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

The regular meeting of the Township Council of the Township of Lower, County of Cape May, State of New Jersey was held on March 3, 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

The Mayor asked if there were any questions or comments on the items of the Consent Agenda.

CONSENT AGENDA

1. Approval of Minutes February 20, 2008

2. Resolution #2008-65, Payment of Vouchers, $1,691,987.93

3. Resolution #2008-66, Authorizing Pay Out of Accumulated Compensatory Time 2008 (W. Hienkel)

4. Resolution #2008-67, Authorizing Pay Out of Accumulated Compensatory Time 2008 (Sick payout Various Employees)

5. Resolution #2008-68, Issuance of Limousine License to Great American Trolley

6. Resolution #2008-69, A Resolution Requesting Release of Performance Guarantee for John & Judith Kirk; Block 504, Lot 5.01, 668 Route 9, Erma Escrow #P05-08-13

7. Resolution #2008-70, Authorization for Refund of Taxes (overpayment)

8. Resolution #2008-71, 2008 Smart Future Grant Planning Program

9. Resolution #2008-72, 2008 Anjec Smart Growth Planning Grant Program

10. Resolution #2008-73, Acceptance and Bid Award for Digital Video And/Or Audio Recording Security System, Management, Remote Transmission and Operator Review System (for Police - Comtek - $28,754.)

11. Resolution #2008-74, Resolution Reaffirming the Review and Final Approval of the Application and Purchase of the Development Easement on the Patricia A. Holscher, Executrix, Estate of Charles Bolton Legates Farm

12. Resolution #2008-75, Introduction of the 2008 Municipal Budget (Budget Hearing - April 7, 2007)

Councilmember Douglass motioned to adopt the consent agenda items 1-12, 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 #2008-76, Resolution Authorizing Payment to Lower Township Rescue Squad ($100)

Councilmember Nolan motioned to adopt Resolution #2008-76, seconded by Councilmember Mazurek.

The consent agenda was adopted by the following roll call vote: Councilmember Conrad, “Abstain”, Councilmember Mazurek, “yes”, Councilmember Douglass, “yes”, Councilmember Nolan, “yes”, Mayor Craig, “yes”.

Administrative Reports

The Administrative Reports as listed on the agenda were received and made a part of the record.

Council Comments

Councilmember Mazurek said he had some comments on the budget and said the departments did a good job, it was bare bones. He said the Manager’s budget message was well done. He commented he was concerned with the fix costs and many were up a lot. He said he was also concerned with the loan payments on bonds, they were up $106,000 from last year.

Councilmember Mazurek said they had no control over the fix costs and in the future try to get the capital cost down. He said the operating costs were up $127,000 and 4 departments were down from last year and 10 were up from last year. He said the 2 departments up significantly were Fire Safety $32,500 and Solicitor $67,500 from last year. He said in the future they had to work on the loan payment and get it down, he commended the departments and said they listened to what was said when working on their budgets.

Councilmember Conrad said Fire Safety cost should be covered through the Fire Commissioners.

Mayor Craig asked the CFO about speaking to the Auditor last year about bonding out and shouldn’t it decrease the overall debt service.

Lauren Read, CFO said it should.

Public Comments

Mayor Craig opened the meeting to comments from the public asking anyone wishing to speak to limit their comments to ten minutes.

Mayor Craig opened the public portion of the meeting at 7:08 pm

Janet Pitts of the Lower Township Taxpayers Association said she was following up on the request for an ordinance not to sell or lease the water also she was inquiring into the mandatory hook up.

Mayor Craig said as far as the mandatory water hook up the new MUA Director would probably address that.

Solicitor Baldini said he didn’t know about the ordinance regarding selling water it could be rescinded anyway. He said he would look it up.

Ms. Pitts said she realized it could be repealed, she was looking for something in good faith and in ordinance form. She said she would check back next month.

Steve Sheftz of Townbank said at the last Council Meeting they were made aware of the drinking water situation and where the specific areas were and the test results. He said there could be more and the problem could be far greater than presented. He highlighted some points from an article about VOC’s and how the sources should be identified and eliminated if possible. He said the article related some of the long term health effects from the VOC’s. He said some could be controlled with filters but the water should be monitored coming in and out and it could be very costly.

At the conclusion of the public’s comments, on motion by Councilmember Conrad, seconded by Councilmember Douglass the open meeting was adjourned by the following roll call vote: Councilmember Conrad, “yes”, Councilmember Mazurek, “yes”, Councilmember Douglass, “yes”, Councilmember Nolan, “yes”, Mayor Craig, “yes”

Resolution #2008-77, A Resolution Providing for a Meeting Not Open to the Public in Accordance with the Provisions of the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-12 was presented. The Clerk noted the discussion was for labor relations and it was expected that action would be taken at the conclusion of the closed session.

Councilmember Nolan motioned to adopt the resolution, seconded by Councilmember Mazurek. The resolution was approved by verbal “ayes”.

CLOSED SESSION SEPARATE

Resolution #2008-78, Ratification of the Contract Between the Township of Lower and Lower Township Recreation Aides Association - Local 3779B ( for the years 2006-2010) was then presented by the Clerk.

Councilmember Nolan motioned to adopt Resolution #2008-78, seconded by Councilmember Douglass.

Council returned to open session and there being no further comment, Councilmember Douglass motioned to adjourn the meeting, seconded by Councilmember Nolan the meeting unanimously adjourned by verbal “ayes” at 8:00 p.m.

__________________________ __________________________

Mayor Township Clerk

Approved: March 17, 2008