MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
February 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 9:30 AM.  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 Frank Corrado, and Borough Engineer Ray Roberts.

WORK SESSION
Resolution 41-08  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 (Gaskill et al vs. Sands, et al)

On motion of Commissioner Burke, seconded by Commissioner Rigby, the resolution was approved unanimously on roll call vote.

The meeting was recessed into closed session at 10:06 AM and reconvened at 10:19 AM on motion of Commissioner Burke, seconded by Commissioner Rigby and carried unanimously on roll call vote.

Engineer’s Report:  Ray Roberts reviewed his report dated February 27, 2008.  He advised the Board that certifications will be needed on the NJDOT Sixth Avenue project because the increased work, which is within the amount of the grant, exceeds the 20% limit on change orders.

Liquor Licenses:  Nothing new at this time

Court Consolidation:  The report has been submitted, but there is some confusion over whether it is open to the public.  Cape May Administrator Lou Corea has stated that the document is not open to the public because it involves negotiations.  Borough Solicitor Corrado stated the bulk of the report is public information and any personnel or other non-public information could be redacted.

Alternative Energy:  Nothing new at this time.

Cape Island Creek:  Nothing new at this time.

Eagle Scout Project – David J. Von Savage:  Mayor Kaithern and Rob Flynn met with the Eagle Scout and a representative of the sign company.  They discussed design alternatives that would raise the sign 6 feet to avoid vandalism and make it more attractive.  The Historic Preservation Commission gave some informal opinion that the sign was not fitting for West Cape May.  No decision has been made.

NEW BUSINESS:  None

REVIEW OF CONSENT AGENDA:  Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items.  Resolution 41-08 was removed from the Consent Agenda and acted upon at the beginning of the meeting.  Resolution 49-08 was added to the Non-Consent Agenda.

The Work Session portion of the meeting was adjourned at 10:25 AM and the Regular Meeting convened at 10:29 AM.

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

Minutes:     February 4, 2008 Budget Meeting and February 13, 2008 Work Session and Regular Meeting

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing on March 26, 2008 at 1:00 PM

1. Calendar Year 2008 An Ordinance to Exceed the Municipal budget Appropriation Limits and to Establish a CAP Bank (N.J.S.A. 40A:4-25.14)

Resolutions:

1. Resolution Authorizing Appropriation Reserve Transfers During the First Three (3) Months of the Succeeding Fiscal year
2. Authorizing a Professional Services Contract with Jeffrey R. Surenian, Esq.
3. Resolution of the Borough of West Cape May Making Application to the Local Finance Board Pursuant to NJSA 40A:4-45.46 & 40A:4-45.3(ee)
4. Introduction of the Municipal Budget for the Year 2008

46-08      Authorize Emergency Temporary Appropriation
47-08      Authorize the Mayor to Execute and Sign Certificate No. 6 – Final
               ADA Upgrades to Municipal Building ($4,485.50)

1. Bill Payment

           
Acceptance of Tax Collectors Annual Statement of Receipts Report Year Ending December 31, 2008:  The report was filed with the Borough Clerk, who read pertinent portions for the public.

NON-CONSENT AGENDA
Ordinance for Second Reading and Public Hearing:

1. Establishing the West Cape May Volunteer Fire Company as the Official Fire Company for the Borough of West Cape May

Commissioner Burke made a motion to postpone the second reading and consideration for adoption until March 26, 2008 at 1:00 pm in order to enable continued communication between counsel for the Borough and the Volunteer Fire Company.  Commissioner Rigby seconded the motion, which was approved unanimously on roll call vote.

Resolution:
 49-08     A Resolution Accepting the Settlement Agreement in the Litigation Entitled Gaskill and Chesley v. Sands, et al Docket No. CPM-C-73-07, in the Chancery Division of the Superior Court of New Jersey

Solicitor Corrado explained that the resolution authorizes him to sign a consent order that settles a lawsuit between 2 adjoining neighbors, in which the Borough was also named.  There is no cost to the Borough, just a requirement that electrical inspection services be provided.  The resolution was unanimously approved on motion of Commissioner Rigby, seconded by Commissioner Burke.

Commissioner Reports
Commissioner Rigby announced that he and the Planning Board Chair will be meeting with the State Office of Smart Growth hoping to finalize the Plan Endorsement and to find funding to implement the Rhodeside and Harwell urban design.  The will also be meeting with NJ Economic Development Authority to discuss possible funding for the private interests involved in the Rhodeside and Harwell design.  Lastly, he will be meeting next week with the elementary school about sidewalk funding available through the NJDOT that could be used on sidewalks within 2 miles of a school, which would include Wilbraham Park.

Commissioner Burke announced that he will be meeting with the Regional Coordinator for the Red Cross to finalize plans for a blood drive to be held on Thursday, April 3rd.  He will also be meeting with the Farmers Market coordinator to start working on the 2008 season.  Lastly, he will be attending the “Proudly We Served” exhibit at the Carriage House Gallery at the Physick Estate on February 28th.

Mayor Kaithern announced that services will be held February 28th for Linda DeHart, a former Deputy Borough Clerk.  She also reviewed some of the items on the bill list.  The County Freeholders are having a Transportation Infrastructure Conference on March 11th that the public is encouraged to attend.  Lastly, she commented on the governor reducing municipal aid to small municipalities.  Last year the Borough received $16,000 from the state, and cut of that size would cause the Borough to exceed the CAP set by the state.  The Borough is functioning extremely efficiently and there isn’t excess funding to be able to cut the budget to compensate for this type of change.  In an effort to find sustainable revenue sources, Mrs. Kaithern is forming an ad hoc committee.
           
Public Portion:  No comments from the public

When no one from the public wished to speak, the meeting was adjourned at 10:38 AM on motion of Commissioner Rigby, seconded by Commissioner Burke.

Respectfully submitted,

Elaine L. Wallace, RMC
Borough Clerk