Alfresco Seating, Beach Safety Discussed, Lack of Quorum Stalls Movement

CAPE MAY – For the first time in Mayor Edward Mahaney and former mayor Jerry Gaffney’s memory, Cape May City Council failed to have a quorum for its meeting May 3. With Mahaney and Deputy Mayor Beatrice Pessagno present, the council was unable to take any formal action. 
The crowd of over 35 turned out for an expected discussion of two draft ordinances that would impact outdoor seating at restaurants, bars, and hotels. Even that discussion was abbreviated, not by lack of a quorum but by the mayor’s initial remarks.
Mahaney started by calling for a committee of city officials and members of the public to explore the issue of unchecked growth in outdoor seating for dining throughout the city. Mahaney talked of unregulated growth in such seating and potential problems with zoning plans, fire code violations and issues of public health and safety. He spoke of it as “something we need to get a handle on” as he requested that the committee prepare a report for council by September.
Remarking that he wanted to dispel confusion about the city’s intentions, Mahaney distinguished two different but related concerns.
First, he focused on the use of public property on the mall and promenade where businesses have expanded outdoor dining.
He said there are 17 such businesses on the mall and four on the promenade. The city charges a fee for seating in those environments. That “fee has not changed since 2008,” Mahaney said, while city costs have increased.
He said the city seeks “a reasonable increase in the fee” while wanting to avoid causing economic hardship for any business.
Mahaney then asked that City Manager Bruce MacLeod meet with “each business” to discuss the fee structure and gather input. No action will be taken until council has the benefit of that input.
The second item addressed by Mahaney was the most general issue of informal outdoor seating which has grown up around businesses across the city. One rough survey stated there are around 3,300 such seats.
Here Mahaney focused on unchecked growth and of a need to gain some control over the process without discouraging an activity favored by visitors.
Some public discussion followed but many who came did not speak, deferring exploration of issues to the newly-announced committee.  
Beach Safety
Following several meetings at which a Beach Safety Committee was discussed but never resolved, Mahaney reported that such a committee met. The group meets again May 11.
The city recently focused on better signage at beach entryways and distribution of beach safety brochures.
The committee would continue to explore areas of improved public education; however, attention would also be directed at physical management of the surf zone, the area between high and low tide marks. The city has been concerned with the beach slope, particularly in that zone.  
Mahaney said beach replenishments along the Atlantic Coast will eventually lead to similar safety concerns elsewhere. Mahaney maintains that it is in the interests of the Army Corps of Engineers to partner with the city to investigate ways to improve safety as it applies to slopes on engineered beaches.
Maintaining the line of communication with the Army Corps will be a discussion item for the new committee, as will continued exploration of “creative engineering approaches” to manage the surf zone. 
Police Disciplinary Hearing
In response to questions, City Solicitor Anthony Monzo said day three of testimony in the Civil Service disciplinary hearing against Capt. Robert Sheehan for an alleged 7-year-old firearms qualification violation would be May 11 in the council meeting room.
Monzo said there was no progress to report on the lawsuit Sheehan filed against the city when he was reduced back to the rank of captain after service for a year as chief. 
Questions also led to disclosure that Sheehan’s contract as captain ran out and he is heading the city’s police force without a contract.
When Monzo was asked by Gaffney about the contract’s status he replied that he did not have the details with him for a proper response. He did not say that the contract had run out.
Only when Patricia Hendricks followed up with a question to MacLeod did the manager acknowledge the contract’s status, even though MacLeod was sitting at the table for Monzo’s reply to Gaffney, he did not offer the information until directly asked by another member of the public.
Some in the audience later commented on this exchange as typical of the difficulty in getting information from the city about a controversy that has been lingering for over 14 months as the municipality’s governing body and its city manager engage in open and covert conflict with the head of the police department.
To contact Vince Conti, email vconti@cmcherald.com.