A Community by the River

Borough of Brielle, NJ

October 27, 2008

January 08 2009

October 27, 2008

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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, but he advised the Council that Consent Agenda resolution "A" required amendment as the raffle application could not simply be memorialized, but required a new numeric designation.

The Administrator also requested permission to add a Resolution "B" to declare an emergency to permit the repair of a natural gas line at the Brielle Water Plant.

Mayor Nicol then read the following Proclamation:

Whereas, An estimated 52 million family, or informal caregivers, reside in the United States and, of that number 1.1 million live in New Jersey, and

Whereas, These family caregivers assist in preventing and delaying costly institutional care for the aging, disabled, chronically ill and mentally ill and provide support for the victims of cancer, mental illness, autism and Alzheimer's disease in their homes, and

Whereas, it is both fitting and proper that their contributions be recognized.

Now Therefore Be It Proclaimed, that the month of November, 2008, be observed as National Caregiver Month in the Borough of Brielle.

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

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Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the September 30th, 2008 Special Meeting and October 13th, 2008 Regular Meeting were approved on a motion by Coun. Shaak seconded by Coun. Nolan; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 08-91 for passage of the Consent Agenda.


A. To amend Raffle Application RA2008-21, Brielle First Aid Squad, Off-Premise Raffle, for a new drawing day of December 15'h, 2008 @ First Aid Squad Building, 710 Old Bridge Road, Brielle.

B. To declare an emergency relative to the repair of a gas line at the Brielle Water Plant at an estimated cost of $5,000.00.


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

Coun. Gorham, seconded by Coun. Nolan, introduced Resolution 08-92 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 27th, 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.08-91-A
Date: October 27th, 2008

Resolution of the Borough of Brielle

Whereas: on October 20th, 2008, Brielle First Aid, 710 Old Bridge Road, Brielle, N.J. 08730, submitted Raffle Application No. 2008-21, ID No. 57-10-36627 for an off-premise Gift Raffle, to be held at the Brielle First Aid Building, 710 Old Bridge Rd., Brielle, NJ 08730 on Monday, December 15th, 2008, 12pm.

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.


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 27th, 2008.

Witness my hand and Seal of the Borough of Brielle this 28th day of October 2008.

Thomas F. Nolan
Municipal Clerk

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

The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Scott.

The Chair recognized Engineer Hilla advised the Council that the Ordinance was the result of extensive work by the Community Development Committee that attempted to address the fact that, while the original 1960 Zoning high standard for accessory structures had been fifteen feet, by 2008 it had evolved to thirty-five feet and that was an unintended consequence that had to be rectified.

The current ordinance amendment resulted from the fact that the original suggestion, a cap of seventeen feet, was judged to be too inflexible, and the ordinance being presented this evening was thought to be an effective compromise.

The amendment was zone specific and tied the maximum height to the side and rear yard setbacks of each zone. This provided greater flexibility, but it also prohibited plumbing on any second floor and mandated a ten yard separation between the primary structure and the accessory building.

Committee Shaak thought that Mr. Hilla had done an admirable job in addressing the concerns voiced by the Council, the Planning Board and the Community.

Coun. Bolger asked if the ordinance prevented anyone from living in the accessory structure? Mr. Hilla replied "yes", but added that it was an enforcement issue. He added that that was why he had originally recommended a seventeen foot high limitation.

Coun. Bolger inquired further concerning enforcement and asked if occupancy was illegal? The Engineer advised that it was illegal and would be a matter for Code Enforcement.

Coun. Bolger asked if the crux of the ordinance was that the maximum height of an accessory structure would now to be tied to the side and rear yard setbacks? The Engineer responded in the affirmative.

Coun. Nolan commended the committee for the work, but felt that the ordinance remained a little confusing since it relied on setbacks rather than on the square footage of the lot. Coun. Nolan said that he could not support the ordinance.

Coun. Bolger asked if the Community Development Committee had made a consensus endorsement of the ordinance? Coun. Shaak said "yes".

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William Brannick, 805 Schoolhouse Road, asked why the ordinance did not simply prohibit plumbing to accessory structures and thereby removed the potential for someone running a line to a second floor apartment?

Mr. Hilla explained that many people liked to have a slop-sink in their garage and the public had to remember that accessory structures were not simply garages. Many people had cabanas and they contained showers; he added that ordinance addressed height rather than plumbing.

Mr. Brannick thought that permitting plumbing was an impediment to enforcement.

Dave Dupre, 1016 Riverview Drive, asked what criteria determined the height of an accessory structure? Mr. Hilla replied the "average adjacent grade". Mr. Dupre asked if the crown of side road or the main road determined height. Mr. Hilla replied that this criteria only applied to the main structure and not any accessory buildings.

Joseph Grogan, 1111 Sunset Drive, opposed the ordinance and stated that there were neither an abundance of accessory structures nor rentals in the Borough to justify this action.

Mayor Nicol & Coun. Shaak both replied that the primary goal was to prevent large accessory structures from being built too close to the property lines and thereby creating a problem for neighbors. Coun. Shaak pointed out that, under the existing ordinance, a thirty-five foot high accessory structure could be built five feet from the property line.

Mr. Grogan remained skeptical.

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

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 08-93 for passage on introduction and final reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Gorham, Scott & Shaak; all aye. Coun. Nolan nay. Passed.

(Note: Coun. Scott noted during the roll call that she had supported this ordinance as she believed the original version imposed excessive limitations. She felt that the current version was more flexible. Coun. Scott stated that Coun. Nolan had expertise in the area of Land Use do to prior service on the Board of Adjustment. She said that she wished he had shared his concerns with the committee prior to the hearing.)

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 08-94 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak: all aye. No nays. Passed.

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Coun. Nolan, seconded by Coun. Shaak, introduced Resolution 08-95 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 08-96 to authorize publication in the Coast Star for a public hearing to be held on November 24th, 2008 @ 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then read a Proclamation:

Whereas, on Sunday, September 28th, 2008, the Brielle Board of Recreation Commissioners revived their traditional Soap Box Derby, and

Whereas, a number of Brielle Residents attained fame and glory during the course of that event, and

Whereas, it is fitting and proper for a Governing Body to recognize such an achievement by local residents, and

Whereas, the following residents are worthy of such recognition:

Marc Grogan Second Place
Shawn Nolan Drivers Award
Jack Tomkiel Best Design & Craftsmanship
First Place
Trevor Covey Best Design & Craftsmanship
Third Place
Evan Storer Judges Award

Now Therefore Be It Proclaimed, that Monday, October 27th, 2008 be observed as Soap Box Derby Recognition Day in the Borough of Brielle and all Brielle Residents are asked to Honor the achievement of the aforementioned Victors.

Mayor Nicol then announced the Brielle Day Committee had reviewed a request to donate funds for the replacement of flooring at the Curtis House and they had decided to honor the request.

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The Mayor then called for committee reports and recognized Coun. Scott who advised the public of her attendance at two conferences. The first was the Association for New Jersey Recyclers where there was much discussion concerning the State Recycling Enhancement Act. The Act would require the Borough to update its recycling ordinance and the Planning Board would have to re-examine the Recycling Element of the Master Plan.

Enforcement of the Recycling Ordinance would have to be enhanced and the Act called for an increase in the recycling rate, but municipalities who perform well would be rewarded. The County also has an obligation under the Act to put “teeth into it” via amendments to the Solid Waste Management Plan, which oversees the municipal effort. Coun. Scott acknowledged that she was in receipt of this one hundred and ninety page document and was still digesting it, but she noted that Brielle was in a position to perform well, it just required a greater commitment.

The symposium also included a program on "Municipalities Going Green" through purchasing practices, waste prevention, Green Teams in schools (Brielle Elementary does well) and businesses (not there yet), shared services, just to mention a few. Coun. Scott cited Rutgers University where 51,000 students and 17,000 faculty and staff have a 60% recycling rate and the school a 100% bio-diesel fleet. "Way to go, Rutgers", she added.

Coun. Scott, along with a member of the Brielle Shade Tree Commission, attended the 83rd Annual NJ Shade Tree Federation conference where she learned about the Community Forestry Grants Program and the Green Community Grants application process. An Attorney provided information on legal issues relative to trees that he called a "publicly owned resource" and one for which we are responsible. This could necessitate an update of existing Shade Tree Ordinances.

Coun. Scott also learned how important pruning and tree removal can be as 84% of storm damaged trees had pre-existing defects that could have been prevented.

Staying on storms, Coun. Scott cited the recent rainstorm during which the high winds clogged local storm drains with leaves and brush. While clogged drains should be reported to the DPW it was helpful if residents could rake the leaves and debris away from the drains.

Conn. Scott also thanked the gentleman who sent her an e-mail commenting on the discontinuation of the newsletter.

Coun. Scott closed by noting that the Curtis House painting was almost complete and she thanked the painter for his willingness to remove and replace the drapes, donated by the Woman's Club, to permit organizational activity to continue.

Coun. Nolan cited the Library's program by the South Jersey Ghost Research Group @ 7:00 p.m. on October 28th; he offered that it was a great way to get ready for Halloween.

Biddy Basketball sign-ups would be held on November 3rd @ Curtis House between the Page 146
hours of 7:00 p.m. and 8:30 p.m. The cost was $45.00 per child, $80.00 for two and $95.00 for three or more. The tennis court project was complete. The nets would be back up within a week. The basketball portion of the project had been carried to the Spring.

In closing Coun. Nolan praised the Fire Company's Haunted Hayride and added that while his wife had attended on Friday Night; he had gone Saturday in the rain and was amazed by how the Company carried on despite the weather.

Coun. Garruzzo advised the public of an incident on October 24th at 12:32 p.m. when two Brielle residents were assaulted by four unknown individuals who emerged from a silver four door Honda. One victim was hospitalized and the other treated at the scene. Anyone with information was asked to contact the Brielle Police.

Thus far in October the Department had made 23 arrests that included two individuals who burglarized a house on Holly Hill Drive and one who burglarized a house on Riverview Drive. Residents were reminded to keep doors and windows locked.

Coun. Garruzzo reminded the public that a curfew would be in effect from Monday October 20th through Wednesday October 29th 7:30 p.m. to 6:00 a.m. and Thursday, October 30th, from 6:00 p.m. to 6:00 a.m. Halloween, October 31st, the curfew would be from 7:30 p.m. to 6:00 a.m.

Coun. Shaak advised that Monmouth County was replacing the bulkhead at the end of Ocean Avenue. The bulkhead had been a problem for a number of years and was a catastrophe in the making since, should it collapse, the end of Ocean Avenue could be lost, the adjacent properties adversely impacted and the potable water system impacted. Coun. Shaak was pleased that the County had undertaken the project with the understanding that the County would provide the labor and the Borough would pay for the materials.

Coun. Scott also announced that she was in discussion with Manasquan for an Interlocal Agreement for shared Fire Protection Services. Both Sea Girt and Brielle would soon adopt a new ordinance and fee schedule and this provides all three municipalities with the same standard. An interlocal agreement was a logical next step.

Coun. Shaak also praised the Fire Company for their work on the Haunted Hay Ride and added that it had become an annual community event. He congratulated Fire Company President Jim Stenson for his efforts.

Coun. Bolger thanked everyone who assisted him in the semi-annual town-wide clean-up and in particular the Manasquan High School Key Club who sent a large contingent. The Club had covered the public areas from Curtis House and the Elementary School to Borough Hall. Coun. Bolger also thanked Bill Burkhardt for the DPW's support and Simko's for donating a gift certificate that had been auctioned off. Coun. Bolger acknowledged the winner, Sue Stenson, who was in attendance.

Coun. Gorham having no report, the meeting was open to the public, and William Page 147
Page 147 27th October 2008

Brannick, 805 Schoolhouse Road, who asked if the proposed Water Authority would see commissioners with salary and benefit packages?

The Administrator replied "no". The new entity would be a "paper authority" with four of the five towns utilizing the legal and bond counsels of Wall Township and paying their share of expenses. In Brielle's case that would be 14.5%.

Mr. Brannick asked Mr. Montenegro if the discussion on the potential sale of Borough Property, held in Executive Session some months ago could now be made public? The Attorney said that it was not yet appropriate to make the mater public.

Sue Stenson, 810 Rathjen Road, on behalf of the Woman's Club, thanked the Governing Body for the painting of Curtis House and the new floor.

There being no further comment, the meeting was adjourned at 8:16 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.

Approved: November 10th, 2008.

Thomas F. Nolan
Municipal Clerk