A Community by the River

Borough of Brielle, NJ

November 13, 2006

December 29 2006

November 13, 2006

Page 146


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 the Council that he had nothing to report, but noted that there was a need to go into Executive Session to discuss contract negotiations.

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

Page 147


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


Mayor Nicol convened 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 October 23rd, 2006 meeting; all aye.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-126 for passage of the Consent Agenda.


06-126-A to authorize the Mayor & Clerk to execute an agreement with Commerce Risk Control Services for the provision of Drug & Alcohol Testing for Department of Public Works Personnel who hold CDL Licenses.
06-I 20-B to approve a request by the National Multiple Sclerosis Society to pass through the Borough of Brielle on May 19th & 20th, 2007 as part of their annual “Coast to Coast” Bike tour.



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

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-127 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 Finance Officer, in the amount of same for payment of the bills of November 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; all aye. No nays. Passed.

Page 148

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

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

The Administrator explained that the ordinance brought the Borough into compliance with recommendations made by the Monmouth County Planning Board regarding the NJDEP mandated Stormwater Management Regulations.

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

Coun. Scott, seconded by Coun. Garruzzo, introduced Resolution 06-128 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. Garruzzo, seconded by Coun. Nolan, then introduced Resolution 06-129 to authorize for passage and adoption in the Coast Star Newspaper according to law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak: all aye. No nays. Passed.

The Mayor then called for committee reports and recognized Coun. Scott who reminded the public that, in observation of the Thanksgiving Holiday, the Scouts would be collecting newspapers on Saturday, November 18th, along with canned goods.

The Councilwoman also noted that two of the Borough’s three leaf machines had been out of service. One had been repaired, but obviously the down time had impacted on leaf collection. Coun. Scott asked the public “to bear with us” as the Public Works Department endeavored to get back on schedule.

Coun. Scott also reminded the public that brush was not being collected. Any brush generated by the Fall storm had been collected. No brush will be taken until the end of leaf season in December and residents were asked to keep it on their property and out of the street to avoid it impeding leaf collection or, in the event of an early snow storm, plowing. The Councilwoman also pointed out that, in compliance with the new Stormwater management regulations, all brush and leaves had to be piled at least ten feet away from a storm drain.

In closing, Coun. Scott cited the recent placement of new “recycling” containers along the Higgins Avenue “Gateway”. The new containers complemented the existing trash containers and hopefully they would ensure that trash and recyclables were separated.

Coun. Bolger praised the Environmental Commission for their “quiet but steady progress” and noted their most recent initiative, which called for the placement of signage which would identify access points for those who wished to launch small watercraft.
Page 149

The Councilman also cited the Brielle Recreation Commission’s December 10th trip to the South Street Seaport and he reminded the public that their programs were not aimed solely at recreational activities such as sports. He noted that he and his wife had recently attended a Broadway play, Spamalot, under the aegis of the Commission; he added that the Commission only charged for the ticket, the bus trip was free and there was no better way to attend such an event.

In closing, Coun. Bolger informed the public of a little known cultural resource, the Monmouth Museum, which is located on the campus of Brookdale College, and was currently putting on its holiday program which included a number of Christmas Trees decorated by local garden clubs included Brielle’s own Bayberry Garden Club.

Coun. Nolan advised the public that the final sections of the “noise wall” along Route 70 had been installed. The delay had resulted from the need to relocate some utilities.

Coun. Nolan noted that the web-site was up and running and he looked forward to public input. He also cited the Borough’s attempt to obtain a grant under the NJDOT’s safe routes to school program. The Borough hoped to obtain funding to provide sidewalks along Union Lane.

Coun. Shaak noted that the long awaited Borrie Avenue Drainage Project was underway and he added that the Route #35 Bridge Project was scheduled to begin right after the Thanksgiving Holiday.

Coun. Garruzzo advised that the annual budget process had been initiated and he was pleased to report that all departments had complied with his request for a 2% reduction in their other expense items.

On behalf of Coun. Nolan and himself, he thanked the voters for their return to office on November 7th.

Coun. Lenzen reminded the public of how important it was for residents to be aware of their surroundings and to get involved when suspicious activity was observed. He cited a report from Chief of Police Michael Palmer which had advised him that on November 3rd at 12:09 p.m. Mayor Nicol and his wife had been instrumental in stopping a possible burglary. Mrs. Nicol had observed a suspicious looking young man go to the front of a neighbor’s house and ring the doorbell. He then entered the backyard. Mrs. Nicol yelled “what are you doing?” and the individual fled.

Mayor Nicol then contacted the police and provided a full description of the individual. He then spotted the suspect on the corner of Cedar Lane & Shore Drive and was able to direct the police officers to his location where an arrest was made for criminal attempt and defiant trespass.

Coun. Lenzen noted that, without the Mayor and his wife’s concern and willingness to get involved the individual might not have been apprehended.
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The meeting was then opened to the public and Janice Wurfel, 506 Green Avenue, praised the Police, Fire & First Aid for their response to a boat fire in late October, but she added that the real hero of the day was Tom Hurst, who towed the burning boat from the dock at the risk of his own life and property.

Coun. Shaak stated that Ms. Wurfel was correct. Mr. Hurst had a forty-one foot former Coast Guard Boat with fire fighting capability and he had hooked the boat and he had fought the fire from the water while the fire company fought it from land. Ultimately he had towed the boat to a safe location.

Coun. Lenzen interjected that, as Commissioner of Public Safety, his two greatest fears had always been that a police officer or a volunteer would be killed in the line of duty and that there would be a boat fire at the docks; he thanked God that this incident had ended well.

Shirley Norby, 306 Brielle Avenue, asked if the “Ad Hoc” Committee was continuing to meet with the Library Association to resolve their differences?

Coun. Garruzzo advised that they would be meeting again on Thursday.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-130 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo, 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 November 13th, 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 7:45 p.m. and ended at 8:36 p.m. The session was adjourned on a motion by Coun. Scott, seconded by Coun. Lenzen.

On a motion by Coun. Nolan, seconded by Coun. Garruzzo, the meeting was reconvened.

The Borough Attorney advised that the contract negotiations had not been concluded, but that the results of the negotiations would be made public when the issue was resolved.

Page 151 13th November 2006

The Chair then reopened the meeting to the public to permit Kathleen Tully, an employee of the Brielle Library to state that she wanted to be sure the Borough was negotiating with the Library Trustees “in good faith”. She cited the recent appearance of representatives from the Prosecutor’s Office at the Library and noted that the event had had a chilling effect on both the Library Director and the employees. She wanted to know if a member of the Council had directed the Police Chief to initiate an investigation?

Attorney Montenegro explained that the Chief had followed up on a comment made in public at the last meeting.

Ms. Tully asked why now were the financial records of the Library being investigated when up to now there had been no problem.

Attorney Montenegro explained that past history does not preclude the Borough from asking new questions at this time and he pointed out that the Borough is not investigating this matter; it is the County Prosecutor.

Alyson Honrath, 701 Howell Drive, asked how the Chief of Police was made aware of the public comment, “was he in the room?” she asked.

Attorney Montenegro stated that the Chief read the comment in the minutes.

Ms Honrath asked if the minutes were available on the web? The Administrator advised that the minutes were not official until approved by the Governing Body. They were approved this evening and would be on the web by the end of the week.

The meeting was adjourned at 8:40 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Lenzen

Approved: November 27th, 2006.

Thomas F. Nolan
Municipal Clerk