MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
October 28, 2009

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 1:00 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 Christine Cote’.

PUBLIC QUESTIONS ON THE CONSENT AGENDA ONLY:  None

WORK SESSION
OLD BUSINESS
Pedi-cab Regulations: Solicitor Cote’ provided a draft ordinance to prohibit the commercial use of Pedi-cabs.  There was some discussion on whether there should be a special fine, but the Board decided against it.  Commissioner Geyer, as the Commissioner in charge of public safety and the court, was asked to review all fines to see if any revisions are needed.  The ordinance was added to the consent agenda for introduction.

Parking Lot on Sunset:  The Borough is waiting for a decision from NJDEP on the wetlands delineation request.  Until then, the topic will be removed from the agenda.

Solar Energy:  The Board discussed the presentation given at the last meeting.  The Commissioners are interested in pursuing solar energy options, but are not certain which route to take.  They were in favor of having other companies give presentations in the future.  Commissioner Geyer will look into grants that could be obtained so the Borough could install its own solar panels, an option that he would prefer.  In a related matter, the Board discussed the status of the energy audit.  The Borough had begun the process under Commissioner Rigby, but the Public Works Department didn’t have the time to complete certain portions.

Volunteer Fire Company Update:  Commissioner Geyer would like to send a letter outlining exactly what documents the Borough needs from the VFC to put Ordinance 430-09 back on the table.  He believed the Borough is requiring proof of incorporation status from the State, charitable organization status from the State, and a documented process insuring that these things are completed in the future.  The IRS 501c3 status is not necessary at this time as long as the VFC doesn’t advertise that contributions are tax-deductible.  Mr. Geyer checked with the State and confirmed the VFC has achieved incorporation and charitable organization status, but they do not show online.  Commissioner Burke asked if the VFC could provide copies of all its filings to the Board.  Mr. Geyer agreed to request the VFC provide copies.  There was some confusion over what financial records and auditing needs to be done.  Mrs. Cote’ will get clarification from Solicitor Corrado.  She will also give Mr. Geyer’s draft letter to him to review.

NEW BUSINESS
Scheduling of Events for Wilbraham Park 2010: Mayor Kaithern suggested not closing Myrtle Street as a way to help alleviate some of the parking problems associated with the events in Wilbraham Park.  She also suggested that anyone wanting more space for their event could be moved to the Backyard Park.  She would like to see the Borough be the first to move the events it sponsors to the Backyard Park.  Solicitor Cote’ recommended language that would preclude anyone else from scheduling an event at Wilbraham Park on the same date as an event that was moved to the Backyard Park.  She will draft language to that effect and Resolution 191-09 will be removed from the consent agenda. 

Parking Enforcement:  There was discussion on how to get compliance with parking regulations, especially during events in Wilbraham Park.  Mayor Kaithern suggested temporary “no parking” signs similar to the ones used by the Police Department during the Farmers Market. 

Meeting Schedule for November:  Due to a conflict between the regular schedule and the advertisements for several ordinances, the Board agreed to cancel the meeting scheduled for November 4th and to schedule a special meeting on November 11th at 7 PM.

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 2:35 PM and the Regular Meeting convened at 2:42 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:    October 14, 2009 Regular Meeting and Work Session
                  October 14, 2009 Closed Session, October 22, 2009 Special Meeting

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing

1. An ordinance of the Borough of West Cape May to Amend Chapter 7 of the Borough of West Cape May Code to add a Prohibition Against the Use of Non-Motorized Tax-Cab Vehicles within the Borough

Resolutions:
189-09   Release of Unexpended Escrow Fees – Raymond Pellegrino
190-09   Authorizing Treatment Works Approval Permit Application (TWA) for the Fifth Avenue Sanitary Sewer Extension
191-09   Schedule of Events for Wilbraham Park 2010 - Removed
192-09   Refund of Fee for Tomato Festival – Anna Regan and Frank Jordan
193-09   Refund of Fee for Tomato Festival – Walid Abdelgawad
194-09   Bill Payment

NON-CONSENT AGENDA:
ORDINANCE FOR SECOND READING AND PUBLIC HEARING:
432-09   An Ordinance of the Borough of West Cape May to Amend Sections 7-7.6 and 7-9 of the Borough of West Cape May Code

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, Deputy Mayor Burke made a motion to close the public hearing and adopt Ordinance 432-09.  Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.

COMMISSIONERS REPORTS:

Commissioner Geyer reported on an excellent joint training session with the Cape May Fire Department.  The CMFD filled the Franklin Street school with fake smoke and created obstacles and structures for the firefighters to practice navigating and chopping etc.  The training sessions happen every month and Mr. Geyer would like to see all the fire companies involved.

Commissioner Burke reminded everyone the 125th Anniversary Dinner will be held on November 15th at the Fire Hall.  Tickets are $15 and available in the Clerk’s Office.

Mayor Kaithern reminded everyone of the following schedule of fundraisers for the Christmas Parade:  November 2nd spaghetti dinner at the VFW; November 14th beef and beer at the VFW; November 22nd pork roast dinner at the Fire Hall.

PUBLIC PORTION: No one wished to speak.

When no one else wished to speak the meeting was adjourned at 2:52 PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer.

Respectfully submitted,

Elaine L. Wallace, RMC