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A Community by the River

Borough of Brielle, NJ


August 11, 2008

December 19 2008

August 11, 2008

PAGE 103
MINUTES AUGUST 11TH, 2008 WORK SESSION


START: 7:30 P.M.



PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. GORHAM.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that he had nothing to report.
Personnel Chairman Bolger noted that his committee had forwarded a recommendation to the Council regarding an amendment to the ordinance on political signs. Coun. Bolger had been advised that the ordinance had not been posted for introduction at the direction of the Mayor. He asked why?
The Mayor cited the recent case of the A.C.L.U. vs. Hawthorne, New Jersey and he believed that it was prudent to await the resolution of that case as it could necessitate all New Jersey municipalities to redraft their respective ordinances on political signs.
Coun. Bolger felt that Brielle residents were being denied an opportunity to be heard on this "quality of life" issue when the political campaign season was about to begin in earnest.
Mayor Nicol reiterated that he thought it was "prudent" to await the outcome of the Hawthorne case.
Coun. Bolger cited the ordinance on accessory structures that had been introduced and was apparently still in committee. Coun. Bolger was concerned that these critical quality of life issues were not being addressed by the Council due to a few objectors; he asked the Mayor to place the political sign ordinance on the agenda.
Mayor Nicol said that he was not prepared to do so until the Borough Attorney reviewed the status of the Hawthorne case. Citing a recent article in the Coast Star, the Mayor pointed out that this was a constitutional issue of free speech and he added that a Rutgers Law Professor had questioned any restrictions on the placement of political signs; he recommended that the Council take no action pending the resolution of the Hawthorne Issue.
Coun. Bolger offered that the issues in the Hawthorne case were addressed by the draft ordinance submitted to the Council by his committee.
There being no further comment the work session was adjourned at 7:40 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

PAGE 104
MINUTES AUGUST 11th, 2008


START: 7:41:P.M.



PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, NOLAN, SCOTT, & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. GORHAM.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the July 28th, 2008 meeting were approved on a motion by Coun. Shaak seconded by Coun. Nolan; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 08-74 for Passage of the Consent Agenda.
Resolutions:
A. To accept a contract proposal from BRB Valuation & Consulting Services re: Tax Appeal Brielle Yacht Club.
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. (see insertion).
F. (see insertion).
Motions:
Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.
(Note: The Administrator explained to William Brannick, 805 Schoolhouse Road, that "F' was an additional service offered by the CMFO at no cost to the Borough and he advised Janice Wurfel, 522 Green Avenue, that "A" was necessitated by the fact that, all tax appeals being heard in Superior Court, required the testimony of an expert witness.)
At this juncture, Mayor Nicol appointed Coun. Bolger to the Finance Committee for purposes of this meeting.
Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 08-75 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of August 11th, 2008, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.




Resolution No.08-74-B
Date: August 11th, 2008

Resolution of the Borough of Brielle

Whereas: on August 4th, 2008, Guild of Ocean Medical Center, 425 Jack Martin Blvd., Brick, N.J. 08724, submitted Raffle Application No. 2008-14, ID No. 401-4-6902 for an off-premise, to be held at the Manasquan River Golf Club, 847 Riverview Drive, Brielle, NJ 08730 on Thursday, November 12th, 2008 from 11:30am to 3:00pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on August 11th, 2008.

Witness my hand and Seal of the Borough of Brielle this 12th day of August 2008.





__________________________ Thomas F. Nolan
Municipal Clerk


Resolution No.08-74-C
Date: August 11th, 2008

Resolution of the Borough of Brielle

Whereas: on August 4th, 2008, Guild of Ocean Medical Center, 425 Jack Martin Blvd., Brick, N.J. 08724, submitted Raffle Application No. 2008-15, ID No. 401-4-6902 for an Gift Auction, to be held at the Manasquan River Golf Club, 847 Riverview Drive, Brielle, NJ 08730 on Thursday, November 12th, 2008 from 11:30am to 3:00pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on August 11th, 2008.

Witness my hand and Seal of the Borough of Brielle this 12th day of August 2008.



________________________
Thomas F. Nolan
Municipal Clerk




Resolution No.08-74-D
Date: August 11th, 2008

Resolution of the Borough of Brielle

Whereas: on August 4th, 2008, Guild of Ocean Medical Center, 425 Jack Martin Blvd., Brick, N.J. 08724, submitted Raffle Application No. 2008-16, ID No. 401-4-6902 for an 50/50 raffle, to be held at the Manasquan River Golf Club, 847 Riverview Drive, Brielle, NJ 08730 on Thursday, November 12th, 2008 from 11:30am to 3:00pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on August 11th, 2008.

Witness my hand and Seal of the Borough of Brielle this 12th day of August 2008.



______________________
Thomas F. Nolan
Municipal Clerk




Resolution No.08-74-E
Date: August 11th, 2008

Resolution of the Borough of Brielle

Whereas: on August 5th, 2008, Woman’s Club of Brielle, P.O. Box 502, Brielle, NJ 08730, submitted Raffle Application No. 2008-17, ID No. 57-8-15240 for 50/50 raffles, to be held at the Curtis House, 644 Union Lane, Brielle, NJ 08730 on Sept. 11, 2008, October 9th, 2008, December 11th, 2008, February 12th, 2009, March 12th, 2009 and April 9th, 2009 from 11:30am to 3:30pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on August 11th, 2008.

Witness my hand and Seal of the Borough of Brielle this 12th day of August 2008.



______________________
Thomas F. Nolan
Municipal Clerk


Page 105

Mayor Nicol then read two Proclamations.

“Over the Limit Under Arrest 2008 Statewide Crackdown”

Whereas, impaired drivers on our nation's roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

Whereas, 28% of motor vehicle fatalities in New Jersey are alcohol related; and

Whereas, a enforcement crackdown is planned to combat impaired driving; and

Whereas, the end of summer season is traditionally a time of social gatherings which often include alcohol; and

Whereas, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Over the Limit Under Arrest 2008 Statewide Crackdown; and

Whereas, the project will involve increased impaired driving enforcement from August 15th through September 1st, 2008; and

Whereas, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;

Therefore, be is resolved that the Borough of Brielle declares it's support for the Over the Limit Under Arrest 2008 Statewide Crackdown from August 15th, through September 1st, 2008 and pledges to increase awareness of the dangers of drinking and driving.
_________________________________________________________

“International Walk To School Day”

Whereas, hundreds of children could be saved each year if communities take steps to make pedestrian safety a priority.

Whereas, a lack of physical activity plays a leading role in rising rates of obesity, diabetes and other health problems among children and being able to walk or bicycle to school offers an opportunity to build activity into daily routine.

Whereas, driving students to school by private vehicle contributes to traffic congestion and air pollution.

Whereas, an important role for parents and caregivers is to teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to

Page 106

school each day and the health and environmental risks related to physical inactivity and air pollution.

Whereas, community leaders and parents can determine the “walkability” of their community by using a walkability checklist.

Whereas community members and leaders should make a plan to make immediate changes to enable children to safely walk and ride bicycle in our communities and develop a list of suggestions for improvements hat can be done over time.

Whereas, children, parents and community leaders around the world are joining together to walk to school and evaluate walking and bicycling conditions in their communities.

Now, Therefore Be It Proclaimed, that I, Thomas B. Nicol, Mayor of the Borough of Brielle, that October 8th, 2007 shall be observed as International Walk To School Day in the Borough of Brielle. County of Monmouth, State of New Jersey, and I encourage everyone to consider the safety and health of children today and everyday.
____________________________________________________________

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who thanked those residents who participated in the water testing program for lead and copper. Their participation was needed and much appreciated.

Coun. Scott added that she was gratified at the turn out at the Curtis House for the "Big Hearts/Little Hearts" Blood Drive.

Coun. Nolan advised that the Library would be screening “The Charge of the Light Brigade” on Wednesday, and reiterated that the book sale would be conducted in early September, running to Brielle Day.

The Brielle Dash would be held on September 5th and the deadline for registration was August 15th. Coun. Nolan also noted that the rehabilitation of the tennis courts and the basketball courts had been postponed until after Brielle Day due to a problem in obtaining required fencing.

In closing, Coun. Nolan referred to the Proclamation on "International Walk to School Day" and advised the public that no later than next Spring, sidewalks, funded by a grant from NJDOT, would be placed along Green Avenue & Union Lane, to facilitate the ability to walk to the Brielle Elementary School.

Coun. Garruzzo reminded the public that every two years the Police conducted the census of pets. Residents who had unlicensed pets had until the close of business on August 25th to license them or they would be subject to a summons. The summons required a mandatory court appearance, a fine of $71.00, plus court costs. Coun. Garruzzo urged the public to comply with the requirements of state statute and local ordinance.
Page 107

Coun. Shaak advised the public that the Ordinance on Accessory Structures was being reviewed by the committee. There had been some disagreement regarding the proposed language of the ordinance, but the Zoning Officer had obtained sample language from a number of other municipalities and it was hoped that a compromise could be reached and the matter brought back to Council.

Coun. Bolger stated his belief that the greatest asset of the Borough was it natural beauty and that the Council had an obligation to do what they could to preserve that beauty. He felt that the proliferation of political signs last May, regardless of their preference for a candidate or an issue, adversely impacted on the Borough.
Coun. Bolger cited the "feedback" he received from numerous residents and offered that no one appreciated the sign campaign. However, when asked the question "Is it Legal?” He had to respond "yes" under the parameters of the existing ordinance. Therefore, Coun. Bolger and his committee attempted to address the issue and cure the deficiencies in the ordinance.
The committee had expended a good deal of time reviewing different proposals and with an eye to the constitutional issues that are inherent in any ordinance. The committee found a viable alternative that guarantee the rights of the individual property owner at all times to display a political preference through signage, while at the same time preventing the proliferation of such signs on the Borough's public right-of-way and the right-of-way of both the State and the County.
The committee disseminated their draft ordinance to the Council with the understanding that it would be placed on the agenda for introduction and a subsequent public hearing. Coun. Bolger was therefore dismayed that the ordinance was not on the agenda. He was concerned that quality of life issues were no longer being discussed openly and, citing the pending ordinance on accessory structures; he felt that all too often the Council seemed more concern about how things were done in other towns than how they should be done in Brielle.
The meeting was opened to the public and William Brannick, 805 Schoolhouse Road, asked about the status of Donnelly Beach and if it were true that the beach was owned by the residents of Crescent Drive through a codicil in their respective deeds?
Attorney Montenegro replied that it appeared that the Borough was the owner and he was working with the Tax Assessor to establish a value for the property to enable the Borough to obtain Title Insurance.
Jim Stenson, 810 Rathjen Road, offered that he felt Coun. Bolger "made sense". Why not permit a public hearing on the issue?
Mayor Nicol reiterated his work session comments that the A.C.L.U. had challenged the Hawthorne Ordinance and he believed it best to await a decision in that case prior to retooling the existing ordinance, since Brielle's Ordinance is similar to Hawthorne’s.
Mr. Stenson replied that Coun. Bolger had proposed a new ordinance why not open it for discussion?
Page 108
Attorney Montenegro interjected that the Borough Ordinance was akin to Hawthorne’s and the issue there was placing a time limit on how long political signs could be displayed on private property. There is also the issue of public vs. private property. Mr. Montenegro felt that the basic "ground rules" were that you cannot dictate what a sign can or cannot say". However, the municipality did retain rights such as placing signs where they interfere with a site triangle and create a public safety issue. Private property is a different matter and he did not believe that any restrictions could be placed on private property. Another concern was as to whether or not the Borough could have control over the state and county rights-of-way.
Mayor Nicol said he had no problem in addressing the issue, but he wanted to get all the facts and do it right.
Mr. Stenson reiterated that he could not see why the matter could not be posted for a public hearing to discuss the issue.
Mayor Nicol again said that the matter should be researched and done right.
Mary Lou Bolger, 2 Water's Edge, was recognized and she offered that the current ordinance was restrictive and required a permit fee. These were the same deficiencies that had led to the Hawthorne case. The proposed ordinance eliminated the restrictions and was an improvement.
Mayor Nicol held to his position that he wanted to see the outcome of the Hawthorne case before any action was taken. He added that in freedom of speech issues one had to be certain.
Janice Hendricks, 615 Leslie Avenue, expressed her concern over the maintenance of the political signs. She felt that they should be recycled and noted that, in addition to being an eyesore and a hazard when they fell into the roadway, they ended up in the Glimmer Glass and became a source of pollution. She found the situation disgraceful and she urged the Council to take action.
Coun. Bolger said that Ms. Hendricks had a valid concern and the draft addressed the issue by prohibiting signs on public property and relying on the homeowner to maintain the signs on private property.
Janice Wurfel, 522 Green Avenue, said she did not like seeing any signs and asked what would happen if she pulled them out of the ground?
Attorney Montenegro advised that if they were on private property it would be trespassing and, as to public property, the matter was still "up in the air", but if signs on public right-of-way were deemed to be illegal then he felt it best to let the DPW undertake their removal.
Ms. Hendricks interjected that if signs were permitted the people placing them should be made to do it in broad daylight and not the dead of night.
Coun. Bolger informed Ms. Wurfel that he appreciated her concerns and offered that she was stating what most people felt, but he asked her to "please don't do that" and permit the Council time to address the problem "the right way".

Page 109 11th August 2008
There being no further comment the meeting was adjourned at 8:10 p.m. on a motion by Coun. Scott, seconded by Coun. Nolan.


Approved: August 25th, 2008

__________________________
Thomas F. Nolan Municipal Clerk


 

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