Borough of West Cape May

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 12:00 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 Jennifer Russo-Belles, and Borough Engineer Ray Roberts.

WORK SESSION
OLD BUSINESS
Engineer’s Report: Ray Roberts reviewed the monthly report for October 2007.

Liquor Licenses: Mayor Kaithern announced that due to an error in the filing, the referendum would not be on the November ballot. The Borough still held the town meeting on Monday, which about 25 people attended. Commissioner Burke suggested that a strong effort be made to get voters to turn out whenever the election is going to be held. The Clerk is looking into possible dates for a special election, but at this time a date has not been set.

Court Consolidation: Nothing new to report

Solar Panels: Commissioner Rigby and Engineer Roberts reviewed the bid received. Mr. Rigby will sit down with the bidder to discuss some issues. Because the total bid price exceeds the grant, but will come in under the grant amount once a rebate is received from the State, he must also speak with the CFO to discuss these technical financial details.

Park Boulevard Bike Lanes: Topic covered during the Engineer’s Report.

Administrative Fee for Zoning Review: The Board discussed the fee and decided $35 would be a fair number. The Clerk will write an ordinance to be introduced at the next meeting.

NEW BUSINESS
Rail Service Connecting Cape May County with Richland, NJ: Commissioner Rigby explained the New Jersey Association of Railroad Passengers is seeking support for opening the rail line between Cape May and Richland. The Board added a resolution of support for the Consent Agenda for this worthy endeavor. Ray Roberts suggested adding language to encourage incorporation of bike paths to the plan.

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 1:38 PM.

The Regular Meeting convened at 1:44 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 10, 2007 Work Session and Regular Meeting

Ordinances: None

Resolutions:
162-07       Release of Performance Bond and Refund of Unexpended Escrow Fees – Paul Burgin and Stevens Street LLC
163-07       Correcting Amendment to the Agreement for Engineering Services for Phase 2 2005 Sanitary Sewer and Watermain Improvement Program
164-07       Bill Payment
165-07       Insertion of Special Item of Revenue Pursuant to NJSA 40A:4-87, Chapter 159 (SHARE Grant $15,000)
166-07       Supporting a Proposal to Introduce Rail Service Connecting Cape May with Richland, NJ

NON-CONSENT AGENDA:
Ordinances for Second Reading and Public Hearing
399-07 Amending and Supplementing Chapter 7 Traffic, of the Revised General Ordinances of the Borough of West Cape May

Commissioner Burke made a motion, seconded by Commissioner Rigby and carried unanimously on roll call, 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 the foregoing Ordinance. Commissioner Burke seconded the motion which was carried unanimously on roll call vote.

400-07 An Ordinance Establishing a Source Separation and Recycling Policy for the Borough of West Cape May for Designated Recyclables

Commissioner Rigby made a motion, seconded by Commissioner Burke and carried unanimously on roll call vote, to open the public hearing on the above ordinance.

Jim Roney, 309 First Avenue, asked for an explanation of the ordinance, which was given by Mayor Kaithern.

When no one else from the public wished to speak, Commissioner Burke made a motion to close the public hearing and adopt the foregoing Ordinance. Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

403-07 Repealing Chapter XII, Fire Protection and Prevention, of the Revised General Ordinances of the Borough of West Cape May

Commissioner Rigby made a motion, seconded by Commissioner Burke and carried unanimously on roll call vote, to open the public hearing on the above ordinance.

Mike Bean, 400 Fow Avenue, asked for clarification that the ordinance just pertains to fire inspections, which is does.

COMMISSIONERS REPORTS:
Commissioner Burke reminded everyone the Cape May County Health Department is holding two drive-thru flu clinics on October 28th and November 18th at Kindle Ford. He also reminded the public about the Annual Veterans Day Ceremony at the Columbia Avenue memorial in Cape May.

Commissioner Rigby drew everyone’s attention to some handouts provided by Gina DelVecchia, the bicycle consultant from the State who completed her study and presented it on October 11th. Mr. Rigby also announced that following the October 10th presentation by Rhodeside and Harwell, the owner of the property on the southwest corner of Broadway and Sunset is very interested in moving forward with renovations in the manner suggested by the design firm. Mr. Rigby expressed his excitement at the possibility of receiving grants and cooperation from the County to make the vision work.

Mayor Kaithern met with the County Engineer about the possible roundabout at the end of Wilbraham Park and the improvements at Sunset and Broadway. The County was very willing to work with the Borough to move forward with the plans. Mrs. Kaithern also announced that meeting minutes will be added to the Borough website for public viewing once approved by the Board of Commissioners. She announced that the Borough will be getting $783.02 in PILOT money from the NJDEP. She reviewed some of the items from the bill list. Lastly, she announced that the tax collection rate as of October 22nd is 73.82% compared to 73.86% last year. November 1st is the next due date and the percentage is expected to go up to the upper 90% by the end of the year. In connection with that, the tax title lien sale will be held December 6th.

PUBLIC PORTION:
Bud McDonough, 135 Third Avenue, lauded the excellent presentation and design by Rhodeside and Harwell. He also suggested the Borough consider having more concrete details when they finally present the liquor license question to the public. He felt people would be happier knowing details before making a decision on the matter.

Mike Bean, 400 Fow Avenue, expressed dissatisfaction with the affordable housing development fee that was recently passed by ordinance. Mayor Kaithern explained that COAH regulations require certain administrative duties be performed and fees are the way of funding that work. Mr. Bean stated more that 230 other municipalities have not met COAH requirements and he didn’t see why West Cape May is working to meet them. Mayor Kaithern explained that regardless of what other towns do, the Borough is trying in good faith to comply with the law. Other towns are just fortunate not to have been sued in a builders remedy lawsuit. Mr. Bean asked if the Sixth Street Partners were offering to meet the Borough’s affordable housing requirements as part of their proposed development. Mayor Kaithern explained that due to ongoing COAH litigation, the Governing Body has been advised by Counsel that they can not discuss that matter publicly. The Mayor went on to explain that smart growth and solid planning will protect the community as a whole. She also expressed the Commission’s willingness to listen to input on zoning regulations.

Bud McDonough, 135 Third Avenue, asked if there was a way to differentiate between property owners and developers. He was informed that couldn’t be done. Mayor Kaithern suggested he make some of his suggestion to Stone Harbor Mayor Walters who was just named to the COAH board. Mr. McDonough will get her address and send her something.

Mike Bean, 400 Fow Avenue, asked for clarification on the number of accessory apartments that would be allowed under Fair Share Plan. Mayor Kaithern informed him the number proposed is 10.

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 2:32 PM.

Respectfully submitted,

Elaine L. Wallace, RMC
Borough Clerk

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