MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
July 23, 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, Borough Solicitor Christine Cote’, and Borough Engineer Ray Roberts.

WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed his monthly report.

OLD BUSINESS
Liquor Licenses:  Christine Cote’ explained that the governing body could only place a non-binding referendum question on the ballot.  After some discussion, the Board decided to place three questions on the ballot – one for each type of license and one about the use of the funds for tax relief.  A resolution will be added to the consent agenda authorizing the Borough Clerk to forward the questions to the County Clerk.

Alternative Energy:  Commissioner Rigby announced the Borough has saved $427 in just over a week since the solar panels were installed.  He is also looking into the possibility of wind energy.  Before the Borough could pursue this avenue, zoning language would have to be adopted.  Mr. Rigby will continue to look into zoning language as well as possible funding sources.

Volunteer Fire Ordinance and Memo of Understanding:  Solicitor Cote’ is still waiting to here from the attorney for the Volunteer Fire Company.

JIF Facility Use Application:  The Board discussed the draft ordinance provided by Solicitor Cote’.  The Borough Clerk will forward the ordinance to the JIF for review before scheduling it for introduction.

Property Maintenance Code:  Commissioner Burke provided several samples of property maintenance language from other municipalities.  After some discussion, the Board felt Upper Township’s code was most similar to what the Borough would like to do and could use that as a guide.

Planning/Zoning Board FAR Recommendation:  Discussion moved to next meeting.

Court Consolidation:  Mayor Kaithern will be meeting with the Acting Administrator from Cape May next week to discuss this, as well as police services.

NEW BUSINESS
Zoning Language for Wind Turbines:  Discussed during Alternative Energy topic.

Public Portion at Start of Meeting:  Mayor Kaithern asked the Board to consider having a public portion at the beginning of the Work Session to allow the public to comment upon agenda items only.  The Board was in favor of trying this suggestion. 

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 2:22 PM and the Regular Meeting was convened at 2:27 PM.

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

Minutes:   July 9, 2008 Work Session and Regular Meeting
                  July 9, 2008 Closed Session

Ordinances for Introduction and Publication: Second Reading and Public Hearing to be held August 27, 2008 at 1:00 PM

412-08   Amend and Supplement Chapter 17 Streets and Sidewalks to Prohibit Street Openings during summer Months

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

Resolutions:
101-08   Authorization to Accept the Audit Report for 2007
102-08   Authorizing Remington and Vernick Engineers to Prepare Plans and specifications for Remote Reading Water Meter Project – USDA Phase 1B
103-08   Authorizing Refund Payment from Tax Appeal of 2008 Real Estate Taxes on Block 34, Lot 2
104-08   Authorize Refund of Unexpended Escrow Fees – James F. Pointer
106-08   Fixing the Date of Delinquency for Taxes Due for the Third Quarter 2008
107-08   Authorizing the Mayor to Execute and Sign Change Order No. 3 for the USDA Sanitary Sewer Improvement Program – Phase II
108-08   Authorizing the Mayor to Execute and Sign Certificate No. 6 Final for USDA Phase II 2005 Sanitary Sewer and Watermain Improvement Program ($53,520.03)
109-08   Bill Payment
110-08   Resolution Authorizing Three Public Questions to Be Placed on the 2008 General Election Ballot Regarding Permitting the Sale of Alcoholic Beverages in West Cape May
NON-CONSENT AGENDA:
Ordinances for Second Reading and Public Hearing:

411-08   Amend and Supplement Chapter VII of the Revised General Ordinances of the Borough of West Cape May, Section 7-7.6 Parking Prohibited at All Times on Certain Streets

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 and adopt Ordinance 411-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

413-08   Bond Ordinance Appropriating $120,000 and Authorizing the Issuance of $66,500 in Bonds and Notes of the Borough of West Cape May for the Various Improvements or Purposes Authorized to be Undertaken by the Borough of West Cape May  (Supplemental Debt Statement - .18% - acknowledged by DLGS on June 30, 2008)

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 and adopt Ordinance 413-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

Commissioners Reports:
Commissioner Burke commented on how well the Farmers Market has been managed and thanked all borough staff and police for their efforts.  He also announced that the Red Cross Blood Drive was rescheduled for Monday, August 25th.

Commissioner Rigby covered his topics during the Work Session.

Mayor Kaithern advised that Senator VanDrew has introduced legislation that would add a surcharge on motor vehicle violations that would be used to help offset the cost of police services.  As written, the bill would only provide funds to municipalities that have their own police force.  She has requested a change that would provide relief for municipalities like West Cape May that have to pay for police services that are provided by another municipality.  Lastly, she commented on an interesting demographic published in the Press of Atlantic City showing that the population of West Cape May has decreased 10% since 2000.

Public Portion: 
Gladys Pfaff, 300 Third Avenue, expressed concern over tax assessments of $320,000 on 50 x 150 lots.  She filed a tax appeal on her property, which was subsequently reassessed to $280,000.  She felt the Borough tax assessor should reassess all 50 x 150 lots to $280,000, not just hers.  Mayor Kaithern explained the relationship between tax assessments, the tax rate, and total to be raised by taxes; stating that the total to be raised by taxes would not change, so if the tax assessments were to decrease the tax rate would have to increase to compensate for it and thus the taxes owed would not change.  She explained the only way to lower taxes would be to decrease the budget.  Mrs. Pfaff asked if there wasn’t something the Borough could do to save money.  Mayor Kaithern gave several examples of the many ways in which the Borough is saving money.  Solicitor Cote’ also explained that the tax assessor is bound by state laws that prohibit him from making changes to other assessments that would be deemed arbitrary.

When no one else wished to speak, the Mayor closed the Public Portion.

Resolution 105-08   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 (Sixth Street Litigation)

The foregoing resolution was adopted on motion of Commissioner Rigby, seconded by Commissioner Burke and passed unanimously on roll call vote.

The Regular Meeting was recessed into Closed Session at 2:59 PM and reconvened at 3:26 PM on motion of Commissioner Rigby, seconded by Commissioner Burke.

When no one else wished to speak the meeting was adjourned at 3:27 PM on motion of Commissioner Burke, seconded by Commissioner Rigby.

Respectfully submitted,

Elaine L. Wallace, RMC