The regular meeting of the Township Council of the Township of Lower, County of Cape May, State of New Jersey was held on May 19, 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

Presentation of Certificate

Mayor Craig presented a Certificate of Recognition to Joshua Freeman for his kindness and courage in trying to save a dolphin that washed up on the beach.

Work Session

Marc DeBlasio - Bennett’s Field

Marc DeBlasio, Remington & Vernick, Freeman S. Douglass, Jr. Memorial Park

Mayor Craig said Marc DeBlasio, the Township Engineer was present to give an update on the situation of the Freeman Douglass Park.

Mr. DeBlasio said the field was showing random areas of the grass dying. He said there were meetings with the County MUA and subcontractors regarding the soil conditions. He stated there were additional tests of the soil being done. He said the contractor would be back on site to remove and replace the sod and it would be done in two weeks at no expense to the Township.

Councilmember Mazurek said he was the great sod hater, he never had any luck in growing sod. He stated he was a past football coach and felt sod was not a good idea. He stated if the sod was torn up could it be resodded as you could with grass seed.

Mr. DeBlasio said he wasn’t sure. He said the sod would be cut thick so that it would allow the field to be used in August.

Councilmember Mazurek said he wanted the field done right and didn’t want to have to redo it after the players tore it up. He felt sod required more maintenance and water than grass did. He recounted some of the event and problems with the project with the prior administration. He said to check into the maintenance aspect of the field before another load of sod was torn up and thrown away.

Councilmember Conrad said that was warranty work that would be done and to do what Councilmember Mazurek was suggesting would be a change order and there was no guarantee with grass.

Councilmember Douglass said the field was a memorial to his father. He was concerned with not only the football field but also the back field which was laid much later. He stated he didn’t have any problems with the contractors involved or the MUA he felt it was a mix issue and had the change order to add more topsoil. He noticed there were some drainage problems and the mowers were sinking on the side of the football field and had concerns with the back field.

Mr. DeBlasio said the drain swales were doing their job and collecting the water.

Councilmember Douglass said it was on the edge of the baseball field and didn’t want additional problems down the line. He was concerned it was a problem that could have been with the original mix.

Mr. DeBlasio said all entities were focused on getting the matter remediated.

Councilmember Nolan said he was going to be patient and allow Mr. DeBlasio and his firm to stand by their word that it would be done right. He stated he wasn’t sure if grass required more water or not and had confidence it would be done right.

Mayor Craig said when the problems were identified back in March and noticed the brown spots all turned tail and ran. He said the contractor went belly up. He said now everyone was working on fixing it and making it right as they promised. He stated it wasn’t a design defect.

Mr. DeBlasio commended Albrecht and Huen, CMC MUA, Sod Farm and Rutgers for all working to get the job done right.

Review of Consent and Regular Agenda Items

No Comments.

Consent Agenda

1. Approval of Minutes May 5, 2008

2. Resolution #2008-126, Payment of Vouchers, $283,104.48

3. Resolution #2008-127, A Resolution Requesting Release of Demolition Bond for Block 349.02, Lot 4, 263 Birch Road, Villas, NJ 08251

4. Resolution #2008-128, Authorization for Refund of Taxes (Overpayments)

5. Resolution #2008-129, Authorization for the Issuance of Duplicate Tax Sale Certificate (Original Lost)

6. Resolution #2008-130, A Resolution Requesting Release of Demolition Bond for Block 311, Lot 44, 136 Walnut Avenue, Villas, NJ 08251

7. Resolution #2008-131, Pledging Participation as a 2008 Think Safety Community

8. Resolution #2008-132, Acceptance and Bid Award for Electrical Repair Service (as needed - T. Fols )

9. Resolution #2008-133, Approval of Precious Metals License for Adele Christensen t/a Adele’s Jeweled Treasures for the Year 2008

10. Resolution #2008-134, Issuance Ice Cream Peddling Licenses for the Year 2008 to Summer Daze & Fudgy Wudgy

11. Resolution #2008-135, Amendment to 2008 Municipal Budget

12. Resolution #2008-136, Authorization of Payout of Terminal Leave (B. Mericle)

13. Ordinance #2008-10, An Ordinance Amending Chapter 432, Mercantile Licenses, of the Code of the Township of Lower, 1^st rdg. (2^nd rdg & public hearing June 2, 2008)

14. Ordinance #2008-11, An Ordinance Revising Chatper 529 of the Code of the Township of Lower, Entitled “Secondhand Merchants and Dealers of Precious Metals”, to Allow Commercial Flexibility While Also Serving the Interest of the Public Health, Welfare and Safety, 1^st rdg. (2^nd rdg & public hearing June 2)

Councilmember Conrad motioned to adopt the consent agenda items #1-14, 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

Public Hearing on Res. #2008-116 Amendment (increase in heating oil line item)

Mayor Craig opened the meeting on the amendment only.

Joe Winters asked what the increase was for.

Mayor Craig said to cover the cost of fuel.

John Skowronski of Arctic Avenue asked if the Township bid out the heating oil.

Manager Jackson said it was low bid or state contract.

Doug Dine of Evergreen Avenue asked if any energy programs had been looked into. He also asked if the building

temperatures were regulated.

Resolution #2008-137, Adoption of 2008 Municipal Budget (as amended by Res. 2008-106, 116 & 135)

Councilmember Mazurek said it was nice to see a cut in the budget and said he looked at some of the ideas suggested by the taxpayers association and felt some were good. He said the idea of not replacing employees that was suggested, but that may not be viable and some departments would be understaffed. He felt the Police would like more but the Township couldn’t afford it. He felt cuts that were made were not of substance and felt they weren’t really significant.

Councilmember Mazurek stated O.E. increased and would continue to increase. He said he would not vote for the budget. He said the projection for capital over the next 4 years was 4 million plus. He felt the capital budget had to begin to be cut. He read some excerpts from a Press article which was on point with what he was saying. The article stated don’t borrow for reoccurring expenses.

Councilmember Conrad said he agreed that the Capital Budget needed to be looked at.

Councilmember Douglass said they need to start looking for more ways to cut. He said the State was offering early outs. He said the department heads had trimmed their budgets. He also mentioned the possibility of consolidation of services.

Councilmember Nolan said no more medical benefits for Council in 2009 and said the part time employees and others didn’t get benefits. He stated that payment in lieu of benefits would stop. He mentioned Mrs. Pitts comparison with other municipalities and Lower Township was the only one that had a Grants Coordinator and the Township was no better off than any other towns with outside firms.

Councilmember Nolan stated he knew the police needed more people, he was raising grandkids and kids here. He mentioned the quality of life was important and wanted to make it safe and affordable.

Chief Donohue was present and stated his budget hadn’t gone up in years.

Councilmember Mazurek said Council should have a budget OE that they could pay for not the departments stating what they needed.

Councilmember Nolan agreed with Councilmember Mazurek to review it department by department.

Councilmember Mazurek said 9 departments remained the same, 4 were down and 4 increased he also mentioned the Solicitors bill was up. He said OE was the only area that the Township couldn’t cut. He said they couldn’t change anything else but to cut people.

Mayor Craig agreed they could look at the capital budget and it didn’t have to be approved tonight. He said they had department heads and professionals to rely on their expertise. He said if it was just Lower Township we would have a problem, but it was nation wide. He stated a 1.2 million increase was due to fixed costs that they had not control over.

Councilmember Nolan said he felt the Township may be able to cut more.

Manager Jackson said they had time but felt it would not be in the Township’s best interest not to pass it.

Councilmember Conrad asked if all departments were told to cut.

Manager Jackson stated they were not told to cut a certain amount.

Clerk Kammer explained what would occur if it were delayed, they wouldn’t have a tax rate, the bill could be late etc.

Councilmember Nolan said to cut the OE by 2%.

Councilmember Conrad motioned to adopt.

Mayor Craig said to start with the capital and cut back and told the Manager to meet with department heads. He stated he felt the grants position was a luxury that could be cut.

Councilmember Nolan said cut grant department, cut the fat and look at each area.

Mayor Craig said no action taken, table until June.

Administrative Reports

Personnel Action Report

April 2008 Reports - ACO Reports, Clerk’s Office, Code Enforcement, Construction Official, Dog Licenses, Fire Safety, Municipal Court, Police Department, Tax Collector, Vital Statistics

Council Comments

Councilmember Mazurek said residents had come to him about election signs and had suggested to limit the number of signs allowed.

Mayor Craig said there was a sign limit for realtors.

Solicitor Baldini said the areas needed to be checked at elections and said there was the freedom of speech.

Councilmember Douglass said he received a petition for a bike park. He also commended all the departments that had responded to the calls with the past storm.

Councilmember Nolan said all came from different walks of life and different views but all were committed to do the best they could. He stated Lower Township was a great area and he loved it here. He didn’t take things lightly and did listen to what the people had to say.

Mayor Craig said he had a few people asked if the Township gave away a $400,000 grant. He said the grant in question was a pass through grant an innovative development grant and read the criteria for it. He said about 2 ½ years ago Mr. Zuckerman inquired about the Township being a pass through agency for MAC.

Mayor Craig cited a few other pass through grants in other areas of the County. He said the Township didn’t give away any money. He stated it was bad information and ashamed that the information was out there. He said no one had the courtesy to call the Township and get the facts. He said non-profit groups depend on the support of municipalities.

Public Comments

8:15

Energy Conservation

Doug Dine of Evergreen Avenue asked if the Township had an energy conservation policy.

Councilmember Nolan said he felt there was one.

Manager Jackson said he would check but felt one was in place.

Councilmember Mazurek said they had to look at vehicles for use around town that were energy efficient.

Councilmember Conrad said not only windmills and solar panels for savings but also they could be a source of revenue.

Budget

Ed Butler of Delaware Bay Drive commended Council for waiting and looking to cut the budget more. He said Mayor Craig stated there was money from a grant that wasn’t being used.

Mayor Craig said it had to be used for a specific thing such as home repairs.

Mr. Butler asked if the residents could come to Township Hall and inquire about it.

Consolidation of Services

Joe Winters of Florida Avenue asked if Council had spoke to Cape May Point an West Cape May about Police services.

Manager Jackson said it hadn’t gotten that far yet.

Mayor Craig said the Chief put together a good proposal but it was still in the proposal stage.

Mr. Winters asked if West Cape May would be used as a substation.

A brief discussion on the Police issue.

Budget

Eric Edwards of 6 Admirals Court asked the Mayor if he asked fellow Councilmembers to cut their salaries. He said years ago when they increased their salaries there was a lot of grumbling then.

Councilmember Mazurek said the complaints were about the process not the amounts.

Mayor Craig said they surveyed other areas and Lower Township was still the lowest.

Mr. Edwards said in North Jersey there were very few towns that got paid what they did and what was the justification.

Mayor Craig said he already explained.

Mr. Edwards said 3 of the Council worked for the County and took the $1,500 in lieu of benefits and that was a double whamy. He said they asked the departments to cut so what about Council taking a cut.

Councilmember Nolan said Council made $12,000 and he wasn’t ashamed of that.

Councilmember Douglass said he did offer a reduction at a meeting.

Mr. Edwards said they ran for Council and a lot of people would volunteer for it.

Councilmember Nolan said he was entitled to his opinion.

Janet Pitts said she had a budget question regarding the Solicitor and Engineer and thought they weren’t salary.

Solicitor Baldini said the State said they could no longer stack salaries for pension purposes. He further explained.

Paying Taxes by Credit Card

Bill Connors of Shore Drive asked if it was correct that taxpayers could pay by credit card and what did the Township charge.

Manager Jackson said they didn’t charge.

Windmills

Councilmember Douglass said he received calls that there were some concerns about a windmill near Cape May DPW and felt it was to close to some homes. He asked the Manager to look into it.

Budget

Joan McGinnis of Shore Drive said when she worked she was told what the budget was and she had to work within it.

Mike McGinnis of Shore Drive said many Township’s had one man trucks.

Mayor Craig said it was a union issue.

Councilmember Mazurek said he asked DPW and the Manager to look into 1 man trucks, but certain thing were required. He said parking on the streets were an issue and the initial costs. He didn’t think they would work for all areas of the Township.

Mr. McGinnis asked if they negotiate the contracts.

Manager Jackson said the contract was being negotiated now.

Bill Connors suggested it maybe time to sub contract out the trash.

Mayor Craig said the initial cost started out low and then got higher.

John Skowronski said he had been out in his yard recently and a leaf truck went up and down the street 4 times and it was a clean street. He said now the debris was still there from the recent storm.

Gary Douglass of DPW said it wasn’t uncommon to have the leaf truck up and down several streets in the area.

Chief Donohue said all department heads were asked to cut their budgets. He stated he asked for 4 cars and was allowed 2.

Mrs. McGinnis said she agreed with the Chief but said 7 years ago she went to the Police Station and Library and wanted to volunteer. She asked why they wouldn’t take her up on it.

Benefits

Bill Greenfield of the Villas asked if the Public Works negotiations were going on and asked if any thought was given to having the employees pay towards their benefits. He asked how many employees and what was the insurance plan.

Mayor Craig said about 160 employees and Solicitor Baldini said it was Blue Cross and Blue Shield.

Councilmember Conrad said they just started to be able to negotiate the insurance area.

Mr. Greenfield asked if employees got paid for holidays if they worked on Saturday and Sunday.

Councilmember Nolan said there needed to be give and take, it wasn’t as easy as you thought. He said sometimes it came to an impass and an arbitrator decided.

Mr. Greenfield suggested when someone retired, replace them with 2 part time employees.

Solicitor Baldini said the last contract he negotiated there were some give backs. He stated as far as replacing full time with part time it could be done in some areas.

Mr. Greenfield asked the Solicitor if he received benefits and was told no. He said it was the first union contract with insurance give backs and the prescription plan was saving money.

Mr. McGinnis asked what was the average increase in the last 2 contracts.

Solicitor Baldini said about 3.75%.

Resolution #2008-138, 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 (Labor Relations - Teamster’s Local 676)

Councilmember Nolan motioned to adopt the resolution, seconded by Councilmember Douglass. UThe 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: