The regular meeting of the Township Council of the Township of Lower, County of Cape May, State of New Jersey was held on February 20, 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

Absent:  Joseph Jackson, Manager

 

 

                                                                 WORK SESSION

                                                 Proclamation - Read Across America

 

Mayor Craig read the Proclamation for Read Across America which will be in March.

 

Review of Consent and Regular Agenda Items

Mayor Craig said the attorney for Conifer Village Affordable Housing Company, Charles Lewis was present to give an overview and answer any question the public might have about the project. 

Mr. Lewis said the company had over 2,000 apartment units in New Jersey.  He said they owned property on Bayshore Road and had planned to put up a 3 story building for senior citizens 55 years and older that consisted of 1 and 2 bedroom apartments.   He said there would be an activity room, computer room, etc.  He said it would help the Township get COAH credit and would use a number of State resources to make the units affordable. 

Mr. Lewis said they would use the Home Express Program and HMFA funds for financing.  He said he was requesting 3 actions from Council.  He said a tax credit can be given since affordable housing can be used as an alternate plan for taxes, and further explained the program.  He said there was a pilot agreement based on income and it would go up as the incomes did.  He stated the County received 10% and the rest would go to the Township, no school taxes were paid.  He said other items requested were inclusion in the COAH plan so it would give added points and then a resolution of the need for affordable housing.

Councilmember Nolan questioned Solicitor Baldini about the Pilot Program.

Mr. Baldini said the program was to insure that the Township received back the amount to cover services, but if it was done at fair market value it may not cover the cost of services.

Councilmember Nolan said if they didn’t get it then it could cause a problem with the COAH obligation and the State could allow developers to develop affordable housing regardless of the zoning regulations.  He asked what the number of units were that would meet COAH criteria. 


Mr. Lewis said 100% would meet the requirement.

Solicitor Baldini read State figures for COAH and the numbers had doubled and were changing all the time.  He said the project and the Haven House project show a good faith effort from the Township.

Mayor Craig said Yorkshire Place and Haven House were the same type of development.

Joe Winters of Florida Avenue asked what the COAH obligation was.

Solicitor Baldini said he didn’t know the new numbers, but said there were to be 5 public hearings held on the new rules which would become effective by the end of the year.

Mr. Winters asked if there were school children there and who would pay the school taxes.

Solicitor Baldini said it was an age restricted community.

Mr. Lewis stated no children could live there only visit.

Solicitor Baldini said if the developer allowed children the Township could look back at the Pilot Program Agreement.  He said it was researched and felt confident that it meet the COAH requirements and it was senior housing.

Ed Butler of the Lower Township Taxpayers Association said it was a great idea and would be an asset and asked about the existing building.

Mr. Lewis said it was vacant land and they were not associated with Victorian Commons.

Solicitor Baldini said there were plans on file at the Planning Office if anyone wanted to look at them.

Mr. Butler asked about assisted living.

Mr. Lewis said it wasn’t assisted living or a nursing home it was independent living.

Mr. Butler felt it would help the Township out and thanked Mr. Lewis for the building project.

Councilmember Nolan said those communities who ignored the COAH regulations could end up with builders remedies or worse.

Mr. Winters asked if the residents of Lower Township could get jobs there.

Mr. Lewis said they could give priority to residents and make residents aware of the project.

 

Consent Agenda

1.                  Approval of Minutes     Feb. 4, 2008

2.                  Membership Application           Harry J. Godfrey, Town Bank Volunteer Fire Co

3.                  Resolution #2008-47,   Payment of Vouchers, $1,584,375.02

4.                  Resolution #2008-48,   Authorization for the Payout of Accumulated Compensatory Time

5.                  Resolution #2008-49,   Authorization to Cancel Uncashed Checks (from Court)

6.                  Resolution #2008-50,   A Resolution Requesting Release of Demolition Bond for Block 485, Lot 67, 984 Woolson Road, Erma

7.                  Resolution #2008-51,   Authorization for Refund of Taxes

8.                    Resolution #2008-52,  A resolution requesting RELEASE of Demolition Bond for Block 545, Lots 14-18, 141 Racetrack Drive, Townbank

9.                  Resolution #2008-53,  Issuance of Taxi & Operator’s License to Ocean Cab Service, LLC

10.              Resolution #2008-54,   Resolution Approving a Taxi License & Operator’s Licenses to Barry Felice and Richard Lihotz for 2008 Trading as AA+Cab, LLC

11.              Resolution #2008-55,   Issuance of Taxi, Limousine and Operator’s Licenses to Aart’s Transportation Services, Inc.

12.              Resolution #2008-56,   Issuance of Limousine and Operator’s Licenses to High Roller Limousine, Inc.

13.              Resolution #2008-57,   Approval of 2008 Rotary Towing License for Cape Harbor Auto Repair, Inc.

14.              Resolution #2008-58,   Resolution Awarding Concession Stand Lease for the Lower Township Swimming Pool (Holly Melo, 2008 & 2009 $1400 per year)

15.              Resolution #2008-59,   Authorization for Villas Fire Company to Conduct Outdoor Flea Markets in 2008

16.              Resolution #2008-60,   A Resolution Approving Bus Stop Locations along Route 9 and Route 109 in Lower Township and Amending Chapter 7, Entitled “Traffic” of the Code to Include the Bus Stops

17.              Resolution #2008-61,   Transfer of 2007 Appropriations, $35,495.00

18.              Resolution #2008-62,   Resolution of Need to Provide Senior Citizens Affordable Housing

19.              Resolution #2008-63,   Resolution to Include the Conifer Village Project in Lower Township’s COAH Plan

20.              Resolution #2008-64,   Resolution to Exempt the Conifer Village Project From Real Property Taxation and Receive Payment for Municipal Services (Pilot Agreement) in Accordance with HMFA Requirements

 

Councilmember Nolan motioned to adopt the consent agenda items #1-20, seconded by Councilmember Conrad. 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

Ordinance #2008-03,  An Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A.40A:  4-15.14), 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 comments on the ordinance.

Councilmember Conrad motioned to adopt the ordinance, seconded by Councilmember Mazurek.  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 #2008-04,  An Ordinance of the Township of Lower Amending Chapter 7, Traffic, of the Code of the Township of Lower, 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 comments 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

January 2008 - Animal Control, Clerk, Dog License, Tax Collector, Vital Statistics

 

                                                               Council Comments

Mayor Craig said the Manager wasn’t present due to a medical issue.

 

                                                                 Sweetbriar Motel

Councilmember Conrad said recently there was an article in the newspaper of the arrest of a local business owner.  He thanked the police and residents for helping to make that happen.

                                                                   NIMS Training

  He said he spent 17 hours at NIMS training.  He said it covered all facets of emergency training and was very important to the Township.  He said it was very important to be NIMS compliant so they would receive money back.

 

                                                                 Sweetbriar Motel

Councilmember Mazurek agreed that the police did a fine job in the arrest of Mr. Raimo.

 

                                                MUA Appointment - Township Manager

Councilmember Mazurek said he attended a MUA meeting and on the agenda was the appointment of an Interim Manager, there was no name listed and after the appointment still no name.  He said he later found out it was the Township Manager hired and had some question about that.  He thought they were going to talk about it.  He questioned who gave the Manager permission to split his time. 

Councilmember Nolan said he was under the impression it would be discussed at this meeting.

Mayor Craig said it was to be discussed.

Councilmember Nolan said he agreed with Councilmember Mazurek.

Councilmember Mazurek said he felt it should be discussed in the open and take a vote.

Solicitor Baldini said a shared services agreement was needed.

Mayor Craig said it was to be discussed at the closed session that evening.

Councilmember Nolan said it came down to Council to give him the authority to do so.

Solicitor Bladini said it was up to the Township.

Councilmember Nolan said he had heard it through the community also.  He felt the Manager had a job to do in the Township and wasn’t sure he had mastered that yet and to take on an additional job it would be difficult for anyone.

Councilmember Douglass said he also thought the Feb. 20th meeting was to clarify things with the MUA and didn’t find out the meeting with the MUA was canceled until Feb. 19th.  He said he also was at the MUA meeting and felt the Manager needed Council’s permission.

Councilmember Mazurek said he understood even though the MUA appointed him it wasn’t allowed until Council approved and had an agreement.

Councilmember Nolan felt it was premature.

Solicitor Baldini said he can’t assume the position until the Township approved it.  He said the MUA may have jumped the gun on the appointment in trying to help and bring about co-operation.

Mayor Craig said it had been in the newspaper.

Solicitor Baldini said he never spoke to the MUA attorney on the matter.

Mayor Craig said it would have to be on the closed session.

 

                                                                 Sweetbriar Motel

Councilmember Douglass commended the police on the fine job they did regarding the Sweetbriar.

 

                                                MUA Appointment - Township Manager

Councilmember Douglass said he thought Council needed to discuss an interlocal agreement and have a closed session to iron things out.

 

                                                      Anninversary - Dave Douglass

Councilmember Nolan said they recently honored the 14th anniversary of the death of Officer Douglass.  He commended the police for keeping his memory alive and all their work.

                                                MUA Appointment - Township Manager

Councilmember Nolan thanked the MUA Chairman, Pete Bitting for attending , but said as far as the Manager serving at the MUA it was far from a done deal.

Mr. Bitting said the MUA needed a Director and the idea came up that the Manager could fill in for a month or two.  He said they would be looking for a Director in the next two weeks and would have one by the next meeting.

 

                                                                    Talent Show

Mayor Craig announced that there would be a talent show on April 11th at the high school and Sturdy Bank would be the main sponsor.  Anyone interested could contact Eileen in the Manager’s Office or Township Hall.

 

                                                                         Police

Mayor Craig said he also appreciated what the police did and had 2 letters he wanted to read regarding the police.  He read a letter from the Taxpayers Association and Donald Clark a summer resident and said they deserved recognition.

 

                                                                 Public Comments

 

                                                                   Beach Access

Bill Greenfield of New Jersey Avenue said he was in attendance regarding beach access.  He said many residents used the street ends to access the beach for walking, kayaking and fishing.  He said last summer a guardrail was installed at the end of New York Avenue where the beach dropped off.  He spoked to the Manager and the rail was modified.

Mr. Greenfield said the Fishing Club was at the end of Pennsylvania Ave. which was a paper street.  He noticed work  going on and contacted the Construction Official who issued a stop work order since no permits were issued.  He asked about an easement to allow access to the bay and asked if that would have to go before Council.

Solicitor Baldini said it would come before the Township but it wasn’t drafter or finalized yet.

Mr. Greenfield asked that no fence be allowed.

Solicitor Baldini said in the area of the easement it wouldn’t be allowed.

Mr. Greenfield asked how long the easement would be good for.

Solicitor Baldini said an easement would be in perpetuity and the Township could enforce it if needed.  He said it would be clearly marked with signage and the walkways marked out for beach access.

Mr. Greenfield mentioned other areas where beach access was compromised.

Further discussion on different areas of beach access.

Councilmember Nolan said the access would be permanent.

Solicitor Baldini said the easement would be on file with the Township and the County Clerk’s Office.

Mr. Greenfield polled Council to see who were members of the Fishing Club.

Councilmember Nolan, Conrad and Mayor Craig were members.

Mr. Greenfield asked if the Township could do an ordinance stating all street ends could be kept open and residents couldn’t block or vacate them.

Councilmember Conrad said it was a DEP issue more than a Township issue.

Mr. Greenfield and Pete Bitting had a discussion on the fence and dumpster at the Fishing Club.

Pete Bitting said the fence to be installed was to replace a former fence and the dumpster was always there.

 

 

                                                                       Manager

Mr. Winters asked if the Manager was a full time employee and asked if they read the code.

Solicitor Baldini said that was why they would need an interlocal agreement.

Councilmember Nolan asked what was the point, Council already said that the Township didn’t approve of the appointment.

Mayor Craig said he proffered out if Council would be interested in doing a shared service agreement and Council had not met since the MUA meeting.  He said the issue was to be discussed at a closed session, but now was postponed in the Manager’s absence.

Mr. Winters said on the same token when the Manager was brought up for the position, Pete Bitting should have abstained because the Manager was his boss.

Solicitor Baldini said it was an issue for the MUA not the Township.

Mr. Winters asked Solicitor Baldini if he was going to be the Solicitor for Woodbine.

Solicitor Baldini said yes.

Mr. Winters asked if the Township was still pursuing the case against Bruce Graham.

Solicitor Baldini said yes.

Mayor Craig said they had Solicitors for Planning and Zoning that could cover the case.

Bob Hartman said he commended Solicitor Baldini for removing himself from the suit with Van Note Harvey.  He said he hoped they hired someone from out of the County.

Mayor Craig said it was a possibility.

Councilmember Nolan went over the case.

Mr. Hartman said he heard the dugouts were the wrong size, there’s a mistake and couldn’t believe a 3 judge panel wouldn’t see that.

 

                                                                    Water - MUA

Bea Cassairo of Townbank said the people have been pleading for water and read a letter requesting it.  She applauded Mayor Craig and Councilmember Nolan for steps to assist with getting water.

Councilmember Nolan felt the main should be continued down Townbank Road.

Mrs. Cassairo said there were some homes in a 12 block area that showed Volatile Organic Compounds in the water and asked for immediate action in supplying Townbank with water within one year.  She reminded Council their prime duty was to protect the health, safety and welfare of the residents.

Mayor Craig said it was the consensus of Council and Engineering Firm to address and seek grant money.  He said to prioritize who needed water and dialogue with the MUA.

Councilmember Nolan said he spoke to Mr. DeBlasio, Engineer for MUA and were taking a hard look at MUA Bond

rating and whatever they could to help the MUA with grants etc.  He said it wouldn’t take a lot to finish Townbank Road.    He mentioned the MUA already had some USDA funding application in place. 

Councilmember Nolan spoke to Bob Imler about Cox Hall Creek project and said there were shallow wells in the area and it would help with environmental issues.

Ed McGeehan said he came in place of Steve Sheftz he showed a map of Townbank with highlighted area of homes with chemicals in the water.  He gave a handout and explained the information which was attached and made part of the minutes.

Mayor Craig thanked Mr. McGeehan for the presentation.

Sal Riggi of Miami Avenue said not to make light of it, but they had to understand how the State came up with their figures.  He said if it was MTBE’s that was a gas additive and if it was found in 1 or 2 wells, they were probably shallow.  He said in listening to the chemicals there was probably a 1 in a million chance of cancer.  He reviewed the chemicals and how they may have gotten there. 

Mr. Riggi said they needed to have the Health Department  declare the area a immanent health hazard then the Township would be eligible for grants.  He said VOC were easily removed through carbon filters and other easy home remedies.  He said the dry cleaning solvent was serious and needed to be identified.  He said the plumes can break and split apart. 

Mr. Riggi said you could get treatment kits for around $100.00 and agreed those areas should be addressed first.

Councilmember Nolan asked how the Township could get the Health Department to declare the area an immanent health threat.

Mr. Riggi explained the criteria, research and cooperation that was needed from the residents to get it declared a health threat.

Mr. McGeehan said he understood what he was saying ,but not to panic.

Mr. Riggi said to prioritize then you were in a better position to get grants, the more information the better off you were. 

Mayor Craig said he spoke to the Health Department and they had stopped well point testing and had funding for filtration systems.

Steve Sheftz said the CMC Health study was a small sample of the problems.  He went over the area with contamination.  He said many people had filter boxes and that devalued the homes.  He said there were many sick people and some with cancer it was the Township’s responsibility for the health, safety and welfare of the residents.   He said they needed to continue with the 5 year plan that would have been done years ago.

Ed Butler said it was an interesting session and said mandatory hook-ups would solve the problem. 

Mr. Winters asked when the ballfields would be complete.

Mayor Craig said when the contractor completes it.  He said Tuckahoe Sod Farm won’t cut in February that’s what they were waiting for and the delivery was due in March.

 

 

After the conclusion of the public portion , Councilmember Nolan motioned to adjourn the meeting, seconded by Councilmember Conrad the meeting unanimously adjourned by verbal “ayes” at 9:00 p.m.

 

 

__________________________                                            __________________________

           Mayor                                                                           Township Clerk

 

 

 

Approved: March 3, 2008