The regular meeting of the Township Council of the Township of Lower, County of Cape May, State of New Jersey was held on April 7, 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

 

                                                 Autism Awareness Month - April 2008

Mayor Craig read a proclamation for autism awareness month.

 

                                                                 WORK SESSION

 

                                               Overview of the 2008 Municipal Budget

Leon Costello, Auditor said the budget was pretty much as predicted from last year.  He said it was one of the smallest increases in the County a little over 2.5cents, he said other towns were over 3 cents.  He said the pension costs were up and had one more phase in PERS in 2009. 

Mr. Costello said the Township lost the State Aid of $120,000, the fund balance was a little better than last year and the debt service was consistent.  He said the capital fund was down, utilities were up as they were everywhere.  He mentioned he would address questions at the public hearing and the amendment to the budget was the reduction in State Aid.  He said for every $470,000 that equaled a penny. 

Mayor Craig asked Council for comments on the budget.

Councilmember Nolan said he was ready to work on it more and would like to hear the public’s comments on it.

 

                                                     Public Comments on the Budget

Ed Butler said it appeared they could still work to reduce it, people needed to survive.  He said they were asking Council to re-look at the budget and cut down further, many other costs were killing people.  He stated people were having problems with their own budgets and had to make adjustments.  He said everyone had to make sacrifices.  He mentioned the State, County and Township had to do something and asked them to help out. 

Janet Pitts asked Council if the looked at the recommendations made and compared to Middle.   She made suggestions such as a hiring freeze and don’t fill vacancies when they occur. 

Mayor Craig said he did look at Middle and it was a comparison of apples to oranges.  He said Lower Township had 22,500 and Middle had 13,000 and Wildwood Crest had a budget of 17 million.

Ms. Pitts said Middle was comparable to Lower and requested it be postponed until it could be cut.

Mayor Craig said the department heads had worked hard to cut costs.  He said he would not jeopardize the public safety.  He stated some people had requested year round recycling.  He said all options had to be explored.

Ms. Pitts asked Mr. Costello if the S & W fell under the 4% cap.

Mr. Costello said yes.

Ms. Pitts asked how did the 7.5% increase in salary work with the cap.

Mr. Costello explained.

Joe Winters asked if he could get an update on the appropriations.

Mr. Costello said the only change was the State Aid that was taken away.

John Skowronski, 607 Arctic Ave. said it was 2.4% increase.

Councilmember Mazurek said it would be a 2.7% increase with the loss of State Aid.

Mr. Skowronski said they had the reval and properties went up how could there be a tax increase.

Councilmember Mazurek explained how the reval worked and how the taxes shift.  He said some people paid more and some paid less, but the Township received no more money from the reval.

Mr. Costello said there were 6 different budgets, County, Library, Schools, Fire Districts and how they were distributed.  He again explained that no new money was received from the reval.

Mr. Skowronski asked if the budget could be published in a pie chart form it would be easier for the people.

Mr. Costello said there was a law pending that would provide a user friendly budget.  He said it would probably be out in 2009.  He said it hadn’t been decided how it would be advertised.

Mr. Skowronski asked if it could be done in house.

Mr. Costello said the pie chart could be done.

Mayor Craig said he would have Mr. Costello and the CFO to work on it.

Eleanor Chestnut of Townbank said she was concerned about the taxes and increase and couldn’t afford to live here.  She mentioned the reval was done at the height of the market and now it fell and could sell her home for the assessed value.  She asked Council if there was anything they could do to help.

Mayor Craig said a citizen complained about the reval and if all assessments were dropped 20% it would not make a difference it wouldn’t change the millage rate.

Mrs. Chestnut said pretty soon it would be a ghost town because no one could afford to live here.

Mayor Craig said we need property tax relief.

Joe Kremp of 11 W. Jacksonville Ave. said it’s not only taxes but other costs. He said he had to give up to get something.  He said he looked at what he was getting the least of and said he was always picking up trash that was left behind.  He stated he would be willing to take his trash to the site for the price the people were paying it wasn’t worth it. 

Mr. Kremp felt they should get ride of the trash dept. and said they leaves never get picked up.  He stated yet the Township pays someone to check on grass cutting.  He said it wasn’t right to send a 97 year old man an intimidating letter about his grass.  He said maybe Code Enforcement should be enforcing not only the people but also the Township.

Dennis Read of 115 Old Mill Drive said he read in the Press the increase was 7.4% and commented the electric was going up double digits, also gas going up to $5 per gallon.  He asked Council to think from the heart and see things in a more humanistic way.  He said his mothers home was there for 45 years and nothing had changed and explain to her why her taxes went up.

Bob Mahon of 117 Heidi Ave. said there was no industry in the Township and one source of income in the Township was retirement.  He said he received a 2.3% increase and the taxes went up 2.7 cents, he said to take a bite and lower the budget.  He mentioned some people had to pay for benefits he said New Jersey was the most taxed State in the union.

Joe Winters said he went to the School Board meeting and asked Council if the knew about the budget.

Mr. Costello said the school budget was not a part of the Township budget.  He said you had to pay whatever was approved.

Councilmember Mazurek said the Township just collected the taxes for the school.

John Hodel of Tranquility said in the fall he saw a Township truck with 2 men riding around and he asked them what they were looking for.   He questioned the method the Township used to buy equipment.

Councilmember Douglass said most of the equipment was bought on bid through low bidder.

Mr. Hodel said they had Peterbilts, chrome on them couldn’t they buy something cheaper.

Tom Chestnut said one way to save was to make sure the bidders were bonded.  He said you could go with different companies and get other bids.  He said the Township didn’t need 25 yarders they were to big for the streets.

Chief Donohue said he was encouraged to see all the people in attendance and wasn’t there to asked for more police.  He stated Middle Township had 10 more police than Lower did.  He said in the last 5 years his OE budget was up less than $2,000.  He said they used to get 5 cars, then 4 and now 3.  He went over the program how he recycles the cars.  He said you can’t get anymore without taking a chance on the public safety.

Ed Butler said he looked into things and many employees had CAP’s on benefits.  He said that could be negotiated s it was in private industry.

Mr. Butler said they had to contain the cost.  He thanked everyone who attended and said they also had concerns.

He said he hoped Council took into consideration what was said and the people’s suggestions.

George Doherty of Seashore Road asked if there was any talk of combining services.

Councilmember Mazurek said they were looking into some shared services.

Mr. Doherty asked about the debt service increase.

Mr. Costello said to pay for Bond Anticipated Notes which would go to permanent bonding in 2009.

Mr. Doherty questioned the pension increase.

Mr. Costello stated the Police and PERS amounts last year and this year.  He said 5 years ago the State didn’t bill anything for the costs and now they collect 20% a year.  He said those costs were not negotiable.

Mr. Doherty asked Council to vote “no” and look a little more.

Mr. Butler said the school budget was separate and April 15th was the School Election people need to get out and vote.

 

Resolution #2008-103,            Amendment to 2008 Municipal Budget

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

 

Resolution #2008-104,            Adoption of 2008 Budget as Amended - TABLED

Mayor Craig asked for Council comments on the resolution.

Councilmember Conrad said he felt they had to look harder and review.

Councilmember Mazurek said clearly they had to review and do something if they can save $10  they can save $10.

He said OE up only $130,000 if they cut it would only save 1/4 of a cent.  They have to cut $470,000 to save a penny.  If the average worker was at $40,000 11 people would have to be cut and no department could do that.  He stated fix cost were the problem, he was always opposed to big bond and buying on time. 

Councilmember Mazurek said there wasn’t a lot of room to cut and the workers had accepted moderate raises.  He would like to see the capital budget cut more.  If there was a choice between the men and cars certainly the cars would go. 


Councilmember Douglass agreed the departments had done a good job and they had to tighten the belts and work on it more.

Councilmember Nolan said he knew it could be cut more and sit down collectively sit down and work on it.  He said it was a $1,500 payout if you didn’t take the benefits.  He felt Council as part-time employees shouldn’t take the benefits as other part-time people aren’t entitled to benefits.

Mayor Craig said all department heads did a good job.  He said in normal times would be ok but it isn’t normal time.

He said everyone was facing increases, bread prices were up and gas prices.  He said safety was paramount to the community. 

 

Review of Consent and Regular Agenda Items

No comments.

 

Consent Agenda

1.                  Approval of Minutes     March 17, 2008

2.                  Membership Application           NJ State Fireman’s Association - Gerard A. Pettit - Villas Fire Co.

3.                  Resolution #2008-91,   Payment of Vouchers, $ 4,041,877.47

4.                  Resolution #2008-92.   A Resolution Requesting Release of Demolition Bond for Block 230, Lot 5, 203 Frances Avenue, Villas, NJ 08251

5.                    Resolution #2008-93,   Authorizing Pay Out of Accumulated Compensatory Time 2007

6.                  Resolution #2009-94,   A Resolution Requesting Release of Maintenance Guarantee for Ace Hardware Store; Block 410.01, Lots 64.01, 64.02, 59.03 & 59.02 Escrow #P02-12-01

7.                  Resolution #2008-95,   A Resolution Requesting Release of Maintenance Guarantee for Garry G. Gilbert & Robin S. Gilbert; Block 749.06, Lot 9.07; Escrow P02-05-17

8.                  Resolution #2008-96,   A Resolution to Memorialize the Existing Lease Between the Lower Township Bureau of Fire Safety and the Township of Lower

9.                  Resolution #2008-97,   Approval for Vineland Fireworks Company Inc. to Load and Unload A Fireworks Barge in Lower Township

10.              Resolution #2008-98,   A Resolution Requesting Release of Maintenance Guarantee for Steve Patrick Plumbing & Heating, Inc.; Block: 505, Lot: 1; Escrow Z04-07-08

11.              Resolution #2008-99,   A Resolution Requesting Release of Performance Guarantee for Canyon Club, Phase 4C; Block: 823, Lot: 3.01, Escrow #P06-06-07

12.              Resolution #2008-100, A Resolution Requesting Release of Performance Guarantee for Bayview Properties, LLC; Block 496.01, Lots 1.01, 1.02, 1.03, 1.04 & 1.05, Escrow #P04-02-13

13.              Resolution #2008-101, Renewal of 2008 Campground Licenses

14.              Resolution #2008-102, Approving the Application of Animal Alliance Cape May County to Conduct a Flea Market on May 3, 2008

15.              Resolution #2008-106,            Resolution Endorsing the Findings of the Lower Township Solicitor, Paul J. Baldini, Pertaining the Confirmation of Voluntary Compliance With COAH at the Conifer Village Project in Lower Township 

16.              Resolution #2008-107, Resolution for Emergency Temporary Appropriations

17.              Ordinance #2008-07,   An Ordinance Accepting and Authorizing Revisions To The Rules and Regulations of The Lower Township Police Department (2nd rdg. April 21, 2008)

18.              Ordinance #2008-08,   An Ordinance Amending Chapter 340, section 16 of the Code of the Township of Lower, Entitled “Violations and Penalties”, By Revising Subsection “C” and Adding Subsection “D” to Chapter 340-16. (2nd rdg. April 21, 2008)

19.              Ordinance #2008-09,   An Ordinance Amending Chapter 432-17 (A) of the Code of the Township of Lower, Entitled “Causes for Revocation”, Adding Subsection “J” to Chapter 432-17(A) (1). (2nd rdg. April 21, 2008)

 

Councilmember Nolan motioned to adopt the consent agenda items #1-19, seconded by Councilmember Mazurek. 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 #2008-05,  An Ordinance Amending Section 400-34 (D) (2) of The Code of The of The Township Of

 Lower, Permitting The Design and Use of Stacked Parking For Single Unit Residential Parking Areas, 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.

Ed Butler asked for clarity on the stacked parking.

Solicitor Baldini said it would be for long parking spaces to allow for more cars and gave examples of stacked parking.  He said it would be for the same unit.

Mayor Craig closed the public portion.

Councilmember Mazurek motioned to adopt the ordinance , seconded by Councilmember Nolan.  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 #2008-06,  An Ordinance Memorializing a Cross-Easement Historically Located at Block 143, Lot

 3.01 on the Portion of Pennsylvania Avenue West of Millman Lane in 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.

Solicitor Baldini said this ordinance clarified the public right of way to access waterfront.  He said down with neighbors and people in the area all were in agreement with the plan.  He said it would be marked and also would have signs.  He said both deeds had the same language.

Mayor Craig closed the public portion.

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

2007 Tax Collector’s Cash Receipt Report

Jan.  2008 - Treasurer’s, March Reports - Animal Control, Bureau of Fire Safety & Vital Statistics

 

 

 

                                                               Council Comments

Councilmember Conrad said when planning for the future you had to think outside the box.  He said they needed to come up with new ideas.  He said the needed to look at energy costs,  ½ million was budgeted for electric so what about windmills, solar panels on the Township Buildings.  He also said maybe go paperless put agendas online, hybrid cars, etc. bring ideas to Council.

Councilmember Conrad mentioned Councilmember Nolan suggested cutting benefits for Council and save there also need to go after more grants.  He said Senator Van Drew came out with a bill that said no more state mandates without review and give him your support.

He mentioned Little League started Saturday.

Councilmember Nolan said all were on the same page and understood how the people felt and all of Council were concerned and were trying to keep the cost down.  He didn’t want the people to think they were taking it lightly.  He said the department head did their best in making cuts.  Council took an Oath to do their best and are doing their best.

Mayor Craig said he received a letter from the County that  the Township would be  receiving $189,896.  He said Little League was Saturday, Friday night was Lower Township Talent Show and there were 20 acts it would be at the High School.

Lauren Read, CFO stated the Township had received 1 million in grants and asked Councilmember Conrad what grants he was looking at.

Councilmember Conrad said they needed more grants for recreation and need to see what could be done.

 

                                                                 Public Comments

Mr. Winters questioned what the anticipated revenue for Garden State Truste.

 

 

Resolution #2008-108,  “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" (Litigation - Godman)

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

 

 

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

 

 

__________________________                                              __________________________

           Mayor                                                                           Township Clerk

 

 

 

Approved: