Matthew J. Doherty

Belmar OKs strict limits on eminent domain use

February 26, 2009

By FRAIDY REISS
COASTAL MONMOUTH BUREAU

The borough now boasts the strongest anti-eminent domain law in Monmouth and Ocean counties, Councilman Matthew J. Doherty declared.

Belmar earned that distinction, he said, when the Borough Council voted 4-1 Wednesday night to prohibit itself from seizing any property in a redevelopment area and selling it to a developer - despite a state eminent domain law that allows municipalities to do just that.

“It’s wrong to take private property and turn it over to a redeveloper for private gain,” Doherty said. “It’s a power that shouldn’t be available to municipal, county or state governments.”

The borough already had banned itself from seizing owner-occupied homes in redevelopment zones, under the terms of an ordinance Doherty introduced and the council adopted in 2007. But Belmar wanted to expand that ban to any type of property, even though right now the recession is delaying the borough’s plans to redevelop its downtown, Doherty said.

“At some point, the economy is going to come back, and there is going to be redevelopment in Belmar,” he said. “So this (ban) will already be in place.”

Patricia Tecza, owner of Nostalgic Nonsense Vintage Clothing on Main Street, was among dozens of local business owners who supported the council’s limiting its own power of eminent domain. For the last decade and a half, she said, she has been stuck on a “roller coaster,” wondering whether the borough will seize the property her store has occupied since 1993.

The awning outside Nostalgic Nonsense should have been replaced six years ago, but she held off, reluctant to invest in a storefront that might get torn down in the name of redevelopment, she said.

“Why would I go spend a lot of money on an awning when I don’t know what the town’s going to do?” Tecza asked.

Only now that the council has committed not to invoke its power of eminent domain will she move ahead with improving her business, she said.

The dissenting council vote came from Councilman Richard J. Wright, the only Republican on the governing body, who called the eminent domain ban “silly.” The state Supreme Court recently issued a decision regarding Paulsboro in Gloucester County that “essentially ended” government’s right to seize land for redevelopment, he said.

“Since that court has already spoken on this issue, to pass a local ordinance saying we’re not going to use eminent domain is totally unnecessary,” Wright said. “I don’t believe we should be passing laws that are unnecessary.”

Doherty, his fellow councilman, countered that the Supreme Court decision helps only those businesses that can hire a lawyer to fight eminent domain proceedings, as Freedman’s Bakery and the Belmar Mall have done successfully.

“You have to have the money to go to court,” Doherty said. “If you’re a regular business owner in town and you don’t have those deep pockets, what do you do?”

DOHERTY ANNOUNCES BID FOR RE-ELECTION

Belmar Councilman Fights to Keep Property Taxes Stable, Improve Quality of Life

 BELMAR - Councilman Matt Doherty announced today his intention to seek re-election this November, citing his accomplishments in improving the quality of life for borough residents and laying out his agenda for a second term.

 “I am honored to have the opportunity to serve the families of Belmar, and I look forward to continuing my service,” Doherty said. “From keeping property taxes stable, searching for shared services with other communities, protecting private property against eminent domain, increasing the public’s right to know about financial campaign contributions and securing a generator for our seniors, I will never stop working for Belmar.”

Doherty has focused significant time in his first term to the accessibility and quality of life of Belmar - from promoting infrastructure projects in town to creating accessibility for seniors, the disabled and families with strollers with the blue MOBI mats on the beach.  He has also fought for Belmar’s business owners, such as advocating the successful “Buy in Belmar” campaign during this past holiday season and writing the ordinance to protect businesses from eminent domain two years after spearheading passage of a similar ordinance to protect private homes in Belmar.

Doherty’s work on the Council drew acclaim from an array of elected officials.

“Matt is an incredibly hard worker who always puts the people’s interest first,” said Mayor Ken Pringle. “He is a great asset to the Council, and I am impressed at how much he has accomplished in his first term.

Council President Merry Brennan said: “We need Matt Doherty on Council. He has the energy and passion required to make Belmar a great place to raise a family.”

“I love working with Matt,” said Councilwoman Claire Deike. “He gives his heart and soul to Belmar, and his commitment to the people he serves is second to none.”

U.S. Rep. Frank Pallone, D-N.J. praised Doherty as having done “a tremendous job in a very short period of time. Matt is tireless advocate for the people of Belmar.  He was persistent about getting the generator for the Belmar Senior Building and without him it may never have happened.”

In his second term, Doherty promises to work to revitalize our Main Street area, promote shared services agreements to save tax dollars, increase access to the beach, improve our Library, enhance our Harbor, and continue to ensure Belmar is a model of open and transparent government.

Doherty said, “I look forward to going door to door this year and talking with my bosses - the people of Belmar - about how we can confront the unprecedented challenges we face and keep Belmar a great place to live, raise a family and retire.”

Councilman Doherty currently serves on the following Committees: Harbor Commission, Planning Board, ADA Committee (Coordinator), Council Finance Committee, Council Public Safety Committee. He lives on Inlet Terrace with his wife, Maggie, and their two children, Hannah (age 4) and Claire (age 1). Professionally, he is a Securities Licensed Financial Services Professional with MassMutual Financial Group and owner of Doherty Mortgage located on 10^th Avenue in Belmar.

Borough debates stronger smoking law for beaches, boardwalk

February 21, 2009

CHRISTINA VEGA
COASTAL MONMOUTH BUREAU

If smokers want to protect their right to light up a cigarette on the borough beaches and boardwalk, they need to pick up their butts.

The Borough Council is considering a smoking ban proposed by its environmental commission largely due to the high amounts of cigarette litter in the dunes, on the boardwalk and beaches.

“Go by any bench on the boardwalk, any bench, and count the butts. If you don’t see any, just nudge the sand with your toe and I guarantee you will find cigarette butts. It is virtually every single place and it’s unsightly,” Mayor Kenneth E. Pringle said at a special public hearing this afternoon.

Carol Davies, chairwoman for the environmental commission, presented the main concerns of the commission and offered facts from several resources about secondhand smoke and the effects of litter.

“Exposure to secondhand smoke within a few feet of someone smoking outdoors can be as high as exposure to secondhand smoke in an enclosed space,” she said. “Studies have shown that in beach cleanups that cigarette butts are the number one form of litter.”

Pringle added cigarette butts are one of two items that the beachraker does not pick up - the other being plastic straws.

In 2001, Belmar was the first Shore town to enforce a partial smoking ban on the beaches. The borough now has designated areas every 400 feet on the beach for smoking. Beachgoers are permitted to smoke within a 50-foot radius of the signs or face a $25 fine. Litterers can face a fine of $100 and two days of community service.

Changes to the smoking law that the council is considering include banning smoking on the beaches and boardwalk, limiting smoking to only certain beaches or just the boardwalk or amending the designated smoking areas.

“The issue is trying to balance rights. The hard part of this job is trying to strike the right balance between what’s fair and right and what’s not,” Pringle said. “I’m looking for some interim way to improve upon what we have and not an outright ban.”

Some 50 residents gathered in the municipal courtroom for the meeting to voice concerns regarding the ban. Most residents agreed a complete ban of smoking on the beaches is unrealistic and would be an infringement on the rights of smokers.

“The purpose of this smoking ban is not to protect the public from the fictional harms of secondhand smoke in open spaces. Rather, it supports smokers to comply with the nonsmoking majority’s view of the ideal citizen,” said Eileen Thiede, of Tenth Avenue, who added she doesn’t smoke anymore.

On the other hand, nonsmoker Bart Yarnold of Inlet Terrace said he lost his father to lung cancer, mostly from secondhand smoke, and thinks smoking on the beaches should be banned completely.

“We have to educate the smokers that their butts are litter. I don’t think they understand,” Yarnold said. “I believe in people’s rights, but when it infringes on me, my children and my children’s children, then I have a problem.”