Preservation Commission Hits Historic Stall; City Council Defeats Ordinance Introduction

CAPE MAY – Usually the votes are assured when an ordinance is introduced, but not so at the May 2 Cape May City Council meeting. An ordinance on new standards and design guidelines that was a carryover from the previous council meeting failed to pass its first reading even though much of a previous council meeting was dedicated to discussion of the changes in the Historic Preservation Commission’s (HPC) recommended standards. 
While ordinances more frequently fail to pass after public hearings at the time of second reading, to have one fail its introduction is unusual. This is especially so when the ordinance has been the subject of some presentations and in-depth discussions at meetings before and after the annual January reorganization.
At heart seems to be the power of the HPC.
In this resort with its National Historic Landmark Status, the HPC has been the guardians of guidelines and standards for construction and renovations that maintain the historic character of the city.
As the ordinance appeared headed for a routine introduction, Patricia Gray Hendricks challenged wording that she felt gave the HPC too much power.
“What the HPC has been charged to do is offer guidance or advisement, not final requirements,” she said. 
Hendricks also objected to a proposed wording change that would have given the HPC decisions added weight if they are appealed to the zoning and planning board.
“The proposed amended language regarding ‘Appeals of HPC determinations’ is beyond the scope of the HPC charge,” she added.
HPC Chair Warren Copeland had been warmly received by the council just weeks before, and the discussion of the proposed ordinance on that date did not seem to revolve around any extended reach of the HPC into areas beyond its proper role.
Roger Furlin, a council member whose term extended to the previous administration, reminded colleagues that they had considered all this earlier.
He argued that the changes in the ordinance were important to preserving the city’s status.
Hendricks countered that she appreciated all the hard work that the HPC had put into the proposed changes. She argued for more dialog on the changes and said: “There is nothing wrong with waiting if we can make it better.”
In the end, the vote was 3-2 with Shaine Meier and Mayor Clarence Lear joining Hendricks. The introduction of the ordinance failed.
Outdoor Seating
An ordinance that passed was the long awaited one on outdoor seating. 
After months of committee meetings and debate, the ordinance was adopted despite claims by a member of the committee that worked on the issue that it was “convoluted and does not represent the best interests of the City of Cape May.”
Jules Rauch, a member of the Outside Seating Committee appointed by the previous administration in 2016, felt that the committee had presented a “fair and equitable plan to address change” in the seemingly uncontrolled growth of outdoor seating in Cape May.
The committee’s proposal, which had provided the framework for the first draft of the ordinance, imposed seat fees on restaurants and food establishments, directing those dollars to a parking fund.
That first draft ordinance also designed restrictions on seating expansion.
Following public debate on those first proposals, council worked with Solicitor Frank Corrado to recraft the ordinance.
The ordinance, as adopted, removed the seat fee and replaced it with a much lower $25 surcharge to be paid by all businesses that seek a mercantile license in the city. 
That fee would still be directed to a parking fund which the city would eventually use for some plan to ease the resort’s notoriously bad parking problem in the summer months.
The new ordinance also seeks to control the growth of outdoor seating through requirements for approved seat plans. Rauch called it a “free ride for the restaurants.”
In the end, council considered the ordinance the result of a successful compromise, and it was adopted.
New City Manager
When the city reorganized in January, a key position to be filled was that of city manager. Under the city’s charter, the manager is the chief executive position running all city operations and departments.
Bruce MacLeod took retirement at the end of 2016 leaving that vacancy for the new council to fill.
Following a search, the council looked inside and appointed the current Chief Financial Officer Neil Young to the post. 
Young had been serving as interim city manager since January. His appointment will extend to Dec. 31, 2019.
The city reviewed 40 applications for the position and interviewed some candidates.
Lear said, “The city was fortunate to have a strong candidate pool.” Citing Young’s tenure as CFO and his “exemplary work since stepping in as interim city manager,” Lear praised Young and said the council looked forward to working with him.
At least for the time being, Young will continue to manage the city’s budget and financial affairs. 
Young said he looks forward to working to keep Cape May “a first class city in which to live, work, raise a family, vacation and retire.”
To contact Vince Conti, email vconti@cmcherald.com.