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A Community by the River

Borough of Brielle, NJ


June 25, 2007

August 24 2007

June 25, 2007

Page 93

MINUTES JUNE 25th, 2007 WORK SESSION START: 7:30PM

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, 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 the Council that he had nothing to report, but noted that the Borough Attorney required an executive session to discuss a pending contract.

The Chair then recognized Paul Roman, President of the Monmouth Regional Health Commission No. 1, who provided the Council with an overview of the Commission and its mission. Mr. Roman noted that the Commission, with twenty-four participating Monmouth County Municipalities, was the eighth largest in the state. The Commission was the precursor of what today is called regionalization and it has proved to be a benefit to the taxpayer with a per capita cost of $12.00. Mr. Roman added that the Commission provides all the necessary public health services to its members, along with clerical and administrative support. In a post-911 World, the Commission also works closely with the Emergency Management and Public Safety services in each member municipality.

Mr. Roman then recognized his colleague, Sidney Johnson, the Director of the MRHC#1, who was soon to retire after thirty years of service. Mr. Roman called his appearance the “farewell tour”.

Mr. Johnson explained how the Commission had assisted the member communities in meeting the new more stringent state health standards and had also secured three grants to increase health education services for the member towns. The grants permitted a feasibility study as to how best meet the state requirements for expertise in the area of epidemiology, public health nursing, education, public health planning and information technology. Mr. Johnson added that the Commission had investigated 550 cases in 2006.

Mr. Johnson cited the fact that Keyport, a member community, had passed legislation to ban smoking in motor vehicles when an individual under the age of eighteen was present. West Long Branch was also considering such an ordinance and the State Senate had already passed a bill which would be considered by the State Assembly in the Fall.

In closing Mr. Roman presented the Borough's former representative, Coun. Paul Nolan, with a certificate of Appreciation for his services and for providing his engineering expertise during the Commission's relocation to a new headquarters.

Coun. Nolan, in turn praised the Commission for its fine work. Prior to leaving, at the request of Coun. Scott, Mr. Johnson reviewed the standard means for addressing maggots in trash containers, such as keeping trash dry, double bagging and keeping trash can lids on tight to prevent flies.

Page 94

When Lois Hanson, 634 Summit Place, advised that she had employed all the measures without success, Mr. Johnson provided her with his business card, and advised that he would have Brielle's assigned inspector, Diane Bears, investigate, as the problem appeared to be unique.

The work session was adjourned at 7:48 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.

PAGE 95

MINUTES JUNE 25th, 2007 START: 7: P.M.

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: NONE.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 11th, 2007 meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye. No nays. Passed. Coun. Shaak abstained.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 07-70 For Passage of the Consent Agenda.

Resolutions:

07-70-A (see insertion).
07-70-B (see insertion).
07-70-C (see insertion).
07-70-D (see insertion).

Motions:

A. To permit "Big Hearts Little Hearts" to conduct a blood drive at the Curtis House to benefit Brielle resident, Joseph Patrick Ramsay, on August 13th, 2007, and to waive the fee.

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

Coun. Gorham, seconded by Coun. Garruzzo introduced Resolution 07-71 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 June 25th , 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 Nicol then called for Committee Reports and recognized Coun. Scott who advised those assembled that she been in communication with Marpal, the company that provided trash collection to the Borough. Marpal had agreed to contract, for an additional fee, directly with any resident who wished for a second trash collection during the summer months. The individual homeowner would be responsible for that fee.

RESOLUTION NO: 07-70-A
DATE: JUNE 11th, 2007

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-011-005, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $1,866.00 FEE DUE TO THE BOROUGH OF BRIELLE AND THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, HAVE BEEN RECEIVED AND ALL OTHER MUNICIPAL REQUIREMENTS HAVE BEEN MEET, AND

WHEREAS, NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE HAVE BEEN RECEIVED.

NOW, THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF PIANCONE HOSPITALITY GROUP, LLC, T/A PIANCONE'S SOUTH, FOR PREMISES LOCATED AT 110 UNION AVENUE (ROUTE #71), BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS HEREBY AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE PERIOD JULY 1ST, 2007 THROUGH JUNE 30TH, 2008.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED AT A METING OF THE BRIELLE MAYOR & COUNCIL HELD ON JUNE 25TH, 2007.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 26TH DAY OF JUNE 2007.


_________________________
THOMAS F. NOLAN
MUNICIPAL CLERK

Resolution No: 07-70-B
Date: June 25th, 2007

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-005-004, AND

WHEREAS, THE APPLICATION IS COMPLETE, AND THE FEES DUE TO THE MUNICIPALITY AND THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL HAVE BEEN RECEIVED AND ALL LOCAL REQUIREMENTS HAVE BEEN MEET, AND

WHEREAS, THE GOVERNING BODY HAS BEEN MADE AWARE OF NOISE CONCERNS AT THIS LOCATION AND THE HOLDERS OF THE LICENSE HAVE AGREE TO THE IMPOSITION OF CONDITIONS TO ADDRESS THESE CONCERNS.

NOW, THEREFORE BE IT RESOLVED, THAT THE FOLLOWING CONDITIONS ARE HEREBY IMPOSED ON LICENSE #1308-33-005-004 SHIP WRECK INN, LLC T/A SHIP WRECK GRILL:

1. ALL DOORS & WINDOWS SHALL BE KEPT CLOSED WHENEVER ANY LIVE MUSIC IS PLAYED.

2. REGARDING THE USE OF THE DECK AREA. ALL CONDITIONS IMPOSED BY THE BRIELLE PLANNING BOARD, REGARDING THE LIMITATION OF SERVICE ON THE DECK, AS STATED IN THEIR RESOLUTION (8/9/95), AND AS FURTHER MEMORIALIZED IN MUNICIPAL RESOLUTION 96-46-E, WHICH AUTHORIZED A PLACE-TO-PLACE TRANSFER TO PERMIT UTILIZATION OF THE DECK, SHALL BE INCORPORATED INTO THIS RESOLUTION AS ADDENDUM #1.

3. IN THE EVENT THERE IS ANY MODIFICATION OF THE CONDITIONS IMPOSED BY THE PLANNING BOARD, THE MUNICIPAL RESOLUTION SHALL MIRROR THESE CONDITIONS, BUT IT SHALL BE THE APPLICANT'S RESPONSIBILITY TO ADVISE THE GOVERNING BODY OF ANY SUCH CHANGE TO ENSURE THAT THE EXACT LANGUAGE IS IN COPORATED INTO ADDENDUM #1.

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF SHIP WRECK INN. INC. TA SHIP WRECK GRILL, FOR PREMISES LOCATED AT 720 ASHLEY AVENUE, BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1ST. 2007 THROUGH JUNE 30TH, 2008.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON JUNE 25TH, 2007.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 26TH DAY OF JUNE 2007.



_____________________________
THOMAS F. NOLAN MUNICIPAL CLERK




Resolution No: 07-70-C
Date: June 25th, 2007

Borough of Brielle Resolution

Whereas, an application has been made for the renewal of Liquor License #130833-002-008 C.G. Mass, Inc. T/A Sand Bar, and

Whereas, the application is complete, the $1,866.00 fee due to the Borough of Brielle and the $200.00 fee due to the State of New Jersey, Division of Alcoholic Beverage Control, being received and all Municipal requirements have been complied with, and

Whereas, no objections to the renewal of this license have been received.

Now Therefore Be It Resolved, that the application of C.G. Mass, Inc. T/A Sand Bar, for premises located at 201 Union Lane, Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue said license, for the license year July 1st, 2007 through June 30th, 2008, subject to the following conditions hereby imposed by the Governing Body of the Borough of Brielle:

1.) The conditions imposed by the Brielle Planning Board Resolution, dated May 6th, 1995 and incorporated into the text of this resolution as Addendum #1 (attached) shall continue to apply to this liquor license and shall be strictly enforced. The license holder shall abandon the area known as the west deck for service and/or consumption of food and alcoholic beverage and any other business purpose. The applicant shall not place any tables, chairs or similar devices on the west deck.

2.) No alcoholic beverage is to leave the licensed premises in an open container. The management of the Sand Bar is required to monitor all points of ingress or egress to ensure that this condition is met.

3.) All doors and windows of the Sand Bar shall be kept closed after 7:00 p.m. (Prevailing Time) whenever live, canned or amplified music is played.


Certification

The foregoing is a true copy of a Resolution adopted by the Brielle Mayor & Council at a meeting held on June 25th, 2007.

Witness my hand and seal of the Borough of Brielle this 26th day of June, 2007.

_______________________
Thomas F. Nolan
Municipal Clerk
RESOLUTION NO: 07-70-D
DATE: JUNE 25th, 2007

RESOLUTION FOR RENEWAL OF MEMBERSHIP
IN THE
MONMOUTH MUNICIPAL JOINT INSURANCE FUND
WHEREAS, the Borough of Brielle, member of the Monmouth Municipal Joint Insurance Fund; and

WHEREAS, said renewed membership terminates as of December 31, 2007 unless earlier renewed by agreement between the Municipality and the Fund; and

WHEREAS, the Municipality desires to renew said membership; NOW THEREFORE, be it resolved as follows:


1. The Borough of Brielle agrees to renew its membership in the Monmouth Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.


2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Monmouth Municipal Joint Insurance Fund evidencing the Municipality's intention to renew its membership.


This Resolution agreed to this 25th day of June 2007 by a vote of:

6 Affirmative

0 Negative

DATE: _________________
________________________
Mayor Thomas B. Nicol

Attest: ___________________
Thomas F. Nolan
Municipal Clerk



Page 96

Coun. Scott noted that the July Edition of the Newsletter would be a bit late as her daughter had been visiting and she had exercised her "editorial prerogative".

Mayor Nicol then read the following letter:

June 25th, 2007

Honorable William C. Barham, Director
Monmouth County Board of Chosen Freeholders Hall of Records
Freehold, N.J. 07728

Re: Brielle Road Bridge. Dear Director Barham:

At their Council Meeting of June 18th, 2007, the Mayor & Council of the Borough of Manasquan voted in support of a pending application that would place the Monmouth County Bridge on Brielle Road on the Historical Registry.

The Manasquan Governing Body noted that the bridge is one of only two bridges of this type and design left in the United States. The Manasquan Mayor & Council felt that the bridge, in its current form and at its present location, was worthy of placement on the Historical Registry.

By way of this letter, the Governing Body of the Borough of Brielle wishes to add their voice to those who desire to see this bridge preserved.

Thanking you in advance for your kind consideration of this request, I remain on behalf of the Governing Body.

Yours sincerely,

Thomas B. Nicol Mayor

The Council unanimously endorsed sending the letter.

The Chair then recognized Coun. Gorham who reported on the issue of the Attorney's fees incurred during the recent Library litigation.

Page 97

IN RESPONSE TO AN INQUIRY MADE REGARDING THE FEES PAID TO THE BOROUGH ATTORNEY RELATIVE TO THE BRIELLE LIBRARY, THE COST TO DATE HAS BEEN APPROXIMATELY $30,400.00.
WE BELIEVE THAT IT WAS MONEY WELL SPENT. THE BOROUGH HAS RECOVERED ALL OF THE SURPLUS MONEY HELD BY THE LIBRARY ASSOCIATION, TOGETHER WITH $95,000.00 OF PUBLIC MONEY SAVED TO DATE. FUTURE LIBRARY FUNDING WILL BE REDUCED BY $60,000, AND JUDGE LEHRER FOUND FOR THE BOROUGH ON ALL FIVE COUNTS OF THE COURT DECISION.
THE BOROUGH AND ITS RESIDENTS OWN THE BOOKS, OWN THE BUILDING AND HAVE THE RIGHT TO DETERMINE THE AMOUNT OF THE ANNUAL SUBSIDY. IN ADDITION THE BOROUGH HAS BEEN MADE CUSTODIAN OF THE SO CALLED ENDOWMENT ACCOUNTS PENDING A DECISION BY THE DONORS AS TO THE FUTURE USE OF THOSE MONIES.
WE APPLAUD MR. MONTENEGRO FOR A JOB WELL DONE.
___________________________________________________________
Coun. Nolan advised that approximately 300 children had signed up for the Summer Recreation Program ably run by Director Rick Trimble.

Coun. Nolan reminded the public that the Summer Concert series would begin on July 2nd, at 7:00 p.m., prefaced by the Church in Brielle's “Strawberry Festival” at 6:30 p.m.

Coun. Nolan added that “Brielle Idol” would be held in mid-summer. In closing he cited his visit to the Fire House to view the new Rescue Truck and he thanked President Jim Stenson for coordinating the event.

Coun. Garruzzo had no report, but he too praised the Fire Company for doing a great job, adding that the town was well served.

Coun. Shaak cited a memo he had received from the MRHC#1 advising residents to report any dead crows or blue jays to the Brielle Police Department so the birds could be tested for West Nile virus.

Coun. Shaak also praised Jim Stenson for his service as Chairman for the Fire Company's open house.

Coun. Bolger also praised the Fire Company for “thinking outside the box” in their purchase Page 98

of the new Rescue Truck. Since a new truck had an estimated cost of $300,000, the Company had purchased a refurbished vehicle at a cost of only $40,000.

Coun. Bolger advised the public of the impressive array of programs featured on the Library's summer schedule and reminded them that these programs were provided to Brielle through the Monmouth County Library System. The programs both entertained and educated and were run by the County's Children's Librarian. Coun. Bolger reminded the public that they paid $200,000 a year in county library taxes to help fund such programs; he added that there would be no interruption of library services as a result of the switch to the new Library Association.

Coun. Scott then interjected that the Council had attended the Brielle Elementary School Graduation and she noted that the Eight Graders had all behaved beautifully and they made one proud to be a parent or a grandparent.

The meeting was open to the public and Eloise Knight of Eloise's Cafe, thanked the Council for sending the letter to the County regarding preserving the Brielle Road Bridge.

Mary Lou Brandt, 24A Brandywyne, asked who the Library Liaison would be on July 1st, and who did the new organization consist of?

Attorney Montenegro explained that the Council would be going into executive session to discuss that issue as the contract between the Governing Body and the new Trustees was still under review, but the matter would be concluded by the end of the week, at which time the contract would be public information.

Ms. Brandt stated that she thought the matter had been addressed during the June 11th Executive Session?

Attorney Montenegro advised that the prior session had addressed a request from the existing association that the Council had considered and had directed the Attorney to communicate their answer to the Association's attorney. As the matter had not yet been resolved, it could not be made public.
Teresa Breslin, 20 D Maple Lane, was unhappy with the use of Executive Session and felt that the information was being kept from the public.

Attorney Montenegro explained that contract negotiations were a permitted topic for executive session and that when the draft agreement was finalized it would become a public document open for inspection by any member of the public.

Shirley Norby, 306 Brielle Avenue, asked if the Library would be open? Mr. Montenegro advised that it would be open on Monday July 2nd.

Page 99

Ms. Breslin asked who the new employees would be and who constituted the new Association?

Mr. Montenegro replied that he was not at liberty to say.

Conn. Scott said the transition would be "seamless" and Coun. Bolger stated that the Library would be opened and staffed on July 2nd and he suggested that the public "go and see".

Mayor Nicol advised that the contract was not complicated and the matter would be resolved by the end of the week after the details were worked out in executive session.

Edith Nowles, 637 Holly Hill Drive, stated that she was glad to have a body of public officials who were willing to investigate discrepancies. The library matter had been protracted as that was the nature of such issues, but the matter had been resolved and it was time to move on and stop making innuendos.

Lois Hanson, 634 Summit Place, asked if the $40,000 provided by the Fire Company was the total cost of the new truck. Coun. Shaak said it was the purchase price. Ms. Hanson asked if any municipal funds were used and Coun. Shaak said that the truck had been outfitted with new equipment purchased out of the Company's Borough appropriation, but he was unsure of the exact amount and he would have to look it up.

Jim Stenson, 810 Rathjen Road, voiced a concern over a storm drain at the corner of Rathjen Road & Rankin Road. Superintendent Burkhardt was directed to look into the matter and the Administrator advised that it would be addressed when the Rankin Road was repaved later in the year.

Ms. Breslin was again recognized and she reiterated her belief that the names of the new Association Members and the terms of the contract be made public. Attorney Montenegro reiterated that it was a matter for executive session and he was not at liberty to discuss the matter, but it would ultimately be made public.
Ms. Breslin then attempted to read a letter into the record which began as a personal attack on Coun. Bolger. Attorney Montenegro advised the Chair that it was inappropriate and Ms. Breslin was not permitted to continue.
Mr. Otto J. Eggert, 917 Teaberry Lane, asked who actually owned the books in the Library? Mayor Nicol replied the “residents”.
Mayor Nicol then read a letter from Eight Grade graduate Mary Bessemer into the record.


Page 100
Mary Bessemer
My Family
I am a member of the Brielle Community. I go to the Brielle Elementary School. I live on Teaberry Lane. I go to Brielle's local pizzeria; Salerno's and buy semi-okay pizza. Every year I am at Brielle Day. However, these things do not make me a part of this community. At least they do not to me.
I am a member of this community because when I walk into Salerno's to buy that semi-okay pizza I am greeted by name and spend my hard earned babysitting money on it. I am a member because not only am I at Brielle Day every year, I am there buying yet another one of those string puppets to sit in my closet. I am a member because when I walk out onto Teaberry Lane I know that if I was ever in any trouble I could run to each and every one of those houses surrounding me and ask for help, and I know they would comfort me with out a second thought.
I am a member of this community because when I walk into this school I can say hi to all the teachers, many of whom I have had myself throughout the years. When I see Mr. Newman we have a full-on conversation about how he's going to miss me and how I am going to miss him when I graduate. I know I am a member of this community because I have left my mark here. I will never forget this place. When I am older and living somewhere, near or far, I will always have my memories form Brielle. They can never be taken away from me. This town is not just a dot on a map, it's a family, my family and I love it.


Page 101 25th June 2007
Court. Garruzzo, seconded by Coun. Nolan, introduced Resolution G7-72 to authorize an Executive Session. Vote: Court. Bolger, Garruzzo, Gorham, 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 June 25th, 2007, as follows:

I. 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/Brielle Library".

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 8:23 p.m. and ended at 9:05 p.m. The session was adjourned on a motion by Coun. Garruzzo, seconded by Coun. Gorham.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 07-73 to authorize the Borough Attorney to revise the proposed contract as outlined in Executive Session. Vote: Coun. Bolger, Garruzzo, Gorham. Nolan, Scott & Shaak; all aye. No nays. Passed.

The meeting was adjourned at 9:08 p.m. on a motion by Coun. Garruzzo, seconded by Coun, Gorham.

Approved: July 9th, 2007.

____________________
Thomas F. Nolan Municipal Clerk

 

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