A Community by the River

Borough of Brielle, NJ

April 23, 2007

June 01 2007

April 23, 2007

Page 67




Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised the Council of that there was a need to go into executive session to permit the Attorney to update the Council on the status of pending litigation.

The Chair then recognized Stephen Speicher of the Brielle Board of Recreation who introduced Karen Capotorto, one of the five finalists in the annual snowman building contest.

When asked the name of her snowman, Ms. Capotorto said “he didn't have one”. Ms. Capotorto was then presented with a snow cone machine. Marshall Morgan was also acknowledged as a winner, but he had been unable to attend.

The work session was adjourned at 7:35 p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.


MINUTES APRIL 23rd, 2007 START: 7:36 P.M.



Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the April 9th, 2007 meeting were approved on a motion by Coun. Shaak, seconded by Coun. Garruzzo. Coun. Nolan abstained. All aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 07-54 for passage of the Consent Agenda.


07-54-A (see insertion). 07-54-B (see insertion).


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

Coun. Gorham, seconded by Coun. Shaak introduced Resolution 07-55 for Payment of 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 for payment of the bills of April 23rd, 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.

Mayor then announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE TO AMEND CHAPTER 21 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “ZONING”.

Coun. Garruzzo, seconded by Coun. Scott introduction Resolution 07-56 for passage on introduction and first reading. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 07-57 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on May 14th, 2007, at 7:30 p.m., at Borough Hall. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Resolution No: 07- 54-A
Date: April 23rd, 2007

Borough of Brielle Resolution

Whereas, application has been made for the renewal of Liquor License #1308-33-01-008, and

Whereas, the application is complete and 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 received, and all 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 JP'S River House, Inc. for premises located at 1 Ocean Avenue, Brielle, New Jersey, is hereby approved and the Clerk of the Municipality is authorized to issue the license to the holder for the license year July 1st, 2006 through June 30th, 2007, subject to the following conditions:

1. Alcoholic Beverage may be sold, served, delivered or consumed on the open exterior deck of the premises from 12:00 p.m. to 11:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00 a.m., on Friday and Saturday.

2. Live entertainment maybe permitted on Saturdays and Sundays from 1:30 P.M. to 12:00 a.m. (Midnight). Live entertainment shall be limited to a piano player, a guitar player or a band (not to exceed a duo). A Disc - Jockey shall not be permitted.

3. Controlled Background Music may be permitted in the above mentioned deck area during the hours of 12:00 p.m. to 10:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00 a.m. on Fridays and Saturdays, providing that said music is in compliance with the provisions of Chapter 3, Sections 3-1.1 through 3.1-11 of the Code of the Borough of Bridle entitled "Noise Control" and is compliance with all other Ordinances of the Borough.

4. A singer shall be permitted to entertain on the deck on Friday and Saturday evenings from 9:00 p.m. until 12:00 a.m. (Midnight) and on Sunday from 3:00 p.m. until 10:00 p.m. provided that such activity is in compliance with the provisions of Borough Ordinances.

5. No doors or windows can remain open while any live entertainment or background music is utilized on the deck.

6. On the Sunday prior to Memorial Day & on the Sunday prior to Labor Day, the deck may remain open until 1:00 a.m. The deck may also remain open until 1:00 a.m. on July 3rd. These exceptions are granted subject to the provisions of this resolution.


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on April 23rd, 2007.

Witness my hand and seal of the Borough of Brielle this 24th day of April, 2007.

SEAL Thomas F. Nolan
Municipal Clerk
Resolution No: 07-54-B
Date: April 23rd, 2007


WHEREAS, N.J.S.A. 40A: 5-4 requires the governing both of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Borough of Brielle, Thomas F. Nolan as per the requirements of N.J. S. 40A: 5-6, and a copy has been received by each member of the governing body, and

WHEREAS, R. S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs, and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum the sections of the annual audit entitled "Comments and Recommendations; and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Animal Audit entitled "Comments and Recommendations" as evidenced by the group affidavit form of the governing body attached hereto: and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than fort-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as Stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 -to wit:

R.S. 52:27BB-52 - A local officer or member of a local governing body who, after a date fixed for compliance, fills or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fine not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Mayor & Council of the Borough of Brielle, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.


SEAL Thomas F. Nolan
Municipal Clerk

Page 69

Mayor Nicol then asked Coun. Bolger to read a Proclamation.


WHEREAS, April is National Donate Life Month; and

WHEREAS, every day in the United States, an average of 18 people die while awaiting organ transplants because of a critical shortage of donors; and

WHEREAS, nearly 5,300 men, women and children in this region and over 100,000 people nationwide are waiting for life saving heart, kidney, liver, lung and pancreas transplants; and

WHEREAS, tens of thousands of others are in need of donated tissue such as corneas, bone and skin tissue and

WHEREAS, one donor can save or enhance the lives of more than 50 people; and

WHEREAS, the unfortunate shortage of organ and tissue donation is due, in large part, to a lack of awareness and understanding on the part of the general population; and

WHEREAS the request for organ donation usually arises suddenly, without warning and in a most tragic manner, and

WHEREAS, the decision to donate an organ is truly a gift of life, the most precious gift we can give each other;

NOW, THEREFORE, I Thomas B. Nicol, Mayor of the Borough of Brielle, do hereby proclaim

APRIL 2007

in the Borough of Brielle, and urge all my fellow residents to actively discuss the idea of organ donation and to consider a personal commitment to organ donation.

SEAL Thomas B. Nicol

Page 70

Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public that Clean-up Week would be April 30th through May 4th on the regular day of collection. A final sweep would be made at the end of the week and at times the crews would be ahead of schedule, but it was best to adhere to one's normal collection day. Coun. Scott also reminded everyone that building materials from home improvement projects would be accepted, but not from construction.

Coun. Scott advised the public of the County Hazardous Waste Disposal Site on Shafto Road and noted that it was "user friendly" with county employees removing the waste material from the individual's vehicle.

Coun. Scott reminded those assembled that Arbor day would be observed on Thursday, April 26th at 11:30 a.m. at the Elementary School. A weeping willow tree would be planted at that time. The Councilwoman added that Leaf Collection would end on May 15th.

In closing Coun. Scott was pleased to report that, in conjunction with the Shade Tree Commission, she was planting trees on Old Bridge Road. Top soil and fertilizer had been donated, a local resident had offered her driveway as a storage area for the trees to be planted, a water service had been provided, and a DPW Employee would be on site to assist the effort on either this coming Saturday or the following Saturday, depending on the delivery date for the trees. Volunteers were needed and they could leave their names and phone numbers with Coun. Scott or Sherri at Borough Hall.

Taking advantage of the presence of Board of Recreation Member Stephen Speicher, Coun. Nolan cited the high number of children enrolled in the soccer program, which Mr. Speicher estimated at 300. Coun. Nolan also cited the concert series which Mr. Speicher said would feature a number of diversified groups including Joe Finn, and added that the season would kick off with the Church in Brielle's Strawberry Festival and the music of Fred Lehotay on May 2''d. Coun. Scott interjected that strawberry shortcake and refreshments would be free.

Coun. Nolan also cited the Environmental Commission's meeting on April 25th where the grant application , in the amount of $55,000, for improvements to Brielle Beach, would be a topic.

Coun. Bolger had no report, but he returned to the theme of Organ Donation and reiterated how important it was to ensure that a loved one understood an individual's wish to donate. A prompt decision was needed and checking a box on one's driver's license was not always sufficient.

Coun. Gorham responded to a question raised at the last meeting and read the following letter from the Borough Auditor.

Page 71
Robert A. Hulsart and Company

ARMOUR S. HULSART, C.P.A. R.MA., P.S A. (1959-1992) Telecopier
ROBERT A. HULSART, C.P.A., R.U.A., P.S.A. (732) 286-8888 2907 Hurley Pond Road Suite 100
ROBERT A. HULSART, JR. C.P.A. P.S.A. P.O. Box 1409
E-mail: Wail, New Jersey 07719-1409
RICHARD J.HELLENBRECHT, JR., C.P.A., P.S.A. rah@moniriouth.com 732- 881-4990
April 23, 2007
Thomas Nolan, Business Administrator Borough of Brielle
601 Union Lane
Brielle, NJ 08730

Dear Mr. Nolan.
We are in receipt of your fax and attachment of a letter from Daniel Fallon in which he questions use of reassessment dollars, which he refers to as "found money". Such is not the case.

Detailed below is the procedure followed.

As of October 1 each year, the Borough Tax Assessor certifies to the County Tax Board- a list of new construction and additions. This information is obtained from the Borough Building Department. This information is then certified by the County Tax Board, and the amounts are stricken. In October, tax bills are sent out to the properly owners, which include their added assessments, the tax is collected in November. By state statute (NJSA 54:4.63 & 54:4.63.22) a portion of the added assessments collected is due to the County. A reserve is set up on the trial balance. There is no provision that a portion of the added assessments collected be given to the School District. Legislation would be required to change the law.

Regardless of the amount collected during the year, the Borough must give the County and the School District their full share. For example, if the Borough were to collect only 90% of the tax levy, the County and School District would still receive their full share. Additionally, any tax appeals made by a property owner affect only the Borough, the County and school levies are not adjusted.

I hope this will answer Mr. Fallon's questions. Should you have any additional questions, please do not hesitate to contact me,

Sincerely yours,
Richard J. Hellenbrecht, Jr.
For the Firm


Page 72

Coun. Shaak cited the painting of the Ashley Avenue Overpass and noted that the Route 35 Overpass was next, after an eighteen month delay. Turning to Emergency Management, Coun. Shaak noted that, while Green Avenue & Fisk Avenue had experienced some flooding during the recent Nor’easter, the Borough had been relatively unaffected and both Mayor Nicol & Chief Palmer had been kept in the lope throughout.

Coun. Shaak noted that Bound Brook had not been so lucky and noted that the Brielle First Aid Squad had been one of seventeen Monmouth County Communities who had responded to that municipality's needs.

In closing Coun. Shaak commented on the unfortunate lose of life on the Route #70 Bridge during the course of demolition. He praised all the organizations who responded for their efforts, nineteen different agencies, including the Brielle Water rescue Team, along with the George Harms Company. All those had involved had done their best, but an employee had been drowned when trapped under a barge that turned over.

Coun. Garruzzo added his praise for the emergency services involved in the attempted rescue effort and offered his sympathy for the Harms Company and the victim's family. He also advised that, the resolution passed at the April 9th Meeting calling for the reduction of the posted speed limits on Riverview Drive, had been forwarded to the appropriate agencies and their assistance has been requested in reaching the Riverview Drive Coalition's goal.

Mayor Nicol opened the meeting to the public and recognized Daniel Fallon, 1004 Forrest Road, who recognized that current state statue did not permit a portion of the added assessment proceeds to be turned over to the school, but asked if the Council would support such a change to that statute?

Council said they would address that issue in the event a change was made. At this juncture it was purely speculative.

Mr. Fallon stated that he had requested the amount of the added assessments for 2004 through 2007. Was that information available? The Administrator stated that he was still working on it and the information would be provided.

Lois Hanson, 634 Summit Place, asked about the status of the sanitation contract and was advised that the Borough was in the process of retaining Robert Swain, an attorney who specialized in that field, to assist them in formulating a bid proposal which would contain options such as twice a week collection during the summer season.

William Brannick, 805 Schoolhouse Road, raised question concerning Donnelly Place as an egress point to the water. Were residents permitted to use it? Coun. Nolan replied that they were and the Borough was confident that the easement, as it appeared on the tax map, was valid. There was some confusion over the area known as Lot 8, between the two prongs of the easement, but that would require a title search to resolve. Meantime the easement could be used for access.

Mr. Brannick went on to say that some residents of Crescent Drive were concerned over teenage drinking and boats being launched from trailers at high tide.
Page 73

Coun. Garruzzo offered to have the police monitor the situation.

Mary Lou Brandt, 24 A Brandywyne, asked about the status of the litigation with the Library? Attorney Montenegro advised that there was a May 9th court date. The Borough had negotiated a settlement agreement, but it appeared that, without speaking for the Library Trustees that the settlement had been rejected.

Teresa Breslin, 20 D Maple Lane, stated that the Borough's proposal was one-sided and that a lot of people were upset by the Borough lack of willingness to compromise. She added that no one would contribute to Library fund raisers when those monies were earmarked for the Borough's use. She called the proposal "horrible" and said it should be rescinded.

Attorney Montenegro noted that Ms. Breslin had not been a participant in the negotiations whereas at times three and at other times two trustees had been. The proposal was a compromise that resulted from the negotiation process.

Ms. Breslin countered that only two trustees had been at the final meeting with Judge Lehrer and the proposal was unfair. Mr. Montenegro interjected that in any compromise there are concessions on both sides. The Borough also made concessions in a good faith effort to reach an agreement.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-58 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo, Gorham, Scott & Shaak; all aye. No nays. Passed.

Whereas, the Open Public Meetings Act permits the exclusion of the Public from 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 April 23rd, 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: "Litigation/Brielle Library".

3. It is anticipated at this time that the above stated subject matters will be made public in the near future

(Note: Prior to commencing the executive session there was a brief recess 8:20 to 8:25 p.m.)

The Executive Session began at 8:25 p.m. and ended at 8:46 p.m. The session was adjourned on a motion by Coun. Shaak, seconded by Coun. Garruzzo.

The meeting was adjourned at 8:47 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Approved: May 14th, 2007.
Thomas F. Nolan
Municipal Clerk