MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
October 14, 2009

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:08 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:  Borough Clerk Elaine Wallace, Deputy Clerk Kate Kilian, Borough Solicitor Frank Corrado, and Borough Engineer Ray Roberts.

Presentation by Ken Echevarria of Cambria Solar:  Mr. Echevarria gave a presentation on installing solar panels at the Borough Hall complex and the various options that could be used to do the project.  He gave particular attention to the possibility of a Power Purchasing Agreement, which would entail an investor installing and owning the equipment and selling power to the Borough over a 15 year agreement.  Tax credits, guaranteed sales, and the ability to sell solar renewable energy credits are all incentives that attract investors to this type of agreement.

Mayor Kaithern announced that funeral services will be held for former employee and resident David Vasser on Thursday, October 15th from 10:30 to 11:30 at Sudak-Danaher Funeral Home.

PUBLIC QUESTIONS ON THE CONSENT AGENDA ONLY:  None

WORK SESSION
ENGINEER’S REPORT: Engineer Roberts reviewed his report for October.

OLD BUSINESS
Pedicab Regulations:  The Borough Solicitor will draft language for consideration.

Parking Lot on Sunset:  Letters were sent out to residents and an application will be sent to the NJDEP within the next week.  The Borough will have to wait for a determination from the NJDEP before taking any further steps.

Farmers Market:  Mayor Kaithern explained the CFO has not provided final figures, but it appears the market generated $26,000 this summer, and net profits were around $15,000.  The net proceeds will be divided between the Environmental and Shade Tree Commissions once all expenses related to the market have been paid.

NEW BUSINESS
Scheduling a Special Meeting:  Mayor Kaithern announced the Borough received a favorable decision from the Judge and its fair share plan was approved.  The Board agreed to schedule a special meeting on Thursday, October 22nd at 2 p.m. to introduce ordinances required by the Judge in connection with the Fair Share Plan.

REVIEW OF REGULAR MEETING:  Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items. 

The Work Session portion of the meeting was adjourned at 8:00 PM and the Regular Meeting convened at 8:07 PM.

CONSENT AGENDA:  On motion of Deputy Mayor Burke, seconded by Commissioner Geyer, the following Consent Agenda was unanimously approved on roll call vote.

Minutes:    September 23, 2009 Regular Meeting and Work Session

Ordinances for Introduction and Publication: Scheduled for second reading and public hearing on November 11, 2009 at 7 PM

433-09      An Ordinance Amending Ordinance 419-08 Concerning Housing Development Fees
434-09  An Ordinance of the Borough of West Cape may to Address the Requirements of the Council on Affordable Housing (COAH) Regarding Third Found Affordable Housing Obligations

Resolutions:
175-09      Resolution Regarding Trick or Treat Night
176-09      Refund Fee for Lima Bean Festival – Norman Schrader
177-09      Refund Fee for Lima Bean Festival – Judy Marcucci
178-09      Authorizing the Application for a NJDCA Small Cities Grant in Connection with Cape Manor Project
179-09      Authorizing Refund of Macedonia Baptist Church Wilbraham Park $250 Deposit for Clean Up Fee
180-09      Authorize Special Event Permit to Cape May, NJ State Film Festival, Inc.
181-09      Authorizing a Professional Services Contract with Triad Associates for NJDCA Small Cities Grant
182-09      Closed Session
183-09      Authorizing the Mayor to Execute and Sign Certificate #4 – Remote Read Water Meter Installation ($6,270)
184-09      Authorizing Change Order #2 for Remote Read Water Meter Installation
185-09      Bill Payment
186-09      Authorizing the Mayor to Sign 2009 Tree City USA Application for Recertification

NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING: Taken out of order

1. Requiring Environmental Impact Assessment.

Commissioner Geyer made a motion, seconded by Deputy Mayor Burke, to open the public hearing on the above ordinance.  When no one from the public wished to speak, Commissioner Geyer made a motion to close the public hearing and adopt Ordinance 431-09.  Deputy Mayor Burke seconded the motion which was carried unanimously on roll call vote.

1. An Ordinance of the Borough of West Cape May Establishing the West Cape May Volunteer Fire Company as the Official Fire Company for the Borough of West Cape May

Deputy Mayor Burke made a motion to recess into closed session prior to consideration of Ordinance 430-09.  Commissioner Geyer seconded the motion which was passed on unanimous roll call vote.

The meeting was recessed into closed session at 8:13 p.m. and reconvened at 8:32 on motion of Commissioner Geyer, seconded by Deputy Mayor Burke.

Solicitor Corrado explained that the Volunteer Fire Company is still working on a few issues that need to be resolved before they can be officially recognized by the Borough and advised the Board to table the ordinance until that happens.  The VFC has begun the steps necessary to resolve these matters.

Jim Roney, 309 First Avenue, asked for details on why the ordinance can’t be passed.  Solicitor Corrado explained that the VFC hasn’t registered with the State of New Jersey as a charitable organization – which means it is not legally permitted to solicit donations.  Secondly, it has not filed with IRS for 501.c.3 tax-deductible status, which means it is not permitted to advertise that donations are tax deductible.  Lastly, it must reestablish its incorporation with the State of New Jersey.  Until these issues are rectified, it would be negligent of the Borough to officially name the VFC as the official Fire Company of the Borough of West Cape May. The Borough plans to move forward with the ordinance as soon as these items are completed.

Mike Bean, 400 Fow Avenue, was disappointed that the matter have not been resolved in the last two years and feared that public safety was compromised.  He was also upset over lost grant money because the VFC was not official.

Fire Chief Chuck McPherson, 1088 Shunpike Road, assured everyone that public safety has not been compromised.  He expressed frustration that the Borough couldn’t just recognize the VFC.  He also felt the Borough was partially to blame for paperwork not getting filed.  Solicitor Corrado explained to Mr. McPherson the difference between the various requirements and how they had nothing to do with the Borough.  Mr. McPherson wanted to make sure no other items would be required once the matters in question are resolved.  Frank Corrado asserted that the items being addressed are the only legal impediments of which he’s aware.  The VFC also needs to demonstrate and prove that it is establishing procedures to insure these problems don’t recur.

Tom Douglas, 706 Broadway, asked that a clear list be given to VFC of what still needs to be done. 

Commissioner Geyer moved that Ordinance 430-09 be tabled until such time the requirements are in pace.  Deputy Mayor Burke seconded the motion which was passed unanimously on roll call vote.

COMMISSIONERS REPORTS:
Commissioner Geyer thanked all in attendance.  He also thanked Chief McPherson, Steve Nelson, and Kathy Elwell for all their hard work.  He thanked Buddy Dehart and Bob Elwell for a job well done putting in drain pipes at fire hall.  Mr. Geyer commented on the well-attended Lima Bean festival.  While there were complaints about parking enforcement and tickets, Mr. Geyer’s real concern was for people that were forced to walk or ride their bike in the street because of cars parked in the bike lane.  Lastly, Mr. Geyer announced there are several activities within the county for Breast Cancer Awareness month, including free mammograms at Atlantic Medical Imaging for uninsured women over 45.

Deputy Mayor Burke announced the Environmental Commission is sponsoring Project Porchlight on Saturday, October 17th from 10 a.m. to 2 p.m.  Deedie McMahon invited the public to participate; a free lunch will be provided.  Mr. Burke also announced the Shade Tree Commission collected donations for the West Cape May Christmas Parade during the Lima Bean Festival.  Lastly, the Shade Tree Commission is sponsoring a “Friends of the Park” Brick program.  Anyone Interested can purchase bricks for $75 with 3 lines of engraving.

Mayor Kaithern announced Judge Nugent decided in the Borough’s favor in the Sixth Street Partners vs. West Cape May builders remedy lawsuit, but has set a very tight time scheduled for amendments to its Fair Share Plan.  Now the Borough must continue working to stay in compliance.  Mrs. Kaithern asked everyone to help keep the West Cape May Christmas Parade a part of this community.  The parade is funded solely through donations.  Although the Borough is sponsoring, it is still being run by Parade Lady Charlotte Daily who has ran it for approximately 43 years.

PUBLIC PORTION: No one wished to speak

When no one else wished to speak the meeting was adjourned at 9:15 PM on motion of Commissioner Geyer, seconded by Deputy Mayor Burke.

Respectfully submitted,

Elaine L. Wallace, RMC