MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
September 10, 2008

The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:23 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 Christine Cote’, and Borough Engineer Ray Roberts.

PUBLIC COMMENT ON AGENDA ITEMS ONLY

WORK SESSION
ENGINEER’S REPORT: Ray Roberts advised the Board that he has met with the USDA to review the water meter reading system paperwork.  The project is progressing.

OLD BUSINESS
Liquor Licenses:  Mayor Kaithern announced that the town meeting will be held on October 14th at 7 PM in Borough Hall and everyone is encouraged to attend.

Alternative Energy - Wind Turbines:  Commissioner Rigby showed a picture, from a New York Times article, of the type of windmill he would like to see at Borough Hall.  Mayor Kaithern asked everyone to review the draft ordinance and be ready to discuss at the next meeting.

Volunteer Fire Ordinance and Memo of Understanding:  Solicitor Cote’ and Commissioner Burke met with representatives of the Volunteer Fire Company.  The representatives of the Fire Company are expected to discuss the points raised among themselves and respond to Ms. Cote’, who will report to the Board of Commissioners.

Planning/Zoning Board FAR Recommendation:  Commissioner Rigby provided a revised draft of proposed LEED standards necessary to qualify for a FAR bonus.  Solicitors Cote’ and Corrado will meet to discuss Mr. Rigby’s proposal and determine what is permissible under Municipal Land Use Law.

Court Consolidation:  Mayor Kaithern advised that negotiations are ongoing and she will report when some consensus has been reached.

NJ Transit Bus Stop at Perry and Broadway:  Commissioner Rigby made a written request to Dale Foster at the County to keep buses off Myrtle and to make the official bus stop for NJ Transit on the corner of Perry and Broadway.  He is waiting for a response.

Crossing Guard:   Solicitor Cote’ advised the Board that there is no legal requirement for a municipality to provide crossing guards.  Because of this, no resolution is necessary to cease providing a crossing guard.  It will be handled as a personnel matter.  The Borough Clerk will send a letter to the school advising them of the decision.

NEW BUSINESS
West Cape May History Committee - Install Four Historic Markers Signs:  The Board discussed the History Committee’s request.  Marie Iaconangelo explained that the History Committee would like to place one sign on either side of the Broadway entrance to Wilbraham Park, one on the school’s property, and one at the Rea’s Farm.  Solicitor Cote’ explained that since the signs were purchased by the History Committee with money obtained through a grant from the County and are being donated to the Borough, then the Borough is responsible for placing all of them.  The Borough Clerk will prepare a resolution for the next meeting.

REVIEW OF REGULAR MEETING:  Mayor Kaithern reviewed the Consent Agenda and Non-Consent agenda items.  Resolution 123-08 was removed from consideration and Resolution 122-08 was moved to the non-consent agenda.

The Work Session portion of the meeting was adjourned at 7:53 PM and the Regular Meeting convened at 7:57 PM.

CONSENT AGENDA:  On motion of Commissioner Rigby, seconded by Commissioner Burke, the following Consent Agenda was unanimously approved on roll call vote.

Minutes:  August 27, 2008 Work Session and Regular Meeting

Ordinances for Introduction and Publication: Scheduled for Second Reading and Public Hearing October 8, 2008 at 7:00 PM

415-08 Establishing a Property Maintenance Code

Resolutions:
121-08      Endorsing the Amended Housing Element and Fair Share Plan and Authorizing the Filing of Said Plan with the New Jersey Council on Affordable Housing and Petitioning the New Jersey Council on Affordable Housing for Substantive Certification
124-08      Bill Payment
125-08      Supporting State Senator Van Drew, State Assemblyman Albano and State Assemblyman Milam in their Efforts to Draft Legislation to Prevent Deed-Restricted Preserved Farms and Open Space from Any County Tax Board Attempt to Raise Money through Farmland Tax Reassessments

Proclamation: Designating September as National Alcohol and Drug Addiction Recovery Month

Commissioner Burke read Resolution 125-08 in full into the record.  On motion of Commissioner Rigby, seconded by Commissioner Burke, and carried unanimously on roll call vote, the Resolution was amended to add a copy to Governor Corzine.

NON-CONSENT AGENDA:
Resolution 122-08 Authorizing Hardship Condition Road Opening Permit to Owner of Block 4, Lot 7.02 - Park Boulevard

Commissioner Burke made a motion, seconded by Commissioner Rigby to adopt the resolution.  Mayor Kaithern explained that the property owner had been given ample notice to have his facilities in place before the street was repaved.  He was already granted one hardship road opening to install his water and sewer service.  The resolution was defeated on roll call vote: Rigby and Kaithern voting in the negative and Burke voting in the affirmative

ORDINANCES FOR SECOND READING AND PUBLIC HEARING:

415-08      Ordinance for the Borough of West Cape May Creating a Permit Process for Special Events

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

Marie Iaconangelo, 310 South Broadway, asked for an explanation of the ordinance.  Mayor Kaithern explained the Joint Insurance Fund is requiring all municipalities to adopt this ordinance and reviewed some of the pertinent points.

When no one else from the public wished to speak, Commissioner Burke made a motion to close the public hearing and adopt Ordinance 415-08.  Commissioner Rigby seconded the motion which was carried unanimously on roll call vote.

COMMISSIONERS REPORTS:
Commissioner Burke reminded everyone of the September 11th memorial at 5pm at the County Administration Building.  He also announced that the Shade Tree Commission and Environmental Commission will be having a joint meeting on October 1st.

Commissioner Rigby announced that there will be a town meeting on September 18th to discuss commercial zoning and possible changes that have been discussed by the Planning Board.  Elizabeth Terenik, the consultant working on the language for the changes, will be present at the meeting.  The public in general and the West Cape May Business Association specifically are invited to attend and ask questions.

Mayor Kaithern has received a letter from South Jersey Gas stating that the State has given Planning Boards the ability to take green initiatives into consideration when hearing applications.  She also read a letter from an Oklahoma Mayor she met at the Farmers Market remarking on how much he enjoyed his vacation in this area and how nice the people were.

PUBLIC PORTION: 
Raymond Pellegrino, the owner of block 4, lot 7.02 and the applicant for the hardship road opening permit, explained his contractor was supposed to handle all the sewer and gas line installation work.  Mr. Pellegrino paid the contractor in full earlier in the year, only to find out later that the work was not completed.  He asserted that it would be a financial hardship for him to have to change his plans from having natural gas to having to use propane.  He also stated the opening to run the gas line would be much smaller than it was for the sewer line.  Mayor Kaithern had contacted the gas company which said not only the line, but some type of box would have to be installed, requiring a larger opening.  Mayor Kaithern offered to look into it further, but at this time, the request has been denied.  Commissioner Rigby expressed concern about setting a precedent, especially since one hardship permit was already issued to this individual.

Joseph Mento, brother-in-law to Mr. Pellegrino, asserted that CVS had a gas line installed across the street and it is outside the paved area.  He felt that it would be possible to have the gas line for lot 7.02 done in the same area without having to worry about the road opening moratorium.  Mayor Kaithern suggested that he get in writing from South Jersey Gas that it would be possible to do that along with a sketch of where the work would be done and then Borough would reconsider his request.  She also suggested he weigh the cost of hiring professionals to do the work against the cost of switching to propane.

When no one else wished to speak the meeting was adjourned at 8:34 PM on motion of Commissioner Rigby, seconded by Commissioner Burke.

Respectfully submitted,

Elaine L. Wallace, RMC