A Community by the River

Borough of Brielle, NJ

February 25, 2008

March 19 2008

February 25, 2008

Page 23




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.

Mayor Nicol then read the following Proclamation (see insertion) and presented individual copies mounted on plaques to the following winners:

Tigers Hunter Clark

Wolves Thomas Deveney

Bears Robert Maes

Webelos Cary Hilla

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


MINUTES FEBRUARY 25th, 2008 START: 7:37 P.M.



Fo1lowing a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the February 11th, 2008 meeting were approved on a motion by Coun. Scott, seconded by Coun. Gorham, all aye. No nays. Passed. Coun. Nolan & Shaak abstained.

Coun. Shaak, seconded by Coun. Nolan, introduced Resolution 08-33 for Passage of the Consent Agenda


A. To appoint Brett C. Nielsen, 83 Manito Road, Manasquan as Fire Official for the Borough of Brielle effective this date.

B. To re-adopt the Employee Handbook, as amended, to bring it into compliance with the requirements of the Municipal Excess Liability Insurance Fund.

C. (see insertion).

D. (see insertion).


Vote: Coun. Bolger, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed. (Note: At the request of Coun. Bolger the Administrator advised that the Public Safety Committee had interviewed four candidates for the position of Fire Official and their recommendation was to appoint Mr. Nielsen. William Brannick, 805 Schoolhouse Road asked if he would be eligible for pension benefits and was advised that he would be. Coun. Nolan asked if the M.C.M.C. would give notice before applying pesticides and was advised that the Borough would be noticed. Coun. Scott asked how the membership roster of the new Planning Board had been determined and the Mayor replied it was based on seniority and completion of the newly required certification. At the request of Janice Hendricks, 615 Leslie Avenue, the membership roster was read by Mayor Nicol.

Coun. Gorham, seconded by Coun. Scott, introduced Resolution 08-34 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 February 25th, 2008, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Gorham, Scott & Shaak; all aye. No nays. Passed.

Office of the Mayor


Whereas, On Sunday, January 27th, 2008, Brielle Cub Scout Pack 63 conducted their annual ‘Pinewood Derby”, and

Whereas, there were four finalist, each of whom finished in First Place in their respective Divisions and shall now go on to compete in the “Thunderbird District Run-off”, and

Whereas, it is fitting and right for their Community to give recognition to their achievement.

Now Therefore Be It Proclaimed, that the following First Place Finishers are hereby recognized:

Tigers Hunter Clark

Wolves Thomas Deveney

Bears Robert Maes

Webelos Cary Hilla

Be It Further Proclaimed, that Monday February 25th, 2008 be declared Pack 63 First Place Finishers Day in the Borough of Brielle and all residents are asked to recognize their achievement and to wish them the best of luck in the upcoming competition.

Thomas B. Nicol


Resolution No: 08-33-C Date: February 25th, 2008

Borough of Brielle Resolution

The Governing Body of the Borough of Brielle in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Brielle.

We understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.

It is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor.

This approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.

Thomas B. Nicol


I, Thomas F. Nolan, Municipal Clerk of the Borough of Brielle, do hereby attest that the foregoing authorization was adopted at a regular meeting of the Governing Body of the Borough of Brielle held on February 25th, 2008.

Thomas F. Nolan

Municipal Clerk

Resolution No: 08-33-D Date: February 25th, 2008

Borough of Brielle Resolution

Be It Resolved, that the following individuals shall constitute the membership roster of the new combined Planning Board has authorized by Ordinance No. 986 adopted on January 28th, 2008.

Class I Thomas B. Nicol (08)

Class II James J. Langenberger (08)

Class III Frank A. Garruzzo (08)

Class IV Susan Brady (10)

Michael Gianforte (10)

Thomas Heavey (10)

Tim Sigler (10)

Tom Condon (10)

Terre Vitale (10)

Alternate #1 James Harman (08)

Alternate #2 Charles Sarnasi (09)

Page 25

Mayor Nicol then announced that the time had arrived for the continuation of a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “LAND USE” AND CHAPTER 21 ENTITLED “ZONING”.

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

Coun. Scott was recognized and offered that she had no objection to the purpose of the ordinance, but she believed that it was more of an enforcement problem and if there was difficulty in monitoring illegal garage apartments than more due diligence was in order.

Coun. Scott also cited Mr. Crowe’s concerns and a letter received from Gary Pstrak, which echoed those concerns over the height restrictions. Given the size of some of the lots in Brielle the restrictions were too rigid and impacted on aesthetics. Coun. Scott also believed that forcing residents to seek a variance to exceed the height limitation was onerous.

Borough Engineer Alan Hilla, Jr. explained that the intent was to prevent the “monster garage” which was within five feet of the property line and dwarfed neighboring homes. He also noted that the size of an accessory building such as a two car garage was limited by the existing lot coverage standards. Mr. Hilla added that the “flat roof” issue could be addressed by rotating the roofline.

Mr. Hilla advised the Council that the ordinance was in keeping with the dimensions established in neighboring communities where fifteen feet the height limitation was. Mr. Hilla believed that seventeen feet was generous and permitted storage above an accessory building but not livable space.

Coun. Bolger observed that a property owner could still exceed the height limitation but would need a variance. Mr. Hilla said that was correct. Coun. Bolger asked what the cost of the application would be? Mr. Hilla was uncertain, but Coun. Nolan estimated between $500 and $1000.

Coun. Shaak shared Coun. Scott’s concerns and he recommended that the ordinance be tabled and referred back to the Community Development Committee. He added that he felt that the need to seek a variance placed an undue burden on residents.

Mr. Hilla reiterated that currently there were no height restrictions and an owner could construct an accessory structure that was thirty-five feet in height. Such construction had already occurred and had led to massive protests.

Coun. Scott suggested that the setback requirements be changed.

Page 26

Coun. Nolan stated that he had made an analysis of the issue and found that a seventeen foot height limitation was not a hardship and he cited the dimensions and size of the average garage in the Borough and that that a five on twelve roofline was the norm. Coun. Nolan added that residents who already had plans for an accessory would have no problem proving hardship to the Planning Board.

As there continued to be disagreement over the ordinance and insofar as the there was no urgency in resolving the matter it was decided to rescind the ordinance as currently configured and sent it to the Community Development Committee for further review. This action was effected by a motion made by Coun. Scott, seconded by Coun. Shaak; all aye. None oppose.

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE TO REPEAL SECTION 20-8.2 OF THE CODE OF THE BOROUGH OF BRIELLE”.

Coun. Nolan seconded by Coun. Shaak, introduced Resolution 08-35 for passage on introduction and first reading of the foregoing Ordinance. Vote: Coun. Bolger, Gorham, Scott & Shaak; all aye. No nays. Passed.

Coun. Scott, seconded by Coun. Shaak, introduced Resolution 08-36 to authorize publication of the foregoing ordinance in the Coast Star for a hearing to be held at 7:30 pm. on March 10th, 2008 at Borough Hall. Vote: Coun. Bolger, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who advised the public that the Library would begin a series of “Meet Your Community” programs as of February 27th when local accountant Judith Souchek, would be featured. On April 9th Kathy Schmidt of the Union Landing Restaurant would discuss dining and on April 30th, Michael Keenan would host “FT Fitness Together”. Light refreshments would be served at all programs.

Coun. Scott also observed that the annual tonnage grant had been submitted to the State and she hoped that Governor Corzine’s new budget would preserve these funds.

Finally, Coun. Scott reminded the public to buy eggs in cardboard rather than plastic containers as cardboard could be recycled.

Coun. Nolan reminded the public that the Library was hosting an on-going series of programs on computer literacy that included Microsoft Word and Power Point. The library would also host an evening with Peter Tartaglia on February 26 @ 7:00 p.m. Mr. Tartaglia was the director of such television programs as “Real Housewives of Orange County”.

On March 13th, 2008 the Monmouth County Health Department would prevent a program on preparing for emergencies. The Library also planned presentations on Genealogy and the Holocaust.

Page 27

Turning to the Board of Recreation, Coun. Nolan cited the Easter Egg Hunt on March 15th (rain date March 16th), the 3 on 3 Tournament on February 29th, Summer Recreation, June 30th through August 8th and Pee Wee Soccer on April 12th. Summer Recreation Director Rick Trimble would be conducting “Spring Training” for aspiring ballplayers and on March 16th a meeting would be held to prepare for the return of the Soap Box Derby

Coun. Nolan also advised that the Board of Recreation would be closing the Soccer Fields from March through Labor Day for reseeding, fertilization and aeration.

Coun. Shaak thanked his colleagues for tabling the ordinance on accessory structures. He also advised the public that the Council was working with the Borough Engineer to resolve the issue of deteriorated pavement at the confluence of Oceanview Road and Riverview Drive.

Coun. Shaak also congratulated Brett Nielsen on his appointment and noted that he was both a firefighter in Asbury Park and a volunteer in Manasquan; he was sure that he would do a good job.

In closing Coun. Shaak reminded the public that the Fire Company would be conducting the “Half-way To Brielle Day” 5 K Race on March 8th. The race would begin and end at Simko’s.

Coun. Bolger cited the First Aid Squad Fundraiser at Simko’s wherein Mike Simko had agreed to rebate 20% of the cost of all lunches and dinners purchased at his restaurant to the Squad during February 25th through the 26th; he added that twice during the Council meeting the siren had summoned the Squad to an emergency, making a total of six calls on this day alone. Coun. Bolger felt it appropriate to do all we can to help the Squad.

Coun. Bolger planned another “Clean-Up” day for April 12th and hoped to get a response equal to the last one which he had found gratifying.

Coun. Bolger cited his attendance at the County Budget Hearing and reminded the public that one third of the tax dollar, four million dollars, was paid to the County in 2007; he felt it was important for residents to let the Freeholders know that a five hundred million dollar budget for a County with a population of 655,000 was high.

Coun. Bolger added that the Freeholders were elected countywide and had no allegiance to any one community, but he stated that he would be happy to represent any Brielle resident who wished to communicate their concerns over the county budget to him. He cited his own appearance at the hearing where he stated that he believed the budget was too high. The Freeholders response was “Thank you very much”. He urged the public to be pro-active and not simply accept the budget as a fait accompli.

Coun. Gorham having no report the meeting was opened to the public and William Brannick 805 Schoolhouse Road was recognized.

Page 28 25th February 2008

Mr. Brannick asked if the existing ordinance prohibited plumbing on the second floor of an accessory building?

Engineer Hilla said that it did. Mr. Brannick offered that proper building inspections should prevent any abuse of the system such as those the tabled ordinance sought to prevent.

Mayor Nicol stated that the problem arose when, after a period of time, residents do such work without obtaining a permit and without the Borough’s knowledge.

Coun. Nolan added that the ordinance also sought to regulate height to prevent an accessory building that could be larger than the existing structure and have an adverse impact on neighbors.

The Administrator added that the Borough Code Enforcement Office is not investigatory, but when violations are reported to the Borough we respond.

There being no further comments the meeting was adjourned at 8:20 p.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.

Approved: 10th March 2008 ____________________

Thomas F. Nolan

Municipal Clerk