MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
February 25, 2009
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 (1:12 PM), Borough Solicitor Frank Corrado, and Borough Engineer Ray Roberts.
PUBLIC QUESTIONS ON CONSENT AGENDA ONLY: Jim Labrusciano asked for clarification on TULIP. Mayor Kaithern explained the program and the hope that it will help users of public property meet JIF insurance requirements. Mike Bean asked why the sale of public land was being cancelled.
WORK SESSION
ENGINEER’S REPORT: Ray reviewed his monthly report for February. He would like to meet with Borough representatives to discuss capital projects including street and sewer work.
OLD BUSINESS
Clean Energy Audit: Commissioner Rigby has gotten a sample RFP from the State. The Borough will have to pass a resolution authorizing the RFP.
NEW BUSINESS: None
REVIEW OF REGULAR MEETING: Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items. There was discussion on amendments that need to be made to Ordinances 421 and 422 prior to adoption. Second Reading and adoption on Ordinance 423-09 must be postponed.
The Work Session portion of the meeting was adjourned at 1:44 PM and the Regular Meeting convened at 1:48 PM.
CONSENT AGENDA: On motion of Commissioner Burke, seconded by Commissioner Rigby, the following Consent Agenda was unanimously approved on roll call vote.
Minutes: February 11, 2009 Work Session and Regular Meeting
Ordinances for Introduction and Publication: None
Resolutions:
60-09 Authorizing Special Event Permit to P.A.L. of Cape May
61-09 Authorizing a Shared Services Agreement with Cape May County for Record Restoration and Conservation
62-09 Authorizing Participation in TULIP Program
63-09 Closed Session (Sixth Street Partners)
64-09 Rescinding the Sale of Property Owned by the Borough of West Cape May
65-09 Bill Payment
66-09 Authorizing Extraordinary Unspecifiable Service Contract with Max Spann R.E. and Auction Co. for Auctioneer Service
Proclamation: National Nutrition Month – March 2009
Application for Approval: Catering Permit for Cherry Tree Inc., for the PAL Comedy Night, to be held at West Cape May Fire Hall, 732 Broadway, on Friday March 6, 2009 from 7:00 PM to 12:00 AM.
NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING:
421-09 Establishing Regulations for Small Wind Energy Systems and Solar Energy Systems
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 421-09. Commissioner Burke seconded the motion which was carried unanimously on roll call vote.
422-09 Amending Certain Provisions of the Land Use Ordinances of the Borough of West Cape May – Application and Escrow Fees for Wind/Solar Installations
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 Rigby made a motion, seconded by Commissioner Burke to close the public hearing and amend Ordinance 422-09. Commissioner Burke made a motion to adopt Ordinance 422-09 as amended. Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.
423-09 Ordinance Amending West Cape May Code Chapter 27-2 (Purpose); Chapter 27-6 (Definitions); Chapter 27-7 (Establishment of Zoning Districts); Chapter 27-15 (C1 Commercial District); Chapter 27-16 (C2 Commercial District); Chapter 27-17 (C3 Commercial District); Chapter 27-18 (P Preservation District); Chapter 27-27.3 (Parking Requirements); 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 Rigby made a motion, seconded by Commissioner Burke, to table this ordinance indefinitely. The motion was carried by unanimous roll call vote. Solicitor Corrado explained the ordinance had to be tabled indefinitely because no specific date has been set to bring it up again, but the ordinance will be considered as soon as possible.
COMMISSIONERS REPORTS:
Commissioner Burke announced the joint free rabies clinic will be held Monday, March 9th in Cape May Point. He also announced the County Multi-jurisdictional kick-off meeting will be held at 3 PM this afternoon.
Commissioner Rigby contacted Atlantic Electric to learn the existing street lights will be replaced by high pressure sodium lights sometime later this year. He will learn the timing in April.
Mayor Kaithern announced the Borough has saved approximately $4,000 in electric bills since the solar panels were installed in July of 2008. The finance office also saved the Borough about $650 by doing an in-depth investigation into the phone bills. Mrs. Kaithern read the major items from the bill list which included the Regional and West Cape May school bills which account for roughly 75% of taxes collected by the Borough. Lastly, she advised that there may be some potential for purchasing land or using existing Borough property to provide parking, which should help alleviate some of the parking concerns.
PUBLIC PORTION:
Mike Bean, 400 Fow Avenue, objected to the Borough considering outside fire services. Mayor Kaithern advised him the Borough has not entertained any such arrangements and has, in fact, been working diligently for months to establish the West Cape May Volunteer Fire Company as the official company for the Borough, but has not gotten necessary documentation needed to protect taxpayers. Mr. Bean commended the volunteers on the marvelous job they do and asked that the impasse be resolved as soon as possible. Mr. Bean claimed to see a copy of a lease granting the Fire Company an open ended lease of its building. The Borough has never seen the document in question, but is very interested in seeing one if it exists.
When no one else wished to speak, the public portion was closed and a motion was made by Commissioner Rigby, seconded by Commissioner Burke, to recess the meeting into Closed Session at 2:08 PM.
The meeting was resumed on motion of Commissioner Burke, seconded by Commissioner Rigby at 2:28 PM.
The meeting was adjourned at 2:28 PM on motion of Commissioner Rigby, seconded by Commissioner Burke and carried unanimously on roll call vote.
Respectfully submitted,
Elaine L. Wallace, RMC
Municipal Clerk
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