Borough of Brielle, NJ
| April 24, 2006
April 24, 2006
MINUTES APRIL 24th, 2006 WORK SESSION START: 7:30P.M.
PRESENT: Mayor Nicol, Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott. Attorney Montenegro & Administrator Nolan.
ABSENT: Coun. Shaak.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised Council that he had nothing to report. The Administrator did advise Council that there was an error on the Agenda. The Minutes to be adopted were those of April 10th, 2006 and not March 27th, 2006.
The session was adjourned at 7:31 p.m. on a motion by Coun. Lenzen seconded by Coun. Nolan.
MINUTES APRIL 24th, 2006 MEETING START: 7:32 P.M.
PRESENT: Mayor Nicol, Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott. Attorney Montenegro & Administrator Nolan.
ABSENT: Coun. Shaak.
After a moment of silent prayer in which the spouse of Borough Historian John Belding was remembered, 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 April 10th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 06-64 for passage of the Consent Agenda.
06-64-A to approve the application for membership in Brielle Fire Company No.1 submitted by John Frank.
06-64-B (see insertion).
06064-C (see insertion).
06-64-D to approve an amendment to Liquor License #1308-33-012-009, Charlie Brown’s of Brielle, Inc., to permit the sale of cigarettes.
Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-65 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 April 24th, 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; aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of an “Ordinance to Amend Bond Ordinance No. 951”.
The hearing was opened on a motion by Coun. Lenzen, seconded by Coun. Scott.
The Administrator explained that, due to a favorable bid result, the amendment freed up approximately $50,000 which could be used for other improvements to the water/sewer utility infrastructure.
The hearing was adjourned on a motion by Coun. Lenzen, seconded by Coun. Nolan.
RESOLUTION NO: 06-64-B
DATE: APRIL 24th, 2006
BOROUGH OF BRIELLE RESOLUTION
WHEREAS. APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-31-013-001, AND
WHEREAS, THE APPLICATION IS COMPLETE, THE $50.00 FEE DUE THE BOROUGH OF BRIELLE HAS BEEN WAIVED, THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL RECEIVED, AND ALL MUNICIPAL REQUIREMENTS HAVE BEEN MET, AND
WHEREAS, NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE HAVE BEEN RECEIVED.
NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF BRIELLE FIRE COMPANY, INC. T/A BRIELLE FIRE COMPANY FOR PREMISES LOCATED AT 509 LONGSTREET & CARDEZA AVENUES, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE THE LICENSE FOR THE LICENSE YEAR JULY 1st, 2006 THROUGH JUNE 30th, 2007.
THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON APRIL 24th, 2006.
WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 25th DAY OF APRIL 2006.
THOMAS F. NOLAN
Resolution No: 06-64-C
Date: April 24th, 2006
Borough of Brielle Resolution
Whereas, application has been made for the renewal of Liquor License #1308-33-001-008, and
Whereas, the application is complete and the $1,866.00 fee due to the Borough and the $200.00 fee due to the State of New Jersey Division of Alcoholic Beverage Control received, and all municipal requirements have been met, and
Whereas, no objections to the renewal of this license have been received.
Now Therefore Be It Resolved, that the application of JP’S River House, Inc. for premises located at 1 Ocean Avenue, Brielle, New Jersey, is hereby approved and the Clerk of the Municipalities is authorized to issue the license to the holder for the license year July 1st, 2006 through June 30th, 2007, subject to the following conditions:
I. Alcoholic Beverage may be sold, served, delivered or consumed on the open exterior deck of the premises from 12:00 p.m. to 11:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00a.m. on Friday and Saturday.
2. Live entertainment may be permitted on Saturdays and Sundays from 1:30 P.M. to 12:00 a.m. (Midnight). Live entertainment shall be limited to a piano player, a guitar player or a band (not to exceed a duo). - A Disc - Jockey shall not be permitted.
3. Controlled Background Music may be permitted in the above mentioned deck area during the hours of 12:00 p.m. to 10:00 p.m. Sunday through Thursday, and from 12:00 p.m. to 1:00 a.m. on Fridays and Saturdays. providing that said music is in compliance with the provisions of Chapter 3, Sections 3-1.1 through 3.1-Il of the Code of the Borough of Brielle entitled “Noise Control” and is compliance with all other Ordinances of the Borough.
4. A singer shall be permitted to entertain on the deck on Friday and Saturday evenings from 9:00 p.m. until 12:00 a.m. (Midnight) and on Sunday from 3:00 p.m. until 10:00 p.m. provided that such activity is in compliance with the provisions of Borough Ordinances.
5. No doors or windows can remain open while any live entertainment or background music is utilized on the deck.
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on April 24th, 2006.
Witness my hand and seal of the Borough of Brielle this 25th day of April, 2006.
SEAL Municipal Clerk
Resolution No: 06-64-D Date: April 24th, 2006
Resolution of the Borough of Brielle
Be It Resolved that an Amendment of Application on File for Liquor License #1308-33-012-009, Charlie Brown’s of Brielle, Inc., to permit the sale of cigarettes on premise be hereby approved.
The foregoing is a true copy of a Resolution approved by the Governing Body of the Borough of Brielle on April 24th, 2006.
Witness my hand and seal of the Borough of Brielle this 25th day of April 2006.
Thomas F. Nolan
Coun. Garruzzo, seconded by, Coun. Lenzen, introduced Resolution 06-66 for passage and adoption on final reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. No nays. Passed.
Coun. Lenzen, seconded by, Coun. Nolan, introduced Resolution 06-67 to authorize publication of passage and adoption in the Coast Star according to Law. Vote: Coun. Bolger. Garruzzo, Lenzen, Nolan & Scott; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “An Ordinance to Amend Chapter III of the Code of the Borough of Brielle entitled "Police”.
The hearing was opened on a motion by Coun. Scott, seconded by Coun. Lenzen.
The Administrator explained that the amendment clarified language in the ordinance relative to the operation of trash compactors on Saturday.
The hearing was closed on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.
Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-68 for passage on final reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, & Scott; all aye. No nays. Passed.
Coun. Lenzen, seconded by Coun. Nolan, introduced Resolution 06-69 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of an “An Ordinance Adding Section 24-9.6 “Stormwater Management” to Article IX “Design Standards” of Chapter 24 “Land Subdivisions” of the Borough of Brielle’s Land Use Procedures”.
Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-70 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. No nays. Passed.
Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-71 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on May 8th, 2006, at 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, & Scott; all aye. No nays. Passed.
Mayor Nicol then called for Committee Reports and recognized Coun. Bolger who advised the public that the Shade Tree Commission would conduct the annual Arbor Day Ceremony, in conjunction with Ms. Chevdar’s Fourth Grade class, on the afternoon of Thursday April 27th. Page 53
The Commission would be planting a Magnolia tree graciously donated by the Bayberry Garden Club.
Coun. Bolger also advised that the First Aid Squad had, or was about, to take delivery on their new ambulance. Having seen the specifications, Coun. Bolger believed it to be “state of the art”.
Coun. Bolger said that he was pleased to see a letter to the editor in the most recent edition of the Coast Star that praised the First Aid Squad for their conduct during a recent accident on Route #70.
In closing, Coun. Bolger reminded the public that the First Aid Squad would conduct a fundraiser on Saturday, May 6th. The event would be a yard sale and donations would be accepted on Monday & Tuesday between 5:00 p.m. and 7:00 p.m.
Coun. Scott announced the annual bulk pick-up, May 1st through 5th, and she asked that residents wait until the weekend before placing items at the curb. She also observed that items no longer needed could still be recycled and she suggested that they be donated to the First Aid Squad. The Councilwoman also reminded the public that no hazardous materials such as paint cans or pesticides would be taken. They should be held for the Monmouth County hazardous Waste disposal day. As always, no recyclables would be accepted or concrete. Building materials would be taken, but only those generated by a residential home repair, not a commercial project.
Coun. Scott then reminded everyone that the Revaluation Meeting would be held at the Curtis House on Monday, May 1st between the hours of 7:00 p.m. and 9:00 p.m. Representatives from the Revaluation Company, Vital Computer Resources, Inc., along with the Borough Tax Assessor, Mary Lou Hartman, would be giving a presentation on the revaluation process that was directly tailored to the residents of Brielle.
Coun. Scott noted that leaf collection ended on May 15th and that she had had a positive response to her Newsletter article on the need for “weekly weeders” to assist the Public Works Department in beautification projects. Coun. Scott mused how “amazing” the Borough could look with a little additional help.
Coun. Nolan stated that the upgrade of the website was moving forward and he anticipated having a draft of the proposed improvements by the end of May; he thanked the “helpers in the back” for their assistance in the project. He added that photographs were now being taken of the blossoming trees and flowers throughout the Borough for inclusion on the web.
Coun. Nolan noted that the MRHC #1 budget had yet to be adopted, but it was a positive thing as two new member towns had joined the group, Sea Girt & Spring Lake Heights, and this would result in a cost savings for the balance of the membership.
Coun. Nolan also noted that he was pleased with the clean-up of Brielle Beach on Magnolia Avenue and he praised the Board of Recreation for a job well done.
Coun, Nolan advised the assembly that he was looking into the possibility of promoting “kid safety” by providing a safe passage for bicycles from the Shore Drive area, down Old Bridge Road, with a possible easement through Barclay Woods. The idea was still in the concept stage, but he would keep the public advised of its progress.
In closing, Coun. Nolan urged the public to attend the revaluation meeting on Monday evening.
Since neither Coun. Garruzzo or Lenzen, had committee reports, Mayor Nicol opened the meeting to the public and recognized Janice Wurfel, 506 Green Avenue.
Ms. Wurfel cited a concern she had as a result of a question raised at a prior meeting concerning the Board of Adjustment granting approval for the conversion of the former Hoffman Marina to residential development; she asked how that could happen when it was not permitted by the Land Use Ordinance.
Mayor Nicol explained that the Zoning Board of Adjustment had granted a variance. While the Mayor appointed the members to that Board, with the advise and consent of the Council, and while he always sought candidates that he felt had the best interest of the Borough at heart, once they took office they were free agents until their term expired.
Ms. Wurfel mused “politics as usual”.
Attorney Montenegro intervened and he explained that under Municipal Land Use Law there were two land use boards, the Planning Board and the Board of Adjustment, they were charged with making reasonable and rational decisions based on the information provided to them in land use applications. The Governing Body had no authority to interfere in their deliberations and to do so would be a violation of law. The proper channel for an appeal of one of their decisions was the Superior Court.
Attorney Montenegro also pointed out that under Municipal Land Use Law the Boards had the power to grant a variance that deviated from the Municipal Ordinance. Based on the presentation by the applicant either Board could grant or reject such a request, or they could grant some or all of the variances requested.
Turning to Green Avenue, Ms. Wurfel complained about the on-going construction in the roadway.
Coun. Lenzen explained that the developer had to install new water and sewer lines and he had originally asked to shut the road down for three weeks. The Borough would not permit that and although it had to be closed for a few days, the developer had been required to leave one lane opened for local traffic during the day and he had to re-open the road at night by utilizing covering devises such as steel plates.
Coun. Lenzen added that the project would be completed before the summer season and the road Page 55
would not be shut down while the Fisk Avenue Bridge was being worked on; he added that the road would be restored when the project was completed.
Edward Burke., 409 Union Lane, asked if the road would be restored “curb to curb”? Coun. Lenzen was uncertain and said he would look into it. Mr. Burke said that he had brought this matter to the Council’s attention weeks ago. The Borough streets were continually being torn up and patched and “curb to curb” should be Borough policy. He cited a recent water main replacement in another community where it was done. Coun. Lenzen suggested that it might have been a requirement of the contract.
Ms. Hendricks, 615 Leslie Avenue, agreed with Mr. Burke and complained about the contractor leaving a pile of dirt on Green Avenue that the recent rain had transformed into a “mud ball”. Ms. Hendricks asked why the contractor could not clean up the work site?
Superintendent Burkhardt offered to speak with the contractor on the next business day.
At this point, Coun. Scott was recognized and she advised the Mayor that she had forgotten one item in her report. The Mayor had asked the Council to decide which committee should address the issue of health benefits. As Council-President she had polled her colleagues, but they had been unable to reach a consensus. Council Scott suggested that the Mayor appoint an “ad hoc” committee to review the matter. Mayor Nicol said he would.
Gary Pstrak, 1020 Riverview Drive, cited a recent newspaper article on reverse 911 and asked if the Borough provided that service? He offered that it would have been an effective means of communication during the power failure last summer.
Coun. Lenzen said that the Borough did not currently provide the service, but he would look into it.
Daniel Fallon, 1004 Forrest Road, wondered if the “ad hoc” committee referenced by Coun. Scott was intended to address the issue of health benefits? Mr. Fallon felt that, in view of the rejection of the school budget by the voters, the elimination or reduction of the benefits provided to part-time Councilmembers, would result in a savings that could be funneled back to the children. He termed such an action a “win/win” and hoped it would be given consideration.
Dave Dupre, 1016 Riverview Drive, asked when the revaluation meeting would be held? Coun. Nolan replied May 1st, at 7:00 p.m. at the Curtis House.
Edward Burke asked if the Council intended to retain a professional such as a retired School Superintendent to review the failed school budget? He felt the token cuts made at the time of the last failed budget were a “slap in the face” to those who voted against the budget
Mayor Nicol pointed out that, during the period when the Council were called upon to review school budgets, they had had the benefit of Coun. Lawrence Riccio’s expertise. A former
Page 56 24th April 2006
Business Administrator in Red Bank, Coun. Riccio had been through the process and, in conjunction with Coun. Garruzzo, had spent hours conducting a total review of the budget document.
Coun. Lenzen suggested the Mayor appoint another “ad hoc” committee to initiate the school budget process. The Mayor felt that would be appropriate.
The meeting was adjourned at 8:05 p.m. on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.
Approved: May 8th, 2006. _________________________
Thomas F. Nolan