12-28-2020 Planning Board Work Session - Virtual

City of Cape May Planning Board Meeting Minutes Tuesday, December 28, 2020 Opening: The meeting of the City of Cape May Planning Board was called to order by Chairperson William Bezaire at 6:31 PM virtually via Zoom and streamed live on Facebook. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mr. Bezaire, Chairperson Present Mr. Jones, Vice Chairperson Present Mr. Elwell Present Deputy Mayor Hendricks Present Mr. Belasco Present Mayor Lear Present Dr. Maslow Present Mr. Shuler Present Dr. Wolf Present Mr. Gorgone Alt # 1 Present Vacant Alt # 2 -------- Also Present: Richard King, Esquire, Board Solicitor Craig Hurless, Board Engineer & Planner Karen Keenan, Board Secretary Minutes: The Chairperson said the Board will vote on the December 8, 2020 minutes at the next meeting. Discussion: Execution of an Application Relating to the Amendment and Update to Recreation and Open Space Inventory (ROSI) Set Forth in City Council Resolution No. 145-05-2020, Ordinance 407-2020 Solicitor Rich King read the December 28, 2020 email message that describes the parameters for the discussion and was sent to all Board members and the Board Engineer and Planner, Craig Hurless. Solicitor King said that this meeting should not devolve into a surrogate City Council meeting and that there is a timing issue in his view. He added that the prior decision may be the Board’s rational decision. He noted that the Mayor and Deputy Mayor are on the Board for political reasons. He referenced the Concerned Citizens for Sewell Tract Preservation Inc. letter, which was distributed to all members of the Board plus the Board Solicitor and the Board Engineer and Planner, as part of the record and is attached to these minutes. Solicitor King then turned the discussion over to the Chairperson who opened the discussion to the Members. ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, December 28, 2020 1 Member Wolf said the decision was made in May that the Recreation and Open Space Inventory (ROSI) is consistent with the Master Plan and that nothing has happened since then. She went on to say that the Planning Board deals with politics but strives to be apolitical. Member Wolf added that not signing the ROSI makes it political and that the next administration can disagree. Member Wolf said she wants the next administration to succeed. Solicitor King said that all Member Wolf said is rational and clarified that the report was not available to sign since the May meeting. He added that Chairperson Bezaire received the report last week. Engineer and Planner Hurless gave a brief history and timeline of the project and said there has been no circumvention or purposeful delay. He said that City Council gave them a resolution that included an appendix with a list of lots and map including right of ways. He said the consistency finding was after the Board’s discussion of the Master Plan. He added that the vacation of streets had to be undertaken before sending the ROSI application. Member Maslow said that they do not make decisions in a vacuum, and it is not the time for the Chairperson to disregard the resolution that was made months ago. Solicitor King remarked that the Chairperson has doubt, so he comes to the Board to discuss it. He added that the Chairperson has not refused to sign it, but he is not trying to defend him. Member Wolf said it is the Planning Board’s job to submit the application even if they knew it would be overturned. There was a discussion of right of ways not being accepted, and Engineer and Planner Hurless said that they may have to be removed from the list. Member Elwell said he thinks the election has changed things, and he does not see the rush to put this application in before the next administration comes into to govern. He felt that signing the application is against what the people want and that it certainly is political. He added that taxpayers know that they are giving up valuable land. There was a discussion on the Sewell Tract litigation. Chairperson Bezaire asked about the streets on the ROSI and if there are limitations regarding Green Acres. Board Engineer and Planner Hurless explained that they are vacated if on ROSI list; they are encumbered for recreation-oriented purposes or open space, and the City has to abide with Department of Environmental Protection (DEP) regulations. He said it is a policy decision to put on now versus later. If the City is looking for grants, DEP does ask if on the ROSI or going on the ROSI list. Discussion was opened to the public at 7:24 PM. Jules Rauch, 1010 New York Avenue, questioned the notice for the meeting. He said the rush is unnecessary and that vacating streets grants adjoining owners free land and eliminates open space and precludes City access to the interior area. He added that the City loses control of valuable land without no development plan. He also said that the Assistant Attorney General asked the City to ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, December 28, 2020 2 defer Ordinance 407-2020 due to potential settlement of the court case. He asked that no action be taken. Solicitor King asked about the notice for the meeting and the Board Secretary said the notice was published in the Atlantic City Press on the Saturday before the meeting, posted on the two entrances of City Hall, on the City website and distributed to all of the members. Discussion was closed to the public at 7:34 PM. Mayor Lear asked Solicitor King about an appropriate motion. Solicitor King said that there is no need for a motion unless one desires a change to the previous decision. Discussion was reopened to the public at 7:36 PM. Lorraine Baldwin, 909 Washington Street expressed her concern about property belonging to the taxpayers of Cape May and noted that Frank Corrado cautioned Council against putting the streets on the ROSI list due to litigation and potential conflict with the DEP. She felt there is no reason to rush this application, as she is concerned about the City having to deal with more litigation. Discussion was closed to the public at 7:38 PM. Mayor Lear motioned and Deputy Mayor Hendricks seconded for the Chairperson or Vice Chairperson to sign the application. This motion was later withdrawn. Motion made by Mr. Elwell to direct the Chairperson to not sign the application until the next administration directs him to sign it in the next week or two; there was no second to the motion. Chairperson Bezaire said he will sign the application when presented to him by Mr. Hurless the following day after the City Manager signs the application. Motion made to adjourn by Dr. Maslow at 7:45 PM with all in favor. Respectfully submitted: Karen Keenan, Board Secretary ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, December 28, 2020 3 ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, December 28, 2020 4 ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡ City of Cape May Planning Board Minutes, December 28, 2020 5