Cape Ma Star . 11 if the case will be dis- ... Cape Ma Star Wave ... exercise any option that we deem necessary, and not take

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<ul><li><p>Mall lawsuit begins: Decision to be made October 11By LESLIE TRULUCK</p><p>Cape May Star and Wave</p><p>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. </p><p>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. </p><p>Discovery could lead toarguments over the definitionof a sidewalk, dispute overthe publicity of meetings andthe public purpose of themall. </p><p>In reference to the meet-ings, plaintiff attorney</p><p>Gregory Saputelli mentionedan affidavit by a mall revital-ization sub-committee mem-ber who claims meetingswere being held in private.</p><p>As for defining a sidewalk,the citys current definitionreads from the property tothe curb line for the use ofpedestrians. </p><p>Because the pedestrian mallis essentially all sidewalkwith no curb there is confu-sion over where one propertyends and another begins. </p><p>The taxpayers groupbelieves the city is violatingits own ordinance thatrequires abutting propertyowners to repair their ownsidewalks. </p><p>The group claims businessowners on the mall shouldpay for some of the mall revi-talization project becausethey benefit from increased</p><p>property value. The 1997 ordinance states</p><p>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.</p><p>The city later amended theordinance so the municipalityhas the authorization todecide financing of generalmunicipal projects.</p><p>The brick surfacing isexpected to cost $2.2 millionout of the total project cost of$3.5 million. </p><p>City Manager Lou Coreasaid bids opened Oct. 2 forthe infrastructure repairs.</p><p>He said if discovery isgranted, the mall project willnot be able to move forwardthis year for the 2008 tourist</p><p>season because the discoveryphase could take severalmonths. </p><p>We hope she will dismissthe complaint and the city canmove forward on the project,Corea said.</p><p>We have a legislativerecord that cant be expandedupon and there is nothingthey can obtain in discoverythat can supplement therecord, Corea said after thehearing. </p><p>The citys attorney, AndrewCatanese, argued for dis-missal saying the complaint isbaseless and outrageous.</p><p>The legislative record, itsclear to me that we have morethan ample evidence to sup-port the ordinance, Catanesesaid. </p><p>The taxpayer group, con-sisting of bed and breakfastand hotel owners Larry</p><p>Muentz, Gus Andy, and JaySchatz said there are 96 otherunnamed members in thecomplaint against the mallproject.</p><p>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. </p><p>Its not the Mall ofAmerica, Schatz said refer-ring to the attraction inBloomington, Minnesota.</p><p>The taxpayer groupbelieves the mall merchantsare receiving privilegedtreatment and the revitaliza-tion will only benefit the 100merchants along the mall.</p><p>Some animals are moreequal than others, Schatzsaid quoting George Orwellsclassic novel Animal Farm.</p><p>Judge Armstrong said the</p><p>mall benefits the community,not the business ownersalone, and but agreed thateach improvement benefitssome taxpayers more thanothers.</p><p>The mall project was reject-ed in a public referendum inAugust 2006, though in thesame vote the public agreedto repair the malls under-ground water and sewer utili-ties at a cost of $400,000. </p><p>The mall revitalization proj-ect intends to rehabilitate andrepave the entire mall area,adding lights and water foun-tains, and replacing trees. </p><p>If the city repairs utilitiesthis winter without having thestreet repaved, Corea said themall could result in asphaltdevoid of vegetation.</p><p>City bond ordinance coun</p><p>Please see Mall, Page A2</p><p>23rd annual Lima BeanFestival Oct. 6</p><p>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.</p><p>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.</p><p>Vendors will be at the park selling crafts, col-lectibles, jewelry, and clothing.</p><p>Activities will be live music, dancers, contests,and the crowning of the Lima Bean King andQueen.</p><p>For more information, contact Diane Flanagan609-884-8382.</p><p>Cape Ma WaveStar153rd YEAR NO. 41 CAPE MAY, N.J. 50SERVING AMERICAS NATIONAL HISTORIC LANDMARK CITY</p><p>SPORTSLCMR Tiger soccer goes</p><p>up against OC, B1</p><p>AREACounty drive-thru flu</p><p>shots available Oct. 28,A9</p><p>WEST CAPEMAY</p><p>Borough looks at twoliquor licenses, A2</p><p>ARTSThe screw turns at</p><p>Cape May Stage, A12</p><p>INSIDE</p><p>10/4 3:09 3:35 8:46 10:0010/5 4:21 4:42 9:56 10:5910/6 5:22 5:38 10:59 11:5010/7 6:13 6:26 11:54 10/8 6:56 7:08 12:33 12:4210/9 7:34 7:46 1:11 1:2510/10 8:10 8:22 1:46 2:06 </p><p>OCTOBER TIDE TABLE</p><p>HIGH LOWam pm am pm</p><p>RELIGION/OBITUARIES....A6OPINION/LETTERS............A8ARTS...................................A10MOVIES..............................A13WEATHER..........................A14SPORTS/OUTDOORS.......B1,2EDUCATION/YOUTH........B3COMMUNITY/LIFESTYLE..B4CLASSIFIED.............B8,9,10,11PUBLIC NOTICE................B11</p><p>THURSDAY, OCTOBER 4, 2007</p><p>Giuliani makes campaign stop at Congress HallGOP presidential candidate backs Nick Asselta,</p><p>Norris Clark and Michael DonohueBy LESLIE TRULUCK</p><p>Cape May Star and Wave</p><p>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</p><p>Congress Hall Monday after-noon, Oct. 1. </p><p>It was all in anticipation ofRepublican presidential can-didate Rudolph Giuliani, theformer New York City Mayorwho made a whistle stop inCape May.</p><p>Giuliani was touring south-ern New Jersey to promotehis candidacy, the GOP andraise money for state Sen.Nicholas Asseltas campaignat the hotel once known as thesummer White House.</p><p>The event, titled A Tributeto Heroes, was misleading.Giuliani paid more tribute toAmericas favorite pastimeand the Philadelphia Philliesrecent playoff success than asalute to the courage and sac-rifice of police, firefighters,and EMS teams as the media</p><p>advisory about the event stat-ed. </p><p>Various firefighters andservice men and women camedressed in uniform and didnot receive recognition. </p><p>Talk radio jockey HarryHurley gave opening com-ments and announced his for-mal endorsement of Giuliani. </p><p>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.</p><p>Asselta introduced Giuliani.This is an important day</p><p>for our district and our coun-ty, Asselta told the enthusi-astic crowd. </p><p>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</p><p>bring that city back. There was only one person</p><p>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</p><p>United States, RudolphGiuliani.</p><p>Giuliani spoke about thewar on terrorism, homelandsecurity, the economy andbaseball.</p><p>Hillary (Clinton) and I doshare one thing in common:we are both Yankee fans.</p><p>Baseball became a continu-ous theme throughout theevent. Giuliani aimed hiscompetition towards leadingDemocratic presidential con-tender Clinton several timesthroughout his speech. </p><p>Giuliani said if he andClinton are both nominated,they should have a one-hourYankee trivia quiz instead ofa typical debate.</p><p>I am running for presidentbecause this country needsvery strong, determined lead-</p><p>ership to remain on theoffense against terrorism,and to preserve the nature ofthe American economy.</p><p>New Jersey will be a criti-cal state in determining thenext president of the U.S.</p><p>Giuliani mocked Clintonssocial 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.</p><p>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?</p><p>Giuliani said, $22 billion ofyour hard-earned moneywould go towards hand-outprograms. </p><p>We need a responsibleRepublican president whowill make sure we dont gobankrupt and teach people tohelp themselves.</p><p>Giuliani said he reducedtaxes 23 different times asmayor of New York City.</p><p>We need to give some ofthat money back to youbecause you will spend itmore intelligently than the</p><p>government is going to spendit.</p><p>Giuliani promoted taxdeductions and privatizehealth care as opposed to gov-ernment-direct healthcare. </p><p>Giuliani said the U.S. needsto remain on the offense inthe war against terror. </p><p>We cannot go back to beingon the defense the way theDemocrats want.</p><p>Giuliani said his goal in Iraqis victory.</p><p>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.</p><p>Giuliani said he learnedleadership from RonaldReagan. </p><p>Giuliani spoke about theDemocratic debates andClintons answer to newsshow host Tim Russertsquestion 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 its too dangerousand irresponsible to allow.</p><p>Giuliani promised to multi-ply the number of Republicanoffices in New Jersey. </p><p>Please see Rudy, Page A5</p><p>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.</p><p>BTF finally receives $100,000 loanBy LESLIE TRULUCK</p><p>Cape May Star and Wave</p><p>CAPE MAY The previous-ly approved $100,000 cityloan to the Beach TheatreFoundation (BTF) met yetanother challenge over theweekend of Sept. 28 When thecitys loan consultant, TriadAssociates, advised CapeMay City to secure collateral.</p><p>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.</p><p>The pledge guarantee will</p><p>only require people to pro-vide money in the case of loandefault. </p><p>48 hours is not much timeto raise $110,000, said JerryGaffney, foundation vice-president.</p><p>Gaffney said all members ofthe foundation contributed apledge to back the loan. </p><p>$100,000 is to lease the the-atre from Frank Investments,Inc. and the additional$10,000 is a security deposit. </p><p>The loan check was signedand deposited into the foun-dations bank account Oct. 1and BTF signed a 12-monthlease option/agreement withFrank Investments the nextday.</p><p>I cant tell you how muchthis tremendous outpouringof support demonstrates why</p><p>we are in this mission to savethe Beach Theatre, BTFPresident Steve Jackson said. </p><p>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. </p><p>Gaffney said all contribu-tions were by individuals andno corporate pledge guaran-tees were received.</p><p>This has been just one ofmany hurdles the BTF hasjumped to fulfill its mission tosave the Beach Theatre. </p><p>Frank Investments wasgranted approval to demolishthe theater and build condo-miniums effective Labor Day. </p><p>City Council then adopted</p><p>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. </p><p>Mayor Jerome Inderwiesand Jackson posed for a largecheck presentation Sept. 7but still the BTF did notreceive the money until Oct.2.</p><p>Triad Associates PresidentMichael Zumpino originallysaid the foundation could useits fundraising events as col-lateral.</p><p>Since receiving the$100,000, the foundation hasbegun a BTF Auction 07 </p><p>Please see BTF, Page A2</p></li></ul>

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