MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
August 27, 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:  Borough Clerk Elaine Wallace, Deputy Clerk Kate Kilian, Borough Solicitor Christine Cote’, and Borough Engineer Ray Roberts.

PUBLIC COMMENT ON AGENDA ITEMS ONLY
Bud McDonough asked if the work session portion of the meetings was recorded, stating he believed all meetings had to be recorded.  Christine Cote’ explained that the minutes are the official record and the meeting did not need to be taped.  Mayor Kaithern gave Cape May Point as an example of a municipality that does not record any of its meetings.

WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed the monthly engineer’s report.

OLD BUSINESS:
Liquor Licenses:  Mayor Kaithern is waiting to obtain a final date from several professionals.

Alternative Energy:  Commissioner Rigby announced the Borough has saved approximately $1400 to date on energy costs.  He also announced that he has registered the Borough for energy credits, which will be handled by Energy Enterprises for a small percentage. Mayor Kaithern asked the Board if they would be most comfortable using the BPU draft for wind turbine zoning regulations.  After some discussion, the Municipal Clerk will draft an ordinance based on the BPU sample and check with the NJDEP to determine if they are planning to prohibit wind turbines south of Stone Harbor.

Volunteer Fire Ordinance and Memo of Understanding:  Christine Cote’ stated a little movement has been made, but she’s expecting to be further along by the next meeting.

Property Maintenance Code:  The Board felt the sample from Upper Township would best meet the needs of West Cape May and asked the Municipal Clerk to prepare an ordinance for introduction at the next meeting.

FAR and LEED Recommendations:  Commissioner Rigby provided a draft of items that he felt the Borough could consider to allow property owners to earn a FAR bonus.  Solicitor Cote’ recommended not using any items that would be inside the structure and thus hard to enforce.  Mayor Kaithern concurred and asked Ms. Cote’ to review the proposal for compliance with Municipal Land Use Law.  Mr. Rigby also announced that the Governor is planning to sign legislation to encourage municipalities to have a “Green Element” as part of their master plans, providing further proof that thinking green in becoming mainstream.

Court Consolidation:  Mayor Kaithern is continuing dialogue with Cape May City in conjunction with Police contract negotiations.

Zoning Language for Wind Turbines:  Covered during Alternative Energy

Elmira Street Widening:  Mayor Kaithern has expressed the Borough’s stance to Cape May City and stressed that the Borough prohibits buses on non-County roads.

NEW BUSINESS:
Water Quality Management Plan – Letter from Cape May County:  After some discussion, the Board decided to stay with the County being the lead agency on the Water Quality Management Plan.  A letter to that effect will be mailed to Freeholder Director Beyel.

Changes to Disorderly Conduct Code:  Pursuant to Solicitor Corrado’s recommendation, the Board agreed to repeal the entire section 3-3.1 of the Police Regulations Chapter.  Christine Cote’ will examine if any of the existing provisions need to be altered and added at a later date.

NJ Transit Bus Stop at Perry and Broadway:  Commissioner Rigby will pursue making Perry and Broadway an established bus stop instead of Myrtle and Broadway.  Christine Cote’ suggested asking the County to prohibit buses and large trucks from using Myrtle for the entire length of the street.

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 2:10 PM.

The Regular Meeting convened at 2:13 PM.

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

Minutes:       August 10, 2008 Work Session and Regular Meeting

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing September 24, 2008 at 1:00 PM

416-08    Amending and Supplementing Chapter 3 Police Regulations, Repealing Section 3-3.1 Disorderly Conduct Prohibited of the Revised General Ordinances of the Borough of West Cape May
417-08    An Ordinance Amending West Cape May Code Chapter 27, Section 27-10.1 (R1 – Urban Residential District); Section 27-11.1 (R2 – Rural Residential/Agriculture); Section 27-13.1 (R4 – Rural Residential); Section 27-14.1 (R5 – Rural Residential); Section 27-15.1 (C1 – Main Business/Mixed Use); section 27-16.1 (C2 – General Business/Mixed Use); Section 27-17.1 (C3 – Hotel/Tourist Business) to Provide for Affordable Housing Needs

Resolutions:
117-08    Authorizing Interlocal Services Agreement between the County of Cape May and the Borough of West Cape May for Animal Sheltering Services
118-08    Authorizing Change Order #2 – Final for Park Boulevard Bike Lanes
119-08    Approving Eagle Scout Project of Tyler Sole AS AMENDED
120-08    Bill Payment

NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING:
412-08          Amend and Supplement Chapter 17 Streets and Sidewalks to Prohibit Street Openings during Summer Months

Commissioner Rigby made a motion, seconded by Commissioner Burke, to open the public hearing on the above ordinance.  When no one from the public wished to speak, Commissioner Rigby made a motion to close the public hearing and adopt Ordinance 412-08.  Commissioner Burke seconded the motion which was carried unanimously on roll call vote.

414-08          To Determine Positions Eligible for the Defined Contribution Retirement Program

Commissioner Burke made a motion, seconded by Commissioner Rigby, to open the public hearing on the above ordinance.  When no one from the public wished to speak, Commissioner Burke made a motion to close the public hearing and adopt Ordinance 414-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

COMMISSIONERS REPORTS:
Commissioner Burke reminded the public that the County will be holding a memorial service Thursday, September 11 at 5 PM at the County Administration Building.  He also thanked everyone involved in making the Farmers Market the huge success it has been.  He also thanked the Clerk’s Office for the work they did for the blood drive held on Monday, August 25.  Lastly, he thanked the Environmental Commission, the Shade Tree Commission, and all the volunteers who helped in the Backyard Park the previous week.

Commissioner Rigby covered his items during the Work Session.

Mayor Kaithern extended a thank you to the professionals that funded the music during the Farmers Market: Remington and Vernick; Ford Scott Siedenberg and Kennedy; Sturdy Savings Bank; and Barry, Corrado, Grassi and Gibson.  Mrs. Kaithern announced that Atlantic City Electric will be holding public hearings on a proposed rate increase at September 9 at 3:30 and 5:30 PM in Hammonton.  Lastly, she reviewed some of the large items from the bill list including regular bills to the local and regional schools, and to Cape May City for bulk water.

PUBLIC PORTION: 
Bud McDonough, 135 Third Avenue, advised the Board that the Taxpayers October meeting would still be available for the Borough’s Liquor License hearing.  Mayor Kaithern explained that she’s still trying to coordinate with the professionals, but will advise the Taxpayers Association of the date and time selected.  She also asked that, even if the meeting is not held during the Taxpayers Association’s regular meeting, the organization still notify all its members.  Mr. McDonough also advised the Board that he wrote a letter to Senator Van Drew asking for his support in getting the County to pay for “Yield to Pedestrian” signs along Broadway.  Commissioner Burke explained that the County was opposed to putting signs, so they were not willing to pay for them.

Mike Bean, 400 Fow Avenue, asked for an explanation of Ordinance 417-08, which was provided by Mayor Kaithern

When no one else wished to speak the meeting was adjourned at 2:36 PM on motion of Commissioner Rigby, seconded by Commissioner Burke.

Respectfully submitted,

Elaine L. Wallace, RMC