MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
March 26, 2008
The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Borough Clerk Elaine L. Wallace at 1:00 PM. The Open Public Meetings Statement was read and the Clerk advised the public that due to an unexpected and unavoidable trip to Trenton for the Borough’s Plan Endorsement meeting, the Mayor could not be at Borough Hall for the scheduled start time and asked that the meeting be suspended until 2:00 PM. Commissioner Burke made a motion to suspend the meeting until 2:00, which was seconded by Commissioner Rigby and passed unanimously.
The meeting was reconvened at 2:02 PM. Mayor Kaithern thanked everyone for their patience in waiting for her arrival. The Mayor once again read the Sunshine Statement and 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, Borough Auditor Leon Costello, Deputy Clerk Kate Kilian, and Borough Engineer Arthur Chew.
BUDGET HEARING
Resolution 57-08 Open Public Hearing on 2008 Budget
On motion of Commissioner Burke, seconded by Commissioner Rigby, the above resolution was approved unanimously on roll call vote.
Leon Costello gave an overview of the budget which included a 3.6 cent tax increase. The Borough will not be able to take action on the budget until the State has taken action on the CAP waiver. Prior to adoption, the Borough must make at least one amendment to decrease the State Aid, which will increase the tax rate by a total of 4.4 cents.
The Mayor opened the budget hearing to the public.
Bud McDonough, 135 3rd Avenue, asked if the emergency appropriations were rolled over from 2007 into the 2008 budget. Mr. Costello explained that the money spent from the emergency appropriations in 2007 had to be raised through taxes in 2008 and, in fact, the tax increase was due mostly to the 2007 emergency appropriations for legal expenses in connection with the Sixth Street Partners litigation.
Joan Hodges, 5 Pond Creek, asked about the reserve for uncollected taxes. Mr. Costello explained that the all money that was due in 2007 would be recouped through collection or the tax lien sale process by December 2008. Mayor Kaithern explained that since the Borough has to budget a reserve for uncollected taxes every taxpayer bears the burden of those that don’t pay. Ms. Hodges also questioned the increase in the Fire Company budget from $12,000 to $20,000. Mayor Kaithern explained that she and the CFO met with representatives of the Volunteer Fire Company to determine what additional funds were needed because the budget request that came from the Fire Company was in excess of the increase budgeted. The CAP law would have limited them to a $2,000 increase, but the additional money was taken from other areas of the budget. Lastly, Ms. Hodges asked where the money for COAH was budgeted. Mayor Kaithern explained that the miscellaneous line item in her portion of the budget was increased to be able to pay the salary once the Borough receives certification and the position is created.
When no one else wished to speak, Commissioner Rigby made a motion to close the public hearing, which was seconded by Commissioner Burke and carried unanimously on roll call vote.
Leon Costello left the meeting 2:26 PM
WORK SESSION
ENGINEER’S REPORT: Arthur Chew reviewed the monthly report for March 2008. There was discussion on trees being removed for the Park Boulevard Bike Path which will require further discussion with the Shade Tree Commission.
OLD BUSINESS
Liquor Licenses: Nothing new at this time. Mayor Kaithern advised that some movement should be made to begin public hearings, especially in light of the recent budget constraints.
Court Consolidation: Nothing new at this time.
Alternative Energy: Nothing new at this time.
Cape Island Creek: The Frank Stewart Trust has decided not to purchase the property because of the disparity between the asking price and the appraised value. Commission Rigby will follow up with Evergreen Environmental Inc. and the seller to see if anything can be done to save the project.
Eagle Scout Project: Mayor Kaithern has asked for several updates from the Scout, but has not received any response.
NEW BUSINESS
Volunteer Fire Company Ordinance and Memo of Understanding: Solicitor Cote explained that after the discussions with the attorney for the Volunteer Fire Company, the Borough should withdraw Ordinance 407-07, introduce a more general ordinance, and enter into a memorandum of understanding with the Fire Company that would address many of the details contained in the original ordinance. She also recommended having a separate lease agreement with the Fire Company. Discussion ensued on what changes the Commissioners felt needed to be made and what other topics they’d like to see addressed, including the Fire Company’s participation in the “All Call’ system. Solicitor Cote will work on incorporating the changes and concerns and try to have a version to present to the Volunteer Fire Company in the next week. Once the memorandum of understanding is finalized by both sides, then the Borough can introduce the ordinance establishing the Volunteer Fire Company as the official fire company for the Borough.
West Cape May Policy Manual: Aside from some typographical errors, there were a few sections that needed modification or clarification and Mayor Kaithern will double check the JIF language. Commissioner Rigby suggested eliminating Lincoln’s birthday as a holiday. Mayor Kaithern suggested eliminating it and including a provision for a flexible holiday that could be determined at the organizational meeting each year. Commissioner Burke was against taking a vacation day away from the employees. The Mayor will send the corrections and additions to the Clerk’s Office for final revision.
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 3:42 PM.
The Regular Meeting convened at 3:50 PM.
CONSENT AGENDA: On motion of Commissioner Burke, seconded by Commissioner Rigby, the following Consent Agenda was unanimously approved on roll call vote.
MINUTES: March 12, 2008 Work Session and Regular Meeting AS AMENDED, and March 12, 2008 Closed Session
ORDINANCE FOR INTRODUCTION AND PUBLICATION: None
RESOLUTIONS:
58-08 Payment of Bills
NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING
407-07 Establishing the West Cape May Volunteer Fire Company as the Official Fire Company for the Borough of West Cape May
On motion of Commissioner Rigby, seconded by Commissioner Burke, the ordinance was withdrawn from consideration on unanimous roll call vote. The Commissioners are working with the Solicitor on a new ordinance and memorandum of agreement to be presented and discussed with the Volunteer Fire Company.
410-08 Calendar Year 2008 An Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a CAP Bank (NJSA 40A:4-25.14)
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 to close the public hearing and adopt Ordinance 410-08. Commissioner Burke seconded the motion which was carried unanimously on roll call vote.
COMMISSIONERS REPORTS
Commissioner Burke reminded everyone of the Blood Drive on April 3rd from 1 pm to 7 pm at Borough Hall. He also announced that the Greater Cape May Historical Society will not have their March meeting, but will have one on April 24th at 10 am at the West Cape May Fire Hall. The topic will be The History of Stained Glass on Cape Island. He also announced the Cape May County Earth Day Fair will be held on April 19th at the Cape May County Park and Zoo.
Commissioner Rigby advised the Board the elementary school was in favor of pursuing sidewalks as recommended in the Bicycle and Pedestrian Action Plan. Mr. Rigby spoke with the Borough Engineer before the meeting and got enough input to be able to complete the grant application on his own, saving the Borough a few thousand dollars in professional fees.
Mayor Kaithern announced the good news that the revenue committee will be having its first meeting on April 2nd to identify and discuss sustainable, new revenue sources. She also advised that as of March 1st the Borough had outstanding balances of roughly $294,000 in taxes and water sewer charges, which adds to the burden of the Borough as well as all taxpayers.
PUBLIC PORTION: No one from the public wished to speak.
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 4:00 PM.
Respectfully submitted,
Elaine L. Wallace, RMC
Borough Clerk
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