MINUTES OF BOARD OF COMMISSIONERS
WORK SESSION AND REGULAR MEETING
July 9, 2008
The Work Session of the Board of Commissioners of the Borough of West Cape May was called to order by Mayor Kaithern at 7:00 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 Christine Cote’, and Borough Engineer Ray Roberts.
WORK SESSION
ENGINEER’S REPORT: Ray Roberts advised the Board that the “as-builts” were received from Elk Pipeline, but some correction must be made before he will submit the final payment request. Construction is expected to begin next week on Sixth Avenue, pending the arrival of the pipe. The final punch list for Park Boulevard will be done Thursday, July 10th. That project cost was over the original price by approximately $1,883, down from roughly $6,000 that the contractor initially requested. In connection with the Park Boulevard project, a portion of the street was already opened by a contractor who received a permit before the road was refinished. Because of this, the Engineer requested the Board consider a resolution authorizing a hardship condition permit, which requires restoration of a greater portion of the road and provision of an additional $2,000 in escrow fees to cover inspection costs.
OLD BUSINESS
Liquor Licenses: Christine Cote’ advised the Borough that she was still looking into the authority of the Board to place the question on the ballot as a binding referendum. There is the possibility that the Board could do a non-binding referendum, as the provisions Ms. Cote’ found for binding referendum were only for a petition brought by the public. She will do further research into the matter.
Alternative Energy: The solar panels have been installed, but there was a problem with the electrical box to which they were going to be connected. The work should be done by the end of the week.
Volunteer Fire Ordinance and Memo of Understanding: Christine Cote’ reported the results of her discussion with the Volunteer Fire Company (VFC) and their attorney, Mr. Braslow. The VFC still has issue with the length of the agreement, the number of parking spots and the request for the audit. Mayor Kaithern suggested Ms. Cote’ meet with Commissioner Burke to understand the history of the situation prior to doing any more work with the VFC. The Board was also concerned that the VFC invited representatives of the Taxpayers Association to be present during the discussion with the two parties and their legal representatives, feeling it was highly irregular.
JIF Facility Use Application: The Solicitor will have a draft for the next meeting that incorporates the existing regulations of Chapter 9 Parks and Public Places, with the JIF requirements. Upon closer examination, she has determined that the JIF forms cannot be altered. She also wants to verify if the JIF will require the forms to be completed and the high level of insurance coverage to be provided by every organization including those such as the Boy Scouts and church groups.
WCM History Committee – Waiver of Application Fee Wilbraham Park: The History Committee has agreed to pay the fee in installments, rather than having the fee waived.
Broadway Pedestrian Crossing: Commissioner Rigby asked for input on crosswalk locations. He will write to the County Engineer asking for crosswalks at Fifth Avenue and Sixth Avenue. He will also ask for permission to place a pedestrian crossing sign in the street at the existing Fourth Avenue crosswalk.
NEW BUSINESS
Property Maintenance Code: The Board would like to establish a property maintenance code and will continue to look at samples from similar municipalities as well as from the County.
Planning/Zoning Board FAR Recommendation: The Planning/Zoning Board sent a recommendation that the Governing Body consider changing the FAR from .45 to .50 in the R1 zone. Commissioner Rigby suggested tying the increased FAR square footage to LEED (Leadership in Energy and Environmental Design) certification points. Mr. Rigby will work with the Zoning Official to determine a list of some of the easier and less costly LEED suggestions that people could use. Then, it could be handled in the same way as the front porch bonus – allowing the homeowner to add the additional .05 FAR if they attain a certain number of LEED points.
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 8:30 PM.
The Regular Meeting convened at 8:32 PM.
CONSENT AGENDA: On motion of Commissioner Burke, seconded by Commissioner Rigby, the following Consent Agenda was unanimously approved on roll call vote.
Minutes: June 25, 2008 Work Session and Regular Meeting and June 25, 2008 Closed Session
Ordinances for Introduction and Publication: None
Resolutions:
95-08 Supporting Assembly Bill A-1105 Authorizing On-Line Publication of Municipal Legal Notices
96-08 Authorizing the Mayor to Execute and Sign Certificate No. 2 - Park Boulevard Bike Lanes
97-08 Waiver of Tax Interest Paid – Block 57, Lot 5.13
99-08 Bill Payment
100-08 Authorizing Hardship Condition Road Opening Permit to Owners of Block 4, Lot 7.02 – Park Boulevard
NON-CONSENT AGENDA:
ORDINANCES FOR SECOND READING AND PUBLIC HEARING: None
COMMISSIONERS REPORTS:
Commissioner Burke reported on the success of the first two Farmers Markets. The Shade Tree Commission and Environmental Commission have a booth at the Market where they provide free information and also sell t-shirts and “chico” bags to be used in place of the plastic or paper bags at stores. He also announced that information on preventing food borne illnesses is available from the Cape May County Department of Health and Environmental Services. Coalition Against Rape and Abuse is holding a fund raiser on August 6th at the Sunset Bay restaurant in North Wildwood.
Commissioner Rigby announced that NJ Transit will be moving the bus stop at Myrtle and Broadway to the corner of Perry and Broadway.
Mayor Kaithern announced that in the effort to determine the feasibility of a HIF (Health Insurance Fund), Borough employees have given their medical information to be used to determine the possible costs and benefits of such a plan. If the HIF is established, they Borough could realize substantial savings on health insurance costs. Mrs. Kaithern also commented on the collaboration of the Environmental Commission and the Shade Tree Commission to purchase and plant 5 new trees in the Backyard Park. Lastly, she announced that a large portion of the bill list is a payment to American Asphalt for approximately $94,000 for the Park Boulevard project, the money for which is from a NJDOT grant.
PUBLIC PORTION:
Sonja Killeen, 316 North Broadway, read a letter to the Board expressing her hurt and anger over the letter she received in connection with Resolution 89-08, requiring her to repair her sidewalk. Her main objection was to the “threatening” language in the letter stating the result of non-compliance could be a lien on her property. Mayor Kaithern explained that she was not being singled out, but rather, once the Borough was made aware of the hazard, it was required to act in the interest of public safety. The Borough followed the necessary steps as outlined in its ordinance to protect itself and all the taxpayers of the Borough. Mrs. Kaithern apologized if she was offended, but it was not the Borough’s intention to be harsh or cruel. Commissioner Burke suggested finding a gentler way to word such letters in the future.
Bud McDonough, 135 Third Avenue, asked the Borough to, again, look into having the Borough Hall Alley street signs restored. He also asked if the Borough had any regulations or was considering regulations on wind energy technology. At this time the Borough does not have any ordinance governing windmills, etc. Ray Roberts suggested some research would have to be done and regulations considered by the Planning/Zoning Board. Mr. McDonough also asked the Borough to consider installing a drop box so people could leave tax and water/sewer payments at night and on weekends. Lastly, he expressed support of Mr. Rigby’s idea about tying an increased FAR allowance to compliance with LEED initiatives.
Resolution 98-08 Providing for Closed Session Not Open to the Public in Accordance with the Provisions of the New Jersey Open Public Meetings Act – NJSA 10:4-12
On motion of Commissioner Burke, seconded by Commissioner Rigby, the above resolution was carried on unanimous roll call vote.
The Regular Meeting was recessed into Closed Session at 9:34 PM and reconvened at 9:48 PM.
When no one else wished to speak the meeting was adjourned at 9:48 PM on motion of Commissioner Burke, seconded by Commissioner Rigby.
Respectfully submitted,
Elaine L. Wallace, RMC
Municipal Clerk
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