MINUTES OF BOARD OF COMMISSIONERS
SPECIAL MEETING
October 22, 2009

The Special Meeting of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 2:00 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, and Borough Solicitor Frank Corrado.

The Board reviewed the changes being proposed in the three ordinances being considered for introduction.

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

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing November 11, 2009 at 7:00 PM
              
435-09    An Ordinance Amending Ordinance 428-09 Regarding Accessory Apartments in Commercial Zones
436-09    An Ordinance Replacing Ordinance 417-09 to Revise the Borough’s  Accessory Apartment Regulations
437-09    An Ordinance of the Borough of West Cape May to Address the Requirements of the Council on Affordable Housing (COAH) Regarding Compliance with the Municipality’s Prior Round and Third Round Affordable Housing Obligations (Replaces Ordinance 434-09)

Resolutions
187-09    Authorizing the Sale of Borough Property for the Provision of Affordable “Special Needs” Housing to Meet a Portion of the Borough’s COAH Obligation
188-09    Canceling Auction Bid for Liquor Licenses Due to Lack of Qualified Bidders

PUBLIC PORTION:

Joe Gilmartin, 236 Sixth Avenue, asked if others could bid on the property being sold under Resolution 187-09.  Solicitor Corrado explained a parcel can be transferred without bidding if it is being used in compliance with COAH.

Alan Ahren, 931 Farmdale Drive, spoke against the Borough’s development fees.

Len Fabiano, 903 Farmdale Drive, objected to being asked to pay the residential development fee before building because he started his permitting process over a year ago and was never told about the fee until the day he came to get his zoning permit.  Mr. Fabiano asserted that not every town collects these development fees and felt West Cape May should not either.  Mayor Kaithern explained that the Borough needs to collect the fees to fund the housing plan required by COAH.  Without the fees, the Borough could not afford to comply.  Mr. Fabiano asked to meet with the Mayor to discuss the topic in more depth.

Clyde Stickle, 850 Broadway, spoke against the development fee ordinance for residential properties, feeling it was unfair to single family home owners who are developing their properties by forcing them to carry the burden of providing fees for COAH.  Mayor Kaithern asserted the development fees are the only mechanism currently available to the Borough to raise funds to meet COAH obligations.  Mr. Stickle felt it would be best to make every taxpayer pay a portion of the COAH costs.

Joe Gilmartin asked when the ordinance was passed and how many permits were pulled since then.  Mayor Kaithern advised the research was done for the court case, but she didn’t know the figures off the top of her head.  Mr. Gilmartin also asked if the Borough had control over the percentage charged.

There being no further business, a motion was made by Deputy Mayor Burke, seconded by Commissioner Geyer, and carried unanimously by the Board of Commissioners to adjourn the meeting at 3:00 PM.

Respectfully submitted,

Elaine L. Wallace, RMC
Borough Clerk