MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
MAY 12, 2010
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, Deputy Clerk Kate Kilian, Borough Solicitor Frank Corrado, Auditor Leon Costello and Borough Engineer Ray Roberts.
PUBLIC QUESTIONS ON THE CONSENT AGENDA ONLY:
John Rowley, 123 Emerald Avenue, asked to have Ordinance 447-10 read in full and also asked that the public hearing be held during an evening meeting to allow more people to attend. Solicitor Corrado explained the Borough follows State statute and the document can not be released to the public until it has been introduced. Time will be provided during public hearing for everyone to express opinion and if necessary, can be postponed to a subsequent meeting.
Bud McDonough, 135 Third Avenue, expressed concern over the Borough considering amnesty for people illegally connected.
Pat Tucker, Third Avenue, asked questions about how many accounts exist and what would happen if the water was found to be lost from lines not under Borough control.
Kathy Gallagher, 629 West Drive, asked questions about the water loss investigation, but since that was not an item on the consent agenda, she was advised she could address those comments during the public portion.
WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed monthly report
OLD BUSINESS
Solar Energy/Energy Audit: Commissioner Burke reported that three out of the five firms submitted proposals. Each proposal was independently reviewed by each Commissioner and two members of the Planning Board. The middle priced firm was chosen. Paperwork will be submitted to the State for approval before an award is made.
Sunset Boulevard Parking Lot: Commission Geyer will contact the consultant and see where we stand.
NEW BUSINESS
Request for Hardship Condition Road Opening – 313 Second Avenue: The application was reviewed by the Engineer who reminded the owner the work must be completed prior to May 28th or postponed until after Labor Day. The Board agreed to add a resolution to the consent agenda.
PUBLIC HEARING ON THE BUDGET
78-10 Read by Title Only and Open Public Hearing on 2010 Municipal Budget
On motion of Deputy Mayor Burke, seconded by Commissioner Geyer, the above referenced resolution was passed unanimously on roll call vote.
John Rowley, 123 Emerald Avenue, asked Auditor Leon Costello multiple questions on different items in the budget including fund balance, legal fees, water sewer salary, salary increases, levy cap, and the cap bank. Mr. Costello answered his questions and explained the State dictates how different line items are recorded from year to year and how the requirements vary from item to item. Mr. Rowley also asked for an idea of short and long term goals for the Borough. He also asked questions about interlocal service agreements
Bud McDonough, 135 Third Avenue, did not want the Borough employees to have a wage freeze but would like to see them receive a raise for the good work they do.
Bill Freddo, 209 Second Avenue, would like to see the budget on the website. Mr. Costello will send a PDF version to the Borough.
81-10 Adoption of Municipal Budget for Year 2010
On motion of Commissioner Geyer, seconded by Deputy Mayor Burke, the above referenced resolution was passed unanimously on roll call vote.
Mayor Kaithern asked Commissioner Geyer if all the Volunteer Firefighters passed the SCBA fit test. Everyone who was tested passed and Mr. Geyer will provide the report from Breath Safe Air Systems when received.
CONSENT AGENDA: On motion of Deputy Mayor Burke, seconded by Commissioner Geyer, the following Consent Agenda was unanimously approved on roll call vote.
Ordinances for Introduction and Publication:
447-10 An Ordinance Amending the West Cape May Water Ordinance to Permit a Water Amnesty When Appropriate and Modifying the Penalties for Violation
Scheduled for Second Reading and Public Hearing May 26, 2010 at 1 PM
The Board decided to keep the hearing for the 26th and if necessary, will adjourn the public hearing to the next meeting.
448-10 Ordinance of the Borough of West Cape May Amending the Permit Process for Events on Borough Property
Scheduled for Second Reading and Public Hearing June 9, 2010 at 7 PM
Resolutions:
79-10 Local Unit Budget Examination
80-10 Release of Unexpended Escrow Fees – Professional Property Service Inc
82-10 Scheduling of Closed Session (Construction Code Service Negotiations)
83-10 Bill Payment
84-10 Insertion of Special Item of Revenue Pursuant to N.J.S.A. 40A:4-87, Chapter 159 – Small Cities Block Grant $210,165
85-10 Authorizing Cooperative Agreement, Mortgage and Mortgage Note with Cape May Project, Inc. in Connection with Cape Manor Project
86-10 Authorizing Hardship Condition Road Opening Permit to Owners of Block 43, Lot 3.06 – 313 Second Avenue
NON-CONSENT AGENDA:
Minutes: April 28, 2010 Work Session and Regular Meeting
On motion of Deputy Mayor Burke, seconded by Mayor Kaithern, these minutes were approved on roll call vote with Commissioner Geyer abstaining.
ORDINANCES FOR SECOND READING AND PUBLIC HEARING: None
COMMISSIONERS REPORTS:
Commissioner Geyer gave a general safety reminder to everyone to be especially safety conscious during the upcoming season and to be vigilant about beach, bicycle, pedestrian, and lawn care safety. He announced the safety committee is also scheduling CPR and first aid training for employees that could be expanded to the community if there is enough interest.
Deputy Mayor Burke announced the Shade Tree Commission is concerned over dogs in the park and will look into placing a dispenser for bags to help people clean up after their dogs as required by law. The Environmental Commission has decided to provide scholarships for 40 youth to attend summer programs at the Nature Center. More information will be forthcoming but first priority will be given to residents of West Cape May. Lastly, Mr. Burke commented on events that precipitated an article and editorial in the Star and Wave. Mr. Burke was extremely upset with Commissioner Geyer for his anonymous comments on the Herald newspaper website, feeling they were dishonest and hypocritical and betrayed the public trust. He felt Mr. Geyer owed an apology to the Mayor and all the citizens of the Borough. He further felt that Mr. Geyer severely damaged his credibility and it will be difficult to regain that trust.
Mayor Kaithern announced South Jersey Gas is looking for interest in providing service in the western side of town and only 15 more home are needed until they commit. The Borough-wide yard sale is Saturday and bulk trash is the following Tuesday. She announced the History Committee Movie Night last Friday was incredibly well attended. Mrs. Kaithern congratulated Michael Gleeson and Jeff Keeler who graduated from the Police Academy Special Law Enforcement Officer class as part of a program with Lower Cape May Regional. The County will begin work on Bayshore Road tentatively by end of month. The Mayor advised everyone the Census has begun going door to door and encouraged citizens to answer the door. The Cape Manor project has broken ground and the foundation is already built and six people have applied for the Accessory Apartment program, so the Borough COAH obligations are on the way to being met. Lastly, Mayor Kaithern gave a summary of how the Commissioners have been fulfilling the platform on which they ran and provided a State of the Borough report as previously requested by John Rowley.
PUBLIC PORTION:
Kathy Gallagher, 629 West Drive, asked that something be done about the vacant property next door to her that is overgrown. She also felt the Board was congratulating itself for success in the 6th Street lawsuit when she felt the whole thing could have been avoided if the Board allowed the developer to build as requested. Ms. Gallagher then admonished Deputy Mayor Burke for criticizing his colleague in public. Lastly, she felt the Borough is not acting quickly enough on the water loss issue.
John Rowley, 123 Emerald Avenue, felt the communications in Borough Hall have degenerated in the last few months and encouraged the Board to do better. He expressed disappointment that Mr. Burke didn’t show as much passion when $700,000 in water losses was revealed.
Bill Fretto, 209 Second Avenue, asked that the conditions for the amnesty be itemized. It was explained that the ordinance will only allow an amnesty to be declared, a resolution will be needed to declare one and set the parameters of it.
Carol Sabo, 402 Broadway, felt the public trust had been violated by Commissioner Geyer’s actions. When she asked Mr. Geyer to comment, he said the community had spent enough time debating the issue and the Commissioners have not figured out how to work better together.
Bud McDonough, 135 Third Avenue, stated Mr. Geyer should not have made anonymous comments in the public domain, but should have spoken to his colleagues in private. Mr. McDonough asked if the company doing the water audit had a timeline for giving results. No timeline has been given and the more data the consultant has analyzed the more he finds he needs. Mr. McDonough felt the Borough should move the meter that is outside our boundaries within our boundaries to give us complete control over it and the water that flows out of West Cape May. He also felt West Cape May residents should have input on the beach replenishment in Cape May because the ledge created in causing injuries making the beaches less safe than they should be for everyone who uses them.
Susan DeMaio, 714 North Broadway, regretted Commissioner Geyer’s actions were brought out in a public forum, but agreed that they needed to be addressed that way, stating the public trust has been violated.
Paul Mulligan, 163 Stevens Street, expressed dismay over comments being made anonymously and the communication problem being experience by the Board members.
Solicitor Frank Corrado corrected a misconception that the Borough caused the 6th Street lawsuit. The 6th Street Partners sued over zoning that existed before they filed their application for development. The Borough also negotiated in good faith before the plaintiff disavowed the negotiations and filed suit.
Commissioner Geyer suggested the closed session not be held due to the late hour. The discussion could take place after the next meeting. Everyone was in agreement and Mr. Geyer agreed to give the other Commissioners information for discussion at that time.
When no one else wished to speak the meeting was adjourned at 10:01PM on motion of Commissioner Geyer, seconded by Deputy Mayor Burke.
Respectfully submitted,
Elaine L. Wallace, RMC
Borough Clerk
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