The following members of Council were present for roll call taken by the Clerk: Councilmember Thomas Conrad. Councilmember Glenn Douglass

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1 The regular meeting of the Township Council of the Township of Lower, County of Cape May, State of New Jersey was held on August 6, 2007 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 Glenn Douglass Councilmember Robert Nolan Mayor Walter Craig Also present: Paul Baldini, Solicitor and Joseph Jackson, Manager Absent: Councilmember Mazurek Proclamation - Coach Mickey Day - August 12, 2007

2 Mayor Craig said August 12 would be proclaimed as Coach Mickey Day. He coached for 30 years and it was a labor of love. Coach Mickey McPherson said he did it for 29 years and loved every minute of it. Councilmember Douglass said he coach his 3 kids and they had a wonderful time. Retirement - Dan Kerns Mayor Craig presented a plaque to Dan Kerns for his 30 years of working for the Township. WORK SESSION Review of Consent and Regular Agenda Items No comments. Consent Agenda 1. Approval of Minutes July 16, Membership Application NJ State Firemen s Association - Villas Fire Co. - Charles C. Jordan, Andrew R. Mc Closkey, Richard P. Harron & Vincent F. Stone 3. Resolution # , Payment of Vouchers, $3,558,109.81

3 4. Resolution # , Resolution Increasing Quote Threshold Pursuant to N.J.S.A. 40A:11-6.1(a) 5. Resolution # , Resolution in Opposition to the Water Quality Management Planning Rules 2007 Re-adoption with Amendments Promulgated by the State of New Jersey; New Jersey Department of Environmental Protections 6. Resolution # , Authorization to Cancel Taxes on Township Owned Property 7. Resolution # , Insertion of Special Item of Revenue Pursuant to N.J.S.A. 40A:4-87, Chapter 159 (Click It or Ticket) 8. Resolution # , Authorization For Ocean Cab Services, LLC to Transfer Taxi License From 1995 Windstar to A 1995 Ford Wagon 9. Resolution # , Authorization for Refund of Taxes (overpayments) 10. Resolution # , Issuance of Ice Cream Peddling Salesman s Licenses 11. Resolution # , Authorization for Payout of Accumulated Time (D. Kerns) 12. Resolution # , A Resolution Requesting Release of Performance Guarantee for Admirals Court Major Subdivision; Block , Lot 7 and Block , Lot 7 Escrow #P Resolution # , Authorization for Acceptance of Street - Admiral s Court 14. Resolution # , Certification to Local Finance Board of Receipt and Review of Audit Sections General Comments & Recommendations (annual certification) 15. Resolution # , Renewal of Commercial Excavation (Gravel Pit) Licenses for Thomas F. Brodesser, Jr. (2 licenses) 16. Resolution # , Renewal of Commercial Excavation (Gravel Pit) Licenses for James M. Hemingway t/a Garden State Dredging, Inc. (3 licenses) 17. Resolution # , Amending Cash Management Plan 18. Resolution # , A Resolution Requesting the County of Cape May Department of Health to Include the Following Areas in the

4 Countywide Wastewater Management Plan Update (208 Plan) Currently Being Complied: Briarwood Drive, Trotter Way; Bridle Path; Paddock Lane: Carriage Lane & Timber Lane 19. Resolution # , Authorizing Application for 2008 State Aid Funding For the Reconstruction of Fire Lane From Shunpike Road to Summer Circle and Authorizing Remington, Vernick and Walberg Engineers to Prepare Said Application 20. Resolution # , Authorizing the Person to Person Transfer of Liquor License # from BW Inc. to CJ Holdings 1, LLC (Pocket License) 21. Resolution # , Insertion of Special Item of Revenue Pursuant to N.J.S.A. 40A:4-87, Chapter 159 (NJ Council of Arts) 22. Resolution # , Differential Pay for Employees in the Military Reserves or National Guard Called to Active Duty Because of the Afghanistan and Iraq War 23. Ordinance # , An Ordinance Amending Chapter 400, Section 8 Of The Code of The Township of Lower, By Removing Language Which Creates a Contradiction In The Zoning Ordinance, 1 st rdg. (2 nd rdg. & Public Hearing - August 20th) Councilmember Douglass motioned to adopt the consent agenda items #1-23, seconded by Councilmember Conrad. The consent agenda was adopted by the following roll call vote: Councilmember Conrad, yes, Councilmember Douglass, yes, Councilmember Nolan, yes, Mayor Craig, yes. Regular Agenda Resolution # , Payment of Vouchers, $10,000 (Lower Township Rescue Squad)

5 Councilmember Nolan motioned to adopt the resolution, seconded by Councilmember Douglass. 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. Administrative Reports Personnel Action Report, Tax Collector s Certification of Mailing of Tax Bills June 2007 Reports - CFO, Code Enforcement, Fire Safety, Municipal Court, Municipal Land Use, MUA, Police Council Comments Councilmember Conrad said Family Movie Night would be starting on August 15 th at Mulligan Field. He also asked everyone if they could to attend National Night Out that would be held on August 7 th. Bennett s Project Councilmember Douglass said he met with the Engineer, Township Manager and DPW regarding Bennett s Project and all was moving forward and the bid packet should be out next week. He said they were looking at some cost savings by using Township employees when they could. Councilmember Nolan also mentioned National Night Out and said it had been great in the past. He mentioned the Police, Fire and Rescue would be there as well as other groups. He said he

6 attended a meeting with all the fire companies and the Rescue Squad on coordinating the jaws of life and the best use of services. He said a lot was accomplished and they were trying to provide good services to the community. Mayor Craig mentioned the blood drive at Township Hall would be on August 15 th. Public Comments 7:15 Whale of a Day Festival Jay Whitmoyer, Townbank and Cape May Beach Property Owners Association President said they put on the Whale of a Day in July. He said he appreciated the support from the Township and the day was a success. He said approximately 15,000 people attended the festivities throughout the day and it had to be a positive impact on the Township. Mr. Whitmoyer thanked Chief Donohue, Sgt. Heinkel, Captain Marker and the Rescue Squad for their outstanding job. Shadeland Avenue Pathway Don Oaks, Victorian Charm 417 Tahoe Dr. said he was present to discuss the series of s regarding the access to the beach at Shadeland Ave. and asked why the problem hadn t been addressed. Mayor Craig said it was the first he heard of the problem. Manager Jackson said he was a little familiar with it the lot in question had been sold so there was no more access as there had been in the past. He said the Township would have to get

7 permission from DEP and a survey to move and cut into the dunes. He said it should be in next years budget to put the access. Mr. Oaks said then do it. Manager Jackson said it was up to DEP the Township would needed their approval. Mr. Oaks said since 2002 it had been going on and would like to see something done about it. Wesley Oaks 415 Tahoe Dr. said he would like to comment on the same topic. He said Cape May Beach had no access to the beach. He said the Villas had access and now the Township posted signs that for beach access you had to go to Hollywood Road. He said he was told the Township had drainage pipes with an easement that would provide feet of access. Mr. Oaks suggested to take Shadeland Avenue all the way through. Mayor Craig said it wasn t that easy when dealing with DEP and this was the first of hearing about the problem. He said the Township would look into the issue and he would like to review the past s. Mr. Oaks said there were signs before showing the beach access. Councilmember Nolan said it was the second time there were issues with beach access. He said the easements were in place for the pipes. He would like to see if the Township could get approval from DEP to have access at all the easements in the area. Councilmember Nolan said in reality over a period of time properties were bought and sold and the paths changed and were overgrown. He said they would look into where access could be made. Councilmember Conrad said Public Works was working with the Engineer and DEP to get the drains repaired.

8 Resolution # , 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 Councilmember Nolan motioned to adopt the resolution, seconded by Councilmember Conrad. 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. CLOSED SESSION SEPARATE Council returned to open session and there being no further comment, Councilmember Nolan motioned to adjourn the meeting, seconded by Councilmember Conrad the meeting unanimously adjourned by verbal ayes at 9:01 p.m. Mayor Township Clerk

9 Approved: August 20, 2007