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City Council voted unanimously Thursday to lease city-owned property to the American Legion for $1 a year, so it can build a bigger post in Ocean City.
Proposed site for a new American Legion post at the corner of 46th Street and West Avenue in Ocean City, NJ.
Council approved the first reading of an ordinance that authorizes the leasing of a vacant lot at the corner of 46th Street and West Avenue. A public hearing and second reading of the ordinance is scheduled for July 24.
The American Legion Morvay-Miley Post in Ocean City currently leases space at 3304 Bay Avenue from Cape May County. But with 355 American Legion members, 100 members of the Sons of the American Legion and another 100 members of the Auxiliary, the veterans organization needs more space, according to Post Commander Bob Marzulli.
If the ordinance passes, it would authorize a 50-year lease, and the post would be responsible for any construction costs. The use of the leased 70-by-100-foot lot would be restricted to "the housing, recreation, education or health care of veterans of any war of the United States." If that use were ever to change, the lease would be terminated.
"The city will have input as to the design of the building, and will take the site plan to the Planning Board for its review," City Solicitor Dorothy McCrosson said.
The vacant lot is adjacent to an Ocean City Fire Department station and is used to store construction materials and vehicles.
As a veteran and member of the American Legion, Councilman Pete Guinosso recused himself from the discussion and vote. Three of the seven-member council are Sons of the American Legion. McCrosson said the Sons are not voting members of the organization and don't enjoy the benefits of members, but she said the appearance of a conflict of interest could exist.
Nonetheless, "a doctrine of necessity" permits governmental bodies to vote on public matters when a quorum can't be achieved. She said the doctrine helps governments continue to do the work of the public when conflicts exist.
Councilman Keith Hartzell likened the Sons of the American Legion to permanent guests.
"You have to respect that you didn't serve, and they did," Hartzell said.
The son of a veteran, Hartzell said he's a member "to keep the memory of my father alive."
