MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING

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, Deputy Clerk Kate Kilian, Borough Solicitor Frank Corrado, and Borough Engineer Ray Roberts.

PUBLIC COMMENT ON CONSENT AGENDA ITEMS ONLY
Michael Bean, 400 Fow Avenue, asked for clarification of the emergency appropriation resolution and whether the legal budget has been expended for the year.  Mayor Kaithern advised him that line item had not been expended, but the Borough was applying to the State to increase the amount in anticipation of potential need due to the expense of a full trial.  Solicitor Corrado further explained the process that the State requires for budgeting and expenditure of funds.  Mr. Bean also asked how to obtain copies of the legal bills in connection with the COAH litigation and he was advised that the process he has used in the past is still the proper one.

WORK SESSION
ENGINEER’S REPORT: Ray Roberts reviewed his monthly report.  He also explained the revisions made to the change order and payment certificate for Albrecht and Heun in connection with the Sixth Avenue project.

OLD BUSINESS
Liquor Licenses:  Mayor Kaithern announced the public meeting on the liquor license issue will be held October 14th at 7 PM in Borough Hall.

Alternative Energy – Wind Turbines:  Commissioner Rigby is still waiting for a response from DEP on possible restrictions in our area.  He also researched bladeless technology and found it could cost as much as $60,000 more than the normal turbine.  Lastly, he announced the solar panel savings to date are $2,050.

Volunteer Fire Ordinance and Memo of Understanding: The Borough is still waiting for a response from the VFC.

Planning/Zoning Board FAR Recommendation:  Frank Corrado and Christine Cote’ reviewed Mr. Rigby’s draft in connection with the Municipal Land Use Laws.  Ms. Cote’ will send the information.

NJ Transit Bus Stop at Perry and Broadway:  Commissioner Rigby is awaiting a response from the County.  Most NJ Transit buses have stopped using the corner of Myrtle and Broadway.

Use of Wilbraham Park for 2009 Season:  The Board was in favor of keeping the previous schedule without making changes.  The Greater Cape May Historical Society had agreed to move their event to the Backyard Park but had to cancel it because of lack of interest, so they have requested to return to Wilbraham Park for 2009.

NEW BUSINESS
Sale of Earned Energy Credits:  Commissioner Rigby received a proposal from Energy Enterprises to sell the excess energy generated from the solar panels as renewable energy credits.  Frank Corrado reviewed the proposal and clarified that the Borough would sell the credits to Energy Enterprises who would then resell them with a mark up to other entities.  Mr. Corrado suggested the Board add a resolution to the consent agenda to approve this proposal. 

REVIEW OF REGULAR MEETING:  Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items.  Resolution 135-08 was moved to the Non-Consent Agenda and Resolution 136-08 was added to award a contract to Energy Enterprises.

The Work Session portion of the meeting was adjourned at 1:53 PM.

The Regular Meeting convened at 1:58 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 10, 2008 Work Session and Regular Meeting

Resolutions:
126-08      Authorizing the Mayor to Execute and Sign Change Order No. 3 for the Sixth Avenue Reconstruction Project (-$12,238.38)
127-08      Authorizing the Mayor to Execute and Sign Certificate No. 2 for Reconstruction of Sixth Avenue ($108,937.07)
128-08      Appointment to West Cape May Volunteer Fire Company
129-08      Authorize Refund to the West Cape May History Committee - $250 Deposit for Clean Up Fee
130-08      Authorizing an Emergency Appropriation for Legal Expenses – COAH Litigation
131-08      Authorizing the History Committee of West Cape May to Install Signs on   Borough Property   
132-08      Resolution Determining the Form and Other Details of an Amount Not to Exceed $1,009,000 General Obligation Bond of the Borough of West Cape May, in the County of Cape May, New Jersey and Providing for the Sale of Such Bond to the United States Department of Agriculture, Rural Development
133-08      Resolution of the Borough of West Cape May, in the County of Cape May Making Application to the Local Finance Board Pursuant to NJSA 40A:2-26(e)
134-08      Bill Payment
136-08      Approving a Contract with Energy Enterprises, Inc. for Resale of Renewable Energy Credits

NON-CONSENT AGENDA:

ORDINANCES FOR SECOND READING AND PUBLIC HEARING:

416-08      Amending and Supplementing Chapter 3 Police Regulations, Section 3-3 Disorderly Conduct 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.  When no one from the public wished to speak, Commissioner Burke made a motion to close the public hearing and adopt Ordinance 416-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

417-08      An Ordinance Amending West Cape May Code Chapter 27, Section 27-10.1 (R1 – Urban Residential District); Section 27-11.1 (R2 – Rural Residential/Agriculture); Section 27-13.1 (R4 – Rural Residential); Section 27-14.1 (R5 – Rural Residential); Section 27-15.1 (C1 – Main Business/Mixed Use); section 27-16.1 (C2 – General Business/Mixed Use); Section 27-17.1 (C3 – Hotel/Tourist Business) to Provide for Affordable Housing Needs

Commissioner Rigby made a motion, seconded by Commissioner Burke, to open the public hearing on the above ordinance.

Mike Bean, 400 Fow Avenue, asked for clarification on the changes being made.  He also asked if the Borough was sending a letter to COAH asking for certification of its Fair Share Plan.  Mayor Kaithern explained that the Borough has to wait until the current builders remedy lawsuit is finalized before COAH will review its plans.  Lastly, Mr. Bean asked for the trial dates for the builder’s remedy lawsuit.  Solicitor Corrado gave the dates and times.

When no one else from the public wished to speak, Commissioner Burke made a motion to close the public hearing and adopt Ordinance 417-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

COMMISSIONERS REPORTS:

Commissioner Burke announced that the Borough’s Emergency Management Coordinator participated in the September 23rd hurricane preparedness conference held by the County.  He also advised the public that the County Health Department published a community resource directory that is available in Borough Hall or from the County directly.  Lastly, he invited interested parties to attend a cleanup of Wilbraham Park being help by the Shade Tree Commission on the morning of October 1st.  Mayor Kaithern thanked all the volunteers that participate in such activities that help to keep the Borough’s costs low.

Commissioner Rigby compared electric bills from September 2007 and September 2008.  The Borough saved $554 over last year’s bill in part as a result of the installation of the solar panels plus increased efficiencies.

Mayor Kaithern reviewed the larger items from the bill list including the local and regional school payments and the quarterly bulk water payment to Cape May City.  She also announced that the Borough is looking into a grant from the State Department of Health for hepatitis B vaccinations, in an effort to assist the Volunteer Fire Company with this expense that is funded by the Borough’s budget contribution.  Lastly, she advised that the State wrote a report about purchasing practices, especially in connection with fire engine bids.  She is reviewing the report for its possible impact on the Borough. 

PUBLIC PORTION:  No one from the public wished to speak.

Resolution 135-08 Scheduling of Closed Session (Sixth Street Partners Litigation)

The above referenced resolution was approved on motion of Commissioner Burke, seconded by Commissioner Rigby and carried unanimously on roll call vote.

The meeting was recessed into closed session at 2:18 PM.  On motion of Commissioner Burke, seconded by Commissioner Rigby, the regular meeting was resumed at 2:52 PM.  Commissioner Rigby, acting in the Mayor’s absence (she left during the closed session due to an emergency) advised the public that no action was taken during the closed session.

When no one else wished to speak the meeting was adjourned at 2:54 PM on motion of Commissioner Rigby, seconded by Commissioner Burke.

Respectfully submitted,

Elaine L. Wallace, RMC