Council Tables Fee Ordinance After Hearing Opposition From Golfers

Through an ordinance set for final hearing at its meeting on Tuesday evening, the Toms River Township Council’s intention was to shoot a hole-in-one by attempting to balance the costs of revenues and expenditures at municipally operated  – but impassioned responses from local golfers left the governing body searching for a mulligan instead.

The ordinance sought to set fees for use of Bey Lea Golf Course to all resident taxpayers age 62 and over as follows: $13 on weekdays, $20 on Saturdays, Sundays and holidays, $21 on Saturdays, Sundays and holidays in summertime, and $14 for Saturdays, Sundays and holidays at twilight.

In addition, fees for use of the course to non-taxpaying residents, also age 62 and over, would likewise be set as follows: $22 on weekdays, $40 on Saturday, Sundays and holidays, $41 on Saturdays, Sundays and holidays in summertime, and $27 on Saturdays, Sundays and holidays at twilight.

Perhaps most controversially, the council ordinance sought to completely rescind the long-standing practice of issuing permits to Bey Lea Golf Course customers for unlimited greens play – instead, the ordinance sought to substitute the aforementioned fee rates in place of unlimited permits for use of Bey Lea Golf Course, in an attempt to earn more revenue. Town officials claimed that the revenue amount currently being generated from the golf course was not matching the cost of expenses in maintaining it.

Toms River Township Administrator Paul Shives said, “The unlimited fee structure doesn’t work for the township.”

During the public comment session, many residents and golf aficionados came forward to speak in opposition to the ordinance’s proposed new fee rules.

Resident Philip Castiglione said that senior recreation in Toms River is limited, and that this ordinance was not fair or sufficient to the senior residents in town who are avid golfers.

“To make things worse, the township has decided to repeal the seasonal membership for the golf course, which directly affects these seniors,” Castiglione said, feeling that under the proposed new arrangement, senior residents on fixed incomes would not be able to afford to play at Bey Lea Golf Course.

Castiglione commented that if the township wanted to make more money, they should focus on building up the golf course membership, as opposed to “scaring it away.”

Resident Ron Fidalgo emphasized that senior golf players in the audience provide constant business to the golf course, and that he and others in his fixed-income financial situation will not be able to continue to make use of the golf course if the ordinance passed.

“I think it’s the wrong thing to do for the residents of Toms River,” Fidalgo said. “Raise the cost of seasonal rates, but don’t take this away from these golfers.”

Resident Warren Backer inquired further as to the motivations of the governing body for seeking to pass this ordinance.

Shives replied that 29 people currently have unlimited greens permit use privileges at Bey Lea Golf Course, which generated roughly $37,800 in annual revenue.

“Under normal circumstances for greens fees, that’s about one-third of what you need coming in. It does not work; the financial structure of that just does not work. It’s not that anyone wants to be punitive,” said Shives, who noted that for the township to break even at the golf course, it would require a substantial increase in fees.

Backer said that the majority of seniors who currently utilize the course with unlimited privileges only play nine holes, and that it’s a source of exercise and recreation for them. “You’re taking that away (with this ordinance). These are people who are taxpayers in this township,” said Backer.

Shives then wanted to openly clarify that Bey Lea Golf Course is a self-liquidating utility, which means that Toms River tax revenue does not support its maintenance — and that revenue earned at the course alone must match up with its expenses in this situation.

“The golf course is not paying for itself,” added Councilman Gregory McGuckin.

Backer maintained that the course of action the council was taking with the golf course would not solve their financial problems with it.

Councilman George Wittman provided that to generate the necessary income at the course, the township would need to raise fees. “Other golfers are subsidizing 29 individuals with unlimited membership. This is not being punitive, but when you look at it from a business standpoint, everyone else would have to have their rates raised in order to accommodate the 29 who have their unlimited golf.”

Council President Maurice “Mo” Hill inquired as to the average cost of a round of golf at Bey Lea, which Shives said depended on factors such as age and frequency of play. The township administrator estimated that regular members paid about $18 per round, while seniors paid about $13 per round.

McGuckin offered that the council would “see how this (the new rules) works, and if it doesn’t, we will continue to look at it.”

Backer argued that seniors play more rounds than other customers, and should therefore receive a fee discount. “I think this is unfair and discriminatory,” he said.

Resident Ron Leone asked what the council’s revenue analysis of the golf course was based on, and Shives replied that their statistics were based on figures from last year’s audit of the township.

“I don’t know who’s making these decisions to penalize golfers,” Leone stated, and said that “mismanagement” of the golf course needed to be looked into. Leone also asked the council if the public could examine their financial figures before a final decision on the matter is made.

Wittman commented that the revenue currently being generated from Bey Lea Golf Course is “not even scratching the surface” of the costs involved to maintain it. “We’re subsidizing for a utility where we don’t even get the revenue to cover the cost of expenses,” the councilman said.

As a hypothetical comparison, Councilman John Sevastakis added that if a resident didn’t ice skate or use the local ice rink, those residents should not have to subsidize the people who do make use of the facility.

When it was asked by resident Dan Davey if Bey Lea Golf Course had failed to break even, Shives said that there had been a deficit at the facility – to which Davey replied that he felt there are “a lot more productive ways to find $37,000.”

Toms River Resident Steve Butera noted that the golf course is a major source of recreation and outdoor exercise for many seniors in the area, and that other golf courses in surrounding communities are lowering rates to attract more golfers, rather than raising them.

“I’m not asking anyone to subsidize me,” Butera commented, adding that seniors who use the golf course help to take very good care of it.

Backer later returned to the microphone to ask the council to further investigate the fee issue at the golf course before voting on an ordinance related to it, and requested that the governing body table the legislation.

After everyone from the public who wished to speak made their comments, Councilwoman Maria Maruca said that the people who came forward at the meeting to mention how they only played nine holes of golf as opposed to a full 18 swayed her to believe that the council needed to take another look at the ordinance, commenting that “more homework needed to be done” on this matter.

McGuckin agreed, noting that the concerns brought forward by the area’s avid golfers were “well-founded”, and that it was certainly worth taking another look at the ordinance going forward.

Wittman explained that some modifications could be made to the ordinance, but that “the fees can’t stay the way they are.”

Shives advised the council to call for an immediate abeyance on the sale of unlimited memberships during the time period in which the ordinance will be re-examined, which was agreed with by council members Hill and Wittman.

A motion was then made to table the ordinance, which was unanimously passed by the governing body – so that a new version of the golf course ordinance would be available for drafting, discussion and possible adoption in the late January to early February time period.