REGULAR MEETING
OF CITY COUNCIL OF THE CITY OF CAPE MAY, NJ
Tuesday, October 19, 2010 – 7:00 P.M.
The regular meeting of City Council of the City of Cape May was called to order by Mayor Mahaney 7:00pm Tuesday, October 19, 2010, in the Cape May City Hall Auditorium. The Clerk called the roll and the Pledge of Allegiance was recited.
Present:Councilmember Deanna Fiocca
Mayor Edward J. Mahaney, Jr.
Councilmember William H. Murray
Councilmember Terri L. Swain
Deputy Mayor Jack Wichterman
City Attorney Anthony Monzo
City Manager Bruce MacLeod
City Clerk Diane Weldon
Deputy Clerk Louise Cummiskey
Mayor Mahaney announced that under the Open Public Meetings Law, notice of this meeting was sent to the Cape May Star and Wave and The Press and a copy of the agenda was delivered to each Member of Council and was posted on the City Hall Bulletin Board.
Mayor Mahaney announced that this is the first meeting of the City of Cape May that will be videotaped.
Minutes do not reflect the actual order in which the events occurred.
AGENDA ADDITION/DELETION OF LATE AGENDA ITEMS TO BE CONSIDERED FOR ACTION:
222-10-2010Resolution providing for the adoption of the state model citizen participation plan for DCA Small Cities Program
223-10-2010Resolution identifying small cities fair housing officer
224-10-2010Resolution authorizing the application by the City of Cape May for the FY2011 grant from the New Jersey Department of Community Affairs for an amount not to exceed $500,000
Motion: Wichterman
Second: Murray
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
ORDINANCE FOR INTRODUCTION:
217-2010Ordinance of the City of Cape May approving amended and restated lease agreement between the City of Cape May and Cape May Tennis Club Inc.
Motion: Swain
Second: Wichterman
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
Mayor Mahaney advises that the proposed Ordinance has no effective date and suggests that we choose January 1, 2011 with the consensus of council. Council agrees.
218-2010Ordinance amending section 145-8 (C) and section 158-9 (A)(4) of the Cape May City Code (dogs on the promenade)
Deputy Mayor Wichterman asks to make a change to Ordinance 218 before introduction. He would like to change Section 158-9(A.)(4)(c) to read, “The owner or caretaker shall carry a dog waste disposal device. Any owner or caretaker of a dog who permits such dog to leave animal waste on the beach, boardwalk, promenade and environs without disposing of same shall be subject to the penalties as set forth in Section 158-15.”
Motion: Wichterman
Second: Murray
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
219-2010Ordinance amending section 7-13 of the Cape May City Administrative Code (parking on Lafayette Street)
Motion: Wichterman
Second: Swain
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
ORDINANCE FOR SECOND READING AND CONSIDERATION FOR ADOPTION:
211-2010Ordinance of the City of Cape May amending Chapter 7, section 7-37.5 of the Cape May City Code entitled “Reserved Handicapped parking on Street”
Motion: Wichterman
Second: Fiocca
Councilmember Swain asks whether the recipients of these signs know they are non transferable? Mr. MacLeod and City Clerk respond yes.
Mayor Mahaney opens the meeting for a public hearing. Hearing no public comment, Mayor Mahaeny closes the public hearing and asks for a roll call vote.
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
213-2010Ordinance of the City of Cape May amending Chapter 7, Section 7-49.6 – entitled permits in lieu of coins or payment of regular fees in designated lots of the code of the City of Cape May
Mayor asks for motion to adopt Ordinance 213-2010.
Motion: Wichterman
Second: Fiocca
Mayor Mahaney opens the meeting for a public hearing. Hearing no public comment, Mayor Mahaney closes the public hearing and asks for a roll call vote.
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
216-2010 Ordinance of the City of Cape May amending Chapter 510 of the Cape May City Code
Mayor asks for motion to adopt Ordinance 216-2010.
Motion: Wichterman
Second: Swain
Mayor Mahaney opens the meeting for a public hearing. Hearing no public comment, Mayor Mahaney closes the public hearing and asks for a roll call vote.
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
RESOLUTIONS: Council will accept questions from the public on resolutions:
218-10-2010Resolution of the City of Cape May approving third amended and restated agreement for professional services between Kimmel Bogrette Architect + Site, Inc. and the City of Cape May
219-10-2010Resolution designating October as ‘Breast Cancer Awareness Month’ in the City of Cape May
220-10-2010Resolution providing for the insertion of special items or revenue in the budget pursuant to Chapter 159, PL 1948
221-10-2010Payment of bills
222-10-2010Resolution providing for the adoption of the state model citizen participation plan for DCA Small Cities Program
223-10-2010Resolution identifying small cities fair housing officer
224-10-2010Resolution authorizing the application by the City of Cape May for the FY2011 grant from the New Jersey Department of Community Affairs for an amount not to exceed $500,000
Motion to approve Resolutions 218-10-2010 through 224-10-2010
Motion: Wichterman
Second: Swain
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
REPORTS RECEIVED BY THE CLERK:
Assessor Office Monthly Report dated October 7, 2010
Construction Permit Activity Report for September, 2010
Fire Department monthly report for September, 2010
Tourism Commission meeting minutes dated August 11, 2010
Floodplain Management Plan Annual Progress Report dated September 24, 2010
Environmental Commission meeting minutes dated September 14, 2010
Planning Board meeting minutes dated July 27, 2010 and August 10, 2010
Motion: Fiocca
Second: Mahaney
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
MINUTES:
Regular City Council meeting minutes dated September 21, 2010
Closed Executive Session City Council meeting minutes dated September 21, 2010
The Closed session meeting minutes were removed from the vote.
Motion: Wichterman
Second: Swain
Roll Call:
FioccaYes
MurrayYes
SwainYes
WichtermanYes
MahaneyYes
UNFINISHED BUSINESS:
NEW BUSINESS:
A)City Attorney – Mr. Monzo advises that he and City Manager MacLeod met with the owner of the Depot and they spoke of the plans for that property. He will get back to the City with some answers and the summary of the meeting will be presented to Mayor and council in the form of a memo.
B)City Manager – Mr. MacLeod advises that the Fall water flushing program has begun and the areas to be flushed are posted on the City’s website. Mr. MacLeod further advises that the City’s bond rating was increased from A+ to AA-. Finally, Mr. MacLeod confirms that the most recent monthly payment for the occupancy tax was received today, representing the month of August and comparing the last four months, collectively, there was an improvement over last year of $43,380.00 or 6 ¼%.
C)City Clerk – The City Clerk reminds everyone that there will be a special meeting this Thursday, October 21, 2010 at 7:00 P.M. and a special meeting on October 25, 2010 at 9:00 A.M. In November advises Ms. Weldon, the worksession meeting will be held on Wednesday November 3, 2010 at 1:00 because of Election Day on Tuesday, November 2, 2010 and our regular meeting will be held on Monday, November 15, 2010 at 7:00 P.M.
D)Councilmembers – Ms. Swain advises that the BID held a special meeting on Monday, October 18, 2010 to hear the resignation letter of Chairperson Joe Bogle and to fill that vacancy. The election for the two current vacancies will be held on November 1, 2010 and that is also the date of the reorganization meeting.
Councilmember Murray passes out information regarding the formation of committees within council and asks council to review the information so that they may discuss the issue at the next meeting. Also, Mr. Murray asks that at a future council meeting, we recognize employees who have acted above and beyond the call of duty. Finally Mr. Murray would like Council to consider hiring an administrative assistant for the City Manager.
Mayor Mahaney comment that the reason Mr. MacLeod has not hired an assistant is because of the budget cap. The Mayor advises that the Halloween Parade is being held this Sunday at 3:00 P.M. The BID will have their annual Trick or Treat this Sunday between 1:00 and 3:00 P.M. and Cape May City Trick or Treat night is scheduled for October 31, 2010 between 5:00 to 7:00 P.M. The Mayor thanks the County Health Department for their drive thru flu clinic and finally, advises that election day is Tuesday, November 2, 2010 and there is a question on the ballot for the Cape May City residents about moving elections from May to November.
PUBLIC PORTION: Those wishing to publicly comment shall come forward, give their name and address and speak into the microphone. Each speaker will be limited to five (5) minutes.
Motion made by Deputy Mayor Wichterman, seconded by Councilmember Fiocca to close the public portion.
COUNCIL & CITY MANAGER COMMENTS
Motion made by Deputy Mayor Wichterman to adjourn. Meeting adjourned at approximately 7:40 P.M.
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Edward J. Mahaney, Jr., Mayor
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Jack Wichterman, Deputy Mayor
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Deanna Fiocca, Councilmember
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Terri L. Swain, Councilmember
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William H. Murray, Councilmember
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Diane L. Weldon, City Clerk
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OFFICIAL CITY COUNCIL MEETING MINUTES DATED OCTOBER 19, 2010