www.briellenj.com
A Community by the River

Borough of Brielle, NJ


January 9, 2006

October 27 2006

January 9, 2006

Page 7

MINUTES JANUARY 9th, 2006 WORK SESSION START: 7:30P.M.

PRESENT: Mayor Nicol, Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak. Attorney Montenegro & Administrator Nolan.

ABSENT: Coun. Bolger.

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who asked Council to add a resolution “M” to the consent agenda to permit the hiring of Beau Liquori of Manasquan as a Driver Class III for the Public Works Department. Council gave their authorization.

The session was adjourned at 7:31 p.m. on a motion by Coun. Lenzen seconded by Coun. Garruzzo.


Page 8

MINUTES JANUARY 9th, 2006 MEETING START: 7:32 P.M.

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

ABSENT: COUN. BOLGER.

After a moment of silent prayer and a salute to the flag, Mayor Nicol opened the meeting in compliance with the Open Public Meetings Act and asked for a motion, made by Coun. Lenzen and seconded by Coun. Garruzzo, to accept and file the Minutes of the December 27th, 2005 Meeting and the January 3rd Organization Meeting. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-13 for passage of the Consent Agenda.

RESOLUTIONS
06-13-A (see insertion).
06-13-B (see insertion).
06-13-C (see insertion).
06-13-D (see insertion).
06-13-E (see insertion).
06-13-F (see insertion).
06-13-G (see insertion).
06-13-H (see insertion).
06-13-I to renew the Trailer Park License for Roar Management for calendar 2006.
06-13-J to renew the Trailer Park License for the Brielle Motor Court for calendar 2006.
06-13-K to approve the revised Employee Handbook.
06-13-L to renew the CDL Random Alcohol & Drug Testing Contract with Commerce Risk Control for calendar 2006.
06-13-M to authorize the hiring of Beau Liquori, 126 Atlantic Avenue, Manasquan, as a Class III Driver.

MOTIONS

None

All matters listed above were considered to be routine in nature by Council and were enacted by one resolution. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed





Resolution No: 06-13-A
Date: January 9th, 2006


RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Borough Attorney

WHEREAS, the Borough of Brielle has retained the services of the firm of Montenegro, Thompson, Montenegro & Genz, inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 9th day of January 2006, that;

1. Nicholas C. Montenegro of the firm Montenegro, Thompson, Montenegro & Genz is hereby retain by the Borough of Brielle as the Municipal Attorney for the fiscal year 2006 to perform to the terms of the Agreement between the Municipal Attorney and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined to exceed the $17,500.00 threshold.
4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A.19:44A-20-5.

5. The contractor is required to file a business Entity Disclosure Certificate with the Borough of Brielle.

6. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal budget.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A11:-5(1)(a)and (i) and N.J.S.A.19:44A-20.5.

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





________________________
Thomas F. Nolan
Municipal Clerk




Resolution No: 06-13-B
Date: January 9th, 2006

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Municipal Engineer; and


WHEREAS, the Borough of Brielle has retained the services of Alan P. Hilla, Jr. of Birdsall Engineering, Inc. inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 9th day of January 2006, that;


1. Alan P. Hilla, Jr., is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2006 to perform to the terms of the Agreement between the Municipal Engineer and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined to exceed the $17,500.00 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A.19:44A-20-5.
5. The contractor is required to file a business Entity Disclosure Certificate with the Borough of Brielle.

6. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal budget.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A11:-5(1)(a)and (i) and N.J.S.A.19:44A-20.5.

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





___________________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 06-13-C
Date: January 9th, 2006


RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Auditor; and
WHEREAS, the Borough of Brielle has retained the services of Robert A. Hulsart inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;
NOW, THEREFORE, be it resolved that as of this 9th day of January 2006, that;

1. Robert A. Hulsart, is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2006 to perform to the terms of the Agreement between the Auditor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A: 11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined to exceed the $17,500.00 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A.19:44A-20-5.

5. The contractor is required to file a business Entity Disclosure Certificate with the Borough of Brielle.

6. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal budget.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A11:-5(1)(a)and (i) and N.J.S.A.19:44A-20.5.

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





___________________________
Thomas F. Nolan
Municipal Clerk




Resolution No: 06-13-D
Date: January 9th, 2006


RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Municipal Prosecutor; and


WHEREAS, the Borough of Brielle has retained the services of James W. Holzapfel and the firm of Citta, Hozapfel, Zabarsky & Simon inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 9th day of January 2006, that;

1. James W. Holzapfel and the firm of Citta, Hozapfel, Zabarsky & Simon, is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2006 to perform to the terms of the Agreement between the Municipal Prosecutor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:II-5 (I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44A-20-5.

5. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with N.J.S.A.40A:11(1)(a) and (i).

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





___________________________
Thomas F. Nolan
Municipal Clerk





Resolution: 06-13-E
Date: January 9th, 2006

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Labor Counsel; and


WHEREAS, the Borough of Brielle has retained the services of James W. Holzapfel and the firm of Citta, Hozapfel, Zabarsky & Simon inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 9th day of January 2006, that;

1. James. W. Hozapfel, and the firm of Citta, Hozapfel, Zabarsky & Simon is hereby retained by the Borough of Brielle as its Labor Counsel for the fiscal year 2006 to perform to the terms of the Agreement between the Labor Counsel and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A: 11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44A-20-5.
5. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with N.J.S.A.40A:11(1)(a) and (i).

Certification
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





___________________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 06-13-F
Date: January 9th, 2006


RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Assistant Prosecutor; and


WHEREAS, the Borough of Brielle has retained the services of James D. Carton IV, Esq. inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 9th day of January 2006 that;

1. James D. Carton IV, Esq., is hereby retained by the Borough of Brielle as its Assistant Prosecutor for the year 2006 to perform to the terms of the Agreement between the Assistant Prosecutor and the Borough of Brielle.


2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A: 11-5 (1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.


3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined not to exceed the $17,500.00 threshold.


4. This contract is not subject to the provisions of N.J.S.A.19:44A-20-5.


5. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal Budget.
6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with N.J.S.A.40A:11(1)(a) and (i).

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





___________________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 06-13-G
Date: January 9th, 2006


RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes;
and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Public Defender; and


WHEREAS, the Borough of Brielle has retained the services of Gregory P. McGurkin, Esq., inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 9th day of January 2006, that;

1. Gregory P. McGurkin, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2006 to perform to the terms of the Agreement between the Public Defender and the Borough of Brielle.


2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.


3. The Chief Administrator Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined not to exceed the $17,500.00 threshold.


4. This contract is not subject to the provisions of N.J.S.A.19:44A-20-5.


5. Funds for payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal Budget.
6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with N.J.S.A.40A:11(1)(a) and (i).

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2006.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2006.





_________________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 06-13-H
Date: January 9th, 2006

RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE FINANCING OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE ATTACHED AGREEMENT (CONTRACT AWARDED WITHOUT COMPETITIVE BIDDING PURSUANT TO THE LOCAL PUBLIC CONTRACTS LAW, N.J.S.A. 40A:11-1 ET SEQ.), AUTHORIZED BY THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, NEW JERSEY.


WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds and other obligations and other matters relating to capital financing by the Borough of Brielle, County of Monmouth, New Jersey (herein the “Borough”); and

WHEREAS, such specialized legal services can be provided only by a recognized Bond Counsel firm, and the law firm of McLaughlin Gelson, LLC, Wall, New Jersey, are so recognized by the financial community; and

WHEREAS, the services to be performed are “professional services” as defined in the Local Public Contracts Law, N.J.S.A. 40A:11-2(6), and therefore are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.JS.A. 40A:11-5(1)(a)(i); and

WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; and

WHEREAS, funds are or will be available for this purpose.

NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY AS FOLLOWS:

1. That the Borough Council hereby appoints the firm of McLaughlin Gelson, LLC, Attorneys at Law, Wall, New Jersey, to serve as Bond Counsel to the Borough in connection with the financing of capital projects, and awards the contract which is annexed hereto and made a part hereof (the “Contract”), in accordance with N.J.S.A. 40A:11-1 et seq.

2. That the Mayor or other appropriate official of the Borough, on behalf of the Borough, is hereby authorized and directed to execute the Contract and the Clerk is hereby authorized and directed to attest to the execution of said Contract for professional services in connection with the preparation of all bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matters of capital and debt financing by the Borough.

3. That no appropriation of funds is required at this time, payment coming from the proceeds of the sale of bonds, bond anticipation notes and tax anticipation notes or similar obligations or from capital authorizations or other appropriate budgeted items in accordance with the attached Contract.

4. That this Contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), because legal services are a recognized profession licensed and regulated by law.

5. That a notice in accordance with this resolution and the Local Public Contracts Law, shall be published in the official newspaper or newspapers of the Borough.

6. That an executed copy of the Contract and a copy of this resolution shall be filed in the Office of the Clerk and be available there for public inspection in accordance with law.

7. That this resolution shall take effect immediately.

CLERKS CERTIFICATE

I, THOMAS F. NOLAN, Clerk of the Borough of Brielle in the County of Monmouth, New Jersey DO HEREBY CERTIFY that annexed hereto is a true and complete copy of a resolution adopted by the Borough Council of the Borough of Brielle at a duly convened meeting held on January 9th, 2006. Said resolution has not been amended or repealed and remains in full force and effect on this date.


IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of said Borough as of this 10th day of January 2006.

BOROUGH OF BRIELLE,
IN THE COUNTY OF
MONMOUTH, NEW JERSEY



______________________________
Thomas F. Nolan, Clerk
(SEAL)



Page 9

Prior to the passage of the resolution, in response to an inquiry by Coun. Nolan, Coun. Lenzen explained that Resolution “K” was a requirement of the Municipal Excess Liability Fund. Due to an increase in Employment Liability Claims the Fund was seeking to ensure that all members held their employees to a common standard.

In response to an inquiry by Jessie Eubank, 45D Mount Laurel Lane, Coun. Shaak concurred that the Brielle Motor Court remained unsightly, but the license was being renewed because there were no outstanding violations. He added that the renewal had been delayed in 2005 while both he and the Code Enforcement Officer had worked to bring the park up to code in terms of both potential fire hazards and the condition of the trailers. A number of trailers had been power-washed and painted as a result of that effort.

Coun. Garruzzo, seconded by Coun. Lenzen introduced Resolution 06-14 TO TRANSFER FUNDS. (see insertion). Vote: Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-15 TO PAY 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 Municipal Finance Officer, in the amount of same, for payment of the bills of January 9th, 2006, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; 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 Exceed the Municipal Budget Appropriation Limits and to establish a CAP Bank”.

Coun. Garruzzo, seconded by, Coun. Lenzen introduced Resolution 06-16 for passage on introduction and first reading of the foregoing Ordinance. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by, Coun. Lenzen, introduced Resolution 06-17 to authorize publication in the Coast Star for a hearing to be held on January 23rd, 2006, at 8:00 p.m. at Borough Hall. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol called for Committee Reports and Coun. Scott cited Councilman Elect Bolger’s recent surgery and added that she and the Council looked forward to working with him, the sooner the better.

Coun. Scott added that the Newsletters had arrived at the Post Office and would soon be in everyone’s home. Coun. Scott also encouraged the public to bring to her attention and to the attention of Superintendent Burkhardt any DPW related problems from pot holes to line of site issues.

In closing Coun. Scott related the story of a female senior citizen who lived alone and woke up to find two Brielle Police Officers in her bedroom. They had responded to her Medic Alert alarm Page 10

that had gone off by accident.

What Coun. Scott found interesting was not that the police responded in a timely manner, but they had accessed the house through a kitchen window without disturbing the woman’s collection of antique shot glasses and figurines that adorned the window sill. She felt that it spoke well of the force.

Coun. Shaak was pleased to report that after five years of making application, the Fire Company, through the efforts of Joe Harriman, would receive a $60,000 grant from FEMA to install a ventilation system in the truck bays. Coun. Shaak also noted that 2005 was the busiest year in the history of the Brielle Fire Company. The Company had answered 212 calls and logged 5000 man hours which included training exercises with the New York City and Asbury Park Fire Departments and other outside agencies. Coun. Shaak added that it was not all training as these hours also included Brielle Day and the haunted Hay Ride.

Coun. Shaak said that all in all 2005 had been a meaningful year characterized by hard work, but work well done.

Coun. Nolan was pleased to inform the public that the solicitation of quotes for the upgrade of the web site had resulted in one quote from Metro-Net in the amount of $4,015.00. The amount was within the anticipated budget amount and would be included in the 2006 municipal budget. Coun. Nolan also informed the assembly that the 2006 MRHC#I budget would be completed in February.

In conclusion, Coun. Nolan cited the retirement of Ruth Connolly who had served with distinction on the Brielle Board of Adjustment for 20 years; he had been privileged to work with and complemented her on her dedication to the Board. Coun. Nolan also congratulated Coun. Shaak and the Fire Company for obtaining the FEMA grant.

Coun. Garruzzo noted that the Auditors had arrived and the 2006 budget season was underway. He also reminded the public that Assemblyman Kean would be holding a meeting at the Curtis House on January 24th at 7:00 p.m.. The session promised to be informative and he urged the public to attend.

Coun. Lenzen had no report, but added his congratulations on the grant. Mayor Nicol asked why nobody mentioned clean-up week and Coun. Scott replied that it was too soon to make the announcement. The memo in the packet was an advice copy.

The meeting was open to the public and Jean Holmes, 407 Riverview Lane, advised the Council that the bricks in the Higgins Avenue crosswalks were popping up. She asked what was being done about it. Mayor Nicol instructed Superintendent Burkhardt to contact the Engineer and formulate a solution.

Gary Pstrak, 1020 Riverview Drive, voiced his concern over what he termed the failure to properly alert the public to the time and date of the Organization Meeting; he noted that it was not listed in the press and the notice had only been on the new sign for one day, the day of the Page 11 9th January 2006

meeting; he urged Council to be more diligent in alerting the public for the 2007 meeting. Council concurred.

The Chair then recognized George Sevastakis, 408 Higgins Avenue, who raised two issues. First, what was the status of the Shade Tree Ordinance that had been held to 2006? He added that he found it “haphazard”. Mayor Nicol agreed and said that is why it had been referred back to the Engineer for additional review.

Secondly, Mr. Sevastakis cited his on-going dialogue with the Police Department and members of Council over the issue of reducing the speed limit on Higgins Avenue to 25 mph. He had received numerous replies which ranged from NJDOT jurisdiction to the fact that it was a commercial zone. What was the truth? Who owned Higgins Avenue?

Mr. Sevastakis said that between the hours of 10:30 a.m. and 3:00 p.m. the traffic congestion at the Post Office, coupled with the high speed of vehicles on Higgins Avenue, and motorists who used Gull Lane and then cut through Simko’s parking lot at high speed to access the Post Office was a hazardous situation which must ultimately result in an accident. He added that one of his vehicles had been destroyed and a second vehicle damaged as a result of speeding on Higgins Avenue.

Coun. Shaak pointed out that the accident involving Mr. Sevastakis vehicles had resulted from a drunken driving incident and speed limit signs would not have made a difference.

Mr. Sevastakis pointed out that he had requested Slow Down signs and been ignored; he also took exception to the designation “commercial” as Ashley Avenue was posted at 25 m.p.h. and both Bogan’s Marine Basin & the Shipwreck Grill were located there. He added that South Street was a main arterial, but it was deemed residential so not only did it get a 25 M.P.H. speed limit, but speed bumps as well.

Coun. Lenzen promised to discuss the issue with the Traffic Safety Officer Grant Kitchenman and Coun. Nolan promised to find out about the role of NJDOT. He added that NJDOT did control the traffic signal and that required a LTS Plan.

Coun. Nolan thought that the LTS Plan might impact the speed limit. Attorney Montenegro interjected that the issue was governed by state statute and he would also research the matter and provide Mr. Sevastakis with an answer.

There being no further comment the meeting was adjourned at 8:01 p.m. on a motion by Coun. Lenzen, seconded by Coun. Shaak.




Approved: January 23rd, 2006 _________________________
Thomas F. Nolan
Municipal Clerk

 

RELATED LINKS