The regular meeting of the Township Council of the Township of Lower, County of Cape May, State of New Jersey was held on January 23, 2008 at 7:00 p.m. in the meeting room of the Township Hall, 2600 Bayshore Road, Villas, New Jersey.

 

The Clerk announced that the meeting was being held in compliance with the Open Public Meetings Act and that adequate notice of the meeting had been provided according to law.

 

The following members of Council were present for roll call taken by the Clerk:

 

                                                     Councilmember Thomas Conrad

                                                     Councilmember Wayne Mazurek

                                                     Councilmember Glenn Douglass

                                                       Councilmember Robert Nolan

                                                               Mayor Walter Craig

 

Also present: Paul Baldini, Solicitor and Joseph Jackson, Manager

 

                                                                 WORK SESSION

 

Review of Consent and Regular Agenda Items

No comments.

 

Consent Agenda

1.                  Approval of Minutes     January 7, 2008

2.                  Membership Application           NJ State Firemen’s Association - Henry W. Taylor III - Villas Fire Co.

3.                  Resolution #2008-36,   Payment of Vouchers, $2,430,536.01

4.                  Resolution #2008-37,   A Resolution Requesting Reduction of Performance Guarantee for Cape May National Estates, LLC; Block 510; Lots 24.01, 24.12 & 24.13; Escrow #P04-10-09

5.                  Resolution #2008-38,   Authorizing the Clerk to Issue Bingo & Raffle Licenses Throughout the Year to Qualified Organizations.

6.                  Resolution #2008-39,   Appointment to the Lower Township MUA (S Morey  - 5 yr. appt.)

7.                  Resolution #2008-40,   Authorization for Vietnam Veterans of America Chapter #602 to Conduct Saturday Flea Markets in 2008

8.                  Resolution #2008-41,   Transfer of Appropriations, $12,575

9.                  Ordinance #2008-03,   An Ordinance To Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (NJSA 40A:4-15.14) 1st rdg.  (2nd rdg & pubic hearing Feb. 20)

 

Councilmember Conrad motioned to adopt the consent agenda items #1-9, seconded by Councilmember Nolan.  The consent agenda was adopted by the following roll call vote: Councilmember Conrad, “yes”, Councilmember Mazurek, “yes”, Councilmember Douglass, “yes”, Councilmember Nolan, “yes”, Mayor Craig, “yes”.

 

            Regular Agenda

Resolution #2008-42,  Resolution Designating The Lower Township Rescue Squad, Inc. as The Provider of

Emergency Medical Services in Lower Township.

Councilmember Mazurek motioned to adopt the resolution, seconded by Councilmember Nolan.  The resolution was adopted by the following roll call vote: Councilmember Conrad, “abstain”, Councilmember Mazurek, “yes”, Councilmember Douglass, “yes”, Councilmember Nolan, “yes”, Mayor Craig, “yes”.

 

Ordinance #2008-01,  An Ordinance Amending Chapter 101, Public Records, of the Code of the Township of

Lower,  (Change in certified copy fee for birth, marriage & death records) was presented for second reading and final adoption.  The Clerk announced the ordinance was posted and published according to law and copies were available in the Clerk’s Office. 

Mayor Craig opened the meeting for comment on the ordinance.

There were no comments from the public on the ordinance.

Councilmember Douglass motioned to adopt the ordinance, seconded by Councilmember Conrad. The ordinance was adopted by the following roll call vote: Councilmember Conrad, “yes”, Councilmember Mazurek, “yes”, Councilmember Douglass, “yes”, Councilmember Nolan, “yes”, Mayor Craig, “yes”.

 

Ordinance #2008-02,  An Ordinance Amending Chapter 432, Mercantile Licenses, of the Code of the Township

 of Lower, (Increase in license fees beginning with the 2008-2009 license period.) was presented for second reading and final adoption.  The Clerk announced the ordinance was posted and published according to law and copies were available in the Clerk’s Office. 

Mayor Craig opened the meeting for comment on the ordinance.

There were no comments from the public on the ordinance.

Councilmember Nolan motioned to adopt the ordinance, seconded by Councilmember Douglass.  The ordinance was adopted by the following roll call vote: Councilmember Conrad, “yes”, Councilmember Mazurek, “yes”, Councilmember Douglass, “yes”, Councilmember Nolan, “yes”, Mayor Craig, “yes”.

 

                                                            Administrative Reports

 

Personnel Action Report

Nov. Reports - CFO & Judge

Dec. 2007 Reports - BOCA, Code Enforcement, Clerk, Court, Dog, Fire Safety, Tax, Vital Statistics

2007 Year  - BOCA, Clerk, Tax Collector              

 

                                                               Council Comments

Councilmember Conrad mentioned Angel Food Ministry had food packages available for those who needed help with purchasing food and the flyers were in the back of the meeting room.   He also mentioned he spoke with Bill Thomas, a member of the MUA Board after the last council meeting and they respected each others opinions and believed things could be worked out.

                                                                           MUA

Councilmember Douglass thanked the MUA Board Members for working with the Township and the Manager, Chairman Bitting and Tom Brown and felt they were working in a positive direction and they were not going to dissolve the MUA. 

Councilmember Nolan reiterated what Councilmember Douglass said and stated they had hashed out some differences and they put a lot of effort forth on the issue and deserved a lot of credit.

Mayor Craig said it had been a lot of efforts for Chairman Bitting and Tom Brown.  He said there was a lot of positive discussion and communication.  He said the MUA reorganized on February 6th and asked the public to refrain from questions regarding the MUA until the February 20th Council Meeting where the MUA was invited. 

Mayor Craig said he hoped to have the information on the direction it was going.  He said they would have a plan of action beneficial to the MUA and Township.  He acknowledged the appointment of Steve Morey to the MUA and thanked him for volunteering his time.  He mentioned Mr. Morey was very community oriented and involved in a lot of organization also his expertise was environmental issues.

                                                                         Taxes

Mayor Craig commented on the tax collection it was at 97.5% and acknowledged Sue, Sheila and Kathy on what a good job they were doing.

                                                            Taxpayers Association

Councilmember Douglass also thanked the taxpayers group for their input on the issue.

Mayor Craig also thanked the group.

 

                                                                 Public Comments

7:10

                                                                             

Joe Winters of Florida Avenue apologized for his comment at the last meeting about he felt the meeting wasn’t legal.

                                                                           MUA

Joe Winters said he wanted the right to speak about the MUA before any appointments or contracts were made.

Mayor Craig explained the MUA went through the reorganization process as did the Township.

Ed Butler represented the Lower Township Taxpayers Association and commended the MUA and Council for finally getting together after all those months and now maybe there would be a conclusion.  He said he was upset that the paper stated Mayor Craig said now they would have control of the board with the new member.

Steve Sheftz of Townbank told Council they had the responsibility of the health, safety and welfare of the Township.  He was glad to see Council acting together.  He said there were a lot of good hard working people at the MUA but he wasn’t pleased with the management.    He said water was life’s being and had some things to point out.  He said the commitment must not be just to the MUA and that action would take place immediately not a year from now.  He said people were still waiting for good potable water. 

Mr. Sheftz said some people had water with major contaminants not counting saltwater intrusion.  He said history showed the MUA had not been responsive to the people.  He said Ed Duffy reported in 1990 that the Township had considered the dissolution of the MUA and ended up with an agreement that  water for the Villas would be done in 1 year.  He said the 5 year plan was presented in 2000 and now it was 2008.  He said the 1st step of the 5 year plan was finally coming to fruition. 

Mr. Sheftz said the state report said the MUA should be flushed to save the ratepayers.  He said resolution 2002-87 on June 5th the MUA passed for $600,000 and later it was reported the money was used to settle a class action suit.   He said the MUA didn’t have insurance.  He said in 2001 the MUA failed to approach Council for grants and instead went for pie in the sky efforts such as pasteurization of waste which was very costly and was to be sold and it never happened.   He said a savings of $750,000 could have been realized and many things needed to be looked at.  He applauded Council for trying to save some good workers not all. 

                                                                 Bennett’s Project

Bob Hartman of Erma said a few weeks ago he inquired about the Bennett’s project lawsuit and asked if it was still moving forward.

Mayor Craig said the initial appeal was lost then there was a delay.  He said they just received notice that the judge denied the reconsideration.

Solicitor Baldini said the entire response was lost so it had to be recreated.  He said the Judge said he would not reconsider it so now they were going to file the appeal to the appellate division.

Bob Hartman urged them to go forward, someone made a mistake.

                                                                           MUA

Joe Winters asked if the Manager would be overseeing the MUA.

Mayor Craig said the MUA would be reorganizing on February 6th then the MUA would be attending the council meeting on February 20th then everything would be discussed.  He agreed that everyone felt an aggressive grant program was needed. 

Mr. Winter asked if the MUA appointed a Solicitor, Engineer, etc.

Mayor Craig said it was a yearly reorganization like the Township’s.

Ed Butler said he attended a DRBA meeting on January 10th regarding plans and changes to the roadway. 

Mayor Craig call the Manager on his way home and said he heard about it on the radio.  He said Council or the Manager were not aware of the meeting.  He said Councilmember Nolan was informed over a year ago through the Planning Board.

Councilmember Nolan said about a year ago the DRBA went before the Planning Board to make plans that Sandman Blvd. be  two ways.

Mr. Butler said the presentation was very good and there were more plans besides Sandman Blvd.  He said the plans included change in traffic at the DRBA and access to parking and Douglass Park.  He suggested Council look into it.

Councilmember Nolan asked Solicitor Baldini if it still had to come before the Planning Board.

Solicitor Baldini said correct.  He said it was probably just an introduction meeting to get the public’s sentiments. 

 

Public portion closed at 7:35 p.m.

Councilmember Mazurek said he did some research as to why the MUA was set up as it was.  He said it could have been set up by the town fathers years ago to keep it from being A - Political with 5 board members with 5 year terms.  He felt that was good and supported it.  He felt the other reason may have been to keep finances separate and he also supported that since many taxpayers didn’t have MUA services.  He said the forefathers had the insight to keep it separate.  He said now the MUA would reorganize then discuss how to improve services and maybe some good could come out of it.

 

 

After conclusion of the public portion Councilmember Douglass motioned to adjourn the meeting, seconded by Councilmember Conrad the meeting unanimously adjourned by verbal “ayes” at 7:40 p.m.

 

 

 

 

__________________________                                            __________________________

           Mayor                                                                           Township Clerk

 

 

 

 

Approved:   February 4, 2008