Mall lawsuit begins: Decision to be made October 11By LESLIE TRULUCK

Cape May Star and Wave

ATLANTIC CITY –Superior Court Judge ValerieArmstrong heard oral argu-ments in the lawsuit betweenthe Concerned Taxpayers ofCape May and the City ofCape May over the revitaliza-tion of the Washington StreetMall Sept. 26.

Judge Armstrong will ruleOct. 11 if the case will be dis-missed as requested by thecity or if the taxpayers groupwill be granted the opportuni-ty for discovery.

Discovery could lead toarguments over the definitionof a sidewalk, dispute overthe publicity of meetings andthe public purpose of themall.

In reference to the meet-ings, plaintiff attorney

Gregory Saputelli mentionedan affidavit by a mall revital-ization sub-committee mem-ber who claims meetingswere being held in private.

As for defining a sidewalk,the city’s current definitionreads “from the property tothe curb line for the use ofpedestrians.”

Because the pedestrian mallis essentially all sidewalkwith no curb there is confu-sion over where one propertyends and another begins.

The taxpayers groupbelieves the city is violatingits own ordinance thatrequires abutting propertyowners to repair their ownsidewalks.

The group claims businessowners on the mall shouldpay for some of the mall revi-talization project becausethey benefit from increased

property value. The 1997 ordinance states

that the abutting propertyowners maintain sidewalksunless they are wholly fundedby governmental agenciesother than the city so theywill not become the responsi-bility of taxpayers as generalmunicipal improvements.

The city later amended theordinance so the municipalityhas the authorization todecide financing of generalmunicipal projects.

The brick surfacing isexpected to cost $2.2 millionout of the total project cost of$3.5 million.

City Manager Lou Coreasaid bids opened Oct. 2 forthe infrastructure repairs.

He said if discovery isgranted, the mall project willnot be able to move forwardthis year for the 2008 tourist

season because the discoveryphase could take severalmonths.

“We hope she will dismissthe complaint and the city canmove forward on the project,”Corea said.

“We have a legislativerecord that can’t be expandedupon and there is nothingthey can obtain in discoverythat can supplement therecord,” Corea said after thehearing.

The city’s attorney, AndrewCatanese, argued for dis-missal saying the complaint is“baseless and outrageous.”

“The legislative record, it’sclear to me that we have morethan ample evidence to sup-port the ordinance,” Catanesesaid.

The taxpayer group, con-sisting of bed and breakfastand hotel owners Larry

Muentz, Gus Andy, and JaySchatz said there are 96 otherunnamed members in thecomplaint against the mallproject.

After the hearing, Schatzsaid the mall is not the mainattraction of Cape May. Hesaid people come for thebeach and the historic build-ings, not the pedestrian mall.

“It’s not the Mall ofAmerica,” Schatz said refer-ring to the attraction inBloomington, Minnesota.

The taxpayer groupbelieves the mall merchantsare receiving privilegedtreatment and the revitaliza-tion will only benefit the 100merchants along the mall.

“Some animals are moreequal than others,” Schatzsaid quoting George Orwell’sclassic novel “Animal Farm.”

Judge Armstrong said the

mall benefits the community,not the business ownersalone, and but agreed thateach improvement benefitssome taxpayers more thanothers.

The mall project was reject-ed in a public referendum inAugust 2006, though in thesame vote the public agreedto repair the mall’s under-ground water and sewer utili-ties at a cost of $400,000.

The mall revitalization proj-ect intends to rehabilitate andrepave the entire mall area,adding lights and water foun-tains, and replacing trees.

If the city repairs utilitiesthis winter without having thestreet repaved, Corea said themall could result in asphaltdevoid of vegetation.

City bond ordinance coun

Please see Mall, Page A2

23rd annual Lima BeanFestival Oct. 6

WEST CAPE MAY – The 23rd annual LimaBean Festival will be held this Saturday, Oct. 6,from 9 a.m. to 5 p.m. in Wilbraham Park.

The festival will feature a variety of lima beanfoods like succotash, lima bean soup, sandwich-es and lima bean salads. Traditional foods willalso be available.

Vendors will be at the park selling crafts, col-lectibles, jewelry, and clothing.

Activities will be live music, dancers, contests,and the crowning of the Lima Bean King andQueen.

For more information, contact Diane Flanagan609-884-8382.

Cape Ma WaveStar153rd YEAR NO. 41 CAPE MAY, N.J. 50¢SERVING AMERICA’S NATIONAL HISTORIC LANDMARK CITY

SPORTSLCMR Tiger soccer goes

up against OC, B1

AREACounty drive-thru flu

shots available Oct. 28,A9

WEST CAPEMAY

Borough looks at twoliquor licenses, A2

ARTSThe screw turns at

Cape May Stage, A12

INSIDE

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RELIGION/OBITUARIES....A6OPINION/LETTERS............A8ARTS...................................A10MOVIES..............................A13WEATHER..........................A14SPORTS/OUTDOORS.......B1,2EDUCATION/YOUTH........B3COMMUNITY/LIFESTYLE..B4CLASSIFIED.............B8,9,10,11PUBLIC NOTICE................B11

THURSDAY, OCTOBER 4, 2007

Giuliani makes campaign stop at Congress HallGOP presidential candidate backs Nick Asselta,

Norris Clark and Michael DonohueBy LESLIE TRULUCK

Cape May Star and Wave

CAPE MAY – Security wastight and there were bomb-sniffing dogs as a crowd ofabout 1,000 residents, volun-teers, fire police, and politi-cians gathered shoulder toshoulder on the lawn of

Congress Hall Monday after-noon, Oct. 1.

It was all in anticipation ofRepublican presidential can-didate Rudolph Giuliani, theformer New York City Mayorwho made a whistle stop inCape May.

Giuliani was touring south-ern New Jersey to promotehis candidacy, the GOP andraise money for state Sen.Nicholas Asselta’s campaignat the hotel once known as thesummer White House.

The event, titled “A Tributeto Heroes,” was misleading.Giuliani paid more tribute toAmerica’s favorite pastimeand the Philadelphia Phillies’recent playoff success than “asalute to the courage and sac-rifice of police, firefighters,and EMS teams” as the media

advisory about the event stat-ed.

Various firefighters andservice men and women camedressed in uniform and didnot receive recognition.

Talk radio jockey HarryHurley gave opening com-ments and announced his for-mal endorsement of Giuliani.

“These are serious and dan-gerous times, there is nottime for on the job training,this is not amateur hour.Mayor Rudy Giuliani hasalready shown his capacity tolead this country in a way thatmakes him the most pre-qual-ified candidate to ever run forthe presidency. This candi-date can run and win in all 50states,” Hurley said, drawingloud applause.

Asselta introduced Giuliani.“This is an important day

for our district and our coun-ty,” Asselta told the enthusi-astic crowd.

“Giuliani has demonstratedleadership that is beyondbelief. After 9/11 I stood atthat canon of destruction andclearly understood how diffi-cult of a job it would be to

bring that city back. “There was only one person

who could have done that atthe particular time, a manwho commanded respectfrom every citizen in thatcommunity, the city and ofthe entire country. It is myunbelievable honor to intro-duce the next president of the

United States, RudolphGiuliani.”

Giuliani spoke about thewar on terrorism, homelandsecurity, the economy andbaseball.

“Hillary (Clinton) and I doshare one thing in common:we are both Yankee fans.”

Baseball became a continu-ous theme throughout theevent. Giuliani aimed hiscompetition towards leadingDemocratic presidential con-tender Clinton several timesthroughout his speech.

Giuliani said if he andClinton are both nominated,they should have a one-hourYankee trivia quiz instead ofa typical debate.

“I am running for presidentbecause this country needsvery strong, determined lead-

ership to remain on theoffense against terrorism,and to preserve the nature ofthe American economy.”

“New Jersey will be a criti-cal state in determining thenext president of the U.S.”

Giuliani mocked Clinton’ssocial programs and spendingpolicy saying that therewould need to be a 20 to 30percent tax increase and hun-dreds of billions in healthcare with the money sheanticipates spending.

“Clinton promised to send a$5,000 bond to every newbornchild-and a chicken in a pot.The last one to promise some-thing like this was GeorgeMcGovern who promised tosend $1,000 to everyAmerican. Maybe that moneywill be retroactive, HillaryClinton. Some people may notneed it: what if Bill Gates hasanother child?”

Giuliani said, “$22 billion ofyour hard-earned moneywould go towards hand-outprograms.”

“We need a responsibleRepublican president whowill make sure we don’t gobankrupt and teach people tohelp themselves.”

Giuliani said he reducedtaxes 23 different times asmayor of New York City.

“We need to give some ofthat money back to youbecause you will spend itmore intelligently than the

government is going to spendit.”

Giuliani promoted taxdeductions and privatizehealth care as opposed to gov-ernment-direct healthcare.

Giuliani said the U.S. needsto remain on the offense inthe war against terror.

“We cannot go back to beingon the defense the way theDemocrats want.”

Giuliani said his goal in Iraqis “victory.”

“Victory is a stable Iraq thatwill be an ally for the UnitedStates of America in theIslamic terrorist war againstus, not a country we turn overto the terrorists because peo-ple are getting too frustrat-ed.”

Giuliani said he learnedleadership from RonaldReagan.

Giuliani spoke about theDemocratic debates andClinton’s answer to newsshow host Tim Russert’squestion about Iran as a pos-sible nuclear power. “We willexercise any option that wedeem necessary, and not takethe military option off thetable, to prevent Iran frombecoming a nuclear powerbecause it’s too dangerousand irresponsible to allow.”

Giuliani promised to multi-ply the number of Republicanoffices in New Jersey.

Please see Rudy, Page A5

Jennifer Kopp/Cape May Star and WaveRepublican candidate and former mayor of New York City, RudyGiuliani spoke to a massive crowd on the lawns of Congress HallMonday. Though security was tight, many had the opportunity foran autograph or a handshake from the GOP hopeful.

BTF finally receives $100,000 loanBy LESLIE TRULUCK

Cape May Star and Wave

CAPE MAY – The previous-ly approved $100,000 cityloan to the Beach TheatreFoundation (BTF) met yetanother challenge over theweekend of Sept. 28 When thecity’s loan consultant, TriadAssociates, advised CapeMay City to secure collateral.

Last Friday, BTF solicitedindividuals for personalpledge guarantees and madea mad dash scrambling overthe weekend asking boardmembers, friends and sup-porters to pledge a personalguarantee. BTF announcedOct. 1 they were able tosecure 48 pledge guaranteesin 48 hours.

The pledge guarantee will

only require people to pro-vide money in the case of loandefault.

“48 hours is not much timeto raise $110,000”, said JerryGaffney, foundation vice-president.

Gaffney said all members ofthe foundation contributed apledge to back the loan.

$100,000 is to lease the the-atre from Frank Investments,Inc. and the additional$10,000 is a security deposit.

The loan check was signedand deposited into the foun-dation’s bank account Oct. 1and BTF signed a 12-monthlease option/agreement withFrank Investments the nextday.

“I can’t tell you how muchthis tremendous outpouringof support demonstrates why

we are in this mission to savethe Beach Theatre,” BTFPresident Steve Jackson said.

“Board members andfriends of the foundation can-vassed the city and found per-son after person ready to signand give their personal com-mitment to the loan whetherit was $100 or several thou-sand,” Jackson said.

Gaffney said all contribu-tions were by individuals andno corporate pledge guaran-tees were received.

This has been just one ofmany hurdles the BTF hasjumped to fulfill its mission tosave the Beach Theatre.

Frank Investments wasgranted approval to demolishthe theater and build condo-miniums effective Labor Day.

City Council then adopted

new policies for the revolvingloan plan through TriadAssociates at its regularmeeting Sept. 4. After reviewof loan under the new poli-cies, council unanimouslyapproved the loan at a specialmeeting later that week.

Mayor Jerome Inderwiesand Jackson posed for a largecheck presentation Sept. 7but still the BTF did notreceive the money until Oct.2.

Triad Associates PresidentMichael Zumpino originallysaid the foundation could useits fundraising events as col-lateral.

Since receiving the$100,000, the foundation hasbegun a “BTF Auction ‘07’ –

Please see BTF, Page A2