast, after Doherty told residents that FEMA gave Belmar $5,4 million and that the Taylor Pavilion costs only $4.1 million to rebuild.  Doherty insisted that Belmar taxpayers would not be on the hook to repay the bonds.

DeSantis told MoreMonmouthMusings that she is concerned that Belmar property taxpayers will be force to pay for the overpriced pavilion long after Doherty has moved on.  She is concerned about Doherty’s fiscal mismanagement…she mentioned that the Borough bonded for 20 years for vehicle purchases and that the mayor bundled the other $3 million he wants for pavilion reconstruction with other necessary infrastructure projects.

DeSantis said that FEMA has budgeted $2.9 million for the pavilions and paid the Borough about $400 thousand so far. She wants the Belmar/FEMA correspondence to find out where the other $2.5 million Doherty claimed that the Borough received from FEMA is, and how it is being used.

There has been no progress on building the pavilion(s) since the referendum was passed last November, DeSantis said.