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A Community by the River

Borough of Brielle, NJ


October 13, 2008

January 08 2009

October 13, 2008

PAGE 135

MINUTES OCTOBER 13TH, 2008 WORK SESSION START: 7:30 P.M.

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 that he had nothing to report.

Mayor Nicol then read the following Proclamation.

BOROUGH OF BRIELLE
Whereas, the Borough of Brielle has been formed in compliance with the applicable statutes, and

Whereas, it is fitting and proper for a municipal corporation to recognize the achievements of those who serve the community, and

Whereas, Brent Studer, the Manasquan River Golf Club Pro, won his second New Jersey PGA Title in ten years, and

Whereas, Brent Studer achieved this goal despite having had surgery to his wrist and thumb in 2004 that necessitated him adapting a new golf grip, and

Whereas, Brent Studer's achievement is an inspiration to all those golfers who persevere for love of the game, and

Whereas, His achievements are indeed worthy of commemoration and this fact is confirmed by 42 independent golfing experts.

Now Therefore Be It Proclaimed, that October 13th, 2008 be designated as Brent Studer Day in the Borough of Brielle.
_______________________________________________________________

Mayor Nicol also welcomed the Boy Scouts of Troop #63 who were in attendance as part of their effort to achieve the Citizenship & Community Merit Badge that was one of the requirements for obtaining the rank of Eagle Scout.

There being no further comments the work session was adjourned at 7:35 p.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.

PAGE 136

MINUTES OCTOBER 13TH, 2008 START: 7:32: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 September 22nd, 2008 meeting were approved on a motion by Coun. Scott seconded by Coun. Garruzzo; all aye; no nays. Passed.

Mayor Nicol interjected, for the benefit of the Boy Scouts, that motions were passed by a voice vote, whereas, resolutions required a roll call.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 08-87 for passage of the Consent Agenda.

Resolutions:

A. (see insertion).
B. (see insertion).
C. To authorize a refund for overpayment of taxes re: Block 55.0, lot 3, in the amount of $403.20
D. To expand the existing professional service contract with BRB Valuation Services to include Block 60, Lot 10, block 47.01, Lots 6 & 7.

Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed. (Note: Coun. Bolger abstained on Resolution "D".

Coun. Gorham, seconded by Coun. Garruzzo, introduced Resolution 08-88 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 October 13th, 2008, 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.08-87-A
Date: October 13th, 2008

Resolution of the Borough of Brielle

Whereas: on October 6th, 2008, Brielle Elementary School, 605 Union Lane, Brielle, N.J. 08730, submitted Raffle Application No. 2008-19, ID No. 57-5-22886 for an off-premise 50/50 Raffle, to be held at the Brielle Elementary School, 605 Union Lane, Brielle, NJ 08730 on Saturday, December 6th, 2008, from 10am-3pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on October 13th, 2008.

Witness my hand and Seal of the Borough of Brielle this 14th day of October 2008.





____________________ Thomas F. Nolan
Municipal Clerk











Resolution No.08-87-B
Date: October 13th, 2008

Resolution of the Borough of Brielle

Whereas: on October 6th, 2008, Brielle Elementary School, 605 Union Lane, Brielle, N.J. 08730, submitted Raffle Application No. 2008-20, ID No. 57-5-22886 for an on-premise Gift Auction, to be held at the Brielle Elementary School, 605 Union Lane, Brielle, NJ 08730 on Saturday, December 6th, 2008, from 10am-3pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on October 13th, 2008.

Witness my hand and Seal of the Borough of Brielle this 14th day of October 2008.



______________________
Thomas F. Nolan
Municipal Clerk











Page 137

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of a "AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "LAND USE" AND CHAPTER 21 ENTITLED “ZONING”.

Coun. Scott, seconded by Coun. Garruzzo, introduced resolution 08-89 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Shaak & Scott; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-90 to authorize publication of the foregoing ordinance in the Coast Star Newspaper for a hearing to be held at 7:30 p.m., at Borough Hall, 601 Union Lane, Brielle, New Jersey, on October 13th, 2008. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Shaak & Scott; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public that, while leaf collection began October 1st, brush collection would end on October 15th. Coun. Scott asked the public to avoid creating large piles of leaves that could impede traffic.

The Councilwoman also cited new regulations being promulgated as part of the Monmouth County Solid Waste Management Plan. Ferrous and non-ferrous metals were not a mandated recyclable and this should increase the Borough's revenue stream while keeping these items out of the landfill.

Coun. Scott also noted that Monmouth County would be conducting a series of "Paper Shredding Day" throughout the County. On October 25th they would be in Sea Girt at the Sea Girt Plaza. Brielle would be holding their own event in the Spring and Coun. Scott would investigate the possibility of obtaining County sponsorship.

In closing Coun. Scott cited the last publication of the "Brielle Connections". The decision to end the series had been difficult, but the Web-Site seemed a more conducive format. Coun. Scott would be pleased to discuss the issue with any concerned residents.

Coun. Nolan offered words of welcome to the new Brielle Librarian, Kim Rinaldi, and added that on Tuesday, October 14th, the Library would present "Legends of Sleepy Hollow" @ 1:30 p.m. The Fourth Grade Class of Brielle Elementary would be in attendance.

The Board of Recreation's Chili Taste-Off was attended by some five hundred people, and seventy-five Scarecrows were constructed. The Long Blue Line was also in attendance and sold $350.00 worth of lemonade.

Page 138

In other news the tennis courts were expected to be completed by next week, and Brielle mourned the passing of Marty Quigley who Coun. Nolan called "a great man" who had epitomized "family" and "community". Coun. Nolan added that he would be sorely missed.

Coun. Garruzzo having no report, Coun. Shaak cited the introduction of the revised "Accessory Structure" Ordinance and he thanked his committee for their hard work. He anticipated that the ordinance would address the problem of oversized detached structures.

Coun. Bolger reminded the public that he would be conducting his semi-annual town wide clean-up on Saturday, October 18th. The troops would assembly @ 10:00 a.m. at Curtis House and be dispatched to a variety of locations; he cited Ms. Tufts attendance at the meeting and he hoped to once again see a large turn-out from the Scouts and the Elementary School children.

Coun. Gorham having no report the meeting was opened to the public and the Chair recognized Corey Weiss, 613 Woodland Avenue, who presented the Council with a photograph of a demolished building across from his home and noted that the structure had been demolished on September 30th; he asked why the pile of rubble was still there and if there was any asbestos in the pile?

Attorney Montenegro responded that Borough Ordinance addressed this issue and the responsibility to remedy the situation rested with the owner.

Mr. Weiss stated that the owner simply moved the debris around the site creating clouds of dust and creating a habitat for a variety of wildlife that ranged from possums and groundhogs to rats. There were forty to fifty children residing on Woodland Avenue and the site was both an attractive nuisance and a potential hazard to both health and public safety.

Tina Cadott, 623 Woodland Avenue, echoed Mr. Weiss's concerns adding that the structure was originally slated for demolition on September 25th, but the owner was given an extension. She stated that Code Enforcement Officer Langenberger had granted the extension after being directed to do so by his "boss". Ms. Cadott asked who was the "boss"?

She also cited two Fire Company drills that had left holes in the roof and the fact that the contractor had permitted his sons to break the windows of the house as a lark.

Mayor Nicol assured the residents that the matter would be addressed and Coun. Shaak, as Chairman of the Community Development Committee, offered to act as "point man" on this issue to ensure it was resolved.

Page 139 13th October 2008

Changing the subject, Ms. Cadott took exception to the Accessory Structure Ordinance and
thought it would limit her ability to construct a garage.

Coun. Shaak pointed out that the ordinance limited height based on set-backs and the thrust was to prohibit residential units in accessory structures and was not unlike previous revisions to the code that prohibited habitable space on a third floor.

Ms. Cadott also implied that the Council was responsible for the current problem as they had done nothing to stop the sub-division.

Attorney Montenegro replied that the Council had no jurisdiction in that area; it was the purview of the Planning Board.

Ms. Laura Kenneally, 615 Woodland Avenue, advised Council that the demolished structure included a basement that was partly filled with water and a hazard. She asked if there was a specific timeframe for the removal of the debris? She also felt that the project was having an adverse environmental impact on the neighbors.

Ms. Kennelly noted the contractor was "not a gentleman" and he had ignored a police directive to cease work after 5:00 p.m. in compliance with the noise ordinance.

Janet Hendricks, 615 Leslie Avenue, added that the site did not have a silt fence that she thought was an ordinance requirement.

George Brown, 614 Woodland Avenue, stated that he lived next door. The contractor did not bother to water down the site to control dust and the equipment he used was dangerous. Mr. Brown hoped he did not injure himself, but he was not about to come to his rescue if he did.

Board of Education President Ted Vitale was recognized and he invited the Governing Body to attend a Board Meeting scheduled for Wednesday, October 15th, at which time a power point presentation would be made on the proposed improvements to the Elementary School.

There being no further comments the meeting was adjourned at 8:05 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.



Approved: October 27th, 2008 _______________________
Thomas F. Nolan Municipal Clerk

 

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