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Residents press borough over recurring flooding and a failing bulkhead; a public commenter threatens litigation over alleged OPRA failures
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Summary
Multiple residents told the commission about repeated flooding tied to a failing bulkhead at a private property and urged stronger enforcement; one resident read a letter alleging OPRA noncompliance and said she intends to file a verified complaint in superior court if records are not produced within seven days. Borough counsel and the police defended the town’s handling and advised caution given pending or threatened litigation.
Several Wildwood Crest residents used the public‑comment period at the Oct. 15 commission meeting to press for more aggressive action on chronic neighborhood flooding and to raise a separate, lengthy OPRA dispute.
Resident Steve Tornowski described “nuisance flooding” on Lake Road, said the borough’s sewer investments and gate installations helped but that a failing bulkhead at a nearby Nickerson property remains unresolved despite code enforcement and repeated court postponements. Tornowski said the matter has been in the municipal court for about 18 months and that the next hearing is scheduled for Dec. 16, 2025; he urged the borough to do more to motivate the property owner to repair the bulkhead.
Resident Rich Russo echoed Tornowski, saying flooding had damaged landscaping and other property components and that neighbors had spent thousands on repairs. Both speakers asked for a more urgent enforcement response.
Separately, a resident (recorded in the transcript as speaker 13) read a letter alleging long‑running failures to provide public records in response to OPRA requests dating to Jan. 20, 2024. The letter alleged a pattern of withholding records, asserted that multiple agencies and officials were involved, and demanded production of a complete set of responsive records within seven days. The speaker said she intended to file a verified complaint in superior court and named a cc list that included Borough officials, the county prosecutor, the state attorney general’s office, and counsel. The speaker used strong language in accusing officials of being “complicit” and said she would pursue litigation if the records were not produced.
Solicitor Ron Delzunas responded that the matter had been litigated previously in an order‑to‑show‑cause in the superior court and that the judge had ruled in the borough’s favor after borough representatives provided extensive documentation. The solicitor said the borough had supplied a binder of materials and that the court denied a request for sanctions. Police leadership (the captain identified in the meeting as Kevin) publicly defended the department’s handling of the complaints and said investigations had been thorough.
Mayor Don Cabrera and the solicitor cautioned staff and commissioners about interacting further with the resident in light of threatened litigation and emphasized that opinions stated in public comment are not the same as court findings. The mayor also enforced the meeting’s time limits and asked the resident to leave after her allotted time elapsed.
The transcript records no immediate change in enforcement policy at the meeting; officials said they had been communicating with the municipal prosecutor and that borough staff and legal counsel would continue follow‑up on the enforcement and records questions.
