A Community by the River

Borough of Brielle, NJ

February 26, 2007

March 16 2007

February 26, 2007

Page 33




Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised the Council that Mayor Nicol had found a candidate for the position of Public Defender and, with Council's concurrence he would like to place the appointment on the Consent Agenda. Council concurred.

The Administration added that there would be a need for an Executive Session to permit the Borough Attorney to update the Governing Body on the status of litigation.

The work session was adjourned at 7:36 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

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Mayor Nicol convened the meeting in compliance with the Open Public Meetings Act and asked for a motion, made by Coun. Scott and seconded by Coun. Gorham, to accept and file the minutes of the February 12th, 2007 meeting; all aye. No nays. Passed. Coun. Nolan & Shaak abstained.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 07-30 for passage of the Consent Agenda.

07-31-A (see insertion).
07-31-B to authorize the Mayor & Clerk to execute an Interlocal Services Agreement for the provision of Construction Code Department services with the Boroughs of Sea Girt, Spring Lake & Spring Lake Heights.
07-31-C (see insertion).

Motions: None
Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Gorham, then introduced Resolution 07-32- TO TRANSFER FUNDS (see insertion). Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Gorham, seconded by Coun. Shaak, introduced Resolution 07-33 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 February 26th, 2007, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Resolution No: 07-31-A
Date: 26 February 2007

Borough of Brielle Resolution
“Month of March, Women’s History Month”

Whereas, New Jersey women of every race, class, and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways;

Whereas, New Jersey women have played and continue to playa critical economic, cultural and social role in every sphere of the life of the State by constituting a significant portion of the labor force working inside and outside of the home,

Whereas, New Jersey women have played a unique role throughout the history of the State by providing the majority of the volunteer labor force of the State;

Whereas, New Jersey women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our State;

Whereas, New Jersey women of every, race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement;

Whereas, New Jersey women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and

Whereas, despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history;

Whereas, the Department of Community Affairs, specifically the Division on Women’s goals are to remember and celebrate New Jersey women and to:

· ensure that NJ women are offered equal opportunities in education, the workforce and healthcare regardless of age, sexual orientation, income, ethnicity, race or religion.
· identify, implement, measure and coordinate programs that address the needs of NJ women.
· engage in continue us study and research on issues affecting NJ women and their families, develop policy papers and legislative recommendations.

Now, therefore, be it resolved by the Governing Body in the Borough of Brielle, State of New Jersey, that March 2007 is designated as “Women’s History Month Generation of Women Moving History Forward”.

Thomas B. Nicol

Resolution No: 07-31-C
Date: February 26'h, 2007


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Public Defender; and

WHEREAS, the Borough of Brielle has retained the services of Timothy J. Wintrode, Esq. inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 26th day of February 2007, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2007 to perform to the terms of the Agreement between the Public Defender and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a)and(i) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44a-20.5.

5. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.



WHEREAS, 40A-58 provides for making transfers between Budget appropriation Reserve Accounts during the months of January, February and March, and

WHEREAS, it has become necessary at this time to expend funds in excess of the sums appropriated for the purposes specified in the 2006 Budget, and

WHEREAS, the Governing body may, by Resolution, transfer an existing excess to an appropriation deemed insufficient,

NOW, THEREFORE, BE IT RESOLVED (no less that 2/3 of the full membership of the governing body affirmatively confirming), that the following transfers be made between the appropriation accounts in the 2006 Budget:


Police, O/E $ 7,000.00
Legal, O/E $ 7,000.00 From:

NJ Water Supply Authority $ 4,000.00 To:

W/S Other Expenses $ 4,000.00 Approved: February 26, 2007

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Mayor Nicol then read the following Proclamation,

WHEREAS, autism is a pervasive development disorder affecting the social, learning and behavioral skills of those affected by it, and

WHEREAS, autism was once thought to be a relatively rare disorder, affecting only one in 10,000 people, and

WHEREAS, as more and more health professionals become proficient in diagnosing autism, more children are being diagnosed on the autistic spectrum, resulting in rates as high as one in 150 children, and

WHEREAS, while there is no cure for autism, it is well-documented that if individuals with autism receive treatment early in their lives, it often is possible for those individuals to lead significantly improved lives, and

WHEREAS, the New Jersey Center for Outreach & Services for the Autism Community (COSAC), and Autism Speaks is spearheading an awareness effort in order to educate parents, professionals and the general public about autism and its effects.

NOW THEREFORE BE IT PROCLAIMED, that, I, Thomas B. Nicol, Mayor of the Borough of Brielle do hereby proclaim that April, shall be observed as Autism Awareness Month in the Borough of Brielle, and I urge all employees and residents to participate in Autism Awareness Month activities, in order to become better educated on the subject of autism spectrum disorders.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who noted that, relative to the recent winter advisories, the Borough had "dodged two bullets".

The Councilwoman then cited her attendance at a meeting of the Monmouth County Office on Aging and noted how lucky we were to be living in Monmouth County where there are numerous services available for seniors and new ones being introduced. The February meeting focused on Memory Loss and a Doctor Ross spoke about his Memory Enhancement Center. Testing and early diagnosis could prove beneficial in the fight against Alzheimer's disease. Coun. Scott added that, while there were only four drugs approved by the F.D.A. for treatment of Alzheimer’s, one hundred and twenty were undergoing trials and they could prove efficacious.

Coun. Scott also cited a Home Heating Oil Co-op for senior citizens. There were no income level restrictions, but the purchase had to be made in bulk.

Coun. Scott had also attended a symposium on "Ethics in Government" sponsored by Monmouth University and the County Prosecutor's Office. Coun. Scott noted that the message was clear and concise "don't do it". Elected Officials must never seek to take advantage of the system. She added that mandatory ethics training was under consideration Page 36

and the penalties for official misconduct were being tightened.

In closing Coun. Scott cited a recent article in the press wherein a Councilmember from another community was seeking to reduce waste by curtailing the number of items that were copied for the Council Packets. Coun. Scott noted that Brielle had long ago implemented such a policy and Brielle's managerial team has always been environmentally aggressive.

Coun. Gorham reminded the public that the hearing on the 2007 Municipal Budget would be held on March 12th at 7:30 p.m.

Conn. Nolan cited the success of two fundraisers by the P.T.O. and the Brielle Education Association, that raised $12,000 and $21,000 respectively. He had attended both events and found them to be "great events in a worthwhile cause".

Coun. Nolan also advised the public of the Environmental Commission's efforts to post signage throughout the Borough where access points to the Manasquan River existed.

In closing the Councilman apologized for recent problems with the web page, but added that they had been corrected and all agendas and minutes were now posted and the calendar had been updated. Coun. Nolan added that he welcomed suggestions from the public.

Coun. Bolger cited a recent article in the Asbury Park Press regarding MONOC and the insinuation that this emergency response agency was in financial difficulty due to Volunteer Ambulance Squads billing Medicare for services and "beating MONOC to the punch". Coun. Bolger assured the public that the Brielle First Aid Squad was all volunteer and did not bill for services; he anticipated that the press would clarify the article.

Coun. Bolger also reminded the public of the March 12th budget hearing and the fact that the Mayor & Council controlled only 24% of each tax dollar. The County controlled 26% and the balance went to the school. Coun. Bolger urged the public to attend the budget hearings for the budgets of both of these public entities and to be heard. He added that if members of the public had concerns the Council would voice them for them. Coun. Bolger did offer that he felt the members of the Board of Education took their job seriously and would be introducing a "lean" budget.

In closing he cited the Construction Code Agreement and noted how difficult it was to create them, but it was a worthwhile endeavor and would prove beneficial to all the communities involved.

Coun. Garruzzo gave the January statistics for the Police Department and observed that there had been three hundred cases opened. Nineteen were adult arrests of which twelve were D.W.I. The department had issued four hundred and nineteen summonses.

Coun. Garruzzo also cited an information sheet on the "Drop-off Zone in the West Parking Lot" of the Elementary School and he asked that it be inserted into the minutes (see insertion).
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In closing Coun. Garruzzo cited a letter from Todd & Ellen Pretz in praise of Patrolman Michael Mechler and the DARE Program. When the Pretz Family had a 911 emergency call regarding their daughter, they found that “a tough situation" was made bearable due to the fact that their daughter's anxiety was reduced due to Patrolman Mechler’s presence as she recognized him as her DARE Officer. Coun. Garruzzo commended Patrolman Mechler for his efforts.

Coun. Shaak offered the public a comparison of fire budgets and pointed out that while the Brielle Fire Company had a budget of $54,750, in Manasquan, where there were Fire Districts, the budget was $716,723 or twelve times the budget of Brielle's Company. Coun. Shaak added that South Wall's budget was $677,000 and Spring Lake Heights was $381,000.

In closing Coun. Shaak advised those assembled of a Fire Company Fund Raiser to be held at Leggett’s under the heading "Six Months to Brielle Day".

Mayor Nicol interjected that he had attended the Cub Scout's annual Blue & Gold Dinner and had a great time, but he offered that there were some two hundred scouts in attendance, given the increase in population he thought that an ordinance to eliminate master bedrooms might be in order, but added that it was the quality of life in the Borough that attracted so many young families.

The meeting was opened to the public and William Brannick, 805 Schoolhouse Road, was recognized. Mr. Brannick referenced comments he had made at the previous meeting regarding Coun. Shaak's role as a Councilman, Fire Commissioner and Chief of the Fire Company; he had posed the possibility of an ethical conflict and been advised by the Mayor that Coun. Shaak excused himself from voting on any business related to the Fire Company. The Administrator had also informed Mr. Brannick that the title "Fire Commissioner" did not appear in the Municipal Code. Mr. Brannick advised the Coun. that the Administrator subsequently reversed his position and provided a copy of the ordinance where the term was used.

Mr. Brannick remained concerned over the ethical issue, but was also disturbed by a letter that he had received from Coun. Shaak which he alleged misconstrued his statements of February 12th and which, since they written by a Councilman, he had to assume had the endorsement of the full Council.

What Mr. Brannick took considerable umbrage was at Coun. Shaak's suggestions that he, as a Registered Nurse, should join the First Aid Squad. Mr. Brannick advised that he could not participate due to health reasons, but he took the advice as a "cheap attempt" to sidetrack the ethics issue and he held "all" of the Council accountable for the letter.

Citing Chapter 2, Section 7, subsection 14 of the Borough Code he stated his belief that Coun. Shaak, as a member of the Public Safety Committee, should not hold the office of Fire Chief as it was a conflict of interest.

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Ron Ernish, 405 South Street, cited his involvement with the Boy Scouts and praised the organization; he urged the public to get their children and grandchildren involved in scouting. Mr. Ernish added that he had just attended a court of honor for a new Eagle Scout and he too observed that the number of children in Brielle was growing. Unlike the Mayor, he did not suggest the elimination of master bedrooms, but a reduction in the number of variances granted by the municipal land use boards.

Tom Kindre, 89A Brandywyne East, said he was astounded at the unprecedented attacks upon the Library and termed it a "vendetta". He felt that the government had "run amok" and advised the Council that they could be headed for litigation if the two hundred plus members of the Association sued for the return of their membership fees. As a former public relations director he lamented the situation and he urged the Council to put an end to it.

Charles DiPierro, 311 South Street, cited correspondence that he had with Coun. Bolger concerning the Library and the issue of public versus private money. Mr. DiPerro believed that there was a distinction between the two. He noted that no money was missing from the Library. The Association Trustees were volunteers and should be left to run their institution as they wished. Residents who joined the Association wanted their money to go for special acquisitions not day to day operational expenses. Mr. DiPiero felt that utilizing "private" money to operate the Library would discourage donations and only increase the amount of funding the Borough taxpayers would be forced to provide.

Mary Lou Brandt, 24A Brandywyne, praised Richard Bidnick for running a program known as Movie Night which was held on the fourth Tuesday of each month and featured both a film and then a discussion group.

Ms. Brandt also submitted a petition with an additional one hundred and thirty-five names to the Council, urging the release of the Library's fourth quarter appropriation. Ms. Brandt stated that the people had elected the Council and expected them to act fairly; she hoped that the March 7th court date would see a resolution of the issue.

Lois Hanson, 634 Summit Place, asked Coun. Nolan where the Environmental Commission signs were to be placed? He advised that the exact locations were yet to be determined, but the information would be disseminated on the web-site and through the newsletter. Ms. Hanson also asked if the work being done at the Fire House, funded by FEMA, had been completed and if the Borough had been reimbursed?

Coun. Shaak said that the work was complete and the Administrator added that the bulk of the money due back to the Borough had been received.

Coun. Shaak added that the First Aid Squad had also received a FEMA Grant and based on the Fire Company's experience they had opted to front the money from their own funds and not involve the Borough.

Kathleen Tully, 608 Locust Road, was recognized and she presented the Council with a petition from the residents of Locust Road re: condition of roadway.
Page 39 26th February 2007

Dave Dupre, 1016 Riverview Drive, asked about the Construction Code Agreement and where the Construction Code Official would be located.
The Administrator advised Spring Lake, but added that, while previously the Official had been available for one hour a day in Brielle; he would now be available from 8:00 a.m. to 4:00 p.m. Monday through Friday.

There being no further public comment, Coun. Garruzzo, seconded by Coun. Gorham introduced Resolution 07-34 to authorize Executive Session.

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 February 26th, 2007, 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: "Pending Litigation".

3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

The Executive Session began at 8:20 p.m. and ended at 9:57p.m. The session was adjourned on a motion by Coun. Nolan, seconded by Coun. Garruzzo.

Coun. Garruzzo, seconded by Coun. Nolan, introduced a motion whereby the Governing Body authorized the Borough Attorney to proceed with the mandatory settlement conference schedule based on the instructions and direction provided to the Attorney in Executive Session.

On a motion by Coun. Garruzzo, seconded by Nolan, the Council returned to Execution Session. That session lasted from 9:58p.m. to 9:59p.m. The session was adjourned on a motion by Coun. Scott, seconded by Coun. Garruzzo.

The meeting was adjourned at 10:00 p.m. on a motion by Coun. Gorham, seconded by Coun. Nolan

Approved: March 12th, 2007 Thomas F. Nolan
Municipal Clerk