Grants Will Fund Bike Path Extension, Upgrade on Part of Cape May Avenue

CAPE MAY – City Council opened its April 5 meeting with the announcement of more grant support for projects. 
Mayor Edward Mahaney announced two grants the city received for infrastructure efforts. The first, a $250,000 state award, will allow extension of a bike path from the elementary school on Lafayette Street through the adjacent park to the Transportation Center. 
Last year, the city received a $350,000 grant for the creation of the bike path from the Coast Guard Training Center to the school. Mahaney noted that more than 60 percent of the school’s enrollment resides in the training center vicinity.
This year’s Bike Way Grant made the city one of only four communities in the state to be awarded such funds.
“This is part of a comprehensive effort to provide a safe bike-way network throughout Cape May City,” Mahaney said. Future plans call for a “Bicycle and Pedestrian Safety Plan” for both city and Cape May Point currently being funded by N.J. Department of Transportation (NJDOT). The comprehensive system will be completed and opened in phases with the full system planned to be operational by 2019, according to a city release.
The second grant was for $179,000 from NJDOT. Funding was the result of a competitive application for paving the south side of the 1200 block of Cape May Avenue. The effort will include reconstruction of roadway with installation of utilities, curbing, and improved storm-water drainage.
Mahaney also noted that the city established a municipal open space set-aside fund in 2003 which continues to put Cape May in an advantageous position for Open Space grants.
The ordinance governing use of the set-aside for open space and recreation land acquisition was introduced with new amendments for first reading. In response to a question, Mahaney said that the municipal set-aside fund has a balance of about $2 million.
City WiFi
Council member Shane Meier presented peers with a document outlining a possible plan for installing city WiFi connectivity. Meier noted that the “back page” presented to system users could be used to promote city events while the service would be a welcome addition for tourists who now must use expensive data plans to connect mobile devices to the Internet.
The document Meier distributed was not shared with the public. Meier said his objective was to have council consider the issue and then return to an open discussion at a future meeting.
Outdoor Seating
City Solicitor Anthony Monzo presented a status report on two draft ordinances for council’s future consideration. The focus was on the issue of regulating outdoor seating where food or drinks may be consumed but which do not fall within boundaries of formal outdoor dining.
As he tried to explain the difference, the formal outdoor dining, with tables, chairs and wait service, fall under existing zoning regulations.
His concern was the increasing use of outdoor seating by businesses where benches or chairs might, for example, be provided for those waiting for formal seating, and where drinks or light food may be served.
Monzo maintains this is a current gray area without city regulation.
Monzo also asked council to consider changes to the outdoor seating fee structure to offset increases in city costs for municipally-maintained areas like property on Washington Street Mall. No formal ordinance has been introduced, but council will return to the discussion and an ordinance is likely to follow.
Robert Sheehan
Jerry Gaffney raised questions related to the controversy between the city and Police Capt. Robert Sheehan. In March 2015, the city demoted Sheehan from his probationary position as chief of police leaving him in his previous rank as captain. He remains the highest ranking officer in the department and exercises overall command.
Sheehan responded to the demotion with a lawsuit now over a year old. 
Asked by Gaffney about the status of that suit, Monzo said there was nothing new to report. The city settled its case against Sheehan’s second in command, Lt. Chuck Lear, who retired as part of that settlement.
The underlying issue that led to Sheehan’s demotion, his alleged involvement in inappropriate use of leave time by Lear, was dismissed by the county prosecutor as not involving any criminal activity, but the city did not reinstate Sheehan.
Recently the city brought administrative charges against Sheehan over an alleged failure to meet strict state regulations on firearms qualification in 2009. A public hearing on the charges is ongoing. 
Monzo said that a third day for the hearing is scheduled April 21.
Monzo explained that the hearing officer would then have 20 days to report findings of fact and make a recommendation for action to City Manager Bruce MacLeod.
MacLeod, who brought the initial charges, would decide if a penalty is to be imposed. According to Monzo, council has no role in this process.
Depending upon the nature of any punishment imposed by MacLeod, the case could then be appealed by Sheehan to the Civil Service Commission.
To contact Vince Conti, email vconti@cmcherald.com.