www.briellenj.com
A Community by the River

Borough of Brielle, NJ


February 13, 2006

October 27 2006

February 13, 2006

Page 18

MINUTES FEBRUARY 13TH, 2006 WORK SESSION START: 7:30P.M.

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

ABSENT: None.

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised the Council that he had nothing to report, but noted the need to go into Executive Session to discuss pending litigation and tax appeals.

Mayor Nicol then welcomed Councilman Richard J. Bolger to the dais and added that “we are all glad to see you”.

Coun. Bolger sincerely thanked the Council for their patience and understanding during his recent medical issues; he also thanked Councilwoman Scott and the Administrator for responding to his inquiries.

Coun. Bolger wished to thank several people and noting that the timing of his medical problem could now have been worse as it took place on Election Day and prevented him from having an opportunity to thank the voters for giving him the opportunity to serve. Coun. Bolger added that, in a round about way, his illness has affected his normal work schedule and he would now actually have more time to devote to his Council duties.

On a personal note, Coun. Bolger said he was overwhelmed by the thoughts, prayers and good wishes of the residents and he and his family really appreciated them. He felt that they had played a role in his recovery and he reminded those assemble to “never underestimate the power of prayer”.

Coun. Bolger also noted that Mayor Nicol had informed him that he prayed for him twice a day. When Coun. Bolger asked why twice? The Mayor advised that the first prayer was for his health and speedy recovery, the second was that he received a good Republican liver. Coun. Bolger assured the audience that he didn’t think he had.

In closing Coun. Bolger stated that his experience had made him eminently aware of the importance of organ donations and while he would not go into detail at this time, he urged anyone interested in becoming a donor to contact him and his wife as they had a list of contacts; he added that Valentine’s Day was also National Organ Donor Day and that information on this timely subject was available at local Saturn Dealerships.

The session was adjourned at 7:36 p.m. on a motion by Coun. Lenzen seconded by Coun. Nolan.



Page 19

MINUTES FEBRUARY 13th, 2006 MEETING START: 7:37 P.M.

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

ABSENT: NONE:

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. Scott and seconded by Coun. Lenzen, to accept and file the Minutes of the January 23rd, 2006 Meeting. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. Coun. Bolger abstained.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-23 for passage of the Consent Agenda.

RESOLUTIONS
06-23-A to appoint Councilwoman Ann D. Scott as the Borough Delegate to the Monmouth County Office on Aging.
06-23-B to extend the leave of absence granted to Patrolman Todd Gerlach for military training through February 28th, 2006.
06-23-C to reinstate Patrolman Todd Gerlach to his position as per the Uniformed Services Employment & Reemployment Rights Act, with an effective date of March 7th, 2006.
06-23-D (see insertion).
06-23-E (see insertion).
06-23-F to appoint John E. Belding to fill an unexpired term on the Shade Tree Commission through December 31st, 2007.
06-23-G (see insertion).

MOTIONS

None

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



Resolution No: 06-23-D Date: February 13th, 2006


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on February 7th, 2006, the Mental Health Association of Monmouth County, 59 Broad Street, Eatontown, NJ 07724, submitted Raffle Application No. RA-2006-3, ID No. 122-4-2555-4 for an off-premise 50/50 cash raffle to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle NJ 08730 on June 1st, 2006 at 8pm.
.
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 February 13th, 2006.

Witness my Hand and Seal of the Borough of Brielle, this 14th day of February 2006.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL




Resolution No: 06-23-E Date: February 13th, 2006

Borough of Brielle Resolution

Whereas, the Governing Body of the Borough of Brielle in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Brielle

We understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.

Whereas, it is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor.

Now, Therefore Be It Resolved, that this approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.



________________________
Thomas B. Nicol
Mayor


I, Thomas F. Nolan Municipal Clerk of the Borough of Brielle, do hereby attest that the foregoing authorization was adopted at a regular meeting of the Governing Body of the Borough of Brielle held on the 13th of February 2006.



______________________
Thomas F. Nolan
Municipal Clerk






Resolution No: 06-23-F
Date: February 13th, 2006


Borough of Brielle Resolution

Approved.

WHEREAS, there exists a Tax Title Lien on property known as Block 47 Lots 6-7, 323-325 Fisk Avenue, owned by Joseph Szewczyk, and

WHEREAS, this lien has been redeemed by the property owner,

NOW, THEREFORE, BE IT RESOLVED that a check be drawn in the amount of $10,348.86 for redemption of the above lien and another check be drawn in the amount of $3,900.00 for refund of Premium paid for the lien, both checks made payable to Crusader Servicing Corporation.



Approved: February 13th, 2006




Resolution No: 06-23-G
Date: February 13th, 2006

Borough of Brielle Resolution

RESOLUTION OPPOSING S-457, AMENDING THE TIME OF DECISION RULE

WHEREAS. Senate bill S-457 is intended to modify the “time of decision” rule which currently allows municipalities to change the zoning regulations during the pendency of an application for development; and

WHIEREAS, under the bill the ordinances in effect at the time of an application is submitted shall govern the review of that application, and any decision made following upon that review;

WHEREAS, “the time of decision rule” is a judiciary recognized principal that decisions are to be made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered; and

WHEREAS, courts have applied the “time of decision rule” to correct errors in zoning ordinances, thus giving local legislators the opportunity to correct legislative policy that had been found to be imperfectly expressed;

WHEREAS the “time of decision rule” has permitted a municipality to give additional legislative consideration to serious and substantial land use planning concerns that, for whatever reason, had not been previously addressed in the ordinance;

Whereas, application and zoning changes require public discussion and hearings, and S-457 would permit developers to “beat the clock” by filing applications and freezing the ability of local officials to act;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Brielle urges our State Legislators to oppose S-457;

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to State Senator Joseph Palaia, Hon. Steven J. Corodemus, Hon. Sean T. Kean, members of the Senate Community and Urban Affairs Committee, the New Jersey State League of Municipalities and the Office of the Governor.
MONMOUTH COUNTY PLANNING BOARD
FREEHOLD NEW JERSEY

JOSEPH RETTAGLIATA ROBERT W. CLARK, P.P.
Chairman Director




January 26, 2006


Borough of Brielle
601 Union Lane
P() Box 445
Brielle, New Jersey 08730

Dear Mr. Burkhardt:

Congratulations, the Borough of Brielle has been selected as a winner of the Monmouth County Solid Waste Advisory Council Award. Your recycling program has achieved an impressive recycling rate of 60%. A good program operates to its fullest when there is a comprehensive municipal program in place. It is especially helpful when the municipality offers a recycling drop-off to the small business in the community.

Monmouth County SWAC would like to present an award to you at our Awards ceremony on Thursday, February 16, 2006. Please refer to the enclosed invitation for further details. We hope you and up to 3 guests will join us for dinner.

Please R.S.V.P. to me by February 10, 2006. It is programs like yours that keep recycling a! ‘~ c and well in Monmouth County.


Sincerely,


Fran Metzger
Monmouth County District Recycling Coordinator






HALL OF RECORDS ANNEX ONE EAST MAIN STREET FREEHOLD, NEW JERSEY 07728
TEL 732.431.7460 FAX 732.409.7540
wwwmonmouthplanning.com

Resolution No: 06-26
Date: February 13th, 2006


RESOLUTION OF THE BOROUGH OF BRIELLE

Municipa1 Budget of the Borough of Brielle, County of Monmouth for the Fiscal Year 2006.

Be It Resolved, that the following statements of revenue and appropriations, in the amount of $4,264,000.00 shall constitute the Municipal Budget for the Fiscal year 2006;

Be It Further Resolved, that said budget shall be published in the Coast Star in the issue of March 2nd, 2006.

The Governing Body of the Borough of Brielle does hereby approve the following as the Budget for the Fiscal Year 2006:

Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. None absent. Coun. Bolger abstained. Resolution passed.




RESOLUTION NO.
DATE: FEBRUARY 13th, 2006

BOROUGH OF BRIELLE
COUNTY OF MONMOUTH

WHEREAS, 40A-58 provides for making transfers between Budget Appropriation Reserve Accounts during the months of January, February and March, and

WHEREAS, it has become necessary at this time to expend funds in excess of the sums appropriated for the purposes specified in the 2005 Budget, and

WHEREAS, the Governing Body may, by Resolution, transfer an existing excess to an appropriation deemed insufficient,

NOW, THEREFORE, BE IT RESOLVED (no less that 2/3 of the full membership of the governing body affirmatively confirming), that the following transfers be made between the appropriation accounts in the 2005 Budget:


From:

Water/Sewer Capital Outlay $1,700.00

To:

Water/Sewer, Other Exp $1,700.00





Approved: 02/13/06



Borough of Brielle
Read Across America
Proclamation

WHEREAS, the citizens of the Borough of Brielle stand firmly committed to promoting reading as the catalyst for our students’ future academic success, their preparation for Americas jobs of the future, and their ability to compete in a global economy, and

WHEREAS, the Borough of Brielle has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community’s well-being and long-term quality of life; and

WHEREAS, NEA‘s Read Across America, a national celebration of reading. will he conducted on March 2nd, 2006, which would have been the 102nd birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, Saturn-UAW, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students;

NOW, THEREFORE, BE IT RESOLVED that the Borough of Brielle calls on the citizens of Brielle to assure that every child is in a safe place reading together with a caring adult on March 2nd, 2006;

AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA‘s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make Americas children the best readers in the world.

_______________________
Thomas B. Nicol
Mayor




Borough of Brielle
Proclamation

WHEREAS, the State Legislature has designated the last Friday in April as Arbor Day; and


WHEREAS, it is the purpose of this designation to encourage the planting of shade and forest trees, to encourage the harvesting of forest crops by approved conservation measures, and to encourage the protection of forests from the scourge of devastating fires, insects, and diseases that destroy the beauty and usefulness of our woodlands as well as endangering the wildlife that inhabit them, and


WHEREAS, public endorsement of the foregoing measures, through the observance of Arbor Day, will help to preserve the natural resources of our forests and ensure that this heritage endures for future generations.


NOW THEREFORE BE IT PROCLAIMED, that the last Friday in April has and will continue to be observed as Arbor Day in the Borough of Brielle. and the Governing Body hereby urges all Brielle residents to plant one or more trees in honor of the day and to actively participate in all sponsored Arbor Day activities within the Borough of Brielle.



________________________
February 13th, 2006 Thomas B. Nicol
Mayor



Page 20

(Note: Prior to the vote Attorney Montenegro explained that “G” permitted a court in a land use case to base a decision on the most recent ordinance. If the legislation went forward, then an application would be judged based on the ordinance in place at the time the application was filed. This eliminated a municipality’s opportunity to amend an ordinance to address a perceived problem. Regarding “E” the Administrator advised Coun. Nolan that Monmouth County would advise the Borough prior to initiating any spraying. Coun. Shaak had interjected that alternative methods of mosquito control such as the use of mosquito larvae eating fish, are already being employed by the Commission at certain sites in the Borough.)

Coun. Lenzen, seconded by Coun. Nolan introduced Resolution 06-24 TO TRANSFER FUNDS. (see insertion). Vote: Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-25 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 February 13th, 2006, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-26 To Introduce the 2006 Municipal Budget (see insertion). Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Coun. Bolger abstained. Passed.

(Note: Coun. Bolger abstained as the budget process had begun months before his election and he had had no input into the process. He felt that he needed additional time to review the budget and to see if additional savings could be attained; he added that his decision was not a reflection on the hard work done on the budget by Coun. Garruzzo and his committee.)

When asked by Coun. Bolger as to the process, the Administrator noted that the budget synopsis would be published in the March 2nd, 2006 edition of the Coast Star and the budget would be given a hearing on March 13th, 2006.

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE TO AMEND CHAPTER SIXTEEN OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “STREETS & SANITATION.”

Coun. Scott noted that the Ordinance at long last empowered the Superintendent of Public Works to set the schedule for the collection of leaves and brush and to enforce it. The Superintendent would also have the power to amend the schedule if he deemed it to be in the public interest to do so.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-27 for passage on introduction and first reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.
Page 21

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-28 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on February 27th, 2006, at 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; 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 THIRTEEN OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “PARKS & RECREATIONAL FACILITIES”.

The Administrator explained that the ordinance would prohibit skate boarding on the tennis courts, shuffle board court and bocce ball court. Coun. Lenzen inquired about the basketball courts and was advised that this was a first step and had been endorsed by the Board of Recreation. Council members Bolger & Nolan had attended the Board of Recreation Meeting and both Councilmen concurred with going forward.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 06-29 for passage on introduction and first reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Shaak, seconded by Coun. Lenzen, introduced Resolution 06-30 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on February 27th, 2006, at 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then read proclamations on Arbor Day & Read Across America (see insertions).

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who informed those assembled that the Brielle Department of Public Works had received two Certificates of Achievement from the Monmouth Municipal Joint Insurance Fund. The first was for scoring 80 points or better in the 2005 Safety Incentive Program. The second was for Zero lost time accidents in 2005. Coun. Scott praised Safety Coordinator Robert McArthur for a job well done.

Coun. Scott then read a letter addressed to Recycling Coordinator Burkhardt from Monmouth County (see insertion). Coun. Scott added the essential ingredient in winning the award was the fact the Brielle offered “drop-off” containers to small business along with toters for glass and aluminum. Coun. Scott felt that, with the new “mixed paper” Campaign getting under way, the Borough could increase its recycling rate by 20%. She added that she would attend the Awards Ceremony on February 16th as Mr. Burkhardt was on vacation.

Coun. Bolger advised that he was working with the Brielle Library to replace their electric doors with conventional ones which will be more cost effective in terms of keeping energy, whether heat or air conditioning within the building. The Administrator advised that the Engineer was working with his Architect on a design.

Page 22

Coun. Bolger cited his attendance at the Board of Recreation Meeting and stated that he was thoroughly impressed by their operations and their dedication and efficiency. They embrace a wide breath of activities and do all of them well.

Coun. Bolger added that he supported their Brielle Beach Project and added that, according to the schedule of events, clean-up of the area would begin at the end of March.

In closing Coun. Bolger cited an inquiry by the Board as to the possibility of providing either a natural or a actual fence along the open area where the 911 Memorial is situated. The area was used by local children for playing ball and the Board was looking for a means of keeping the balls on site and off the roadways.

Mayor Nicol & Coun. Lenzen replied that this matter had been reviewed some time ago and the Borough had concerns over safety and liability issues as the area was surrounded on all sides by busy streets. Coun. Bolger concurred as he had formerly lived on Birch Drive and was aware of the heavy traffic.

Coun. Nolan cited his attendance at the “Grass Roots” meting to celebrate the 75th Anniversary of the opening of the Manasquan Inlet. A number of activities were being planned to continue through the summer and ranged from a triathlon to a boat parade; he would keep Council apprised of their progress.

Coun. Nolan also cited his meeting with Coun. Scott, Gary Pstrak & Carol Stark, along with Mark Stevens of N.J. Metronet. The planned upgrade of the web site was continuing on schedule.

Coun. Nolan noted that the skate board issue had already been addressed and the matter would be given a hearing on February 27th.

Coun. Shaak addressed the recent removal of trees along Route #70 and informed the public that it was part of the Route #70 Bridge project. Coun. Shaak was pleased that George Harms, Inc. was the contractor and pointed out that the Harms firm had completed the Route #35 Bridge over the Raritan River without incident as compared to the problems experienced with the Route #35 Bridge in Belmar & Avon.

Coun. Shaak went on to say that trees had been removed along Riverview Drive to provide for an additional turn lane at the junction with Route #70. There would now be two left hand turning lanes and one for right turns; this should help to reduce the potential for stacking.

Coun. Shaak added that the construction of the sound wall would begin in mid to late summer and that pile driving would not commence until after July 1st due to NJDEP requirements. The NJDOT schedule allowed five years for completion, but Mr. Harms was optimistic that it could be accomplished in three. A meeting between the contractor and Borough Officials would be scheduled for March.
Page 23

As Emergency Management Coordinator Coun. Shaak praised the DPW for a job well done and noted that the new calcium chloride system had performed beautifully; he also noted that some 500 residents had been without power for some fourteen hours during the storm. Coun. Bolger interjected that he was one of them. Coun. Shaak added that the First Aid Building had been prepared as a shelter, but no one had taken advantage of that resource.

Coun. Lenzen gave the First Aid Report and noted that nineteen members of the squad were eligible to vote on squad related issues; he remembered when it was only six. The increase in voting membership was a positive reflection on the First Aid Squad. In January the Squad responded to forty-three calls, twenty-eight in the Borough, ten fire calls and five mutual aid responses for a total of 170 man hours for an average of 4.5 per call.

Coun. Lenzen noted that squad members also assisted in patient transportation and cited a recent three hour trip to Robert Woods Johnson. Coun. Lenzen praised the volunteers for giving so freely of their time and added that we could not get along without them.

Coun. Garruzzo reiterated that the budget would be published in the March 2nd issue of the Coast Star and would be given a public hearing on March 13th at 7:30 p.m. The Borough’s professional staff would be on hand to answer any technical inquires.

At this juncture Coun. Bolger was recognized and he asked Coun. Scott if she planned to respond to the letter from Sheriff Oxley regarding the availability of prisoners for clean-up projects?

Coun. Scott advised that they had been employed by the DPW in the past and she would discuss the issue with her committee.

Mayor Nicol then opened the meeting to the public and recognized John Belding who thanked the Council for his appointment to the Shade Tree Commission and asked Council if they knew when the Commission was founded? Council was surprised to learn 1926.

Turning to the subject of the Manasquan Inlet, Mr. Belding pointed out that the Borough had agreed to contribute $28,000 to the project in 1928. When it was completed in 1931 the Great Depression had begun and the Borough had some difficulty in honoring its commitment.

Gary Pstrak, 1020 Riverview Drive, was recognized and he thanked the Council for having the courtesy of holding their Executive Session at the conclusion of the meeting rather than stopping the meeting and keeping the public waiting as some public entities do.

Dave Dupre, 1016 Riverview Drive, asked Coun. Nolan if he had a schedule of the activities planned for the 75th Anniversary of the Manasquan Inlet? Coun. Nolan advised that a boat parade was being scheduled for August, but the balance of the programs were still under discussion.

Carol Stark, 1013 Riverview Drive, cited a discussion she had had with a member of the Public Works Department who advised her to keep her children away from the salt being sprayed on the Page 24

roadways. She asked if it were dangerous?

Coun. Nolan explained that it was also used as a bleach substitute and it would stain clothing. Coun. Lenzen added that it was NJDOT approved and not dangerous. He offered that, since the material was being sprayed, the worker was given notice that it could be an irritant if it got in a child’s eye, but it was not dangerous.

Ms. Stark also voiced a concern about increased traffic on Riverview Drive due to the bridge construction and an increase in speeders. Coun. Shaak advised that back in the 1970’s you could ride a bike along Riverview Drive; he would not advise doing it now. He added that increased development, chiefly in Wall Township, had increased traffic and he pointed out that Riverview Drive was a main arterial.

Coun. Lenzen advised Ms. Stark to contact Chief Palmer if she had a particular area of concern and a police car could monitor the area. He noted that the police targeted speeders and overweight vehicles, but often the latter were making local deliveries and the weight limits could not be imposed in that case.

Coun. Bolger asked if the speed limits could be lowered. Lieutenant Krueger being present, he explained how a survey was conducted some five years ago by the County in conjunction with NJDOT. The data did not support a reduction in the speed limit. He added that traffic was not his field of expertise and he suggested that the issue be referred to the Traffic Safety Officer.

Janice Wurfel, 506 Green Avenue, stated that while recently driving on Riverview Drive she had been nearly blinded by a vehicle in the opposite lane with four headlights; she asked if they were legal.

Coun. Lenzen replied that they were “running lights” they were legal, but courtesy would dictate that they not be used on that type of roadway. Mayor Nicol interjected that they were illegal when a driver had his high beams on, and Lieutenant Krueger added that their use was governed by the amount of candle power cast.

There being no further comments, Mayor Nicol then closed the public portion of the meeting.

Coun. Garruzzo, seconded by Coun. Shank introduced Resolution 06-31 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan Scott & Shaak; 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 February 14th, 2006, as follows:

Page 25

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:
“Pending Litigation” & “Tax Appeals”.

3. It is anticipated at this time that the above stated subject matters will be made public in the near future.


The Executive Session began at 8:30 p.m. and ended at 9:13 p.m.. The session was adjourned on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.

On a motion by Coun. Lenzen, seconded by Coun. Garruzzo, Attorney Montenegro was authorized to resolve the Khorrami Tax Appeal as discussed in Executive Session. All aye. No nays. Passed.

The record will also indicate that Coun. Bolger excused himself from any discussion or action upon the foregoing matter and left the dais and the Council Chamber for the duration of the discussion.

The meeting was adjourned at 9:14 p.m. on a motion by Coun. Lenzen, seconded by Coun. Scott.



Approved: February 27th, 2006. ________________________________
Thomas F. Nolan
Municipal Clerk


 

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