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 1:06 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.

Mayor Kaithern welcomed County Prosecutor Bob Taylor to the meeting. Mr. Taylor attended the meeting to assure the Borough and its residents that the Cape May County Prosecutor’s Office would offer its full resources if any kind of theft is discovered in relation to people stealing water. His office will prosecute any situation that warrants it. If the Borough does offer a water amnesty, it could not absolve criminal behavior, only civil penalties and interest. Mr. Taylor also stated that if an amnesty if offered and a person does not take advantage of it and is later discovered to be stealing water, his office would seek full restitution to the Borough. John Rowley, 123 Emerald Avenue, expressed concern that amnesty would create some immunity, but Mr. Taylor assured him that was not the case. George Allen, Fifth Avenue, felt it wouldn’t be difficult to investigate the homes that are not on the water system to determine if they were illegally using Borough water. He objected to the Borough even considering amnesty. Mr. Taylor left the meeting at 1:28 PM.

WORK SESSION
OLD BUSINESS
Energy Audit: Deputy Mayor Burke reported that additional information was asked for by the State before approving our choice because we selected the second lowest bidder. The Borough is waiting to hear back on approval of its selection.

Sunset Boulevard Parking Lot: Commissioner Geyer announced his last information was that the application is still with the state. Mr. Belski spoke to the Mayor and stated the lot would probably accommodate 10-13 spaces, instead of the 18 originally estimated. The board decided to move forward with DEP approval and determine if the cost of improvement would be offset by the number of spaces that could be created. Mr. Geyer will continue to work with Mr. Belski.

Water System Study: Mayor Kaithern advised that the consultant is expanding his research and is contacting outside agencies including the County MUA and Cape May City. He is working to determine if there is mis-metering occurring. He is also looking for information on other users to determine if there are similar problems that could be explained by storm water intrusion. There could be multiple problems contributing to the situation. The amount of water being lost can not be accounted for by the number of people not connected to the system and if there were leaks that large there would be evidence of cave-ins and puddles. The auditing firm was chosen because it is believed there is a metering problem.

VFC State Evaluations: Commissioner Geyer reported NJDCA has already made one visit and gone over all training records. PEOSH Health Division will come in June to go over health and medical issues. The PEOSH Labor Division will come to do additional reviews as relates to safety issues.

NEW BUSINESS
Trash Collection Bid Specifications: The Borough trash collection contract expires at the end of 2010. Deputy Mayor Burke asked the commissioners to review the packet of information and think about how they’d like to proceed – either bid another contract or allow residents to hire their own hauler.

REVIEW OF REGULAR MEETING: Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items. Mrs. Kaithern explained the purpose behind Ordinance 449-10 to allow the codification to be updated. Resolution 88-10 was moved to the non-consent agenda to allow discussion amongst the commission. In relation to Resolution 89-10, John Hunter 122 Pearl Avenue, John Rowley, 123 Emerald, and Tom Douglas, 706 Broadway, asked if Mr. Gilbert would be permitted to build something that other people could not because he is entering an accessory apartment agreement with the Borough. Solicitor Corrado explained that anyone that participates in the accessory apartment program would have to follow the same requirements and a resolution is necessary because a Borough subsidy is involved.

The Work Session portion of the meeting was adjourned at 2:17 PM and the Regular Meeting convened at 2:17 PM.

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

Minutes: May 12, 2010 Work Session and Regular Meeting

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing June 23, 2010 at 1:00 PM

449-10 An Ordinance Providing for the Appropriation of $10,000 as a Special Emergency Appropriation for the Preparation of a Revision and Codification of Ordinances for the Borough of West Cape May

Resolutions:
87-10     Release of Unexpended Escrow Fees – Jane Saggiomo Koury
89-10     Authorizing the Mayor to Sign Accessory Apartment Agreements and Deed Restrictions for 301 North Broadway and 406 North Broadway – Garry Gilbert
90-10     Closed Session – Negotiations for Construction Code Services
91-10     Bill Payment

NON-CONSENT AGENDA:
88-10 Resolution Adopting an Identity Theft Policy for Water and Sewer Utility Customers

Deputy Mayor Burke made a motion, seconded by Mayor Kaithern, to approve the aforementioned resolution. Commissioner Geyer asked who wrote the policy and whether it has any effect on what is available under OPRA. Solicitor Corrado explained that his colleague wrote the policy based on a template provided by the State to provide water and sewer departments with the tools to detect identity theft. Additionally, the regulations predominantly pertain to municipalities that accept credit card payments and that though West Cape May does not, it is required by the State to adopt this resolution. The resolution was unanimously approved.

ORDINANCES FOR SECOND READING AND PUBLIC HEARING:
447-10 An Ordinance Amending the West Cape May Water Ordinance to Permit a Water Amnesty When Appropriate and Modifying the Penalties for Violations

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

Kathy Gallagher, 629 West Drive, would like to see the ordinance tabled, feeling the Borough is putting the cart before the horse. Ms. Gallagher also felt going door to door to determine who is not in compliance would be a lot simpler than providing amnesty. Lastly, Ms. Gallagher made a statement from the Board of Directors of the Taxpayers Association that they would consider a petition for referendum on the question of the amnesty.

Bud McDonough, 135 Third Avenue, disagreed with using the term amnesty because is implies people will be able to get away with not paying for water they used. He would like to see the Borough get all the money it is owed. He did not disagree with changing the penalties as proposed in the ordinance. Mayor Kaithern explained amnesty is a tool used at all levels of government to get people to come into compliance more quickly.

Joan Hunter, 122 Pearl Avenue, asked how many homes are un-metered – less than 200 properties.

Tom Douglas, 706 Broadway, suggested going door to door to make people who don’t have a water connection to prove they have a well. He also wanted to know how sure the Borough is that there aren’t leaks. He sited some storm sewers on the corner of 4th and Pacific. Mayor Kaithern explained Public Works and Water/Sewer monitor that regularly and it is not City water.

Mrs. Gary Hawthorn, 433 Third Avenue, wanted to know to whom amnesty would be granted and what they would be forgiven. Mayor Kaithern stated that the parameters and time table would be created by resolution.

Commissioner Geyer stated that the problem with the Ordinance is it is without penalties. Residents that are on the water utility pay for the entire system. Mr. Geyer noted that when the water system is flushed every year, 200,000 to 500,000 gallons of water per flush the residents are paying for the water not the municipality.
Commissioner Geyer also noted that the Fire Company do maintenance on the Boroughs fire hydrants – 700,000 to 800,000 gallons of water are used and the users pay for this also. Mr. Geyer noted that other municipalities pay for this water.

Mayor Kaithern stated that the cost of water at all municipal facilities for each customer is approximately $1.00 per year. This is a small fee to charge and to change over to another system would be very costly.

Al Conly, 924 Farmdale Drive, inquired as to why the loss of water is greater in the third quarter. Mayor Kaithern stated that this is summer time use and there is a high flow at this time of year. At the present this is being analyzed by the Consultant firm.

John Rowley, 123 Emerald, stated that the Commissioners have made many improvements with the water meters but still have a long way to go. He inquired how someone could connection and not get caught. Mayor Kaithern stated that inspections are made on a rotating basis. Mrs. Kaithern stated that the forensic study was not to exceed $15,000 and this is the best place to start rather than a complete overhaul. Mr. Rowley inquired if additional funds would be available for additional studies other than forensic. Mrs. Kaithern stated if it is necessary the funds would be appropriated over several years. Mr. Rowely inquired if the remote control readers are located in the City of Cape May. Deputy Mayor Burked replied that the readers are located in West Cape May.

Paul Mulligan, 163 Stevens Street, stated that he is encouraging the Commissioners to pass the ordinance as this would be an opportunity to fix the scofflaw.

Solicitor Corrado stated that in his opinion it would be best to suspend the public hearing of this ordinance tonight and move it to the next meeting. Mr. Corrado would amend language in the ordinance and the public hearing could be held on June 9th without re-advertising the ordinance.

Bud McDonough, 135 Third Avenue, stated that 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. Mayor Kaithern reminded this was part of the current USDA application.

Bill Freddo, 209 Second Avenue, told the Commissioners that his fear is that they will forgive $10,000 to a resident and that the Commissioners should appease the residents by moving the hearing until June 9th.

Mayor Kaithern stated that the Commissioners would strive to strike a balance that will bring people into the system and collect revenues.

A motion was made by Commissioner Geyer and seconded by Deputy Mayor Burke to suspend the public hearing and move it to the June 9, 2010 meeting.

COMMISSIONERS REPORTS:
Commissioner Geyer did not give a report.

Deputy Mayor Burke announced that he met with Atlantic City Electric regarding reconductoring - rewiring to improve capacity. The Work will begin on June 7, 2010. There will be three phases: Broadway from Central to the beach; Sunset beginning on West Perry down Sunset to Cape May Point; and in Cape May City from Bank Street to the West Cape May border. Mr. Burke stated that service should not be interrupted unless there is an emergency. The reason for the June start date is that this is being funded by stimulus money and it must be spend by December 31, 2010.

Mayor Kaithern did not give a report.

PUBLIC PORTION:
Bud McDonough, 135 Third Ave, inquired about the trash agreement. He stated that he thinks it is unfair that people with vacant land pay for trash service and this should be taken in consideration when selecting a new vendor. Mr. McDonough stated that more information should be provided on the agenda about the resolutions and ordinances. Solicitor Corrado stated that the materials are available prior to the meeting in the Clerks office. Mayor Kaithern agreed that the resolutions and ordinances as permitted would be emailed to Mr. McDonough prior to the meeting.

When no one else wished to speak, the public portion was closed and a motion was made by Deputy Mayor Burke, seconded by Commissioner Geyer, to recess the meeting into Closed Session at 4:13 PM. The meeting was resumed on motion of Commissioner Geyer, seconded by Deputy Mayor Burke at 5:01 PM.

The meeting was adjourned at 5:03PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer and carried unanimously on roll call vote.

Respectfully submitted,

Elaine L. Wallace, RMC Kate Kilian
Municipal Clerk Deputy Municipal Clerk

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