MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
January 7, 2009

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:00 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 QUESTIONS ON AGENDA ITEMS ONLY  None

WORK SESSION
ENGINEER’S REPORT:  Ray Roberts announced two favorable bids were received for the remote read water meter installation project.  Once the packages have been reviewed by the Borough Solicitor, they will be forwarded to USDA for approval and then the contract can be awarded.  Both bids came in below the grant amount, so the entire project can be completed.

OLD BUSINESS
Liquor Licenses:  The ordinances are still being drafted, hopefully in time for introduction at the January 28th meeting.

Alternative Energy – Wind Turbines:  Commissioner Rigby is still working on funding and is pursuing various options.  This topic will be removed from old business.

BPU’s Local Government Energy Audit Program:  Commissioner Rigby is still trying to contact the BPU.

NEW BUSINESS:  None

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 7:32 PM and the Regular Meeting convened at 7:40 PM.

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

MINUTES:  December 17, 2008 Work Session and Regular Meeting

ORDINANCES FOR FIRST READING AND INTRODUCTION: Scheduled for Second Reading and Public Hearing on February 11, 2009 at 7 PM.

421-09   Establishing Regulations for Small Wind Energy Systems and Solar Energy Systems
422-09   An Ordinance Amending Certain Provisions of the Land Use Ordinances of the Borough of West Cape May – Fees for Wind/Solar Installations

RESOLUTIONS:
1-09       Resolution to Adopt Temporary Budget
2-09       Resolution to Adopt Temporary Budget – Water and Sewer
3-09       Resolution Setting Dates, Times & Places of Meetings
4-09       Resolution Setting Holidays for 2009
5-09       Resolution Adopting Cash Management Plan
6-09       Resolution Appointing Public Defender
7-09       Resolution Appointing Municipal Prosecutor
8-09       Resolution Appointing Municipal Auditor
9-09       Resolution Appointing Borough Solicitor
10-09     Resolution Appointing Bond Counsel
11-09     Resolution Appointing Risk Management Consultant
12-09     Resolution Authorizing Joint Municipal Court System
13-09     Resolution for Designation of Official Newspaper
14-09     Resolution for Designation of Official Depositories
15-09     Resolution Fixing Rate of Interest on Delinquent Taxes and Assessment and Fixing a Six Percent (6%) Penalty on Delinquent Taxes and Municipal Charges
16-09     Resolution Authorizing Tax Assessor to File Regular Appeals on Behalf of the Borough of West Cape May
17-09     Resolution for Deferred School Tax Levy for West Cape May School District to Lower Cape May Regional
18-09     Resolution for Deferred School Tax Levy for West Cape May School District to West Cape May School District
19-09     Authorizing Appointment of Tax Collector – Todd N. Burkey
20-09     Resolution Appointing Richard N. Rigby as Class III Member of the Planning Board
21-09     Resolution Authorizing Renewal of Trailer Park License for Westwood Mobile Estates
22-09     Resolution Authorizing Renewal of Trailer Park License for Broadway Trailer Park
23-09     Professional Services Appointment for Municipal Engineer, Raymond Roberts of          Remington, Vernick and Walberg Engineers
24-09     Confirmation of Officials for Joint Insurances Fund and Municipal Excess Liability Fund
25-09     Professional Services Appointment of Triad Associates as COAH Administrative Agent
26-09     Authorizing the Mayor to Execute and Sign Certificate No. 3 for Reconstruction of       Sixth Avenue ($4,503.93)
27-09     Authorizing the Mayor to Execute and Sign an Agreement with Collaborative Support Programs of New Jersey, Inc. to Help Meet the Borough’s Affordable Housing Obligations
28-09     Authorizing a Trust Fund Which Shall Be Considered a “Dedication by Rider” to the Budget of the Borough of West Cape May for the Collection and Disbursement of Development Fees
29-09     Resolution Determining the Form and Other Details of an Amount not to Exceed $924,000 General Obligation Bond of the Borough of West Cape May, in the County of Cape May, New Jersey and Providing for the Sale of Such Bond to the United States Department of Agriculture, Rural Development
30-09     Resolution of the Board of Commissioners of the Borough of West Cape May Requesting that the Court Review and Approve the Borough’s Development Fee Ordinance
31-09     Authorizing a Retroactive Interlocal Agreement between the Borough of West Cape May and Middle Township to Provide Animal Control
32-09     Closed Session (Volunteer Fire Company, Rea Tax Appeal, 6th Street)
33-09     Authorizing and Providing for the Incurrence of Indebtedness for the Purpose of Providing a Portion of the Cost of Acquiring, Constructing, Enlarging, Improving, and/or Extending Its Sanitary Sewage Collection Facility to Serve an Area Lawfully within It’s Jurisdiction to Serve
34-09     Reappointment of Chief Financial Officer
35-09     Reappointing Daniel K. Rutherford as the Emergency Management Coordinator and Reappointing Carol Sabo and Paul Mullock as the Deputy Emergency Management Coordinators
36-09     Bill Payment

PROCLAMATIONS FOR EAGLE SCOUTS: Joseph Stevenson, Von Schifferdecker, Taylor Vendetta, and James Banks

NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND ADOPTION:

419-08 Development Fee Ordinance

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 Burke made a motion to close the public hearing on Ordinance 419-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.  Adoption was postponed until January 28 to allow Planning/Zoning Board review.

COMMISSIONERS REPORTS:
Commissioner Burke announced there will be a Red Cross Blood Drive at Borough Hall the first week in February.  He also announced that the ACJIF theme this year is “Think safety on and off the job.”
Commissioner Rigby announced that the ruling in the Sixth Street Partners lawsuit was definitively in the Borough’s favor.  A lot of people were responsible for the success, starting with Mayor Kaithern who put in incredible hours to make the Borough’s case.  Also, Gary Novak, excellent lawyers, an affordable housing consultant, and Executive Director of the office of Smart Growth, DCA were essential to the Borough‘s success.

Mayor Kaithern reiterated that the court decisively denied the builders remedy lawsuit - the judge likening the proposed project to putting a 100 acre farm in the middle of New York City.  She felt the current Commissioners were elected to preserve the character of the town and was grateful that the court recognized the effort being made toward sound planning and growth.  Mayor Kaithern advised that there is still much work to be done with COAH, but the Borough is already hard at work to move forward.  Lastly, Mayor Kaithern asked the Board to consider allowing TCNJ STRONG to place a collection box in Borough Hall.  The organization supports US military troops around the world with letters and care packages.  Donation can be in cash or materials and all donations are used for the troops.  Monetary donations are used to cover postage and packaging and material donations are placed into care packages.  Mayor Kaithern proudly announced the local representative to be her daughter Kaleigh.  Commissioner Rigby made a motion to permit the placement of a box in Borough Hall, Commissioner Burke seconded the motion which was passed unanimously on roll call vote.  A sign will be placed with the collection box explaining the goals of the TCNJ STRONG.

Commissioner Burke had gotten email and phone calls from residents expressing happiness and appreciation for fighting the Sixth Street Partners lawsuit.  Mr. Burke wished to explain that being happy was perhaps not the most appropriate reaction given the tremendous expense of the lawsuit.  He was more relieved than happy at the outcome.  He thanked everyone for their support.

PUBLIC PORTION:
Ramsey Geyer, 5 Pond Creek Lane, reiterated what Commissioners said about the hard work that went into defending the Borough in the lawsuit, stating it took a lot of time and effort.  He congratulated the Board on maintaining successful growth and working to become compliant with COAH.

When no one else wished to speak, the public portion was closed and the meeting was recessed into closed session at 8:01 PM.  The meeting was reconvened at 9:01 PM on motion of Commissioner Rigby, seconded by Commissioner Burke.

Resolution 37-09  Authorizing Settlement in Rea Farms v. West Cape May Block 73, Lot 10 and Block 55 Lot 26

On motion of Commissioner Burke, seconded by Commissioner Rigby, the above resolution was passed on roll call vote with Mayor Kaithern abstaining.

There being no further business, a motion was made by Commissioner Rigby, seconded by Commissioner Burke, and carried unanimously by the Board of Commissioners to adjourn the meeting at 9:04 PM.

Respectfully submitted,

Elaine L. Wallace, RMC