MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
July 8, 2009
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, Borough Engineer Ray Roberts, and Borough Auditor Leon Costello.
PUBLIC QUESTIONS ON CONSENT AGENDA ITEMS ONLY None
WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed his monthly report for July 2009.
OLD BUSINESS None
NEW BUSINESS
Grant for Reduction of Green House Gases: Commissioner Geyer provided information on the grant program and types of projects. He will do more research and would like input from the other Commissioners.
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 7:21 PM and the Regular Meeting convened at 7:25 PM.
PUBLIC HEARING ON BUDGET AMENDMENT PER RESOLUTION 126-09
Auditor Costello explained the amendment made on June 10th was for CAP compliance and actually lowered the tax rate slightly. On motion of Deputy Mayor Burke, seconded by Commissioner Geyer, and carried unanimously on roll call vote, the public hearing was opened. When no one wished to comment, the public hearing was closed on motion of Commissioner Geyer, seconded by Commissioner Burke, and carried unanimously on roll call vote.
CONSENT AGENDA: On motion of Deputy Mayor Burke, seconded by Commissioner Geyer, the following Consent Agenda was unanimously approved on roll call vote.
Minutes: June 24, 2009 Work Session and Regular Meeting
June 24, 2009 Closed Session
Ordinances for Introduction and Publication: None
Resolutions:
136-09 Amending Resolution #112-09 Entitled “Authorize Special Event Permit to Cape May New Jersey Sate Film Festival Inc”
137-09 Adoption of Municipal Budget for the Year 2009
138-09 Bill Payment
139-09 Authorizing Refund of Farmers Market Fee
140-09 To Amend the Budget
NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING:
428-09 Ordinance Amending West Cape May Code Chapter 27-2 (Purpose); Chapter 27-6 (Definitions); Chapter 27-7 (Establishment of Zoning Districts); Chapter 27-15 (C-1 Commercial District); Chapter 27-16 (C-2 Commercial District); Chapter 27-17 (C-3 Commercial District); Chapter 27-18 (P-Preservation District); Chapter 27-27.3 (Parking Regulations); Chapter 27-27.4 (Signs); Chapter 27-27.8 (Buffering); Chapter 27-27.14 (Bulk Regulations); Chapter 27-28 (Design Standards); and Adding Chapter 27-27.16 (Outdoor Dining Standards); Chapter 27-30 (Non-Conforming Uses, Structures and Lots); and Deleting Chapter 27-27.12 (Non-Conforming Uses)
Commissioner Geyer made a motion, seconded by Deputy Mayor Burke and carried unanimously on roll call vote to open the public hearing on the above ordinance.
Mayor Kaithern reiterated two changes that she would like to see to the ordinance: one to clarify the fees per space to be paid into the parking fund and remove section 27-24.i.3.
Jim Labrusciano, 127 Myrtle Avenue, read a letter from a visitor who urged the Board not to enact the proposed changes.
Mark Lukas, 119 Myrtle, asked for clarification on how the parking fund would work. Mayor Kaithern explained it’s an option for new or expanding businesses that can’t provide the required parking on-site. The owner would be permitted to pay into the parking fund for any spaces that can not be located on the property. The fund will be used to make public parking, but won’t be reserved for the specific business.
Marian Courtney, 104 Second Avenue, would like to see language prohibiting franchises. Solicitor Corrado explained that legally the Borough can not prohibit franchises. Ms. Courtney expressed concern over enforcement of maintenance codes for commercial properties and erroneously thought that parking would be set aside for business use. Ms. Courtney felt creating a walkable community wasn’t a good enough reason to make the changes proposed. Mayor Kaithern explained one goal of federal, state and local governments is to reduce environmental impact, so the Borough is planning for a future with a strong, concentrated business core. Deputy Mayor Burke explained that many of the proposed changes encourage businesses to keep their existing buildings to help keep the character of the Borough that people love.
Bill Causey, owner of Antique Doorknob – 600 Park Boulevard , applauded the Borough’s efforts to try to compromise between businesses and residents. Mr. Causey was concerned with the fee for the parking fund. He also felt the Borough should have invited the business community to give input while creating the ordinance. Mayor Kaithern explained that the process has taken over 3 years and was done during countless public meetings and former Commissioner Dick Rigby attended several business association meetings to discuss the proposal.
John Houser, 601 Park Boulevard, was concerned with the number of apartments that could be built above a business like the Antique Doorknob. Mayor Kaithern explained the number of affordable apartments is controlled by COAH. She further explained that the same apartments could be built under existing zoning regulations but the numbers are partially governed by having sufficient parking.
Monique Greenwood, 115 and 116 Broadway, owner of the Buttonwood and Akwwaba on Broadway, asked for an explanation of the parking fund, which was provided by Mayor Kaithern.
Suzanne Haggerty, owner of 210-214 Broadway, a historic apartment building, expressed concern that with the zoning changes her building would become a non-conforming use. She felt that would add an undue financial burden in the future as she makes repairs and improvements to her property. Solicitor Corrado suggested eliminating the word “altered” from section 30.1.a to help eliminate some of her concerns. Ms. Haggerty was still in favor of permitting multi-family structures.
Ian “Lance” Williams, 233 Fourth Avenue, asked if the Borough was going to install parking meters. He also asked if design standards could be put into the ordinance before adoption which could help keep franchises out. Mayor Kaithern explained that there are design standards in the ordinance, as well as in the HPC ordinance.
Doug Carnes, 133 Myrtle Avenue, owner of Wilbraham Mansion, asked if the Borough could deny a business from using the parking fund. Solicitor Corrado explained the Borough can not deny a request as long as the property owner meets the conditions. Mr. Carnes argued, and brought photos to prove his point, that the parking problem was not as dire as residents keep saying it is. He also provided a list of restaurants and lodging establishments in Cape May and West Cape May with a breakdown of those with on-site parking and those with street parking only. He felt the parking fund will drive businesses away. Mr. Carnes spoke to the State Office of Smart Growth who could not give him an example of a municipality where this type of parking fund was successful except for large cities like Trenton and Newark.
Pat Pearson, 128 York Avenue, objected to Mr. Carnes statement that parking was not a problem and regretted that there is acrimony between residents and businesses. She explained that she uses services and buys good from local businesses as much as possible and recommends local lodging when she can’t accommodate all her guests. She supported the steps the Borough has taken to strike a compromise between businesses and residents. She would, however, like to see a concrete plan for parking.
Ursula Freidrich, 523 Broadway, asked why the parking fund fee would be $5,000 per space, stating new business owners couldn’t afford it. Engineer Ray Roberts explained that the cost for creating a parking space could vary from $3,000 to $10,000 depending on the land being used. Mayor Kaithern also explained that if a new business opened in the C-1 District and kept an existing building in tact, they would have their parking requirement waived, unless it was a restaurant, bed and breakfast with more than 6 units, or similar type of business.
Helen Souder, 307 Fow Avenue, complained about parking problems in her area and felt increased businesses would aggravate the existing problem. She also complained about enforcement by the police.
Don Donaldson, 416 South Broadway, expressed support for the proposed changes and thanked the Board.
Allen Mitchell, 113 Myrtle Avenue, asked if any other municipalities have had success with the type of zoning this ordinance would implement. The Borough could not give a specific example, but professionals have been working on the plan for years to create something that would work for the unique character of West Cape May. He also asked if there were provisions that parking fund would only be used for parking.
Ken Low, owner of Birdhouse of Cape May on Sunset Boulevard, asked if the new design standards would preclude a business from building a structure in the style of the Black Duck. Mayor Kaithern explained that a property owner always has the right to go before the Planning/Zoning Board for a variance. Mr. Low asked if there was anything that could be done about enforcement of signage. Mayor Kaithern suggested self-policing and restraint as some methods. The code enforcement officer responds to complaints and has recently sent out some letters. Solicitor Corrado explained that signs are different because they are not just structures, but speech, as well, so there are some limits to what can be done to regulate them.
Sylvia Lindamin, 314 Fow Avenue, thanked the Borough for all the hard work done on the study. She was glad to hear the Borough is trying to keep the rural flavor that brought so many people, including her family, to West Cape May.
Rosemary Mazzitelli 223 Park Boulevard, asked how much parking is being proposed next to the bike lane. A single lane of parallel parking is being proposed.
Mark Lukas, 119 Myrtle Avenue, asked if any tightening of noise ordinances is being planned to protect residents from the increase density of businesses in the future. The Borough already has noise regulations in place and there are some provisions in the outdoor dining section and if problems are brought to light, new regulations can be made. Mr. Lukas fully supported the Boards proposed parking requirements and was glad to see the Borough trying to strike a balance between residents and businesses.
Jim Labrusciano, 127 Myrtle Avenue, asked for clarification on the dedicated parking fund. He also asked if the C1 district had been expanded and asked the Board to consider keeping multi-family a permitted use in C1. Mr. Labrusciano asked the Borough to do something about the gravel from businesses along Park Boulevard getting into the bike lane. He also complained there is a real problem with lax police enforcement. Deputy Mayor Burke said tonight was the first the Board has heard these complaints and asked that people need to let the Borough know when it happens. Lastly, he suggested more trash cans in the park to keep the town clean and tourist friendly.
Monique Greenwood, 115 and 116 Broadway, wanted further clarification on the parking fund. She wanted to know if she put on an addition to her business, could she pay into the parking fund for spaces she could not make on her property. Frank Corrado clarified that reference to new construction has to do with the waiver of parking requirements, not the parking fund. Anyone may take advantage of the parking fund.
Paul Mulligan, 163 Stevens Street, as Chairperson of the Planning/Zoning Board reminded everyone that the Planning/Zoning board unanimously approved the ordinance at its meeting on July 7th.
When everyone who wished to speak had been heard Deputy Mayor Burke made a motion, seconded by Commissioner Geyer to close the public hearing.
Solicitor Corrado asked that the record reflect the governing body received a letter, as required by state law, from the Planning/Zoning Board secretary stating that board found the ordinance to be substantially consistent with the master plan. Mr. Corrado also explained there were three proposed amendments to the ordinance as follows: 1) clarification of the parking fund fee being one price for the first 5 spaces and a reduced price for any over that; 2) section 27.4.i.3 deleted in it’s entirety; 3) strike the word “altered” from sec. 27-30.1a regarding nonconforming uses. None of the changes are substantial enough to require further notice, advertisement or hearing.
On motion of Commissioner Geyer, seconded by Commissioner Burke and carried unanimously on roll call vote, Ordinance 428-09 was amended as stated above.
Deputy Mayor Burke made a motion to adopt Ordinance 428-09 as amended. Commissioner Geyer seconded the motion which was carried unanimously on roll call vote.
COMMISSIONERS REPORTS:
Commissioner Geyer thanked everyone for coming to share their thoughts and feelings. He asserted that as Director of Pubic Safety he is the liaison to the police and code enforcement. Mr. Geyer was pleased to see real estate transactions increasing in West Cape May. He also gave a report on EMT responses in West Cape May. Lastly, he reminded everyone to swim safely, never alone, and to be watchful of children.
Deputy Mayor Burke announced the Borough would be sponsoring a blood drive with the Red Cross on Thursday, August 13th from noon until 6 PM. He also announced the Shade Tree Commission will be hosting a clean up party in Wilbraham Park on Monday July 20th and invited the public to participate.
Mayor Kaithern reviewed some of the items on the bill list, pointing out that several local businesses were patronized by the Borough over the last month. She also announced that the Borough is hoping to make application to the DCA for a rehabilitation grant.
PUBLIC PORTION: No comments.
When no one else wished to speak the meeting was adjourned at 9:58 PM on motion of Deputy Mayor Burke, seconded by Commissioner Geyer.
Respectfully submitted,
Elaine L. Wallace, RMC
Borough Clerk
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