A Community by the River

Borough of Brielle, NJ

July 24, 2006

October 27 2006

July 24, 2006

Page 93


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 that he had nothing to report, but he asked for permission to add a resolution to the Consent Agenda to permit the release of a developer’s escrow fund. Council gave their authorization. The Administrator also advised that there was a need to go into executive session for contract negotiations.

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

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


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. Garruzzo and seconded by Coun. Lenzen, to accept and file the Minutes of the July 10th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. Coun. Shaak abstained.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-95 for passage of the Consent Agenda.


06-95-A to declare that an emergency existed and the Borough did not have sufficient time to secure quotes, as required by the Local Public Contracts Law, relative to the need to make emergency repairs to the chlorinator located at the Old Bridge Road Water Plant.

06-95-B (see insertion).


Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-96 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 July 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 & Shaak; aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who praised the Department of Public Works for their prompt response in removing fallen trees and branches that resulted from a recent storm. The Councilwoman also reminded the public that the Recycling Center was for recyclables and not household waste. Coun. Scott hoped that new signage would make the public more aware of that fact.

Resolution No: 06-95-B
Date: July 24th, 2006

Borough of Brielle Resolution

WHEREAS, there exists a Developer’s Escrow Fee account for a retaining wall at 23 Lebanon Drive, owned by Grace Roberts (also known as Rocon Contracting), and

WHEREAS, Birdsall Engineering has done a final inspection and has released the escrow money being held,

NOW, THEREFORE, BE IT RESOLVED that a check be drawn in the amount of $1,549.62 and refunded back to Rocon Contracting.

Approved: July 24th, 2006

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Coun. Bolger noted that the Board of Recreation’s Summer Recreation Program was in “full swing” and well attended. He also cited the new Flag Football Program for grades 1 through 8 that would begin in the Fall; he saw that program as another example of the Board’s willingness to try something new.

Coun. Nolan reminded the public that the ongoing 75th Anniversary celebration of the Manasquan Inlet would feature a boat parade on August 22nd between 6:00 and 9:30 p.m. Coun. Nolan also noted that a celebration would take place at the River House Restaurant on August 24th; he hoped to have more detailed information by the next meeting.

Coun. Shaak advised the public of a recent fire at the Brielle Motor Court. A trailer was destroyed and the owners intended to replace it. During the course of fighting the fire, Coun. Shaak and Code Enforcement Officer Langenberger became aware of a number of possible code violations. They were subsequently investigated and are now being addressed.

Coun. Shaak cited Brielle Fire Company’s work on the Route #70 Bridge which became stuck in the open position during the recent excessive heat. The high temperature cause the bridge to swell and once it is opened for boat traffic it can’t be closed until it is cooled. During two such incidents the Fire Company poured 10,000 and 3,000 gallons of water on the bridge respectively.

Not only is this time consuming for the Fire Company, but these incidents left traffic jammed for almost two and a half hours. Coun. Shaak was pleased that NJDOT had agreed not to open the bridge during periods of excessive heat. As Fire Chief he had also been in touch with the Fire Marshals of Monmouth & Ocean County who agreed to take a regional approach to these incidents to take some of the burden off the Brielle Fire Company. Coun. Shaak added that a sprinkler system devised to cool the bridge, but removed due to litigation resulting from an automobile accident, would be replaced as the courts found in favor of NJDOT.

In closing, Coun. Shaak noted that the Route #70 bridge project had been delayed by the shutdown of state government at the beginning of July. The contractor was confident that the lost time could be made up. Coun. Shaak added that if residents had concerns over noise or other related issues NJDOT had a field office on Herbertsville Road in Brick.

Addressing the noise issue, Coun. Scott interjected that “we should all be a little patient”.

Coun. Garruzzo had no report and Coun. Lenzen advised that his committee was addressing the issue of handicapped permit parking at the Brielle School. A spot had been designated for parents and school buses to drop off handicapped students. However, some individuals who had handicapped parking stickers were parking in the spot. This was not the intent and an ordinance that would clarify the issue was under discussion.

Coun. Lenzen also advised the public that the TRAK System was being deployed on Riverview Drive and he would have the results at the next meeting.

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Mayor Nicol then opened the meeting to the public. Janice Wurfel, 506 Green Avenue, thanked the Department of Public Works for the fine job they did in removing tree branches that had fallen on her garage.

Bill Brannick, 805 Schoolhouse Road, asked the Council if, as a result of the action taken by the Manasquan Council, the Mayor & Council were prepared to give up their health benefits?

Mayor Nicol advised that, at the last meeting, Council had addressed that issue and they were not giving up the benefits.

Mr. Brannick asked if the Municipal Judge and the Borough Attorney also received health benefits? The answer was “no”.

Gary Pstrak, 1020 Riverview Drive, asked if the Council had made a decision on whether to replace a retiring public works employee and/or procure a janitorial service; he added that he had anticipated Coun. Scott including that information in her committee report.

Coun. Scott explained that, at the prior meeting, her “committee” had made a recommendation to Council to replace the employee and to secure a janitorial service. As of this meeting a decision had been made to advertise for an entry level laborer’s position. The issue of the janitorial service would be explored at a later date. The DPW would, as it is currently doing, attempt to maintain the Borough’s buildings from within the department.

Daniel Fallon, 1004 Forrest Road, cited Manasquan’s decision to forego health benefits and he once again urged the Council to relinquish their health benefits or to place the matter on the November ballot as a referendum. He added that the money saved would have paid for both a new DPW employee and a janitorial service.

Carol Stark, 1013 Riverview Drive, asked if the TRAK System will be deployed at other locations on Riverview Drive?

Coun. Lenzen advised that it will be deployed at various locations throughout the Borough. Rankin Road was cited as a possible location. The idea being to ascertain where vehicles were violating the speed limit and to make an appropriate police response.

Ms. Stark asked if that included other locations on Riverview Drive or just the one location where the TRAK was now being employed?

Coun. Lenzen said it would be placed at other Riverview Drive locations such as the bend by the Manasquan River Golf Course; he added that the system, provided speed, direction and number of vehicles and the Riverview Drive information would be quantified and made available at the next meeting.

Dave Dupre, 1016 Riverview Drive, voiced his concern over the traffic on Riverview Drive
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during the recent bridge incident; he noted that only a handful of cars could make it through the light at the intersection of Higgins Avenue & Riverview Drive and traffic had been backed-up the length of Riverview Drive.

Coun. Shaak sympathized with Mr. Dupre and noted that the Police had attempted to manually operate the signal to ease the congestion, but that had only transferred the problem back to the next intersection. With the Route #70 Bridge stuck in the upright position, the local roads simply could not handle the traffic.

Mr. Dupre asked about the status of the Route #35 Bridge and was advised that the job was scheduled for bid in the near future, but only the deck was being replaced. The bridge would remain a drawbridge. Coun. Shaak interjected that there had never been a problem with heat expansion on the Route #35 Bridge.

Bruce Wetzel, 822 Post Road, offered a “civics lesson” to the public. Mr. Wetzel explained that the decision to relinquish health benefits in Manasquan was purely political as the Council was evenly divided between Democrats & Republicans, with a Republican Mayor. Councilman Dempsey had “blindsided” his colleagues to gain political advantage and hopefully a democratic victory in November. Manasquan’s Council has historically seen changes in political control and this action was simply part of the political process.

Robert Collinson, 316 Green Avenue, suggested that Mr. Fallon volunteer for some organization in town and stop his “personal vendetta” against the Council; he asked Mr. Fallon if he was a teacher and asked if he would receive health benefits for life upon retirement? Mr. Fallon did not respond, but an unidentified individual stated that questions were to be directed to the Council and not to members of the public.

Joe Harriman, 522 Harris Avenue, stated that he was a resident and a volunteer fireman and that he had no vendetta, but he believed that the issue of health benefits should be placed on a referendum.

Jim Stenson, 810 Rathjen Road, asked if the Mayor & Council would put the health benefits issue to a vote?

Mayor Nicol stated that you can’t govern by referendum. Mr. Stenson responded that he felt the Council was ignoring the voice of the people. Mayor Nicol replied that the Council was always attentive to the people.

Andrew Crowe, 624 Union Lane, asked which Councilman was coordinating the revaluation? Coun. Shaak advised that, as Community Development Chairman, he assumed he was, but suggested that the Tax Assessor, Mary Lou Hartman, was the contact person for questions on the revaluation process.

Coun. Nolan & Coun. Bolger both interjected that Mr. Crowe should feel free to contact any Page 98 24th July 2006

member of the Council on any issue at any time. “That is what we are here for” noted Coun. Bolger. Coun. Lenzen added that Ms. Hartman was available on Monday Evenings and her office was across the hall.

Dave Dupre asked if the members of the Board of Education received health benefits? The Council advised that they “did not know”.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 06-97 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 July 24th, 2006, as follows:

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:
“Contract Negotiations”.

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 8:08 p.m. and ended at 8:35 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, the Borough Administrator was authorized to proceed in this matter as discussed in the Executive Session; all aye. No nays.

The meeting was adjourned at 8:36p.m. on a motion by Coun. Lenzen, seconded by Coun. Nolan.

Approved: August 14th, 2006. ___________________________
Thomas F. Nolan
Municipal Clerk