Borough of Brielle, NJ
| August 25, 2008
August 25, 2008
MINUTES AUGUST 25TH, 2008 WORK SESSION START: 7:30PM
PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, NOLAN & SCOTT. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. SHAAK.
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, but he asked permission to add two Resolutions to the Consent Agenda to permit the execution of the 2009 Food Shopping Agreement with Monmouth County and to hire a part-time laborer for the DPW.
The Administrator also noted that there would be an executive session to discuss the potential sale of Borough property.
The work session was adjourned at 7:33 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Gorham.
MINUTES AUGUST 25TH, 2008
PRESENT: MAYOR NICOL, COUN. BOLGER,GARRUZZO, GORHAM, NOLAN & SCOTT. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. SHAAK
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the August 11th, 2008 meeting were approved on a motion by Coun. Scott seconded by Coun. Nolan; all aye; no nays. Passed. (Note: Coun. Gorham abstained.)
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 08-76 for Passage of the Consent Agenda.
A. To approve RA2008-18, Brielle First Aid Squad, off-premise Draw Raffle
B. To authorize the Mayor & Clerk to execute the 2009 Food Shopping Agreement with Monmouth County.
C. To hire Michael Conroy, 522 Harris Avenue, Brielle, as a part-time DPW Worker.
Vote: Coun. Bolger, Garruzzo, Gorham, Nolan & Scott; all aye. No nays. Passed.
Coun. Gorham, seconded by Coun. Garruzzo, introduced Resolution 08-77 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 25th, 2008, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan & Scott; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of "An Ordinance to amend Chapter 21 of the Code of the Borough of Brielle entitled "Zoning".
Coun. Bolger, seconded by Coun. Nolan introduced Resolution 08-78 for passage on introduction and first reading. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan & Scott; all aye. Passed.
Coun. Bolger, seconded by Coun. Nolan,, introduced Resolution 08-79 to authorize the publication of the foregoing ordinance in the Coast Star for a hearing to be held on September 8th, 2008, at 7:30 p.m., at Borough Hall. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan & Scott; all aye.
Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public how hard the DPW was working in preparation for Brielle Day where the Borough was on display for visitors to enjoy.
Since it was impossible for the DPW to spruce up every comer of the Borough, Coun. Scott urged the public to pitch in and take care of their own little corner of Brielle to enhance the natural beauty of the community.
Coun. Nolan cited the upcoming Board of Recreation activities which included the Brielle Dash on September 5th and the Fishing Tournament on August 26th. The Soap Box Derby was scheduled for September 27th & 28th and the Flag Football program already had registered one hundred and twenty-five children; it was a major success in a relatively short period of time.
Coun. Nolan added that the rehabilitation of the tennis courts would take place sometime after Brielle Day; he would have an update at the next meeting.
Coun. Nolan also cited the Library book sale for September 4th, 5th and 6th and added that "On The Beach" would be screened on August 27th.
Coun. Garruzzo having no report, Coun. Bolger cited the proposed amendments to the sign ordinance and noted that his committee had made a thorough review of the options as to what is legal and what the committee wanted to achieve. There had been several drafts and proposed changes with an eye to giving the community what it wanted in terms of aesthetics, while preserving the individual right to self-expression and the constitutional arguments for free speech.
Citing the Pledge of Allegiance with which the Governing Body began each meeting and the controversy over the phase "Under God"; Coun. Bolger observed that there would always be issues.
However, the ordinance under consideration removed all restrictions on private property. Residents were free to display political signs anytime and anywhere on their property. This satisfied the constitutional right to free expression.
Conversely, signs would be prohibited on public property. Coun. Bolger cited the concerns of the Historical Society over signs at the 911 Memorial and Osborn Cemetery.
The ordinance also prohibited signs on the public rights-of-way, whether municipal, county or state. The Council's action this evening paved the way for a public hearing on September 8th, at which time all residents were free to comment.
Coun. Gorham having no report, the Mayor offered his comment that the proposed sign ordinance was unrealistic and he did not believe that the Borough could prohibit political
signs for state and federal elections on the state rights-of-way along Routes #35, #70 and #71. While the criminal charges in the Hawthorne case may have been resolved, Hawthorne had yet to craft a new ordinance that was acceptable to the A.C.L.U.; he believed that it was prudent to await that event and mirror their ordinance to avoid potential litigation.
Coun. Bolger asked the Mayor if the current ordinance was unconstitutional? He replied that it was. Coun. Bolger asked if the Borough would enforce the existing ordinance? The Mayor cited two recent newspaper articles and the opinion of a Rutgers Law Professor that the ordinance was flawed. He noted that a public hearing had been scheduled and a decision would be made at that time.
The Mayor then opened the meeting to the public and recognized Mary Lou Bolger, 2 Water's Edge, who wished to thank the DPW for their prompt attention to the repairs needed at the gazebo donated to the Borough by the Bayberry Garden Club. In addition to the structural repairs, the gazebo had been painted and the light replaced. Coun. Scott thanked Ms. Bolger for her kind words and offered to relay the sentiment to the DPW.
William Brannick, 805 Schoolhouse Road, asked if the Council would take a vote after the executive session?
The Administrator advised that it was a possibility, but not a certainty. Mr. Brannick asked what the topic was and he was advised that it regarding the potential sale of Borough Property.
Mr. Brannick also commented on the sign ordinance and recalled that some years ago he had had a Paul Capotorto sign on his property and had been advised by then Councilman Boyd Miller that in Brielle "we don't do signs". He offered that the Borough had come full circle.
Mayor Nicol noted that it was a "left-handed" complement to the Borough that the placement of political signs was a major issue.
Kevin Roddy, Raymond Shea and Steve DePaul of the Brielle Board of Education were recognized and they invited the Governing Body to attend "Back to School Night" on September 18th at 7:00 p.m.
Mr. Roddy also cited a public-private partnership between the Board of Education and the Elementary School along with the Brielle PTO and the Brielle Education Association that resulted in the purchase of eleven Prometheus Active Boards, one each for the lower grades and two for the seventh and eight grade classes.
The partnership also purchased a lap-top cart with thirty lap tops. This now provided the School with 3 carts and seventy-five lap-tops. The computer lab had also been upgraded with the addition of twenty-five desk tops.
The School had also created a Television Studio from where the student council could broadcast each morning to the television sets in each classroom. The camera had been purchased by the students with money raised at school events.
In closing, Mr. Roddy cited the Kindergarten through Grade 5 Literacy Program.
Coun. Bolger congratulated Mr. Roddy on the success of the partnership, and the generous contributions of all concerned, but he noted that, during his review of the failed school budget these items had been listed in the appropriations. Since an alternative funding source had been found, then the monies appropriated were saved. Coun. Bolger asked what the Board intended to do with the money saved and if they were taking steps to avoid duplication of effort?
Mr. Roddy explained that the PTO & Educational Association spent $15,000. The total cost was $45,000, the balance came from the budget and it was intended to repeat this process over the next two budget cycles.
Coun. Bolger asked what line items were impacted and Mr. Roddy advised that he did not have a budget with him. Coun. Bolger reiterated that he was gratified at the success of the effort, but felt that there should be better coordination of effort in the future to avoid the need to raise funds through taxation.
Coun. Nolan observed that the money in the budget was "seed money" that permitted each partner to contribute to the total required; he congratulated the Board for that effort.
Dave Dupre, 1023 Riverview Drive, advised the Council that he had once been asked to place a garage sale sign on his property on behalf of a neighbor. The Code Enforcement Officer made him remove it as the sale was not being held at his location. Mr. Dupre asked if there were regulations why were they not being enforced? He cited various advertising signs along the state highways that he believed were placed there by firms who operated for profit.
The Administrator advised Mr. Dupre to call the Code Enforcement Officer if he observed such signs within the boundaries of Brielle.
Coun. Nolan, seconded by Coun. Garruzzo, introduced Resolution 08-80 to authorize an Executive Session.
Vote: Coun. Bolger, Garruzzo, Nolan & Scott; all aye. No nays. Passed.
Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and Whereas, the Borough Council of the Borough of Brielle is of the opinion that such circumstances currently exist. Now Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on August 25th, 2008, as follows:
1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
2. The general nature of the subject matter to be discussed is as follows:
"Potential Sale of Municipal Property".
3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.
The Executive Session began at 8:01 p.m. and ended at 8:20 p.m. The session was adjourned on a motion by Coun. Scott, seconded by Coun. Garruzzo.
Attorney Montenegro explained that, while the Borough contemplated no action at this time, the matter was still under consideration and could be revisited at the conclusion of current litigation. At such time the minutes will be released to the public.
The meeting was adjourned at 8:22 p.m. on a motion by Coun. Nolan, seconded by Coun. Garruzzo.
Approved: September 8th, 2008 _______________________
Thomas F. Nolan Municipal Clerk