Borough of West Cape May

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:00 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, Borough Engineer Ray Roberts and Borough Solicitor Frank Corrado.

PUBLIC QUESTIONS ON THE CONSENT AGENDA ONLY: None

WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed the report for November 2009.

OLD BUSINESS
Solar Energy: Engineer Roberts offered to prepare an RFQ for publication, looking for firms interested in providing the Borough with presentations on payment agreements for solar energy, similar to the presentation given by Cambria Solar at the October 14th meeting. Hopefully the Borough would receive multiple responses and could pick the top 3 to give a live presentation.

VFC Update: Steve Nelson, Deputy Chief of the Volunteer Fire Company, announced the VFC has met the 3 requirements set by the Board at the October 14th meeting. Commissioner Geyer thanked Steve and his team for getting the objectives met so quickly. Mayor Kaithern, having just received the documents, asked for time to review them before any action was taken. She also asked Mr. Nelson to provide 2006 and 2007 tax returns as requested by the State DCA. Solicitor Corrado asked that he review the statutes and meet with a representative of the VFC to make sure the forms and by-laws cover everything and that the VFC understands how they need to fulfill the third requirement.

Liquor License Bid: The Commissioners will consider if they are in favor of rebidding at this time and will discuss at the next meeting.

Scheduing Wilbraham Park Events: Mayor Kaithern explained that there was a lot of response to the idea of not allowing Myrtle Avenue to be closed for certain events at the park. As a result, she suggested adding to the consent agenda the resolution to schedule events for 2010 with no changes. There are some parking initiatives in the works and possibly the difficulties experienced this past year can be avoided next year.

Ursula Friedrich, 523 Broadway, asked what some of the parking solutions would be. Mayor Kaithern explained the Borough is looking into creating more parking on Park Boulevard and on a Borough-owned lot on Sunset Boulevard.
Bill Causey, West Cape May Business owner and President of the Chamber of Commerce of Greater Cape May, thanked the Borough for responding to the concerns of the community.

Bud McDonough, 135 Third Avenue, would like to see the bike paths put in more scenic areas of town, rather than on Park Boulevard. Mayor Kaithern explained that the Borough is bound by design standards and Borough-owned roads.

Diane Flannegan, 324 Broadway, expressed appreciation for not eliminating the use of Myrtle. By using the street, the events generate about an extra $5,000.

NEW BUSINESS
Safety Report – Commissioner Geyer: Ramsey Geyer reported that all safety objectives for 2009 have been met. He thanked Kate Kilian for doing such a great job as the Safety Coordinator.

Budget Transfers for 2009: Commissioner Geyer asked that, now that we are in the last 2 months of the year, that transfers be discussed. The VFC has a shortfall for repairing the aerial truck and the price is only good for 90 days. Mayor Kaithern informed him the CFO is working on a list of transfers that are needed and a resolution should be ready for the next meeting.

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 7:58 PM and the Regular Meeting convened at 7:58 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 28, 2009 Regular Meeting and Work Session

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing on December 9, 2009 at 7:00 PM

439-09 Approving Amendment to the Historic Preservation Commission Guidelines

Resolutions:
195-09   Authorizing the Mayor to Sign and Execute Change Order #4 Final for Sixth Avenue Reconstruction
196-09   Authorizing a Professional Services Contract with Triad Associates for USDA for Pre-Application for Infrastructure Improvements
197-09   Bill Payment
198-09   Setting Dates of Events for Wilbraham Park for 2010

NON-CONSENT AGENDA:
ORDINANCE FOR SECOND READING AND PUBLIC HEARING:

433-09 An Ordinance Amending Ordinance 419-08 Concerning Housing Development Fees

Commissioner Geyer made a motion, seconded by Deputy Mayor Burke, to open the public hearing on the above ordinance.

Mike Bean, 400 Fow Avenue, was aware of one project that was abandoned because of these fees and asked if there was a comparison between last year and this year. Mayor Kaithern advised him that construction figures are up over 2008. Mr. Bean asked if there were any other municipalities that have the same fees. Mrs. Kaithern explained that many municipalities have them, including Cape May, Ocean City and Cape May Point.

When no one else from the public wished to speak, Deputy Mayor Burke made a motion to close the public hearing and adopt Ordinance 433-09. Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.

434-09 Dropped from Consideration and Replaced by 437-09

An Ordinance Amending 428-09 Regarding Accessory Apartments in Commercial Zones

Deputy Mayor Burke made a motion, seconded by Commissioner Geyer, to postpone the second reading and public hearing until November 16 due to a printing error with the Star & Wave. The motion was carried unanimously on roll call vote.

436-09 An Ordinance Replacing Ordinance 417-09 to Revise the Borough’s Accessory Apartment Regulations

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 436-09. Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.

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)

Deputy Mayor Burke made a motion, seconded by Commissioner Geyer, to open the public hearing on the above ordinance.

Mike Bean, 400 Fow Avenue, asked for details on what the Borough’s COAH requirements are. Mayor Kaithern explained how the 23 units break down and that the changes being made were mandated by the court.

When no one else from the public wished to speak, Deputy Mayor Burke made a motion to close the public hearing and adopt Ordinance 437-09. Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.

COMMISSIONER REPORTS

Commissioner Geyer verified that Solicitor Corrado will meet with the VFC to discuss the documents provided to meet the requirements for recognition and to make sure the by-laws meet the audit requirements. Mr. Geyer announced the Animal Advisory Council is discussing adding members from all municipalities in the County. He also announced November is Pancreatic Cancer Month and the County Department of Health is having an awareness day on November 14th at the Avalon Community Hall. Mr. Geyer attended the dedication of the canal bridge into Cape May as the Veterans Memorial Bridge. Lastly, he attended the Veterans Day ceremonies in Cape May and Cape May Court House, which were nice affairs despite the weather.

Deputy Mayor Burke also attended the Cape May Veterans Day ceremony and thanked Jim Rooney for emceeing the event. He also announced public works will complete the energy audit application started before Dick Rigby left office.

Mayor Kaithern announced that Atlantic City Electric has received $1 million in stimulus grants to improve service to eliminate power outages, which would include smart meters.

PUBLIC PORTION:
Kathy Gallagher, 629 West Drive, first expressed confusion over the delay in recognizing the Volunteer Fire Company and the problem with transferring money to pay the most recent truck repair bill. She also asked the Board to schedule a public meeting to explain the water and sewer rate increases that were adopted earlier in the year and what happened to cause them. Ms. Gallagher agreed to provide a list of questions and the Mayor will determine which professionals need to attend the meeting to answer those questions.

Bud McDonough, 135 Third Avenue, thanked all the Commissioners for attending the Veterans Day ceremony. He also suggested the Borough start setting money aside in a savings account for the Fire Company in case a new truck would need to be purchased. Lastly, he hoped the VFC issue was resolved by the end of 2009.

Mike Bean, 400 Fow Avenue, expressed his appreciation for the Volunteer Fire Company and all they do for the community and hoped the issues would be resolved in a timely manner.

Jim Rooney, 309 First Avenue, thanked the governing body for being at the Veterans Day ceremony.

Ursula Friedrich, 523 Broadway, asked who paid for the rehabilitation of the Fire Hall. Mayor Kaithern explained the Borough paid for the materials and the VFC provided the labor.

Bud McDonough, 135 Third Avenue, suggested the Borough send a letter to Wildwood supporting them for the Veterans wall they will be installing. Mr. McDonough will provide information to the Mayor.

When no one else wished to speak the meeting was adjourned at 9:02 PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer.

Respectfully submitted,

Elaine L. Wallace, RMC
Borough Clerk

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