MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
November 28, 2007
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 (arrived at 1:11) answered roll call. Also in attendance: Borough Clerk Elaine Wallace, Deputy Clerk Kate Kilian, Borough Solicitor Jennifer Russo-Belles, and Borough Engineer Ray Roberts.
WORK SESSION
OLD BUSINESS
Engineer’s Report: Ray Roberts reviewed the monthly report for November.
Disposition of Property, Block 63, Lot 2, Second Avenue: Patricia Burton and Joseph Lomax joined the Board to request the vacation or all or part of Third Avenue and/or Goldbeaten Alley adjacent to Mrs. Burton’s property. The parcel contains a large percentage of exceptional wetlands and buffer areas. Mrs. Burton would like to build one house at either end of the property, but would need DEP approval to build in the buffer area. In an attempt to make the application more attractive to the DEP, she is requesting vacation of the adjacent streets to allow the structures to be placed as far from the wetlands as possible. She is also considering having the central wetlands portion of the property conserved. Mrs. Burton will apply to the DEP for both houses to be built, but will settle for either one. Mayor Kaithern explained that the Borough would be more receptive to the proposal if something was done to keep the wetlands preserved in perpetuity. She also felt more inclined to support the building on the Morrison Avenue end of the property since there are already other residences at that end. After some discussion, the Borough will consider vacating the streets after doing some more research and talking to the other property owners that would be effected. Mr. Lomax will mail 5 sets of plans to the Borough Clerk.
Liquor Licenses: The Borough Clerk presented the estimated cost of having a special election for the liquor license referendum. The total estimate was roughly $9,000 to $10,000. The Board of Commissioners felt that would not be a prudent expenditure when the question could be placed on the November ballot with no cost to the Borough. Mr. Rigby will work with Terry from the clerk’s office on gathering information to provide more specific information to the public.
Court Consolidation: Jersey Professional Management will have the report finished by year end.
Solar Panels: The Board of Commissioners will consider introducing a bond ordinance during the regular portion. Once the bond ordinance is effective, the Borough can award the contract to Energy Enterprises. That firm that will try to apply to the State for a rebate now, instead of waiting until the bond ordinance is effective.
Park Boulevard Bike Lanes: This was covered during the engineer’s report.
NEW BUSINESS
National Park Assistance: Commissioner Rigby announced that the National Parks Service has signed up for a second year to help the Borough plan for use of land it is trying to acquire along Cape Island Creek. Commissioner Burke asked how the acquisition was progressing. The Borough Solicitor will follow up with the Stewart Trust.
Office of Smart Growth on Revitalization of Sunset and Broadway: Mayor Kaithern suggested the Borough move forward with revising the commercial zoning regulations in light of the revitalization of the Sunset/Broadway intersection as proposed by Rhodeside and Harwell. The property owners on those corners have expressed interest in moving forward with the suggestions, but that can’t be done until the zoning is changed. Solicitor Russo-Belles will begin gathering samples from other towns and Commissioner Rigby will ask the Office of Smart Growth for samples.
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 2:50 PM.
The Regular Meeting convened at 2:54 PM.
CONSENT AGENDA: On motion of Commissioner Rigby, seconded by Commissioner Burke, the following Consent Agenda was unanimously approved on roll call vote.
Minutes: October 24, 2007 Work Session and Regular Meeting
Ordinances: First Reading and Introduction; Second Reading and Public Hearing Scheduled for December 19, 2007 at 12:00 PM.
- Amending and Supplementing Chapter 27 Zoning of the Revised General Ordinances of the Borough of West Cape May
- A Bond Ordinance Appropriating $36,000 and Authorizing the Issuance of $34,200 in Bonds and Notes of the Borough of West Cape May for thee Various Improvements or Purposes Authorized to be Undertaken by the Borough of West Cape May, New Jersey
Supplemental Debt Statement - .18%
407-07 Establishing the West Cape May Volunteer Fire Company as the Official Fire Company of the Borough of West Cape May
Resolutions:
167-07 Authorization for Sale of Borough Property at Public Auction on December 8, 2007
168-07 Opposing S-2449 Proposing to Extend Temporary Disability Insurance
169-07 Urge Legislature to Preserve Regional Contribution Agreements
170-07 Authorizing Appropriation Transfers during the Last Two (2) Months of the Fiscal Year
171-07 Insertion of a Special Item of Revenue Pursuant to NJSA 40A:4-87, Chapter 159 ($1,500 Court Consolidation Matching Funds)
172-07 Authorizing the Mayor to Execute and Sign Change Order No. 2 – Final for USDA Sanitary Sewer Improvement Program – Phase II
173-07 Authorizing Amendment to Agreement for Engineering Services for Phase II 2005 Sanitary Sewer and Watermain Improvement Program
174-07 Authorizing Notice to Bidders for Park Boulevard Bike Lanes
175-07 Authorizing the Mayor to Execute and Sign Certificate No. 5 Semi-Final for USDA Phase II – 2005 Sanitary Sewer and Watermain Improvement Program ($413,297.75)
176-07 Refund of Duplicate Payment of Real Estate Taxes Paid for Block 67, Lot 3.02
177-07 Payment of Bills
178-07 Supporting Shared Services with County of Cape May in Connection with 2008 PARIS Grant Program
- Authorizing the Mayor to Execute and Sign Change Order No. 1 – Sixth Avenue Reconstruction to Provide TV Inspection of Storm Sewer Lines ($5,175)
NON-CONSENT AGENDA:
Ordinances for Second Reading and Public Hearing
404-07 Amending West Cape May Code Chapter 27, Section 27-10.1(R-1 – Urban Residential District); Section 27-11.1 (R2 – Rural Residential/Agriculture); Section 27-12.1 (R3 – Rural Residential); Section 27-12A.1 (R4 – Rural Residential); Section 27-12B.1 (R5 – Rural Residential); Section 27-13.1 (C1 – Main Business/Mixed Use); Section 27-15.1 (C3 – Hotel/Tourist Business) to Provide for Affordable Housing Needs
Commissioner Burke made a motion, seconded by Commissioner Rigby and carried unanimously on roll call vote, 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 the Ordinance. Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.
COMMISSIONERS REPORTS:
Commissioner Burke gave the Mayor kudos for working on the ordinance to make the Volunteer Fire Company the official fire company for the Borough in accordance with JIF regulations. He announced the Greater Cape May Historical Society’s annual party will be held Tuesday, December 4th at 6 PM. Mr. Burke commended Deputy Clerk Kate Kilian for the work she does as the JIF Safety Coordinator in making sure all the requirements are met and reports are filed throughout the year. Lastly, he announced that the Cape May County Health Department has scheduled three more flu shot clinics on November 20th and December 7th and 14th from 1 PM to 3 PM
Commissioner Rigby read an excerpt from the November 26th New York Times about the City of Chicago embarking on a project to pave alleys with permeable concrete or porous asphalt. He asserted that the Borough was on the cutting edge when it paved McCollough Alley with the same material earlier this year. Mr. Rigby reported on a seminar he attended at the League of Municipalities on how to limit tear downs and McMansions. Lastly, he reported on a meeting he attended on alternate energy which discussed wind power as the most efficient source of energy. He will do further research and have the Public Works Manager look into whether the borough is in a wind zone. Rutgers will also come and monitor the wind for a year at no charge if requested.
Mayor Kaithern announced that the tax collection rate is up from the last report, at 93.72%, but it is still slightly below last year at this time. The tax title lien sale is scheduled for December 6th. Again, she stressed the importance of having everyone pay their taxes timely because everyone’s taxes are increased when the reserve for uncollected taxes has to be increased. Mrs. Kaithern then announced that Secure the Call Foundation is asking for people to donate their used cell phones so they can distribute them to people in need for emergency 911 use. The notice will be posted on the Borough Hall bulletin board, and copies will be available from the Clerk’s Office. She also announced that the Borough employees will be making a donation to Volunteers in Medicine in lieu of exchanging holiday gifts, and invited the public to participate. The Mayor announced that the Borough has been negotiating with a local bank to take over its banking and armored car service starting in January. Lastly, she invited everyone to attend the unveiling of the History Committee’s mural at the Historic Preservation Committee meeting on Thursday, December 29th at 7 PM.
PUBLIC PORTION:
Bud McDonough, 135 Third Avenue, asked what the Planning Board had decided to do with the sliding scale that the Taxpayers’ Association presented last night. Mayor Kaithern explained that the chairman said the board would take it into consideration, but no official action has been taken. Mr. McDonough also extended kudos to the Volunteer Fire Company stating he was amazed by how many people volunteer their time. Lastly, he invited the Mayor to speak before the Taxpayers’ Association about the Sixth Street Partners litigation. He explained that the members were disappointed to see a newspaper receive a copy of the brief in the case when the Commissioners are unwilling to talk about the topic. Mayor Kaithern explained that she was unaware that the brief was a public document, but was happy to hear the Taxpayers’ Association emailed it to all of its members. Solicitor Russo-Belles explained that the brief became a public document once it was filed with the court, but the Commissioners are not permitted to discuss any matters in litigation until they are resolved. Because of this, Mayor Kaithern said has a lot of information for the Taxpayers but, in order to protect the Borough, she would be unable to discuss Sixth Street Partners litigation.
Mike Bean, 400 Fow Avenue, asked if the Borough could send some sort of reminder when tax bills are due. He has a neighbor who had to pay late interest because he forgot when the bill was due. Bud McDonough suggested posting a notice on the Borough’s website. Mayor Kaithern suggested his neighbor contact the Office on Aging in Rio Grande if he needs more assistance. Kate Kilian also reminded him that Cape Human Resources is available in Borough Hall on Monday, Tuesday, and Wednesday each week from 10 am to 12 pm.
When no one else wished to speak the meeting was adjourned at 3:40 PM on motion of Commissioner Rigby, seconded by Commissioner Burke.
Respectfully submitted,
Elaine L. Wallace, RMC
Borough Clerk |
