MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
JUNE 9, 2010
The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:05 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 Christine Cote’, and Borough Engineer Ray Roberts.
WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed the monthly report for June.
OLD BUSINESS
Energy Audit: Deputy Mayor Burke announced the State approved, by letter on June 2nd, the Boroughs choice of Winter Associates. The Borough was fortunate to receive the approval prior to June 7th when the BPU announced they are suspending the program for the rest of the year.
Sunset Boulevard Parking Lot: No update at this time.
Water System Study: Mayor Kaithern expects to have a meeting scheduled within the next 10 days or so among different professionals from the Borough, County, and City of Cape May.
VFC State Evaluations: PEOSH will do its portion of the audit on June 22.
Trash Collection: Deputy Mayor Burke suggested decisions on this wait until the construction code services issue are completed. Everyone should be thinking about what parameters they’d like to see in the specifications.
NEW BUSINESS
Street Opening Ordinance Amendment – Moratorium: Engineer Roberts explained the existing ordinance disallows openings for 5 years after construction. The 5 years begin December 31st and under certain circumstances, depending on when work is completed, it could actually be closer to 6 years. Mr. Roberts suggested revising the ordinance so the moratorium starts in the month of completion. After some discussion, the Board decided to use the last day of the month of completion and added Ordinance 451-10 to the consent agenda for introduction.
REVIEW OF REGULAR MEETING: Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items. Resolution 95-10 and Ordinance 450-10 were removed from the Consent Agenda until after the Closed Session. When reviewing the minutes from May 26th, Mayor Kaithern clarified there are some legal restrictions to which agenda items can be distributed to the public prior to the meeting. Mrs. Kaithern also wanted to correct some numbers used by Commissioner Geyer in statements at the May 26th meeting. The water flushing program only used about 95,000 gallons this year and is for the benefit of water users only. The cost equates to about $1 per account. Also, Mr. Geyer estimated that 700,000 to 800,00 gallons are used by the fire company, but a more accurate figure based on Public Works and VFC estimates would be 200,000. Mayor Kaithern suggested tabling Ordinance 447-10 for Water Amnesty, particularly in light of the County Prosecutor’s offer to help look into the situation. Solicitor Corrado has amended the ordinance to allow penalties to be negotiated on a case by case basis.
The Work Session portion of the meeting was adjourned at 7:45 PM and the Regular Meeting convened at 7:45 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: May 26, 2010 Work Session and Regular Meeting AS AMENDED
May 26, 2010 Closed Session
Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing July 14, 2010 at 7:00 PM
451-10 An Ordinance Amending Chapter 17 Street Excavation of the Codification of the Borough of West Cape May
Resolutions:
92-10 Release of Unexpended Escrow Fees – Wilbraham Mansion, LLC
93-10 Resolution Authorizing the Mayor to Execute Hemingway Discharge of Mortgage
94-10 Release of Unexpended Escrow Fees – Garden State General Construction Inc.
96-10 Scheduling of Closed Session – Construction Code Services
97-10 Bill Payment
98-10 Rejecting bids
NON-CONSENT AGENDA:
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 Violation
On motion of Mayor Kaithern, seconded by Commissioner Geyer, and carried on unanimous roll call vote, Ordinance 447-10 was tabled.
448-10 Ordinance of the Borough of West Cape May Amending the Permit Process for Events on Borough Property
Commissioner Geyer made a motion, seconded by Deputy Mayor Burke, to open the public hearing on the above ordinance.
Kathy Gallagher, 629 West Drive, felt the ordinance was quite detailed and really confusing. It was explained to the public that this ordinance was a requirement of the JIF and that it had been in effect for some time already, this ordinance was simply modifying the language to clarify requirements.
When no one else from the public wished to speak, Commissioner Geyer made a motion to close the public hearing and adopt Ordinance 448-10. Deputy Mayor Burke seconded the motion which was carried unanimously on roll call vote.
COMMISSIONERS REPORTS:
Deputy Mayor Burke announced the Borough will host a Red Cross Blood Drive on Monday, July 19th. He also announced that 2 new History Committee banners will be put up shortly.
Commissioner Geyer announced the Borough will be receiving FEMA reimbursement from the November 2009 Nor’easter. The paperwork for the February snow events has been filed, but reimbursement isn’t expected until the end of the year. Lastly, he reminded everyone to be aware of pedestrians and bicyclists, particularly on Sunset Boulevard.
Mayor Kaithern concurred with Commissioner Geyer about bicycle safety and felt the biggest danger was riding at night without lights or reflectors. Mrs. Kaithern announced that Atlantic City Electric will be doing tree trimming in conjunction with the infrastructure improvement that she reported upon previously. Pictures were provided for the trimming work that is expected to be done by July 4th. Lastly, the Mayor announced the Farmers Market will kick off on June 29th at 3 PM and invited everyone to attend. The Environmental Commission is sponsoring an arts/craft project that will mosaic 3 large pots during the market.
PUBLIC PORTION:
Kathy Gallagher, 629 West Drive, asked if the Borough would have a problem with the street opening moratorium if a problem is found during the water study. It was explained that exceptions already exist for that type of situation. Ms. Gallagher also asked for an explanation of the “Borough’s best interest” and “public health safety and welfare”. Ms. Gallagher advised the Board that a member of the Taxpayers Association has gotten copies of tax maps and has marked all accounts on it. The map shows approximately 125 that are currently unidentified and Ms. Gallagher would be willing to share this solid data. Mayor Kaithern advised the Borough would be happy to accept whatever data they are willing to share. Ms. Gallagher suggested the Board consider raising the minimum penalty as well as the maximum penalty. Ms. Gallagher asked if anything has been decided about how water used by the Borough is paid and whether it was being properly metered. Mayor Kaithern explained that it is metered, but not billed and one quarter in 2009 was not properly meter, but was corrected in the following quarter. Ms. Gallagher also felt that everyone should have to pay for water used from hydrants during fires, not just water users.
Edna Alison, 406 Pacific Avenue, had questions on her water and sewer bills and did not understand why they are now so high. Mayor Kaithern offered to meet with her to go over her specific situation. Kathy Gallagher stated that Mrs. Alison is one of the residents that was harmed by moving the base usage to 6,000 gallons because she uses about 8,000 per quarter.
Paul Mulligan, 163 Stevens Street, asked what solutions Ms. Gallagher and Commissioner Geyer would suggest for the problem they have repeatedly raised about Borough-used water being charged to water customers only. Commissioner Geyer asserted the water used by the Borough is for the benefit of all taxpayers, not just water users so the Borough should bill itself for water it uses. That way, all taxpayers will pay for the water, not just water users. Mayor Kaithern asserted the usage only amounts to a few dollars per account.
Bud McDonough, 135 Third Avenue, felt everyone should pay for water that is used by the Borough. It is unfair that only water users are bearing the burden of the Borough’s usage and the water loss. Mr. McDonough asserted the reasonable water loss percentage was exceeded years and ago and only the water users have born the cost of the loss. He wants the problem fixed. Mr. McDonough felt it was inappropriate for speakers to use the names of others when making comments in this forum.
When no one else wished to speak the Regular Meeting was recessed into Closed Session at 8:34 PM. Mayor Kaithern announced that action may be taken after the Closed Session on Ordinance 450-10 and Resolution 95-10.
On motion of Commissioner Geyer, seconded by Deputy Mayor Burke, Regular Meeting was reconvened at 9:25 PM. Mayor Kaithern announced no action would be taken as a result of the Closed Session.
450-10 An Ordinance Amending the Borough of West Cape May’s Salary Ordinance (#360-06) for Salary Range for the Construction Code Official
On motion of Commissioner Geyer, seconded by Deputy Mayor Burke, and carried on unanimous roll call vote, the above reference ordinance was introduced on first reading and is scheduled for second reading and public hearing on July 14, 2010 at 7:00 PM.
95-10 Authorizing Advertisement for Requests for Proposals – 3rd Party Plan Review and Inspections for Construction Office
On motion of Deputy Mayor Burke, seconded by Commissioner Geyer, and carried on unanimous roll call vote, the above referenced resolution was approved.
When no one else wished to speak the meeting was adjourned at 9:26 PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer.
Respectfully submitted,
Elaine L. Wallace, RMC
Borough Clerk
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