MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
April 23, 2008

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 1:00 PM.  The Open Public Meetings Statement was read by Mayor Kaithern who then led those present in the flag salute.  Mayor Pamela Kaithern, Commissioner Dick Rigby and Commissioner Peter Burke answered roll call.  Also in attendance:  Deputy Borough Clerk Kate Kilian, Borough Solicitor Frank Corrado, Borough Auditor Leon Costello, and Borough Engineer Ray Roberts. Also noted: Planning Board Chairman Gary Novak attended the Workshop.

WORK SESSION

AUDITOR Leon Costello presented the amended budget. The Commissioners agreed to adopt the amended budget and a resolution to amend the budget will be added to the consent agenda.

ENGINEER’S REPORT: Ray Roberts reported that negotiations are under way between the Borough and the City of Cape May to develop an interlocal agreement relative to sharing the remote water meter reading system.  Also the USDA has given preliminary approval to use their funds for the purchasing of the necessary hardware, software and meters.  Mr. Roberts stated that the ADA project is complete and final payment requisition releasing retainage has been made. Regarding Park Boulevard Bike Path, Mr. Roberts stated that to extend the Bike lane on the east side of Park Boulevard to Leaming Avenue there would be an additional charge of $2,422.75.  This would increase the contract with American Asphalt to $116,870.75 well below the final figure of $127,000.  The Commissioners and Solicitor Corrado concurred with Mr. Roberts findings.  A resolution will be added to the consent agenda to approve the change order.
 
OLD BUSINESS
Liquor Licenses:  Mr. Rigby reported that he will meet with Terry Franklin on Tuesday, May 5th to review her findings and report to the Commissioner at the May 14th meeting. 

Court Consolidation:  Mayor Kaithern stated that Lou Corea, Cape May City Manager, stated discussions are on hold until after the upcoming May elections in Cape May.  The newly elected governing body will consider the consolidation in July.

Alternative Energy:  The Borough sent the initial deposit check and the project is expected to start shortly.

Volunteer Fire Ordinance and Memo of Understanding:  The Volunteer Fire Company’s attorney reviewed the Ordinance and Memo of Understanding and will meet with the members of the Fire Company.  

NEW BUSINESS
Cape May-Lewes Ferry Bus Route:  Jim Labrusciano presented the Commissioners a proposed new bus route for the Cape May/Lewes Ferry for the summer season 2009.  The proposed new route would exit the Cape May bus depot onto Elmira Street proceed to Leaming Avenue and down Broadway. This new route would curtail the traffic through the Borough and would stop on Broadway at the Farmers Market.  The Commissioners agreed to review the proposed bus route and to see if it is in compliance with Ordinance #385-07, Limiting the Use of Streets to Certain Vehicles and Creating Truck and Bus Routes.

Use of Wilbraham Park for 2009 Season:   Kate Kilian will prepare a proposed calendar schedule for the May 14th meeting.

JIF Facility Use Application:  Solicitor Corrado reviewed the document provided by JIF and stated it is a standard application.  Mr. Corrado stated that a general ordinance would be prepared to encompass all the Boroughs facilities.

County Joint Venture Grant Program:  The Borough is once again eligible for the minimum amount of funding, $50,000, based on population.  Mayor Kaithern has spoken to Public Works Manager Rob Flynn who has suggested replacing the 20-year-old paper truck.  The Commissioners agreed that the truck should be replaced, hopefully with a compactor.  Mayor Kaithern requested that Kate Kilian send a letter to the County stating the Governing Body request the funds be appropriated for the purchase of a paper truck.

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 1:53 PM.

The Regular Meeting convened at 1:55 PM.

PROCLAMATION
National Volunteer Week – April 27,2008 to May 3, 2008 as amended.

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

MINUTES:  April 9, 2008 Work Session and Regular Meeting as amended and April 9, 2008 closed session.

ORDINANCES FOR FIRST READING AND INTRODUCTION: None

RESOLUTIONS:
66-08     Refund of Unexpended Escrow Fees – Archie Garnett, Block 45, Lot 1.10
67-08     Authorizing Amendment to the Agreement for Administrative Services for the Phase 2 – 2005 Sanitary Sewer and Watermain Improvement Program
68-08     Amend Municipal Budget
68A-08  Adopt Municipal Budget
69-08     Amending the Employee Policy and Procedure Manual of the Borough of West Cape May
72-08     Bill Payment
73-08     Resolution Authorizing Change Order in the Amount of $2,422.75 to the Park Avenue Bike Path Contract

 Mayor Kaithern noted that Resolution #71-08, Payment for Interest, Expenses and Fees for Redemption of Tax Sale Certificate No. 05-005, Victor M. and Lisa M. Baron, be removed from the Consent Agenda.  Resolution #71-08 will be discussed in closed session. 

NON-CONSENT AGENDA:

COMMISSIONERS REPORTS:
Commissioner Burke reported the 30th Anniversary of the Cape May County Zoo will be celebrated on Tuesday, May 6th, 4:30pm at the Cape May County Zoo.  The Cape May County Board of Chosen Freeholder invites the public to the Cape May County Spring conference.  The focus is on beaches, fishing and tourism in Cape May County.  The Conference will be held Tuesday, May 13, 10AM in the County Administration Building.

Mayor Kaithern announced that the Borough achieved Cross Acceptance Plan Endorsement.  The approval process began on July 14, 2004 and the Borough is the 7th of 566 municipalities in New Jersey to obtain the endorsement.

PUBLIC PORTION:  No one wished to speak.

70-08     Providing for a Closed Session Not Open to the Public in Accordance with the Provisions of the New Jersey Open Public Meetings Act – NJSA 10:4-12 (6th Street Partners Litigation and Negotiations)

On motion of Commissioner Burke, seconded by Mayor Kaithern, the above resolution was carried on unanimous roll call vote.  Solicitor Corrado explained that no decisions will be made, thus no announcements will be made at the conclusion of the closed session.

The meeting was recessed into Closed Session at 2:03 PM.

The Regular Meeting was reconvened on motion of Commissioner Rigby, seconded by Commissioner Burke, at 4:08 PM.

The Mayor asked that the minutes reflect that Solicitor Jeffrey Surenian joined the Closed Session via conference call.

Resolution #71-08, Payment for Interest, Expenses and Fees for Redemption of Tax Sale Certificate No. 05005, Victor M. and Lisa M. Baron was approved by full membership of the Governing Body.

There being no further business, a motion was made by Commissioner Burke, seconded by Commissioner Rigby, and carried unanimously by the Board of Commissioners to adjourn the meeting at 4:10PM.

Respectfully submitted,

Kate Kilian