MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
NOVEMBER 9, 2011

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.

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

OLD BUSINESS
Water System Study:   The replacement meter for Wilbraham Park is expected to be installed by February.  There will be another quarter of billing prior to that installation.  Cape May City did not do daily readings as they said they would during the recent water flushing, but estimated it was 50,000 gallons per day,

Recovering Fire Response Costs: After some discussion, the Board decided not to pursue an ordinance to charge for excessive false alarms.  Commissioner Geyer reported that the local fire chiefs he has spoken to do not want to discuss consolidating to collect fire call reimbursement at the monthly county-wide fire chiefs meeting.  Instead, they would prefer just to have Cape May, Cape May Point, West Cape May, Townbank, Villas, and Erma involved at this point. 

Animal Control Services:  Commissioner Geyer reported that Tri-County Animal Control would like to provide a quote also.  He anticipates having the quote in time to make a final decision at the first meeting in December.

Historic District Map:  Clerk Wallace advised the Board the Historic Preservation Commission will adopt a resolution recommending the Borough adopt the new, simplified map.  After the Board receives that correspondence, it can introduce an ordinance.

Schedule of Events at Wilbraham Park:  Deputy Mayor Burke reported the Shade Tree Commission discussed and has asked the Volunteer Fire Company for more information on what type of event they are proposing, when, etc.  They have been requested to provide the information as soon as possible because of publishing deadlines.

JIF Special Safety Recognition Nominations:  Deputy Mayor Burke provided previous information to the Deputy Clerk.  She and Commissioner Geyer will complete for this year.
NEW BUSINESS
Authorizing Electronic Receipt of Donations for Christmas Parade:  The Board discussed a proposed resolution allowing the Borough to accept donations to the Christmas Parade through PayPal.  If the process is successful, the Borough could consider accepting other types of payments.  The Board felt it was worth trying.

REVIEW OF REGULAR MEETING:  Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items.   Deputy Mayor Burke suggested a “last call” provision be added to Ordinance 465-11.  The Board discussed the matter and felt 11:30 was a reasonable time.  The Board can amend the ordinance after the public hearing.  The change is not substantive, so no republication or additional public hearing is necessary.

The Work Session portion of the meeting was adjourned at 7:40 PM and the Regular Meeting convened at 7:43 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 26, 2011 Work Session and Regular Meeting

Ordinances for Introduction and Publication: Scheduled for second reading and public hearing on October 27, 2010 at 1:00 PM.
467-11      An Ordinance Amending Chapter 5 Animal Control Section 5-3.1 Subsidy for Neutering Cats

Resolutions:
143-11   Resolution Designating November as Pancreatic Cancer Awareness Month
144-11   Designating November 12, 2011 as Cape May County Community Disabilities Awareness Day
145-11   Release of Unexpended Escrow Fees – Jeffrey Punda
146-11   Authorizing West Cape May to Accept Electronic Receipts
147-11   Authorizing Refund of West Cape May PTA Wilbraham Park $250 Deposit for Clean Up Fee
148-11   Authorizing Refund of Banner Fee – Al Maffeo
149-11   Bill Payment
150-11   Scheduling of Closed Session (Potential Litigation – Water Loss)

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

464-11   Bond Ordinance Providing for Improvements to the Water/Sewer Utility in and by the Borough of West Cape May, in the County of Cape May, New Jersey, Appropriating $3,013,000 Therefor and Authorizing the Issuance of $2,305,000 Bonds and Notes of the Borough for Financing the Cost Thereof (Supplemental Debt Statement approved by DCA DLGS)

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

John Rowley, 123, Emerald Avenue, asked for a brief description of the water and sewer components.  Engineer Roberts explained it is not an expansion project, as much as connecting areas that already have sewer, all of which are within the sewer service area.  Anyone in these areas that is not currently on municipal water or sewer will be required to connect.  Water meters will also be installed near Canning House Lane and near Cape May Point.  These meters will provide checks and balances within our system and help to detect if there is a problem. 

When no one else wished to speak, Deputy Mayor Burke made a motion to close the public hearing and adopt Ordinance 464-11.  Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.

465-11   An Ordinance Amending the Regulations Governing Liquor Licenses in West Cape May

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

John Rowley, 123 Emerald Avenue, asked if ABC approval had been received as required in the ordinance.  Solicitor Corrado stated the ordinance couldn’t be submitted until adopted.  Mr. Rowley stated he had spoken to someone from ABC who said pre-approval could have been received.  He was concerned about what would happen if a bid were awarded but the ABC didn’t approve the special condition.  Mr. Rowely also felt the ordinance should specify the consumption license would only be sold to a restaurant, thereby eliminating the chance that someone could go to a restaurant, get a drink and then decide not to stay for dinner.   Solicitor Corrado thought his suggestions had merit.  Mayor Kaithern read from the Borough’s zoning code that specifies alcohol must be served by a restaurant and no stand alone or bar only service is permitted.  There was a brief recess from 8:26 pm until 8:39 pm during which the Solicitor checked state statutes.  He confirmed the Borough would be permitted to restrict to restaurant only and would be able to cancel the bid if approval of the ordinance isn’t received from the ABC.  He also suggested the language stating the ordinance shall not be effective until approved by the director of ABC be eliminated.

When no one else wished to speak, Commissioner Geyer made a motion, seconded by Deputy Mayor Burke, to close the public hearing.  Deputy Mayor Burke made a motion to amend the ordinance as follows:  1) a sentence shall be added to Section 2 “Last Call” for sale of alcoholic beverages shall be no later than one-half hour before midnight.”; 2) the first sentence of Section 3 will be amended to say “6-4.6 Restaurant service required.  The holder of a plenary retail consumption license shall be a restaurant serving food.  Except for restaurant patrons waiting for service, bar-type service shall not be permitted.”; 3) the sentence requiring ABC approval will be deleted.  Commissioner Geyer seconded the motion to amend, which was approved unanimously on roll call vote.  Commissioner Geyer made a motion to adopt as amended, which was seconded by Deputy Mayor Burke and unanimously approved on roll call vote.  Mayor Kaithern thanked Mr. Rowley for his input.

COMMISSIONER REPORTS
Commissioner Geyer reported he spoke to the Police and the resident complaining about late night deliveries to the 7-11.  The resident has been advised to contact the police when the violation is occurring so a summons could be issued.  Mr. Geyer also announced the Cape May Point mayor took both his fire chief and West Cape May’s volunteer fire chief to a presentation by Governor Christie to first responders and volunteers for their work during Hurricane Irene.  Lastly, he reminded everyone that Friday is Veterans Day and several events are planned including the annual ceremony at the Columbia Street monument in Cape May at 11 am.

Deputy Mayor Burke announced the Shade Tree Commission just received word it will receive a white pine tree from a seed that was taken into space on a space shuttle mission in the last 1990s.  No further details are available at this time.

Mayor Kaithern reminded everyone the Christmas Parade fundraiser at Congress Hall is Thursday, November 10th from 6 – 8 pm.  She also announced the County offers a discount prescription card for people without insurance.  Lastly, the Public Works Department has been painting curbs at intersections at the request of the Police Chief to improve enforcement of state parking regulations.  

PUBLIC PORTION: No comments.

The meeting was recessed into closed session at 8:54 pm and reconvened at 9:09 pm on motion of Commissioner Geyer, seconded by Deputy Mayor Burke.

When no one wished to speak the meeting was adjourned at 9:10 PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer.

Respectfully submitted,

Elaine L. Wallace, RMC