School District Vote, Utility Dissolution Gets Lower Township Council’s Attention

VILLAS – The post Labor Day Lower Township Council meeting Sept. 3 targeted the ethics of spending taxpayers’ money to advocate a particular position regarding two Lower Cape May Regional School District referendums.
One referendum (date yet to be determined) will decide on a change to the funding formula that is currently based on real estate values. The alternative method that voters may choose would base funding on costs per pupil.
The other decision for voters will determine if Cape May City may withdraw from the district. A vote for withdrawal would require that all three member municipalities (Cape May City, West Cape May and Lower Township) each approve the move, an unlikely event, considering what is at stake for Lower Township should Cape May City prevail. That vote is scheduled for Dec. 9.
Mayor Michael Beck requested that Solicitor Ronald Gelzunas address how the township should go about informing the public about those stakes without violating ethics laws. Gelzunas acknowledged the sensitive nature of the legalities involved by explaining that no taxpayer funds may be used to “advocate” for a particular position. The township may use taxpayer funds only to “inform” the public of facts that voters should be aware of before casting their vote. The premise is that both sides of the issue must be equally represented.
“Could we do a robo-call that informs voters that if Cape May City were to withdraw from the district, then each taxpayer would see an increase of $X dollars?” Beck asked.
“That is OK as long as our facts are correct,” Gelzunas said, as long as only factual information is communicated.
Beck repeated that the township must be “super careful” to avoid a scenario where Cape May could appeal the vote, should they lose, based on any ethics violations. Gelzunas agreed with Beck saying, “Public funds belong to the public,” meaning that they can inform, but never advocate political positions with public money.
LTMUA Dissolution
Gelzunas was then asked for an update on the LTMUA dissolution process.
Gelzunas reviewed the three ordinances that are required to accomplish the dissolution of the LTMUA.
The first addressed the dissolution itself as an expression of council’s intention to act.
The second related to ensuring that the township will assume responsibility for the services previously provided by the LTMUA.
The third ordinance required the township to assume the bond debt currently held by the LTMUA.
He stated that all three ordinances passed which led to the state Local Finance Board action Aug. 13, when the board unanimously approved Lower Township’s request. In its decision, the board stated the township had met all statutory requirements.
The board further added that the township may not gain control of the LTMUA surplus, and that these funds may only be used to provide sewer and water services.
Beck reinforced his position that at no time did the township plan to acquire the LTMUA surplus fund for any purpose other than “rate stabilization.”
“We don’t want the surplus,” Beck added, and reminded everyone that three years ago, others on council (referring to the Republican members) expressed a willingness to take a portion of that surplus according to a provision in the state law. Beck also reminded everyone that the Sept. 15 meeting would include a public hearing on the LTMUA dissolution.
Deputy Mayor Norris Clark spoke out about the money being spent by the LTMUA to fight the dissolution process. He cited the $15,000 contract for a public relations firm, and another $15,000 for the law firm to represent the LTMUA’s position at the local finance board as inappropriate. He also quoted the LTMUA’s final arguments before the board, opposing the dissolution of the authority.
Clark quoted the LTMUA lawyer as arguing that to avoid the dissolution, “Lower Township could share some services with the LTMUA, take $450,000 (from the surplus) and go home.” Clark made a point of the LTMUA’s apparent willingness to give away the surplus to avoid the dissolution.
Police Building Move
“We live in a great place to raise children or retire to,” said Councilman Thomas Conrad. “Now, due to the actions of a few that crime is non-stop, we are bad mouthing ourselves… partly due to politics.” Conrad was referring to the issue of moving the police building back to Villas and arguments that crime in Villas would be reduced by the police presence.
Conrad has been seen as opposing that move, or reluctant to give up on the airport location. He ended by stating that he will make his final decision in October when all the facts are in.
Clubhouse and Sidewalk Projects
Councilman James Neville updated council on the clubhouse project by saying that there have been issues with the gas mains that will require some attention, but that the project is slated to be completed by Nov. 3.
He also reported that in reference to the North Cape May sidewalk project that was opposed by so many residents of that area, the latest FEMA maps seem to indicate that the “VE” flood designation reaches all the way up to the roadbed for a three-block portion of Beach Drive. This would seem to indicate that any future sidewalk construction plan would create flooding issues in the area.
Life Saving Station
Kevin Maloney of the Cape May Maritime Museum provided an update on the planned reconstruction of the Life Saving Station that existed at Cape May Point.
This project is in collaboration with the state Department of Environmental Protection Fish and Wildlife and Lower Township. This structure will be an exact replica of the station built in 1876 by Civil War veterans. Future plans include using the finished station for re-enactments and educational purposes. There will be extra parking and Americans with Disabilities Act compliant public access to the station.
Maloney reminded everyone that the U.S. Life Saving service (with the Revenue Cutter service) later became the U.S. Coast Guard and that those stations were manned by dedicated individuals who often lost their lives trying to rescue mariners.
He thanked council for their support while the museum spent two years seeking permits and grants to begin the project. They are looking for private funding to complete the project; interested persons can log onto the web site at www.CapeMayMaritimeMuseum.org.
To contact Jim McCarty, email jmccarty@cmcherald.com.