www.briellenj.com
A Community by the River

Borough of Brielle, NJ


August 28, 2006

October 27 2006

August 28, 2006

Page 108

MINUTES AUGUST 28th, 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 that he had nothing to report.

Mayor Nicol then presented Borough Historian John Belding with a recognition certificate from the Monmouth County Board of Chosen Freeholders that read as follows:

“This certificate is presented on the occasion of the 75th Anniversary Celebration of the Opening of the Manasquan Inlet. For the past 75 years, recognizing the importance of access to the ocean, the Manasquan Inlet has contributed to the success of the yachting, fishing, recreation, tourism and surfing economy of the Boroughs of Point Pleasant, Point Pleasant Beach, Manasquan & Brielle. In recognition thereof, the Monmouth County Board of Chosen Freeholders joins with the citizens of the Boroughs of Manasquan, Brielle, Point Pleasant & Point Pleasant Beach in acknowledging the enormous value of the Manasquan Inlet to our community by proclaiming this day, August 22nd, 2006 as “75th Anniversary of the Manasquan Inlet” in the County of Monmouth.

The Borough Historian thanked Mayor & Council and advised that the certificate would be placed in the Borough Archive and be displayed on appropriate occasions such as in the Curtis House on Brielle Day.

Mr. Belding added that Brielle had pledged to contribute $28,000 toward the inlet project in 1928. When the bill came due in 1931 it was the height of the depression and no mean task to raise the funds, but it was accomplished.

The session was adjourned at 7:32 p.m. on a motion by Coun. Garruzzo seconded by Coun. Nolan.




Page 109

MINUTES AUGUST 28th, 2006 MEETING START: 7:33 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. Shaak and seconded by Coun. Lenzen, to accept and file the Minutes of the August 14th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan & Scott; all aye. Coun. Shaak abstained.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-106 for passage of the Consent Agenda.

RESOLUTIONS
06-106-A through 06-l06-E (see insertions).
06- 106-F to hire Rory Higgins as a Probationary Employee in the Department of Public Works, effective with his compliance of all municipal requirements.
06-I 06-G to authorize the Mayor & Clerk to execute Change Order No. 1, in the amount of $4,912.92 re: Schoolhouse Road.
06-106-H to authorize the Mayor & Clerk to execute Change Order No.1, in the amount of $23,707.64 re: Ashley Avenue.

MOTIONS

None.

Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed. (Note: Coun. Shaak abstained on Resolutions “D” and “E” due to his membership in the sponsoring organization).

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-107 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 August 28th, 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; all aye. No nays. Passed.






Resolution No: 06-106-A Date: August 28th, 2006


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on August 15th, 2006, Guild of Ocean Medical Center, 425 Jack Martin Blvd., Brick NJ 08724, submitted Raffle Application No. RA-2006-9, ID No. 401-4-6902 for an off-premise gift auction to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle NJ 08730 on November 15th, 2006 from 11:30am to 3pm.
.
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 August 28th, 2006.

Witness my Hand and Seal of the Borough of Brielle, this 29th day of August 2006.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL



Resolution No: 06-106-B Date: August 28th, 2006


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on August 15th, Guild of Ocean Medical Center, 425 Jack Martin Blvd., Brick NJ 08724, submitted Raffle Application No. RA-2006-10, ID No. 401-4-6902, for a 50/50 on-premise raffle, to be held at the Manasquan River Golf Course, on November 15th, 2006 from11:30am to 3pm.
.
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 August 28th, 2006.

Witness my Hand and Seal of the Borough of Brielle, this 29th day of August 2006.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL



Resolution No: 06-106-C Date: August 28th, 2006


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on August 15th, 2006, Guild of Ocean Medical Center, 425 Jack Martin Blvd., Brick NJ 08724, submitted Raffle Application No. RA-2006-11, ID No. 401-4-6902 for an on-premise gift auction to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle NJ 08730 on November 15th, 2006 from 11:30am to 3pm.
.
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 August 28th, 2006.

Witness my Hand and Seal of the Borough of Brielle, this 29th day of August 2006.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL



Resolution No: 06-106-D Date: August 28th, 2006


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on August 15th, 2006, Brielle First Aid Squad, 710 Old Bridge Road, Brielle, NJ 08730, submitted Raffle Application No. RA-2006-12, for an on-premise gift auction, to be held on The River Queen, September 29th, 2006 from 7pm to 11pm.
.
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 August 28th, 2006.

Witness my Hand and Seal of the Borough of Brielle, this 29th day of August 2006.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL




Resolution No: 06-106-E Date: August 28th, 2006


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on August 15th, 2006, Brielle First Aid Squad, 710 Old Bridge Road, Brielle, NJ 08730, submitted Raffle Application No. RA-2006-13, for an on-premise gift raffle, to be held on The River Queen, September 29th, 2006 from 7pm to 11pm.
.
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 August 28th, 2006.

Witness my Hand and Seal of the Borough of Brielle, this 29th day of August 2006.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL





Page 110

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER SEVEN OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “TRAFFIC”.

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

The Administrator explained that the ordinance clarified the purpose of the existing handicapped parking spot at the Brielle Elementary School. Henceforth it would be reserved for use by the parents of handicapped school children who would be issued permits by the Brielle Police Department.

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

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-108 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, then introduced Resolution 06-109 to authorize of passage and adoption in the Coast Star Newspaper according to law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak: all aye. No nays. Passed.

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER THREE OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “POLICE REGULATIONS”.

The hearing was opened on a motion by Coun. Lenzen, seconded by Coun. Scott.

Mayor Nicol recognized Councilman Shaak who advised the public that he, along with the Mayor, Chief of Police & the Administrator, had met with representatives of George Harms Construction & NJDOT. Coun. Shaak then read the following statement.


AUGUST 23rd, 2006 MEETING SUMMARY:

On Wednesday, August 23rd, I along with Mayor Nicol, the Chief of Police and the Administrator, met with Rob Harms and members of his staff, along with John Szafranski and representatives of NJDOT.

The purpose of the meeting was to discuss the impact of the proposed amendments to the Municipal Noise Ordinance that would exempt the Route #70 Bridge Project from the current restrictions.

The Borough was reminded that the bridge project is seasonal due to restrictions placed on the construction by NJDEP. Because of potential impacts on fish and wildlife the contractor can only work during six months of the year. Time is therefore of the essence if the project is to be completed in a timely manner.

Both the State & Contractor agreed to adhere to a 7:00 a.m. start-time. However, there could he times Page 111

when the requirements of the job would result in a deviation from that mutually accepted time. The bid specifications did require the contractor to pave at night to ensure limited adverse impact on traffic flow. Due to availability the pouring of concrete for footings might also occasion a deviation, but such incidents would be exceptions and not the rule. The contractor agreed to supply information on such activity to the Brielle Police Department for posting on the municipal web site. The consensus opinion was that such notices could be provided at least twenty-four hours prior to the action taken place.

The State also raised the issue of sovereignty. In the opinion of the State the construction activity is taking place within the state right-of-way and therefore is exempt from local ordinance. This is a legal issue and NJDOT was unable to produce any case law to prove that point.

However, in the opinion of the Borough, strict enforcement of the current ordinance could only result in costly litigation that, win or lose, would likely take years, during which time the State would probably seek and receive a stay pending the final outcome. Neither I or Mayor Nicol believe that it is in the interest of Brielle Taxpayers to pursue such a course.

Rather, given the assurances we received from the State and the Contractor, we feel that the prudent course is to adopt the ordinance before us, keep the public advised of deviations from the 7:00 a.m. start time through the web site, and to work with the contractor to expedite the project and see it completed as quickly as possible. The project is in the public interest and clearly the replacement of the existing drawbridge with a new fixed span serves the greater good. There are those times when we must remember that in addition to being residents of Brielle, we are residents of the State of New Jersey and the United States of America. There will be times when the needs of we the people must take precedent over local interest.

In a post 9/11 World I believe that the construction of the Route #70 Bridge, a major arterial and primary evacuation route qualifies as such a project.

I would note that the Contractor did inform us that the construction of the noise walls has begun and that the timeframe for completion is ten weeks.

Mayor Nicol made the construction of this noise barrier, at the earliest possible date, a requirement of the bid specifications and we believe that, upon their completion, the impacted residents should receive immediate relief from much of the noise.
______________________________________________________________________________

Coun. Nolan asked if Coun. Shaak was satisfied that the noise walls could be constructed within the ten week period cited? Coun. Shaak stated that he believed it could be accomplished.

The Chair then recognized Mary Burke, 1013 Cedar Lane, who cited her on-going concerns with noise from the project; she also cited the pending Route #35 project and asked the Council why they would amend the ordinance to give up the only protections they had from construction noise?

Coun. Shaak reiterated the points made in his statement as to time restraints placed on the project by NJDEP and his belief that enforcement of the existing ordinance could only result in costly litigation and would also result in a “stay” pending resolution of the issue in the courts. During such time the ordinance would be deemed void and unenforceable.

Page 112

Ms. Burke asked why the Borough had not enforced the ordinance to date. Coun. Shaak stated that NJDOT contended that the work was taking place in their right-of-way and this territory was sovereign.

At this juncture the dialogue turned to the issue of the noise walls. Ms. Burke asked why the Council could not delay action for ten weeks to permit the noise walls to be completed. She believed that this would be in the interest of the neighbors.

Ed Burke, 409 Union Lane, advised the Council that, if they amended the ordinance and noise from the future Route #35 project woke him up, he would call each of them and wake them up.

Dave Dupre, 1016 Riverview Drive, asked if there was a legal reason that prevented the Borough from enforcing the ordinance?

Attorney Montenegro explained that, as a point of law, local Land Use Law is preempted by State Law. In this instance the State claims sovereign immunity from all local ordinances. However, it remains uncertain as to whether or not this exempts the State from compliance with other local ordinances, such as the noise ordinance. There is no clear case law on point so an attempt by the Borough to enforce the ordinance would most likely end in litigation.

Attorney Montenegro explained that, what Mayor Nicol & Coun. Shaak had attempted was to protect the interests of the local residents by getting the NJDOT to agree to a 7:00 a.m. start time.

Coun. Bolger asked Ms. Burke if she was satisfied that the noise wall, anticipated to be complete within ten weeks, would offer protection from the noise.

Ms. Burke replied that the state had stripped the buffer area of all trees and thereby increased the noise levels. Ms. Burke noted that life was “negotiation” and suggested that the Borough had an obligation to protect the residents from noise. Ms. Burke cited her involvement with the project from the start and a petition she circulated to force the state to reduce the height of the bridge as originally planned.

Coun. Bolger reiterated his question as to whether or not she believed that the noise wall would provide the level of protection she desired?

Ms. Burke stated that her husband was a civil engineer and he had reviewed the plan and found it to be satisfactory.

Coun. Nolan asked if the trees that were removed had been on Ms. Burke’s property or the state right-of-way? She replied that they were on the right of way.

Mary Lou Bolger, 2 Water’s Edge, suggested that the anticipated council action be delayed until the wall was constructed. She added that such action could stimulate the contractor to complete the wall more quickly.
Page 113

Ms. Burke cited Coun. Shaak’s reference to notification via the web and asked if this meant that the contractor would not provide notice to the residents prior to paving at night?

The Administrator advised that web notice was an enhancement of the notice provisions of the contractor. The contractor would still be required to provide notice in the traditional manner.

Coun. Bolger asked Coun. Shaak if he believed that the noise wall could be completed within the ten week timeframe cited?

Coun. Shaak noted that, despite the state shut down which had cost the contractor delays, he was now back on schedule and, weather permitting, the wall should be completed within the ten week period.

Given that fact, Coun. Bolger stated that he did not believe that the Governing Body should give up the leverage provided by the ordinance; he suggested that the manner be carried until the noise wall was completed.

Coun. Garruzzo asked Coun. Shaak if he was satisfied that NJDOT and the Contractor were working with the Borough and had agreed to a 7:00 a.m. start time that was reasonable; and if he believed that the interests of the residents had been protected?

Coun. Shaak said that the 7:00 a.m. start time would help to minimize the construction noise and mitigate disruptions for the neighbors.

Coun. Nolan asked if there had been any conversation regarding the impending shorter daylight hours? Coun. Shaak said that was another factor in why the job had to move along; he added that there was good news, the pile driving should be completed within two weeks and then there would be relief until construction began on the next section.

Ms. Burke noted that it appeared that the Council favored removing the noise restrictions and she asked that the matter be carried to the next meeting.

Council disagreed and the hearing was closed on a motion by Coun. Lenzen, seconded by Coun. Shaak.

Coun. Lenzen, seconded by Coun. Shaak, introduced Resolution 06-110 for passage on second and final reading of the foregoing ordinance. Vote: Coun. Garruzzo, Lenzen, Nolan. Scott & Shaak: all aye. Coun. Bolger nay. Passed.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-111 to authorize publication of passage and adoption in the Coast Star Newspaper according to law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of Page 114

"BOND ORDINANCE PROVIDING AN APPROPRIATION OF $62,900 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE. IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $59,755 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APPROPRIATION.”

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

The Administrator explained that the ordinance provided the funds necessary for the Fire Company to undertake improvements to the truck bays and that the monies expanded would he reimbursed through a FEMA Grant.

Mary Burke, 1013 Cedar Lane, asked if the Fire Company was providing any part of the funding?

The Administrator explained that they would provide the five percent down payment or $3,145.00.

Coun. Shaak noted that the bulk of the funds would be used for a system that extracted diesel fumes from the truck bays and brought the company into compliance with OSHA Regulations.

The hearing as closed on a motion by Coun. Garruzzo, seconded by Coun. Lenzen.

Coun. Lenzen, seconded by Coun. Nolan introduced Resolution 06-112 for passage and adoption on second reading of the foregoing Bond Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-113 to authorize publication of passage and adoption in the Coast Star Newspaper in compliance with Local Bond Law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who cited the Borough’s 100% compliance received as a result of a recent EJW Inspection. Robert McArthur and William Burkhardt were thanked for efforts toward that end.

Coun. Scott also cited the completion of the interview process for a new Public Works employee and the hiring of Brielle resident Rory Higgins as a probationary employee. Mr. Higgins had worked for the department part-time and had exhibited a good work ethic and appeared eager to join the force.

Coun. Scott concluded with noting her attendance at a number of the events in honor of the 75th Anniversary of the Manasquan Inlet, including the Eco-Cruise and the boat parade. She believed
that Brielle had been well represented by Coun. Nolan & Shaak and she complemented them along with Borough Historian John Belding for their efforts.

Page 115

Coun. Bolger echoed Coun. Scott’s sentiments on the event and added that Mayor Nicol had also put a lot of time and effort into making it a success. Coun. Bolger noted that all the groups he reported on were currently engaged in gearing up for Brielle Day.

In closing he cited the two raffle applications sponsored by the First Aid Squad and informed the public that the raffles would be held on board the River Queen as part of a fundraiser, to be held on September 29th on behalf of the Transplant Foundation. Coun. Bolger added that personal experience had demonstrated to him and his family the importance of this cause.

Coun. Nolan thanked the Council for their participation in the 75th Anniversary celebration and the boat parade; he noted that it took nine months of hard work to bring it all together and it had been an extraordinary event. Coun. Nolan thanked Mayor Nicol, Coun. Shaak, Misters Belding & Dupre, the River House and all the boat owners, but in particular Bogan’s Basin for their efforts in this endeavor.

Coun. Nolan advised the public that two dead birds had been found in Brielle and tested for West Nile virus. The test had proved positive. While there was no immediate cause for alarm. Coun. Nolan urged the public to take sensible precautions to protect against mosquitoes and added that the Monmouth County Mosquito Commission was already surveying the Borough and implementing protective measures.

Coun. Shaak added his voice to those in praise of the inlet observance and noted that it was the first time since the original event that all four communities had joined together in a common cause; he added that it was gratifying to see so many volunteers working so successfully together.

Coun. Shaak reminded the public that, if they found a dead bird, not to touch it, but to immediately contact the Brielle Police.

Neither Coun. Garruzzo or Lenzen had reports, but both added their voices in praise of the 75th Anniversary of the Manasquan Inlet.

Mayor Nicol opened the meeting to the public and recognized Ron Ernish, 405 South Street, who cited the inlet and urged Council to protect Brielle from further development that threatened marine life and the character of the community.

Mr. Ernish also urged Council to intervene in a rumored sale of First Aid property for commercial development; he did not believe that the Squad should have the right to sell the property.

William Brannick, 805 Schoolhouse Road, agreed with Mr. Ernish and queried Coun. Bolger, as liaison to the First Aid Squad, how this could come about.

Coun. Bolger explained that the property belonged to the First Aid Squad and was not public property.
Page 116

Mr. Brannick replied that they received money and donations from taxpayers.

Coun. Bolger advised that the Borough provided an annual subsidy to the squad to help fund their operations. Those funds were subject to annual review and audit by the Council.

Coun. Bolger noted that, as liaison, he had been made aware of the proposed sale, by the First Aid Squad and Coun. Shaak and he had reviewed the matter and he was comfortable that there was nothing improper in the proposed sale.

Mr. Brannick asked why there were no bids and no advertisement?

Coun. Bolger reiterated that the First Aid Squad was a private corporation and not subject to the same provisions as the Borough they were “a horse of a different color”.

Mr. Brannick stated that he had spoken with Board of Adjustment Secretary Karen Brisben and the matter was scheduled for a hearing before that Board on September 5th; he urged residents to attend.

An unidentified gentleman, from 1301 West Union Lane, in Wall Township voiced his concern and that of the other condominium owners who lived directly across from the First Aid Building, that the proposed commercial development would impact traffic on Old Bridge Road.

Steven Hines, 604 Brielle Avenue, and a former resident of Toms River, had a concern over the recent newspaper article discussing a proposed plan to regionalize police departments in South Monmouth; he could not envision how it could work.

Mayor Nicol advised Mr. Hines that Brielle was sending a representative to the meeting on September 12th to obtain formation on the proposal, but at this point it was just a point for discussion.

Lois Hanson, 634 Summit Place, inquired about the issue of additional summer trash collection. Coun. Garruzzo advised that he was reviewing the matter. The current contract expired on December 31st, 2007. The estimated cost for such service was around $100,000, but that did not consider increased fuel costs since the current contract was signed. The Borough was entertaining a number of options, and the public would be kept appraised of any action.

Ms. Hanson also cited her concerns, given the West Nile issue, over the NJDOT detention basin on Old Bridge Road, which contained stagnant water and was a breeding ground for mosquitoes.

Coun. Nolan assured her that the County would be looking at that site along with others in Brielle. Coun. Shaak added that the County had been made aware of the site five years ago and it was on their annual rotation of places to be treated for mosquito infestation.

George Sevastakis, 408 Higgins Avenue, voiced strong opposition to the proposal to regionalize Page 117

police forces; he believed that consolidation “hurt the little guy” and he was particularly opposed to any consideration of a merger with Belmar, whose problems were well known.

Mr. Sevastakis also took County Dispatch to task and cited an incident where he waited forty-five minutes for an officer to be dispatched to address an early morning incident of disorderly conduct.

Mr. Sevastakis saw Brielle as a unique community and a desirable place to live; he urged Council not to give away what it took fifty years to build up and he praised “home rule” and municipal employees. He called Chief Palmer one of the finest Police Chiefs in Monmouth County.

Mary Burke was recognized and she thanked Coun. Bolger for voting no and supporting the taxpayers; she stated that she was disappointed in the rest of the Council.

Sandy Fox, 312 Leslie Avenue, had a concern over the sale of the First Aid property. As a former member for thirty-eight years she recalled that the land was purchased as a site for an emergency generator. She wondered where such a generator could now be placed and if there would be an adverse impact on parking at the site?

Coun. Shaak noted that the contemplated generator would require fifty square feet, so there was no problem and while the lot line was being redrawn because of the slope of the lot proposed for sale, any parking impacts would be minor.

Coun. Shaak also reminded the public that the First Aid Squad purchased its own ambulances, hence the use of NF (Non-Profit) license plates as opposed to MG (Municipal Government). The new ambulance had been funded partly by public money, $25,000 from the Borough, but $100,000 had come from squad funds.

Jack Baatz. 1105 Aileen Road, asked if the squad needed money? Wasn’t the $32,500 received from the Borough enough? Who decided to sell the lot?

Coun. Shaak explained that it was a squad decision to sell the land and that the proceeds would be used to reduce dependency on municipal funds.

Jim Downey, 1301 West Union Lane, asked about the negative impacts of a trucking company on Old Bridge Road?

Coun. Shaak explained that the proposed development was for an administrative office to house six employees. There would be no commercial trucks at the site.

Coun. Bolger added that the Board of Adjustment was the entity with jurisdiction in this matter. He said he was gratified at the public interest in this matter, but it should be noted that the First Aid Squad was a separate non-profit organization and as such had brokered the sale of a vacant lot. That sale was conditioned upon the approval of the Zoning Board of Adjustment whose
Page 118

members would decide whether or not to grant a "use variance” to permit a commercial structure to be constructed in a residential zone. Public concern should be voiced at that meeting.

Coun, Nolan asked if the sale was conditioned upon that approval and he received an affirmative answer from Coun. Shaak.

Ed Burke asked if the Council had addressed the problem with bicyclists that he had raised at the last meeting? Mayor Nicol said it had been referred to the police. Mr. Burke noted that he had observed no improvement in the situation and the Mayor said that he would speak with the police again.

Ron Ernish again urged the Council to resist condominium development.

Janice Wurfel, 506 Green Avenue, asked if Council could place a moratorium on such development?

Attorney Montenegro explained that the basis for a moratorium had to be the inability of a local utility to service a proposed development.

The Attorney did acknowledge that impacts such as traffic could be addressed when the master plan was revisited every six years.

Mayor Nicol interjected that the Council had no authority to prohibit the sale of property. Ron Ernish challenged the Council to maintain the integrity of the C-2 Zone and comply with CAFRA’s three hundred foot buffer requirements.

Attorney Montenegro explained that a Land Use Board reviews a proposed application to see if a deviation from the zoning ordinance could be granted. In the case of the First Aid Squad lot, the variance being requested is a “use” variance. Such a variance requires the approval of five of the seven members of the board

The Attorney also advised that CAFRA Approval is a separate issue and the set back is 150 feet from the mean high water line. Mr. Ernish believed it was three hundred feet.

Mary Burke asked if the First Aid Squad was a private not for profit entity why they needed to sell land?

Coun. Bolger advised Ms. Burke that such an inquiry was more properly directed to the First Aid Squad, but Coun. Shaak interjected that while he held no office in the squad, he was a member and one reason for the sale was to increase revenue lost due to a diminished fund raising capacity.

The Squad had answered five hundred calls thus far in 2006 and some seven to eight members had answered over a hundred calls. The volunteers were exhausted and fundraising became an added burden. Coun. Shaak cited a recent coin toss, in extremely hot weather, that had garnered
Page 119 28th August 2006



only small donations.

When asked if she could attend a First Aid Squad meeting, Ms. Burke was told only members could attend. She felt that, as a taxpayer, she should have something to say about the sale of property.

Jessie Eubank, 45D Mount Laurel Lane, voiced a concern over the plethora of trucks at the Perennial Garden site and asked why these vehicles were being parked at a retail store? Ms. Eubank also asked who collected the trash at the trailer park?

Mayor Nicol said that the truck issue would be referred to Code Enforcement and Coun. Shaak advised that the Borough Contractor collected the trash at the trailer park.

Ms. Eubank suggested that they be the first to receive twice a week collection.

There being no further comments, the meeting was adjourned at 9:08 p.m. on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.




Approved: September 11th, 2006 __________________________
Thomas F. Nolan
Municipal Clerk


















 

RELATED LINKS