A Community by the River

Borough of Brielle, NJ

May 8, 2006

October 27 2006

May 8, 2006

Page 57


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


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, but he advised the Council of a typographical error on the Agenda. The minutes to be adopted were those of April 24th, 2006 and not April 10th as listed on the Agenda.

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

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


After a moment of silent prayer, in which former Mayor Victor DeMarco, who is hospitalized, 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. Nolan, to accept and file the Minutes of the April 24th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-72 for passage of the Consent Agenda.

06-72-A. (see insertion).
06-72-B (see insertion).
06-72-C (see insertion).
06-72-D (see insertion).


A. To appoint Charles P. Sarnasi, Jr. to the Zoning Board of Adjustment as Alternate #2. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-73 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 May 8th, 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.

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of an “AN ORDINANCE ADDING SECTION 24-9.6 “STORM WATER MANAGEMENT” TO ARTICLE IX “DESIGNAS STANDARDS”, OF CHAPTER 24 “LAND USE SUBDIVISIONS” OF THE BOROUGH OF BRIELLE’S LAND USE PROCEDURES”.

Resolution No: 06-72-A
Date: May 8th, 2006

Borough of Brielle Resolution

Whereas, application has been made for the renewal of liquor license #1308-33-008-001, and

Whereas, the application is complete, 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, have been received, and all other 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 the Manasquan River Golf Club, for premises located at 847 Riverview Drive (P.O. Box 505), Brielle, New Jersey, is hereby approved and the Clerk of the Municipality is authorized to deliver said license to the holder 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 May 8th, 2006.

Witness my hand and seal of the Borough of Brielle this 9th day of May 2006.

Thomas Nolan
Municipal Clerk


Resolution No: 06-72-B Date: May 8th, 2006

Resolution of the Borough of Brielle

Whereas, the need has arisen for the utilization of borough police officers as traffic directors in connection with the construction of a bridge over the Manasquan River at State Highway #70, and

Whereas, an agreement authorizing the utilization of such personnel has been forwarded to the Borough of Brielle by the New Jersey Department of Transportation.

Now Therefore Be It Resolved, that the Mayor & Municipal Clerk are hereby authorized to execute the Route 70 Manasquan River Bridge Borough of Brielle, Monmouth County Municipal Police Agreement on behalf of the Borough of Brielle.

Moved By:
Seconded By:

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


The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on May 8th, 2006.

Witness my hand and seal of the Borough of Brielle this 9th day of May 2006.

Thomas F. Nolan
SEAL Municipal Clerk

Resolution No: 06-72-C
Date: May 9th, 2005

Resolution of the Borough of Brielle

Whereas, an application has been received for the renewal of Plenary Retail Consumption License #1308-33-012-009, Charlie Browns Of Brielle, Inc. T/A Charlie Browns, and

Whereas, the submitted application form is complete in all respects, the renewal fees for the Borough of Brielle and the New Jersey Division of Alcoholic Beverage Control have been paid, and

Whereas, the applicant is qualified to be licensed according to all standards established by Title 33 of New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions.

Now Therefore Be It Resolved, that the Governing Body of the Borough of Brielle does hereby approve, effective this date, the renewal of License #1308-33-012-009 T/A Charlie Browns for the license year July 1st, 2006 through June 30th, 2007, subject to the following special conditions which were imposed by the Brielle Planning Board to wit:

(See Attachment)


The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council, at a meeting held on May 8th, 2006.

Witness my hand and seal of the Borough of Brielle this 9th day of May 2006.

Thomas F. Nolan
SEAL Municipal Clerk

Resolution No: 06-72-D
Date: May 8th, 2006

Borough of Brielle Resolution


WHEREAS, the New York/New Jersey Bight is defined as the waters from Montauk Point, New York, to Cap May, New Jersey, offshore to the outer edge of the Continental Shelf (out to 100 miles), and consists of over 1900 square miles of Atlantic Ocean; and

WHEREAS, the physical, hydrodynamic, and biological characteristics of the NY/NJ Bight are unique in the than 300 species of fish, nearly 350 species of birds, 7 species of sea turtles, and many marine mammals such as 10 species of whales and several species of seals and porpoises frequent the region. The NY/NJ Bight also serves as an essential migratory pathway for these species; and

WHEREAS, this ecological richness depends on protecting the quality of the environment; and

WHEREAS, the NY/NJ Bight also sustains the economy of the region through its bounty of natural resources and intrinsic values for millions of people through tourism, as well as being host to the nation’s largest east coast global port and its thousands of related industries; and

WHEREAS, recreation and commercial fisheries provide enormous economic benefits both in food production and recreational activities, the continued use of these renewable natural resources in accordance with existing laws must be supported and enhanced: and

WHEREAS, our waters were known as the “Ocean Dumping Capitol of the World” due to eight Ocean dumpsites, including an area called the “dead sea” (a 20-mile area created by excessive sewage and toxic muck dumping); had beaches littered with garbage, medical waste, and sludge balls; and suffered from water quality so poor that it was unsafe for swimming. These activities all caused an ecological and economic crisis; and

WHEREAS, organizations, businesses, and citizens rallying to defend these precious resources and working to improve and protect the waters of the NY/NJ Bight, resulted in an end to ocean dumping and dramatically improved water quality proving that citizens can make a difference to assure their quality of life; and

WHEREAS, the NY/NJ Bight is downstream of, and receives pollution from, the most densely populated, industrialized, and urbanized area in the country which spews millions of gallons of contaminated wastewater and toxic sediments into the ecosystem each year and threatens the vast ecological richness of the Bight, and public health through beach closures and fish consumption advisories; arid

WHEREAS, currently the NY/NJ Bight continues to he vulnerable to sources of pollution and threats to habitat on a permit-by-permit basis, which is often risky, unproductive, and not sustainable, These destructive activities undermine the ecological and economic potentialities to sustain living marine resources iii the NY/NJ Bight and must be prohibited: and

WHEREAS, current laws and regulations are insufficient to protect the vast value of this ocean region and its living marine resources from polluting and habitat destructive activities, elected officials must strive harder to protect the NY/NJ Bight; and

WHEREAS, it is time to lock-in the tremendous path of progress which has led to far-reaching improvements in our ocean water quality and lock-out environmentally harmful activities, thereby ensuring the continued protection of the ocean today and for future generations; and

WHEREAS, a logical and essential next step is to use federal and state regulatory and legislative opportunities to designate the NY/NJ Bight as the “Clean Ocean Zone (COZ),” which will:


1. Prohibit new ocean dump sites.
2. Mandate capping of the Historic Area Remediation Site (HARS) formerly the Mud Dump Site -- with “clean material.” “Clean material” is defined as being as clean as the sediments found on the ocean floor outside HARS and that protects against adverse ecological effects, Ensure implementation of environmentally sound alternatives for managing dredged material to help keep harbor channels safe for navigation.
3. Prohibit new point sources of pollution and increases of discharge capacity (e.g., wastewater discharge outfall;, industrial discharges). Encourage environmentally protective beneficial reuse of wastewater.
4. Reduce pollution from storm water and sediments.


5. Prohibit the permanent extraction (e.g. strip-mining) of natural non-renewable resources, including sand and gravel.
6. Prohibit industrial and non-renewable energy facilities and infrastructure, including oil and gas exploration and development.
7. Require the development of responsible regulations for renewable energy sources.


8. Support recreational and commercial fishing by acknowledging that federal and state laws for fisheries exist. Prohibit the COZ legislation from being used to adopt or enact fisheries management actions. The COZ legislation shall not be used to restrict or limit recreational or commercial fishing.
9. Support federal and state approved artificial reefs, and allow underwater research arid exploration, but not projects that will adversely affect the ecosystem.
10. Support, celebrate, and sustain maritime activities that depend on a healthy and clean oceans such as: boating, underwater diving, fishing, surfing, swimming, and the enjoyment of the sea. The COZ legislation will not be used to restrict or limit these activities,

THEREFORE, BE IT RESOLVED that, on this date, May 8th, 2006 the Borough of Brielle hereby supports the Clean Ocean Zone that would permanently protect the waters of the New York/New Jersey Bight from the aforementioned polluting and habitat destructive activities, thereby safeguarding the waters in its region for present and future generations.

SEAL __________________________
Thomas B. Nicol

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

The Administrator explained that the new section brought the Borough’s Land Use Ordinances into compliance with the State of New Jersey’s new Stormwater Management Regulations.

The hearing was adjourned on a motion by Coun. Garruzzo, seconded by Coun. Lenzen.

Coun. Lenzen, seconded by, Coun. Garruzzo, introduced Resolution 06-74 for passage and adoption on final reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen, seconded by, Coun. Nolan, introduced Resolution 06-75 to authorize publication of passage and adoption in the Coast Star according to Law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol advised that the time had arrived to consider a resolution regarding the “Ad Hoc” Committee’s review of the failed annual school budget, and he recognized Coun. Garruzzo who had chaired that committee.

Coun. Garruzzo stated that after the budget had been defeated the committee had met with representatives of the Brielle Board of Education and their professional staff to review the budget. The committee recommended a reduction in the amount of $200,000. Coun. Garruzzo thanked his fellow committee members, Mayor Nicol and Coun. Bolger For all their help throughout the lengthy process.

Coun. Bolger was recognized and he noted that it was a difficult task as 91% of the budget consisted of fixed costs that were non-negotiable items. That meant that any reductions had to come from the 9% remaining. The task had been difficult and Coun. Bolger thanked Board President Lonza and her colleagues for their participation in the negotiation and he commended Coun. Garruzzo for his leadership during the process.

Coun. Garruzzo reminded the public that the committee recognized the importance of the educational system for the overall quality of life in the Borough and he assured them that the reductions would not have an adverse impact of the provision of a fair and efficient education to the children of Brielle.

Coun. Lenzen commended the committee for their efforts and he found the reductions to be “reasonable”. There was no public comment.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-76 (see insertion). Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. Coun. Shaak abstained.

(Note: Prior to casting her vote, Coun. Scott observed that she respected the work of the “Ad Hoc” committee and noted that they were far more familiar with the school budget having
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worked through the process. In light of their effort Coun. Scott felt it appropriate to support their decision.)

Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public that the clock was running down on leaf collection and the DPW would stop collecting leaves on May 15th. Leaves not placed at the curb by that date would have to be held until the Fall.

Coun. Scott also cited the recent clean-up week, and although it made the Borough look a bit unsightly for a week, it had been a success.

In closing Coun. Scott advised of her attendance at the recent meeting of the Monmouth County Office on Aging where she had become aware of Medicare Fraud. Some 34 billion dollars in bogus claims were submitted annually, which translated into one out of every ten claims being fraudulent. Residents were urged to check their bills to ensure that charges were legitimate.

Coun. Bolger reminded the public that the First Aid Squad’s annual Blood Drive would be held on May 16th. He added that the Squad would also be conducting an “Open House” so that the public could view the new ambulance and the improvements made to the building.

The Summer Recreation Program was set to launch its annual concert series starting July 10th. The program would consist of eight concerts throughout the summer and would feature a variety of groups. Coun. Bolger noted that the Mayor’s favorite group, Red Headed Boogey Child” would be appearing on July 10th to inaugurate the series. The Mayor said that they were “very good”.

Coun. Nolan spoke of the progress being made on the 75th Anniversary of the Manasquan Inlet. He cited a film of the actual construction which he termed “amazing”. The Boroughs of Brielle, Manasquan, Point Pleasant Beach & Point Pleasant, in conjuncture with the Army Corps of Engineers had redirected the flow of water from Barnegat Bay to re-establish the Manasquan inlet which was in danger of silting up. The work had been an engineering marvel.

The anniversary would feature a boat parade and other celebratory events though out the year. Coun. Nolan noted that the Bogan Family had already contributed $1,000 and the organizers anticipated other donations from the local community.

Coun. Shaak noted that he had met with Assemblyman Sean Kean and representatives of NJDOT last year to discuss the condition of the State Highway #35 overpasses at Route #71 & Ashley Avenue. At that time a promise was made to paint elm in the Spring.

Coun. Shaak observed that Spring had arrived and still no action, so he had contacted Assemblyman Kean and he anticipated action in the near future.

Turning to the Fire Company, Coun. Shaak advised that four members of the company had
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completed basic training at the Fire Academy. The course required their attendance on Thursday
evenings and all day Saturday. This meant time away from their families and was a sacrifice that they were willing to make for the community.

In closing Coun. Shaak informed the public that the Fire Company had received a grant for a defibrillator from the Department of Community Affairs. As heart attacks were a leading cause of death among firefighters, the State had deemed it prudent to provide as many companies as possible with this device. Brielle was fortunate in being selected to receive one.

Coun Garruzzo having no report, Coun. Lenzen informed the public of an upcoming Internet Safety Lecture” to be held at the Brielle Elementary School on Monday, June 12th @ 7:00 p.m. The lecture was aimed at parents, but grandparents were welcome. Given the prevalence of internet abuse and the lack of federal regulation, it was important that parents accept the responsibility for monitoring the internet activities of their children to protect them from being victimized by the predators who haunt the internet.

Mayor Nicol opened the meeting to the public and recognized Jim Denniston, 531 Magnolia Avenue, who asked if Council would itemize the reductions made to the school budget?

Coun. Garruzzo felt that that would be inappropriate prior to the cuts being communicated to the Board of Education, but he reiterated that they were not detrimental to the integrity of education.

Mr. Denniston noted that, as a prior member of the Board of Education, he had been involved in past negotiations with the Council and he trusted that the Council had treated the Board as fairly as they had in the past.

Daniel Fallon. 1004 Forrest Road reiterated his concern over Councilmembers receiving family health benefits; he asked for the status of the “Ad Hoc” committee’s report and suggested a referendum as a means of addressing his concern.

Mayor Nicol advised that he had appointed Councilmembers Nolan, Garruzzo & Scott to the committee and he expected their report in the near future.

Mr. Fallon asked if the report would precede the November Election? The Mayor advised that it would.

Mary Lou Bolger, 2 Water’s Edge, inquired about two sand bags on Green Avenue and the fact that two fire hydrants on Fisk Avenue were covered in plastic. Ms. Bolger asked who she should call about these matters?

Mayor Nicol suggested that she ask her husband, but Coun. Bolger quipped that “he didn’t return calls.”

Coun. Shaak explained that during a recent drill it was discovered that the fire hydrants on Fisk Page 62 8th May 2006

Avenue had the wrong threads. The contractor was returning to fix them, but meantime they were out of service. However, there were other hydrants in the area so there was no lack of fire protection if needed.

As to Green Avenue, another hydrant was laying on its side awaiting installation. Once the hydrant was installed the bags would be removed.

Ms. Bolger also suggested that the Council entertain requesting merchants to provide outside receptacles for smokers in light of the new indoor smoking ban. This would help to keep cigarette butts out of the storm drain system and, with that in mind, Ms. Bolger announced that, as she had done, in prior years, she was hosting a clean-up of the area around the Fisk Avenue Draw Bridge and she invited the Council to attend.

Coun. Nolan asked Coun. Shaak if there was sufficient fire protection in the Fisk Avenue area? Coun. Shaak advised that there were abundant hydrants in the area. There were two within 750 feet of the condominiums and, while 500 feet was the preferred distance, once the new hydrants were restored to service there would be more then required for fire protection.

Coun. Garruzzo reminded the public that the Cub Scouts would hold their Spaghetti & Meatball Supper at the Fire House on Saturday, May 13th, at 7:00 p.m. The price was $5.00, the cause was worthy, and both Coun. Garruzzo and his father would be preparing the meatballs.

Carol Stark, 1013 Riverview Drive, inquired as to why there wasn’t a fence around Carpenter’s Park on Green Avenue given the proximity to the train tracks and the fascination the small children had with passing trains? Mayor Nicol said that the Council would review the matter.

Borough Historian John Belding was recognized and he thanked the Council and the Municipal Family for their support following the passing of his spouse Betty. He added that he had “dropped the ball” in recent weeks due to her illness, but he thanked Dave Dupre for filling the void and added that he was getting back on track.

He also informed the Council that, on Sunday, May 28th the Historical Society would present a tableau at the Osborn Family Cemetery, on Holly Hill Drive, @2:00 p.m. The program would provide the public with an insight into the history of the Osborn Family.

There being no further comments, the meeting was adjourned at 8:05 p.m. on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.

Approved: May 22nd, 2006 _____________________________
Thomas F. Nolan
Municipal Clerk