MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
January 28, 2009
The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 1:11 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 QUESTIONS ON CONSENT AGENDA ITEMS ONLY None
WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed the monthly report.
OLD BUSINESS
Liquor Licenses: The zoning changes for the liquor license are part of the commercial zoning changes that will be discussed under New Business. Solicitor Cote’ explained that there will also be an ordinance authorizing the sale of the licenses.
BPU’s Local Government Energy Audit Program: Commissioner Rigby has made a good contact with the State. He and Rob Flynn will be working on descriptions of the building and submission of the application. A resolution will be considered on the Consent Agenda to authorize the application.
NEW BUSINESS
Open Space and Farmland Preservation – Block 50, Lot 1.04: The owner of the property has asked for a letter supporting his application to have the County Open Space purchase the lot. The Borough will prepare a letter.
REVIEW OF REGULAR MEETING: Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items. Joan Hodges gave a report on the Community Stewardship Incentive Program grant agreement being approved by Resolution 44-09 and the steps the Shade Tree Commission took to be eligible for the grant.
Zoning Change Recommendations from Planning Board: The Board reviewed changes proposed by the Planning/Zoning Board. The draft was prepared by Elizabeth Terenik, Planning Consultant hired by the Planning Board. The changes include commercial zone changes, sign regulations, parking regulations, and liquor license use. One main thrust was to update the commercial zoning to meet the objectives of the Master Plan, to realize the vision of the Rhodeside and Harwell urban design recommendations, and to facilitate affordable housing by permitting mixed-use buildings in the commercial district. There was some discussion over parking in the C-1 district. Language was added that would make restaurants in that district comply with parking regulations, even if they are in an existing building that is not changed. Engineer Ray Robert felt the fee for dedicated parking fund would not be sufficient to cover the cost of the Borough purchasing land and making parking improvements on it. Solicitor Christine Cote’ made two recommendations for language in the sign regulations. Outdoor Dining was a newly added section and a few changes were made to limit the month when outdoor dining would be permissible and to prohibit enclosures and heating/cooling equipment. Mayor Kaithern stated the Office of Smart Growth suggested a few additions to the definition for green roof and these changes were incorporated into the ordinance.
Commissioner Rigby left the meeting at 2:30 PM. A short break was called at 2:43 PM. When the meeting resumed at 3:00, Clerk Elaine Wallace left and Deputy Clerk Kate Kilian recorded the minutes for the rest of the meeting.
Solicitor Cote’ drafted a title for the zoning ordinance: Ordinance #423, 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 REQUIREMENTS); 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). The ordinance was added to the consent agenda to be introduced by title only, and published in summary, as amended.
Mark Lukas, 119 Myrtle Avenue, stated that the new sign regulations should have historic elements noting the importance of style, wood, etc. in keeping with the charm of West Cape May. Mayor Kaithern and Engineer Roberts stated that all signs in the Historic District must be in compliance with the Historic Preservation Commissions regulations.
Jimmy Labrusciano, 127 Myrtle Avenue, objected to the buffering as noted on the West Cape May commercial district information disseminated at the Planning Board Meeting January 27, 2009 by Elizabeth Terenik. Mr. Labrusciano stated the 4 feet by 4 feet buffer is not sufficient. Ray Roberts and Shade Tree Treasurer Joan Hodges stated the purpose of the buffer is so that headlights would project into the bushes and not an adjacent house.
Doug Carnes, Wilbraham Mansion, Myrtle Avenue inquired if the Commissioners would consider an introduction of a Valet Parking Ordinance. Mayor Kaithern stated that other communities with Ordinances for Valet Parking find that it is difficult to enforce.
PROCLAMATIONS
A. National Wear Red Day for Women – February 6, 2009
B. Read Across America – March 2, 2009
The Work Session portion of the meeting was adjourned at 3:40 PM.
The Regular Meeting convened at 3:45 PM.
CONSENT AGENDA: On motion of Commissioner Burke, seconded by Mayor Kaithern, the following Consent Agenda was unanimously approved on roll call vote.
MINUTES: January 7, 2009 Work Session and Regular Meeting and Closed Session
ORDINANCES FOR FIRST READING AND INTRODUCTION: Scheduled for Second Reading and Public Hearing on February 25, 2009 at 1 PM.
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 (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 REQUIREMENTS); 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)
RESOLUTIONS:
- Appointing Special Counsel for COAH Litigation – Jeffrey Surenian
39-09 Naming Gary Novak Volunteer to the Borough
40-09 Authorizing Use of Borough Hall by the William J. Moore Scholarship Foundation, Inc.
41-09 Renewal of Campground License for 2009 Depot Travel Park, Inc.
42-09 Approving Submission of an Application to New Jersey Board of Public Utilities for Participation in the Local Government Energy Audit Program
43-09 Authorizing an Interlocal Agreement between the Borough of West Cape May and Middle Township to Provide Animal Control
44-09 Grant Agreement between the Borough of West Cape May and The State of New Jersey by and for the Department of Environmental Protection
45-09 Requesting that the Court Review and Approve the Borough’s Development Fee Ordinance
46-09 Requesting the Court to Review and Approve the Borough’s Draft Spending Plan
47-09 Expressing the Borough’s Intent to Provide the Funds Necessary for the Satisfaction of the Borough’s Affordable Housing Obligations
48-09 Supporting Tax Abatement on Permanently Restricted County and State Farmland
49-09 Authorizing an Agreement between the Borough of West Cape May and Comcast
50-09 Awarding the Sale of Public Land, Block 21, Lot 27 to Lawrence Pray
51-09 Closed Session – Sixth Street Partners Litigation Status
52-09 Bill Payment
PROCLAMATIONS:
National Wear Red Day for Women – February 6, 2009
Read Across America – March 2, 2009
NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND ADOPTION:
- Development Fee Ordinance
Commissioner Burke made a motion, seconded by Mayor Kaithern, 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 to adopt Ordinance 419-08. Mayor Kaithern seconded the motion, which was carried unanimously on roll call vote.
420-08 An Ordinance of the Borough of West Cape May to Amend Its Zoning Ordinance under Chapter XXVII of the Code (Floor Area Ration)
Commissioner Burke made a motion, seconded by Mayor Kaithern, 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 to adopt Ordinance 420-08. Mayor Kaithern seconded the motion, which was carried unanimously on roll call vote.
COMMISSIONERS REPORTS:
Commissioner Burke announced there will be a Red Cross Blood Drive at Borough Hall on Monday, February 2nd. He also announced that the Annual Rabies clinic will be held at Cape May Point from 6PM-7:30PM. Mr. Burke also stated the Cape May County Freeholders will be holding a Transportation Seminar on February 24, 2009, at 10AM, at Moore Road in Cape May Court House.
Mayor Kaithern stated that her report was covered in the Workshop meeting.
PUBLIC PORTION:
Robert Gaskill, 703 Willow Avenue, inquired why the fees were so high for the Installation of Solar Installation System, in particular the application fee of $500.
Mayor Kaithern stated the fees are being paid by the user and the burden should not be on the taxpayer. Engineer Ray Roberts stated the application must be reviewed by the Planning Board and Zoning Officer. Mr. Gaskill replied he thinks the fees are too high. Mayor Kaithern stated that the Governing Body would review the fees prior to final adoption.
Mark Lucas, 119 Myrtle Avenue, inquired regarding the process of adopting an ordinance. Mrs. Kaithern explained the adoption procedure. Mr. Lucas asked if the adoption of Ordinance 423-09 would conclude April of 2009. Mrs. Kaithern stated that if final approval was given it should be adopted by April. Mr. Lucas stated that he has spent 7 years restoring his home and the commercial district should be encouraged to grow but maintain the historic prospective and character of the town.
Jimmy Labrusciano, 127 Myrtle Avenue, thanked the Planning/Zoning Board and the Board of Commissioners for the zoning regulations in the Commercial District, but felt some areas should be re-evaluated. Mr. Labrusciano stated the buffering is negative in the residential area and the lighting and parking in this area should also be reviewed. Mr. Labrusciano also asked if the traffic circle referred to in the Planning Board Meeting would become a reality. Mrs. Kaithern stated that the circle is only a concept and is in the early planning stage, with many steps needed to make it a reality.
Ramsey Geyer, 5 Pond Creek Lane, inquired regarding the status of the agreement between the Fire Company and the Borough. Mayor Kaithern replied that on December 18, 2008 a letter was sent to the Volunteer Fire Company requesting necessary items, that are required by State and Federal Government, be forwarded to the Borough, however, the budget was the only item received. Mr. Geyer stated that these issues must be resolved in order for the VFC to secure grants. Commissioner Burke stated that the VFC did reply to an email sent by Kate Kilian informing them of a Safety Committee meeting on Thursday, January 29th. Mr. Nelson, VFC representative, replied that a member could not attend the meeting but to inform them of information that is required.
When no one else wished to speak, the public portion was closed and the meeting was recessed into closed session at 4:40PM. The meeting was reconvened at 5:01PM on motion of Commissioner Burke, seconded by Mayor Kaithern.
There being no further business, a motion was made by Commissioner Burke, seconded by Mayor Kaithern, and carried unanimously by the Board of Commissioners to adjourn the meeting at 5:05 PM.
Respectfully submitted,
Elaine Wallace
Borough Clerk
Kate Kilian
Deputy Borough Clerk
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