www.briellenj.com
A Community by the River

Borough of Brielle, NJ


April 13, 2009

June 05 2009

April 13, 2009

PAGE 37

MINUTES APRIL 13TH, 2009 WORK SESSION START: 7:35 P.M.

PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUN. NOLAN & VISCEGLIA.

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.

The Mayor then read the following Proclamation (see insertion).

After reading the proclamation the Mayor noted that Public Works Superintendent Burkhardt was so impressed by the way the participants had cleared the park of eggs; he planned to hire them to keep the park free of litter.

There being no further comments the work session was adjourned at 7:40 p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.

PAGE 38

MINUTES: APRIL 13th, 2009 START: 7:31 P.M.

PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, SCOTT & SHAAK ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUN. NOLAN & VISCEGLIA.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 9th, Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Shaak; all aye; no nays. Passed. (Note: Coun. Gorham abstained).

Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 09-44 for Passage of the Consent Agenda.

Resolutions:

A. (see insertion).
B. To appoint Chief Municipal Finance Officer Steven Mayer as the Borough of Brielle's Certified Purchasing Officer.
C. (see insertion).
Motions:

Vote: Coun. Garruzzo, Gorham Scott & Shaak; all aye. No nays. Passed.

(Note: William Brannick, 805 Schoolhouse Road, asked for an explanation of "A". The Administrator replied that it expanded the E.P.L. training requirements regarding workplace harassment and other civil rights violations to Volunteer Organizations. This was due to a recent court case herein the Judge ruled that Municipalities were responsible for the behavior of those volunteer groups who received municipal support.

At this juncture Mayor Nicol appointed Coun. Scott & Shaak to the Finance Committee for purposes of this meeting.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 09-45 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 April 13th, 2009, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Scott & Shaak; all aye. No nays. Passed.


Resolution No: 09-44-A Date: April 13th, 2009

Borough of Brielle
Model Local Unit Civil Rights
Resolution
A RESOLUTION TO AFFIRM THE BOROUGH OF BRIELLE'S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS

WHEREAS, it is the policy of the Borough of Brielle 'to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law' against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act, and

WHEREAS, the governing body of Borough of Brielle has determined that certain procedures need to be established to accomplish this policy


NOW, THEREFORE BE IT ADOPTED by the Mayor & Council that:

Section 1: No official, employee, appointee or volunteer of the Borough of Brielle by whatever title known, or any entity that is in any way a part of the Borough of Brielle shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person's constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Borough of Brielle's business or using the facilities or property of the Borough of Brielle.

Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough of Brielle to provide services that otherwise could be performed by the Borough of Brielle.

Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.

Section 4: The Business Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.

Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.

Section 6: The Business Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough of Brielle as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.
Section 7: The Business Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.

Section 8: At least annually, the Business Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough of Brielle. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough of Brielle's web site.

Section 9: This resolution shall take effect immediately.

Section 10: A copy of this resolution shall be published in the official newspaper of the Borough of Brielle in order for the public to be made aware of this policy and the Borough of Brielle's commitment to the implementation and enforcement of this policy.








_____________________
Thomas F. Nolan
Municipal Clerk

Model General Complaint Procedure:

Any individual who observes alleged wrongdoing on the part of officials, employees, or volunteers associated with the Borough of Brielle may report such action using this procedure. This includes any action the individual believes to constitute harassment, sexual harassment, or any other wrongdoing. Employees of the Borough of Brielle shall follow the Employee Complaint Procedure. All other individuals including volunteers and members of the public may report the alleged wrongdoing to the head of the applicable department or volunteer organization, or, if they prefer, or do not think that the matter can be discussed with the head of the applicable department or organization, they should contact the Business Administrator or the Borough Attorney.

Reporting of such incidents is encouraged both when an individual feels that he or she is subject to such incidents, or observes such incidents in reference to other individuals. The report or complaint should be in writing, but individuals may make a verbal complaint at their discretion. If an individual has any questions about what constitutes harassment, sexual harassment, or any other workplace wrongdoing, they may ask their supervisor or one of the individuals listed above. All reports of harassment, sexual harassment, or other wrongdoing will be promptly investigated by a person who is not alleged to be involved in the alleged harassment or wrongdoing.

No individual will be penalized in any way for reporting a complaint. There will be no discrimination or retaliation against any individual who files a good-faith harassment complaint, even if the investigation produces insufficient evidence to support the complaint, and even if the charges cannot be proven. There will be no discrimination or retaliation against any other individual who participates in the investigation of a complaint.

If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action will be swiftly pursued. Disciplinary action up to and including discharge will also be taken against individuals who make false or frivolous accusations, such as those made maliciously or recklessly. Actions taken internally to investigate and resolve harassment complaints will be conducted confidentially to the extent practicable and appropriate in order to protect the privacy of persons involved. Any investigation may include interviews with the parties involved in the incident, and if necessary, with individuals who may have observed the incident or conduct or who have other relevant knowledge. The complaining individual will be notified of a decision at the conclusion of the investigation within a reasonable time from the date of the report an incident.

Resolution No: 09-44-C
Date: April 13th, 2009

Borough of Brielle Resolution

Approved:

WHEREAS, there exists a Tax Title Lien number 2008-07 on property located at 3 MARINERS BEND, owned by THORNBURG MTG HOME LOANS and known as Block 120 L 9.03 C0003 , and

WHEREAS, this lien has been redeemed by THE AFOREMENTIONED.

NOW, THEREFORE, BE IT RESOLVED that checks be drawn for the lien holder. The first in the amount of $5644.01, made payable to ELLEN HALL for redemption of this lien.

The second for $2,100.00 for repayment of premium bid at sale.


_____________________
Thomas F. Nolan
Municipal Clerk



February 17, 2009

The Honorable Cart Gorham Councilman, Borough of Brielle
601 Union Lane
Brielle, NJ 08730

Dear Councilman Gorham:

I am contacting you on behalf of the Monmouth County Association of REALTORS® (MCAR), South Monmouth Board of REALTORS (SMBR) and New Jersey Association of REALTORS® (NJAR®) concerning, Brielle's municipal code prohibiting the placement of open house signs the public right-of-way. MCAR, SMBR and NJAR® believe that not permitting temporary signs on public rights-of-way to promote open houses makes it more difficult to sell or buy homes in town.

According to the 2008 Profile of New Jersey Home Buyers and Sellers prepared by the National Association of REALTORS® (NAR), 56% of home buyers identified open houses as a, tool used in their home purchase process. In addition, 10% of New Jersey buyers identified open house signs as the way .that-they found the home which they eventually purchased. Furthermore, between 2003 and 2008, the number of buyers who identified open houses as a useful information source in the home purchase process has increased from 59.1% to 93%.

According to a recent NAR report, when a home is sold in New Jersey, income generated from real estate related industries and additional expenditures such as furniture and appliances totals nearly $40,000. It is realistic to assume that a portion of this amount is spent in the area where the home is. By restricting where open house directional signs can be placed, there may be a corresponding negative impact to the local economy because it is more difficult to buy and sell property in town.

Over the past few months, NJAR® has worked with numerous municipalities to permit the placement of temporary, open house directional signs. Recognizing the importance of open houses to those who are either trying to buy or sell property in these difficult economic times, municipalities including Hillsborough, Edison, Metuchen, Carteret, Seaside Park, Oceanport, Little Silver and Bridgewater have either changed or are working to change their respective ordinances.

In 2008, the Hillsborough Township Committee approved an ordinance permitting temporary, open house signs on the public right-of-way solely between the hours of 11:00 a.m. and 6:00 p.m. on the day of an open house. In Edison and Metuchen, REALTORS® reached agreements with the municipalities where temporary, open house signs would be permitted on the public right-of-way solely on the day an open house is occurring between certain hours. In these and other municipalities, REALTORS® worked with governing bodies to reach agreements to benefit those trying to sell or purchase homes while preserving the municipality's ability to maintain an environment free of sign clutter.

MCAR, SMBR and NJAR® understand that there are times when there are too many signs placed in a municipality from all different types of organizations. However, we also believe that because of the nature of the real estate business and the fact that so many people use open houses, it is beneficial to both the local real estate industry and residents of Bridle looking to buy or sell property to permit these signs.

On behalf of MCAR, SMBR and NJAR®, I would like to request a meeting with you, any interested members of the Council as well as any appropriate municipal officials so that we may discuss this important matter. I will be contacting your office in the near future to discuss setting up a meeting at a mutually convenient time. In the meantime, please do not hesitate to contact me directly at (732) 494-4713 or bshapiro@njar.com.


Sincerely,
Bruce S. Shapiro
Local Government and Regulatory Affairs' Coordinator


cc: Donald Willis; Executive Vice President, Monmouth County Association of REALTORS®
Glenn Mills, President, Monmouth County Association of REALTORS®
Catherine Schwier-Mencer, Executive Vice President, South Monmouth Board of REALTORS®
Helena Loelius, President, South Monmouth Board of REALTORS®



Open House Facts

· In 2003, 59% of buyers identified open houses as a useful information source. In 2008, this number increased to 93%.

· In addition, in 2008:

1 56% of buyers in New Jersey identified open houses as a tool used in the home purchase process.
¨ 10% of NJ buyers identified open house/yard signs as the way they found the home they eventually purchased.

Source: 2003 and 2008 Profiles of NJ Home Buyers and Sellers National Association of REALTORS®

The following either have worked with or are currently working to permit temporary, open house directional signs:

¨ Bridgewater- Somerset County
¨ Carteret- Middlesex County
¨ Edison- Middlesex County
¨ Franklin Lakes- Bergen County
¨ Manasquan- Monmouth County
¨ Metuchen- Middlesex County
¨ Hillsborough- Somerset County
¨ Little Silver- Monmouth County
¨ Oceanport- Monmouth County
¨ Rumson- Monmouth County
¨ Seaside Park- Ocean County
¨ Tenafly- Bergen County
¨ Woodbridge- Middlesex County

As of April 13, 2009, there are 83 residential listings in Brielle, according to the Monmouth-Ocean Multiple Listing Service.

ORDINANCE NO.

AN ORDINANCE OF THE BOROUGH OF OCEANPORT, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY AMENDING CHAPTER 390 OF THE CODE OF THE BOROUGH OF OCEANPORT, ENTITLED "ZONING"

ARTICLE VI: SUPPLEMENTARY USE REGULATIONS: BE IT ORDAINED by the Mayor and Council of the Borough of Oceanport that Chapter 390 Article VI: Section 390-27 "SIGNS" is hereby amended to include the following:

(4) Lease, Sale or Open House Signs:

(a) Temporary signs pertaining to the lease or sale of the same lot or building on which it is placed, provided that the above signs shall not exceed eight square feet in area, shall not be illuminated and shall not project beyond the property lines, All temporary signs shall be removed within 180 days from the date installed . Itt no case shall real estate signs indicate property sold, foreclosure or bank owned.

(b) In addition to the signs permitted under Subsection A(4)(a) of this section, there shall also be permitted three temporary signs advertising an open house in connection with the sale of any residential dwelling, subject tot the following restrictions:

I. One sign only shall be placed on the lot or building being sold and two directional signs may be placed off site Directional signs may be placed in the public right of way barring they does not block a site triangle, but shall not be placed on private property owned by another person without the owner's written permission.

2. The signs hereby authorized shall not be larger then 18 inches by 24 inches, and the top of each such sign shall not be higher then 42 inches above the ground, which includes anything tied to the sign such as balloons or other materials that could obstruct views for traffic safety. If the open house is being conducted by a real estate licensee all signs shall contain the name, business office address and telephone number of such real estate licensee.



ORDINANCE 2008-28

AN ORDINANCE AMENDING CHAPTER 188 (DEVELOPMENT
REGULATIONS), SECTION 83 (SIGN DESIGN STANDARDS AND CRITERIA)
OF THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF
SOMERSET, STATE OF NEW JERSEY TO REVISE THE SIGN
REGULATIONS TO PERMIT TEMPORARY BUSINESS ADVERTISING
SIGNS, AS WELL AS CLARIFYING RELATED SIGN REGULATIONS
INCLUDING, SIGNS IN APPROVED SIGN MANUALS AND THE POWERS OF
THE SIGN REVIEW COMMITTEE

BE IT ORDAINED by the Township of Hillsborough, County of Somerset, State of New Jersey as follows:
I. Chapter 188, Section 83 B of the Code of the Township of Hillsborough shall be amended to include the following:
(3) The sign regulations for the Town Center (TC), Gateway A (GA) and Gateway B (GB) Districts shall be referenced in the following Sections:

(a) GA District- refer to Section 113.1 H.
(b) GB District- refer to Section 113.2 H.
(c) TC District- refer to Section 113.5 J.

2. Chapter 188, Section 83 F(3) of the Code of the Township of Hillsborough shall be amended as follows:
(3) Commercial billboards, portable signs, including sidewalk signs, Aframe signs and off premises commercial signs unless otherwise permitted in this Section.

3. Chapter 188, Section 83 F(6) of the Code of the Township of Hillsborough shall be amended as follows:
(6) Signs erected within or over the right-of-way of any public street, except as provided in Section G(13).

4. Chapter 188, Section 83 G(5) of the Code of the Township of Hillsborough shall be amended as follows:


(5) A single ground sign for public and semipublic facilities, such as schools, churches, hospitals, libraries and public recreation facilities. Such sign shall not exceed forty (40) square feet in area or fifteen (15) feet in height.

5. Chapter 188, Section 83 G(13) of the Code of the Township of Hillsborough shall be amended as follows:

(13) Wayfinding directional signs may be located along any public right-ofsubject to initial approval by the Sign Review Committee (see Section P), Planning Board or Board of Adjustment, as appropriate, and final approval by the Township Committee, Somerset County or the State of New Jersey depending on the ownership of the particular right-of-way, as appropriate. The Township shall establish final determination as to the location, design, height, color and all other aspects associated with wayfinding signs. Wayfinding signs shall not exceed four (4) square feet on each of up to two (2) sign faces and must be attached to a pole in a secure manner. The sign design must be coordinated with other wayfinding signs. Wayfmding signs may only contain a text or logo and directional arrow(s) indicating the location of a building or particular group of buildings. Except for municipal buildings and municipal facilities, a total of two (2) wayfinding signs per establishment may be located in the Township.

6. Chapter 188, Section 83 H(l) of the Code of the Township of Hillsborough shall be amended as follows:

(c) All real estate advertising signs shall be located on the property being advertised and be located not less than ten (10) feet from any street curb or paved roadway area and shall not be located within any sight triangle, except as provided for in Subsection H(1)(d) below.

(d) Temporary real estate "open house" signs may be displayed on the day of the open house between the hours of 11 am to 6 pm. These signs may be located in the public right-of-way but not on any street, sidewalk or sight triangle.

7. Chapter 188, Section 83 H(2) of the Code of the Township of Hillsborough shall be amended as follows:

(b) Signs associated with any educational, charitable, civic, religious or like public or semi-public event shall be permitted in all zone districts, shall not exceed twelve (12) square feet in area and shall not be located within a designated sight triangle. Such signs are not permitted to be displayed for more than fifteen (15) days and must be removed within ten (10) days after the conclusion of the event.


8. Chapter 188, Section 83 H(6) of the Code of the Township of Hillsborough shall be amended as follows:

(6) Temporary signs may be permitted for grand openings upon application to the Zoning Officer and payment of the applicable fee. No single establishment shall be permitted more than one (1) grand opening sign. Signs must be placed on the subject property for a period not to exceed thirty (30) days and may be either secured to the ground or securely attached to the establishment. A sign attached to the establishment may be a banner. Grand opening signs shall not exceed twenty four (24) square feet in area.

9. Chapter 188, Section 83 H of the Code of the Township of Hillsborough shall be amended to include subsection (8) as follows:

(8) Except where a freestanding sign is provided pursuant to Section 188-83 J(5)(d) and Section 188-83 K(4)(e), two (2) temporary business advertising signs are permitted per establishment per calendar year upon application for a temporary sign permit and payment of the application fee in order to provide temporary or seasonal advertising for that establishment provided that:

(a) The temporary sign shall not exceed four (4) square feet in area and four (4) feet in height.

(b) The temporary sign shall be affixed to the ground on the subject property of the establishment requesting the sign.

(c) The temporary sign shall not be located on a public sidewalk, in a public right-of-way, easement or sight triangle.

(d) The temporary sign shall not be illuminated.

(e) The temporary sign must be removed thirty (30) days after the temporary sign permit is issued by the Township.

(f) The temporary sign permit must be accompanied by written authorization by the property owner if other than the applicant.

(g) No temporary sign shall be affixed to any tree, utility pole or other sign.

(h) No temporary sign shall utilize neon, moving parts, electronic or digital displays or changing message board, or any streamers or banner, except for banners permitted as part of grand openings pursuant to subsection 11(6).


10. Chapter 188, Section 83 H (Sign Design Standards and Criteria) of the Code of the Township of Hillsborough shall be amended to include the following:

(9) Sidewalk and A-frame signs are permitted on or directly adjacent to a sidewalk or walkway in any commercial development, but shall not be placed in any public right-of-way or sight triangle or impede vehicular or pedestrian traffic in any way. Such signs shall not exceed eight (8) square feet per sign face or two (2) feet in width.

11. Chapter 188, Section 83 1(4) of the Code of the Township of Hillsborough shall be amended to include the following:

(4) Each proprietor shall be entitled to the use of a projecting or hanging sign or freestanding or wall sign. Projecting or hanging signs shall be building mounted with a vertical clearance of not less than eight (8) feet, shall not exceed six (6) square feet and may be double sided. Freestanding signs shall not exceed twenty four (24) square feet or five (5) feet in height. Appropriate landscaping shall be incorporated into any freestanding sign. Wall signs shall not exceed ten (10) square feet or five (5) feet in height.

12. Chapter 188, Section 83 J(5) of the Code of the Township of Hillsborough shall be amended to include the following:

(5) In addition to the above signs, each developed parcel of land may be permitted one (1) freestanding sign for each street frontage, each sign not exceeding forty (40) square feet in area and not exceeding fifteen (15) feet in height, and shall contain the name of the project and the street number and may contain a directory-of -occupants occupying no more than eighty five percent (85%) of the total sign area.

(c) All freestanding signs shall include a planting scheme approved by the Township Planner.

(d) Temporary, seasonal advertising and/or help wanted signage may be attached to any freestanding sign approved pursuant to this Section. The temporary sign attachment must be located within the envelope of the permitted sign and shall not exceed ten (10) square feet in area and must be placed on a designated location on the permitted freestanding sign.

13. Chapter 188, Section 83 J(8) of the Code of the Township of Hillsborough shall be amended as follows:

(8) Temporary window signs may be located and displayed on the inside of ground floor windows of business uses. Such signs shall not exceed fifty percent (50%) of each window area.

14. Chapter 188, Section 83 J(12) of the Code of the Township of Hillsborough shall be amended as follows:

(12) Sidewalk and A-frame signs are permitted on or directly adjacent to a sidewalk or walkway in any commercial development but shall not be placed in any public right-of-way or sight triangle or impede vehicular or pedestrian traffic in any way. Such signs shall not exceed eight (8) square feet per sign face or two (2) feet in width.

15. Chapter 188, Section 83 K(4) of the Code of the Township of Hillsborough shall be amended as follows:

(4) Each property may display one (1) freestanding sign for each street frontage, each sign not exceeding forty (40) square feet in area and fifteen (15) feet in height and shall contain the name of the project and the street number and may contain a directory-of-occupants occupying no more than eighty five percent (85%) of the total sign area.

16. Chapter 188, Section 83 K(4)(e) of the Code of the Township of Hillsborough shall be deleted and a new section added as follows:

(e) Temporary, seasonal advertising and/or help wanted signage may be attached to any freestanding sign approved pursuant to this Section. The temporary sign attachment must be located within the envelope of the permitted sign and shall not exceed ten (10) square feet in area and must be placed on a designated located on the permitted freestanding sign.

17. Chapter 188, Section 83 L(2) of the Code of the Township of Hillsborough shall be amended as follows:

(2) The Sign Review Committee may adjust the applicable sign
limitations of Subsections G, I, J or K of this Section by
permitting an increase in the required sign height or sign area of an existing sign by no more than fifty percent (50%) and not more than one (1) additional permanent sign than permitted. The approving authority may consider all other sign waiver requests resulting in increased sign height or sign area by more than fifty percent (50%) or more than one (1) additional permanent sign than permitted. For good and sufficient reasons, the Sign Review Committee and the approving authority may vary and/or waive sign design criteria as they may apply to a specific development.

18. Chapter 188, Section 83 L(3)(d) of the Code of the Township of Hillsborough shall be amended as follows:

(d) In order to ensure compliance with these design criteria for all new multi-occupancy nonresidential development the following procedure shall be followed:

[1] Property Sign Manual. Each owner of a proposed multi occupancy nonresidential structure or development shall prepare a Property Sign Manual containing sign standards for all signs associated with the property. These standards shall conform to the design criteria contained herein, including color, size and shape, lettering style and sign location, to the extent practicable.

[2] If the Property Sign Manual proposes a sign which does not comply with this Section, it shall be submitted for approval to the Planning Board or Board of Adjustment, as appropriate, for the necessary waivers. If the proposed Property Sign Manual is acceptable to the reviewing Board, it shall be so certified and
shall supercede the sign regulations contained herein, and remain on file in the Planning Department office.

[3] As each subsequent sign change or new sign application is requested for a specific property that has a certified Property Sign Manual, said application shall be reviewed by the Sign Review Committee (see Subsection P) where it has been determined that the proposed sign change or new sign does not conform to the sign design criteria contained hi the Property Sign Manual.

19. Chapter 188, Section 83 M(4) of the Code of the Township of Hillsborough shall be amended to read as follows:
(4) In the case of signs and advertising structures relating to nonconforming uses (uses located in a zone where such uses are not permitted by the Zoning Ordinance), except in the GA, GB and TC Districts, the Zoning Officer shall make a determination of the zone where such use would be permitted and shall then apply the standards and requirements in the section for that zone; signs meeting those standards and requirements shall be considered to be conforming signs.
20. Chapter 188, Section 83 P(4) of the Code of the Township of Hillsborough shall be amended as follows:

(4) Applications for sign waivers, not involving a site plan, subdivision, conditional use or variance that was approved less than ten (10) years previously from the date of the adoption of this Ordinance, shall be forwarded by the Planning Department to the Sign Review Committee for its review and decision. It shall be the responsibility of the Sign Review Committee to schedule a review of applicable sign waiver applications and to make decisions regarding these applications within 45 days of the submission of a complete application or automatic approval will be granted, unless the applicant consents to an extension of time for a decision.

21. Severability. If any provisions of this ordinance shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions, which shall be deemed severable there from.

22. This ordinance shall take effect immediately upon passage and publication according to law.




_____________________________ __________________________
Kevin P. Davis, Township Clerk Mayor Anthony Ferrera
Introduced: August 12, 2008
Published: August 21, 2008 Public Hearing: September 9, 2008 Adoption: September 9, 2008 Published: September 18,2008



Page 39

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "CALENDAR YEAR 2009, AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK".

The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Scott.

The Administrator explained that the ordinance permitted the Borough to increase its CAP appropriation to 3.5% and that was essential to permit the introduction of the 2009 municipal budget.

William Brannick, 805 Schoolhouse Road, asked if the increase was in addition to the projected two cent tax increase in the proposed budget? The Administrator advised that the budget had anticipated the passage of the ordinance.

The hearing was closed on a motion by Coun. Scott, seconded by Coun. Garruzzo.

Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 09-46 for passage on final reading of the foregoing ordinance. Vote: Coun. Garruzzo, Gorham, Shaak & Scott; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Gorham, introduced Resolution 09-47 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Garruzzo, Gorham, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised the public that clean-up week would be held the week of April 27th through May 1St. The rules remained the same, construction debris from household projects would be taken, but not from commercial projects. Concrete would not be taken. A detailed list of eligible items was available on the web-site.

On Saturday, June 13th, between the hours of 9:00 am and 1:00 pm, the Borough would conduct another "shredding day". All paper could be disposed of in a confidential manner and staples and paper clips need not be removed. Cardboard Ring Binders, however, could not be accepted. Residents were free to place their confidential items in the shredder and they could watch them destroyed through a viewing glass portal. Assistance was available to help unload vehicles.

Coun. Scott also cited a proposed clean-up of the Glimmer Glass area by Clean Ocean Action, but the date was not certain at this time; it would either be April 18th or April 25th.

Coun. Garruzzo had no report, but he thanked the Cub Scouts, Parents and Brielle Fire Company No. 1, for their support of the annual Spaghetti & Meat Ball Dinner. Coun. Garruzzo added that a hundred pounds of pasta was served to a crowd estimated between three and four hundred.


Page 40 13th April 2009

Coun. Shaak advised that the finalization of the Route #35 Bridge project had been delayed by two weeks, but stripping was scheduled for April 20th and the project would be completed in advance of the summer season.

Coun. Shaak also noted that the 2008 Road Improvement Program was nearing completion. Pearce Lane, Cherokee Lane, Isham Circle, Gull Lane, Brown Street and Belaire Road had been repaved along with a number of drainage improvements. He added that the drainage improvements in Brielle Park that were intended to alleviate a drainage problem in the area of Bradley Avenue & Morgan Parkway was still being addressed.

Coun. Gorham had no report, but he praised the Board of Recreation for an outstanding job with the Easter Egg Hunt.

Mayor Nicol opened the meeting to the public and recognized Keith McEligot, 615 Brielle Avenue, and asked Coun. Scott what was the cost for the shredding day?

Coun. Scott advised that Monmouth County was hosting the event and there was no cost to the Borough. She added that last year the estimated cost was $800 (4 hours @ $200 per hour.

Bruce S. Shapiro, New Jersey Association of Realtors, 295 Pierson Avenue, Edison, NJ, was recognized and he urged the Council to review the existing sign ordinance and its restrictions on directional open house signs. Mr. Shapiro summarized a formal statement that was distributed to the Council and is hereby made part of the record (see insertion).

Mayor Nicol noted that the current ordinance had been a response to public concern over what was termed "landscape litter". The people had spoken and the Governing Body had responded. However, the Mayor was willing to refer the matter to the Community Development Committee for a recommendation to Council. The Chair promised that the Administrator would advise Mr. Shapiro of their recommendation.

William Brannick, 805 Schoolhouse Road, asked if the budget hearing was scheduled for the next meeting and if the C.M.F.O. and Auditor would be in attendance? The Administrator advised "yes". The hearing would be held on April 27th and it would be the first order of business.

There being no further comments the meeting was adjourned at 8:00 pm on a motion by Coun. Garruzzo, seconded by Coun. Scott.



_____________________
Thomas F. Nolan
Municipal Clerk

 

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