MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
October 10, 2007
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, Borough Solicitor Jennifer Russo-Belles, and Borough Engineer Ray Roberts.
PRESENTATION BY RHODESIDE & HARWELL: Elliot Rhodeside and Brad Garner joined the Board of Commissioners. Mr. Rhodeside gave an overview of the firm’s draft final report on the core business district centered on the corner of Sunset and Broadway and the process used to create it. He gave an analysis of the existing attributes of the borough, and then he went over suggestions to improve the core business area, which included improvements to the intersections of Sunset/Broadway and Park/Myrtle/Sunset/West Perry and Wilbraham Park. There were several levels of improvements from less expensive aesthetic items such as brick sidewalks and plantings to major improvements like redeveloping two key buildings on the corners of Broadway and Sunset. After the presentation, Mr. Rhodeside entertained questions from the public. Mayor Kaithern thanked both gentlemen for their presentation and the great job they did on the project.
WORK SESSION
OLD BUSINESS
Liquor Licenses: Mayor Kaithern announced that the town meeting has been rescheduled for October 22nd at 7 PM in Borough Hall.
Court Consolidation: The initial meeting with Jersey Professional Management was held last week. They will be soliciting input from everyone involved from each municipality. Resolution 160-07 was added to the Consent Agenda to authorize the Borough to enter the SHARE grant agreement with the State for this project. The report is expected by the end of the year.
Solar Panels: Bid opening will be held October 17th at 10 AM.
Park Boulevard Bike Lanes: Ray Roberts will meet with Dick Rigby on Friday morning to go over the schematics.
Stewart Trust: The Trust in interested in purchasing a 12 acre parcel along the Cape Island Creek to be dedicated to the public for parks, wildlife preserve, etc. Solicitor Russo-Belles explained the Stewart Trust would negotiate with the owners and turn the property over to the Borough. Before they will enter negotiations, the Trust requires the Borough to agree to accept the property under the stated restrictions and to pay for a survey. Resolution 161-07 was added to the Consent Agenda to agree to this requirement.
NEW BUSINESS
Administrative Fee for Zoning Review: Mayor Kaithern explained zoning reviews take administrative time for the zoning officer and sometimes, if no permit is required, there is no reimbursement for that. The Zoning Officer has suggested, and the Mayor would like, the commissioners to consider instituting a $20 fee for zoning review when no permit is required. This would not be added to the cost of a regular permit when one is issued.
NJLM Meeting/Commissioner Meeting November 14, 2007: The Commissioners agreed to cancel the November 14th meeting because of a conflict with the League of Municipalities Conference. If pressing business arises, a special meeting could be held.
REVIEW OF REGULAR MEETING: Mayor Kaithern reviewed the Consent Agenda, as amended, and Non-Consent agenda items.
The Work Session portion of the meeting was adjourned at 8:20 PM.
The Regular Meeting convened at 8:20 PM.
CONSENT AGENDA: On motion of Commissioner Burke, seconded by Commissioner Rigby, the following Consent Agenda was unanimously approved on roll call vote.
Minutes: September 26, 2007 Work Session and Regular Meeting, as amended
Ordinances: First Reading and Introduction; Scheduled for Second Reading and Public Hearing on November 28, 2007 at 1:00 PM
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 (R-3–Rural Residential); Section 27-12A.1 (R4–Rural Residential); Section 27-12B (R-5 - Rural Residential); Section 27-13.1 (C-1–Main Business/Mixed Use); Section 27-14.1 (C-2–General Business/Mixed use); Section 27-15.1 (C-3 Hotel/Tourist Business) to Provide for Affordable Housing Needs
Resolutions:
155-07 Authorizing Refund of the West Cape May PTA for Wilbraham Park $250.00 Deposit for Clean Up
156-07 Resolution Regarding Trick-or-Treat Night
157-07 Authorizing Award of Contract for Partial Reconstruction of Sixth Avenue (Titled Amended to add “Partial”)
158-07 Authorization to Accept the Audit Report for 2006
159-07 Bill Payment
160-07 Authorization to Accept a SHARE Grant for Court Consolidation Feasibility Study
161-07 Accepting as a Gift from the Stewart Trust a Certain Parcel of Land and Premises Situated in the Borough of West Cape May, County of Cape May and State of New Jersey
NON-CONSENT AGENDA:
Ordinances for Second Reading and Public Hearing:
396-07 Amending and Supplementing Chapter 27 Zoning of the Revised General Ordinances of the Borough of West Cape May
Commissioner Rigby made a motion, seconded by Commissioner Burke, to open the public hearing on the above ordinance.
Bud McDonough, 135 Third Avenue, representing the Taxpayers Association, asked the Commissioner to consider tabling this ordinance so his organization could present an alternative proposal on the FAR. Mayor Kaithern stated the issue has been under review for the last six months and open to the public for comment, during which time no one has approached the Commission or Planning Board for input or discussion. She asserted that the Commission would love to hear what the proposal would be, but the ordinance addresses far more issues than just FAR. Mr. McDonough deferred to the chair of the Taxpayers’ FAR subcommittee.
Michael Bean, 400 Fow Avenue, stated he was not prepared to give a statement before taking the proposal before his own Association at its next meeting. Again, Mayor Kaithern invited the group to come talk to her or other members of the Board, stating open communications are essential. Mayor Kaithern explained that the ordinance, among other things, loosens the FAR restrictions, which ultimately is what the group wants and if the ordinance were tabled they could not be put into effect. Mr. Bean agreed with that assessment and Mr. McDonough withdrew his request to table the ordinance, with the understanding that further revisions could be made in the future.
Commissioner Rigby suggested the Taxpayers’ or their subcommittee meet with members of the task force appointed by the previous Planning Board whose research is the basis for FAR.
Alexander Johnson, 306 Fourth Avenue, asked for clarification on the FAR changes. Mayor Kaithern read the changes and the exemptions being considered.
Jim Roney, 309 First Avenue, commended the Board on reworking the ordinance and thanked them for their hard work.
When no one else from the public wished to speak, Commissioner Burke made a motion to close the public hearing and adopt Ordinance 396-07. Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.
397-07 Amending and Supplementing Chapter 16 Right to Farm of the Revised General Ordinances of the Borough of West Cape May
Commissioner Rigby made a motion, seconded by Commissioner Burke, to open the public hearing on the above ordinance.
Ken Lamb, 129 Stimpson Lane, asked if pigs would be included in this ordinance. Mayor Kaithern explained all types of farming are included, but the minimum lot size would be increased to 5 acres to be consistent with State and County regulations.
When no one else from the public wished to speak, Commissioner Rigby made a motion to close the public hearing and adopt Ordinance 397-07. Commissioner Burke seconded the motion which was carried unanimously on roll call vote.
Report on Bond Anticipation Note Sale: Borough Clerk Elaine Wallace read the report of the sale held on October 3, 2007. Note 2007-1 in the total principal amount of $2,100,000 was sold to Janney Montgomery Scott LLC of Blue Bell Pennsylvania at the price of $2,105,706. Interest rate per annum is 4.00% payable at maturity on October 3, 2008.
PUBLIC PORTION:
Michael Bean, 400 Fow Avenue, after having gotten a copy of Resolution 151-07 from the Borough Clerk’s office, asked for clarification on a provision of the resolution. Mayor Kaithern explained the matter to the best of her understanding and suggested Mr. Bean speak to the CFO if he had more specific questions. Mr. Bean also was concerned that the amount was not announced when the resolution was approved. Mayor Kaithern explained that if the amount wasn’t in the title, then she wouldn’t have read it, but in the future she will make an effort to remember to add it.
Bud McDonough, 135 Third Avenue, asked if accessory apartment under proposed Ordinance 404-07 would just be for residents of West Cape May. Mayor Kaithern explained that COAH has regional areas and requires affordable housing be available to anyone in the region without preference being given to local residents. The Borough has no control over such COAH regulations. Mrs. Kaithern suggested that the ability to have an accessory apartment and generate some revenue could help people who may be struggling financially to remain in West Cape May. Lastly, Mr. McDonough expressed his opinion on the Rhodeside and Harwell presentation saying it was excellent and the suggestions would enhance the look of West Cape May.
Ken Lamb, 129 Stimpson Lane, asked if the entire length of 6th Avenue will be repaved under the project. He was informed that the project is being done in phases. The first phase is just paving work starting at the Bayshore Road end of the street and going 900 feet.
When there were no other comments from public, the mayor closed the public portion.
COMMISSIONERS REPORTS:
Commissioner Burke announced that the Lima Bean festival made approximately $3,500, the money going to the Shade Tree Commission. He also announced that the County will be holding flu clinics on October 28th and November 18th. Lastly, the Environmental Commission is going into phase 2 of its garden work for the Backyard Park.
Commissioner Rigby advised that in addition to dealing with the Stewart Trust, he is hoping to work with Evergreen Environmental LLC to acquire the entire 25 acres along Cape Island Creek that are in West Cape May. He explained that Evergreen Environmental is in the business of acquiring and mitigating wetlands for developers. If the entire track along the creek could be purchased and preserved without using any Borough money, it would be a real windfall.
Mayor Kaithern announced that the percent of taxes collected through October 1, 2007 is 70.57% compared to 70.63% for the same period in 2006. Next, she announced that the State of New Jersey is asking for volunteer services at Ancora to help with personal items such as toothpaste, soap, etc. Lastly, she met with the City of Cape May about the remote water meters being funded by the USDA.
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 9:24 PM.
Respectfully submitted,
Elaine L. Wallace, RMC
Borough Clerk
