MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
JULY 14, 2010
The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:05 PM. The Open Public Meetings Statement was read by Mayor Kaithern who then led those present in the flag salute. Mayor Pamela Kaithern, Deputy Mayor Peter Burke, and Commissioner Ramsey Geyer answered roll call. Also in attendance Deputy Clerk Kate Kilian, and Borough Solicitor Christine Cote’.
WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed the monthly report for July.
OLD BUSINESS
Energy Audit: Commissioner Burke reported that Resolution 112-10 Authorizing the Mayor to Execute an Agreement with Steven Winter Associates for Performance of a Energy Audit. There is a kick off meeting scheduled on July 19, 2010 with Winter Associates at West Cape May Borough Hall at 8:30AM.
Sunset Boulevard Parking Lot: Commissioner Geyer reported that a letter was received from the DEP to rescind the application for Sunset Blvd Parking Lot. Mr. Belski will submit an application for a 50 foot wetland buffer at no additional cost for application GP6A.
Water System Study: Mayor Kaithern reported that information was received from Cape May County MUA but information is still pending from the City of Cape May, hopefully this information will be forthcoming the week of July 19, 2010.
VFC State Evaluations: Commissioner Geyer reported that additional evaluations are forthcoming from PEOSHA. There is a tentative meeting to be held on August 19, 2010.
NEW BUSINESS
Park Blvd Bike Path and Municipal Aid: It was the recommendation of Borough Engineer, Ray Roberts, to submit Municipal Aid and Bikeway Trust Fund applications electronically to NJDOT. Discussion ensued the Board added Resolution 120-10 to the Consent Agenda to authorize Remington Vernick to submit an application to the NJDOT for fiscal year 2011.
REVIEW OF REGULAR MEETING: Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items. Resolution 110-10 was removed from the Consent Agenda.
The Work Session portion of the meeting was adjourned at 7:40 PM and the Regular Meeting convened at 7:45 PM.
CONSENT AGENDA: On motion of Commissioner Geyer, seconded by Deputy Mayor Burke, the following Consent Agenda was unanimously approved on roll call vote.
Minutes: June 23, 2010 Work Session and Regular Meeting
June 23, 2010 Closed Session
June 24, 2010 Special Emergency Meeting
July 2, 2010 Special Emergency Meeting
July 2, 2010 Closed Session
Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing July 28, 2010 at 7:00 PM
453-10 Amending Ordinance 370-06 Entitled “Establishing Rules and Regulations Regarding the Maintenance of Sidewalks”
454-10 Amending Chapter 2 Administration Section 43 Establishing Policies and Procedures for Open Public Records Access Law of the Revised General Ordinances of the Borough of West Cape May
455-10 An Ordinance Amending the Borough of West Cape May’s Salary Ordinance
Resolutions:
109-10 Authorize Special Event Permit to Friends of Cape May Jazz, Inc.
111-10 Authorization to Accept the Audit Report for 2009
112-10 Authorizing the Mayor to Execute Agreement with Steven Winter Associates for Performance of Energy Audit
113-10 Insertion of Special Item of Revenue Pursuant to N.J.S.A. 40A-87, Chapter 159 – NJ Energy Audit Grant Program
114-10 Insertion of Special Item of Revenue Pursuant to N.J.S.A. 40A-87, Chapter 159 – NJ Clean Communities Grant Program
115-10 Authorizing Award of Contract for Emergency Generator and Trailer
116-10 Authorizing the Application for and the Execution of a Subcontract
with the County of Cape May for the Municipal Alliance Program
117-10 Calling on the State Legislature and the Governor to Enact Property Tax Reform with Passage of the “Municipal Toolkit” and other Mandates Relief
118-10 Scheduling of Closed Session – Construction Code Services
119-10 Bill Payment
120-10 Authorizing Remington Vernick to Submit Application to DOT for Fiscal Year 2011 for Bike Path
NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING:
450-10 An Ordinance Amending the Borough of West Cape May’s Salary Ordinance (#360-10) for Salary Range for the Construction Code Official
Deputy Mayor Burke made a motion, seconded by Commissioner Geyer, to open the public hearing on the above ordinance.
Bud McDonough, 135 Third Avenue, stated that he believes there is not enough revenue to support a West Cape May Construction office and that a construction office should be a shared service. Deputy Mayor Burke explained that this ordinance was amended due to the fact of the salary was much lower in 2006,
Kathy Gallagher, 629 West Avenue, inquired if one of the Commissioners could explain the Construction Interlocal Agreement with the City of Cape May? Commissioner Geyer explained the Construction agreement to Ms. Gallagher.
When no one else from the public wished to speak, Commissioner Geyer made a motion to close the public hearing and adopt Ordinance 450-10. Deputy Mayor Burke seconded the motion which was carried unanimously on roll call vote.
451-10 An Ordinances Amending Chapter 17 Street Excavation of the Codification of the Borough of West Cape May
No one from the public wished to speak, Deputy Mayor Burke made a motion to close the public hearing and adopt Ordinance 451-10. Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.
452-10 Establishing a State uniform Construction Code enforcing Agency – AS AMENDED.
Discussion was postponed until after the Closed Session
COMMISSIONERS REPORTS:
Commissioner Geyer stated he, as well as Mayor Kaithern, Dan Rutherford and Fire Chief McPherson attended Cape May County Hurricane Preparedness conference on June 12, 2010. The purpose of the conference was to make sure that all municipalities have documented processes if hit by a 1st class hurricane. Mr. Geyer noted that Cape May County has an agreement to move West Cape May equipment to higher ground if a hurricane does strike, eg municipality of Woodbine.
Deputy Mayor Burke announced the Borough will host a Red Cross Blood Drive on Monday, July 19th. He encouraged the residents of West Cape May to participate in this important event.
Mayor Kaithern announced the release of a County wide prescription drug plan and encouraged residents to participate. Also inform your neighbor of the plan. Mrs. Kaithern also stated that Charlotte Anderson had forwarded minutes from the Cape May County Animal Shelter Advisory Board.
PUBLIC PORTION:
Bud McDonough, 135 Third Avenue, stated the most important issue in 2010 is the water system and to continue the investigation of the water system. Mr. McDonough suggested that a poster advertising the blood drive on 7/19 be placed on the windows of businesses in town. Commissioner Burke stated they were placed on the widows approximately 10 days ago. Mayor Kaithern suggested Commissioner Burke be applauded for all the work he does for the blood drive, as he coordinates, makes all the phone calls and is here on the day of the drive. Mr. McDonough stated that residents that have cell phones be included in reverse 911 calls.
Kathy Gallagher,629 West Drive, stated that she cannot believe that the Borough does not have results from Edens Recovery’s analysis and that John Feairheller’s data would be a great benefit to the Edens analysis. Mayor Kaithern stated that Andy Kricun, Civil Engineer and Project Manager works with Edens Revenue Recovery. Mr. Kricun cannot control when the MUA and Cape May City submit data for analysis. Mr. Kricun is looking at every option to expeditiously solve the problem and obtain the solution.
Mike Bean, 400 Fow Avenue, suggested that Edens Recover/Andy Kricun give Cape May City an OPRA request to obtain the information that is needed. Mayor Kaithern thanked Mr. Bean for the suggestion.
John Rowley, 123 Emerald Avenue, inquired about obtaining copies of the additional information provided to Edens by Cape May County MUA and Cape May City. In reference to Ordinance 452-10, Establishing a State Uniform Construction Code Enforcing Agency, Mr. Rowley stated that section 5 should be eliminated. Mr. Rowley inquired why this ordinance is necessary. Commissioner Burke replied that an ordinance must be in placed if the need arises that the Borough has its own construction office. Mr. Rowley stated that the expense of a construction office should not be on the residents. Mr. Burke stated his opposition was duly noted.
Tom Douglas, 706 Broadway, voiced his concerns regarding properties that have a change of use and are not regulated for this change. He recommended that an ordinance be enacted that every property being sold be inspected for change of use and home inspection.
Bud McDonough, 135 Third Avenue, suggested the Commissioners make a commitment that Edens Recovery attend the September 14, 2010 meeting and report on the water analysis. Mayor Kaithern thanked Mr. McDonough and would contact Edens Revenue Recovery for their availability to present a report at the September meeting.
Jim Roney, 309 First Avenue, inquired whether a completion date was stipulated when the agreement was signed. Mayor Kaithern replied no date was stipulated for completion.
When no one else from the public wish to speak the meeting was adjourned into closed session at 9:15 PM. Mayor Kaithern announced that action may be taken after the Closed Session.
On motion of Deputy Mayor Burke and seconded by Commissioner Geyer, the Regular Meeting was reconvened at 9:43PM
Mayor Kaithern stated that Construction Code Service was discussed and the following resolutions were added to the Non-Consent agenda:
121-10 Authorizing a Shared Services Agreement between the Borough of West Cape May and Township of Lower to Provide Uniform Construction Code Services.
On motion of Commissioner Geyer, seconded by Deputy Mayor Burke, Resolution 121-10 was unanimously approved on roll call vote.
122-10 Providing for the Establishment of a Shared Services Agreement with the Township of Lower in Lieu of a West Cape May State Uniform Construction Code Enforcing Agency to Replace the Borough’s Interlocal Agreement with the City of Cape May.
On motion of Commissioner Geyer, seconded by Deputy Mayor Burke, Resolution 122-10 was unanimously approved on roll call vote.
Ordinance 452-10 Establishing a State Uniform Construction Code Enforcing Agency
Mayor Kaithern made a motion, seconded by Deputy Mayor Burke and carried unanimously on roll call vote, to table Ordinance 452-10 since the Borough would not be creating its own construction code office
Mayor Kaithern opened the floor to additional public comment.
John Rowley, 123 Emerald Avenue, questioned whether the continued certificate of occupancy proposed in section 5 of Ordinance 452-10 would still be enforced. At this time West Cape May does not require a CCO and Solicitor Cote’ advised it was more a zoning issue than a construction code issue. Mr. Rowley asked whether the Borough owes Cape May City $35,000 under the expiring interlocal services agreement, but Solicitor Cote’ advised that was an ongoing legal question that the Borough is not prepared to discuss at this time.
Mike Bean, 400 Fow Avenue, inquired as to when the Cape May City Interlocal Construction Agreement ends. Commissioner Ramsey replied that the agreement ends July 24, 2010
When there was no remaining business the meeting was adjourned at 9:53 PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer.
Respectfully submitted,
Kate Kilian
Deputy Clerk
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