A Community by the River

Borough of Brielle, NJ

September 13, 2010

September 29 2010

September 13, 2010





Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that, in conjunction with Attorney Montenegro, he had successfully concluded an agreement with the Drawbridge West Condominium Association in accordance with the requirements of the Kelly Bill. He asked that a resolution approving the agreement be added to the consent agenda.

The Administrator also advised that the proposed ordinance to vacate a portion of Laurel Avenue would have to be carried as the "Meets & Bounds" survey had not been received from the applicant.

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.





Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the August 23rd, 2010 Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Scott; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 10-71 for passage of the Consent Agenda.

A. (see insertion).
B. To authorize the Jersey Shore Relay to run through Brielle on April 16th, 2011, to benefit Special. Olympics.
C. To authorize the release of a Performance Bond re: Omni-Point Telecommunications Tower upon compliance with all Borough Requirements.
D. To authorize the Borough Attorney & Administrator to finalize an agreement with the Drawbridge West Condominium Association for the provision f municipal services as per the Kelly Bill.

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

Mayor Nicol then appointed Coun. Shaak to the Finance Committee for purposes of this meeting.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 10-72 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 September 13th, 2010, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then announced that the time has arrived for a hearing on a proposed application for Municipal Open Space Funding.

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

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Engineer Hilla explained that the application would be seeking to expand a public access bathroom as an addition to the Curtis House, install a multi-purpose pathway using stone aggregate to create a loop that would connect Harris Avenue to the access road at the rear of the Curtis House.

There would also be a stone aggregate rest area/picnic area in the northwest section of the park adjacent to the Harris Avenue extension. The existing chain-link fence would be replaced by a split rail fence. PVC wire-coated fabric would be installed along the fence to prevent balls leaving the ark and landing in Morgan Parkway & Legg Place. The existing recreation shed will also be expanded to accommodate the storage of more equipment. There would also be some minor repair to the parking stops and the southerly parking lot would be striped. The amount to be requested in the application is $102,000.00. The Borough will match that amount and absorb the cost of the design, bidding and construction oversight.

The Engineer also advised that the cost of design would be the responsibility of the Borough.

Coun. Scott asked if the grant required a 50% match? The Engineer replied in the affirmative.

Edward Burke, 409 Union Lane, asked if the bathrooms "would be opened for a change?" He noted that they were frequently closed and that prospective patrons utilized the adjacent bushes. Mayor Nicol advised that public access would be a priority.

Janice Wurfel, 506 Green Avenue, questioned the estimated cost of $90,000 for the bathroom. Engineer Hilla explained that it was an estimate based on cost per square foot. The actual design would provide a better number, but if the grant was not approved then the design phase would not be initiated. He added that the plumbing in this case was complex and the Borough also had to meet all ADA Requirements. He added that, if the grant was approved, construction would not begin prior to June 2011.

The hearing was closed on a motion by Coun. Scott, second by Coun. Garruzzo.

Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 10-73 to authorize the submission of the application. Vote: Coun. Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed. (Note: Coun. Nolan abstained.)

Mayor Nicol then asked for a motion to carry the proposed introduction and passage on first reading of "AN ORDINANCE TO VACATE A PORTION OF LAUREL AVENUE" to September 27th, 2010; all aye.

The Mayor then called for committee reports and recognized Coun. Scott who noted that once again Brielle Day had been a "perfect day". Once again, she added, the DPW had lived up to their reputation being on-hand throughout the event to keep the park spotless. The Councilman advised that, during the course of the day, she had received many compliments
compliments regarding the DPW's performance.
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Coun. Scott also acknowledged Dave Dupre for the annual 9/11 service at the 9-11 Memorial Site. The observance provided a brief, but moving ceremony, and members of the Fire & First Aid Departments, along with the Boy Scouts and clergy had been present.

Turning to the Shore Community Alliance, Coun. Scott cited the "Babes" Program that would begin this week in the Brielle Elementary School. This six week puppet program was directed at 3rd Graders as trained leaders sought to teach life skills, self-esteem, good touch/bad touch and other coping skills to the children.

The Teen Center project was making good progress with the Teens & Habitat working outside while professionals finished the interior of the building. The improvements would include a dance floor. Coun. Scott also thanked all of those who voted in the grant competition and she would advise the public of the results of that voting in the near future.

The Alliance had also formed a sub-committee to work on the psychological autopsy of suicide cases in an effort to find a common denominator. Friends and family members of the victims were being interviewed to that end.

Coun. Scott also advised that the Brielle Police would soon be holding the annual "take back unused prescription drugs" program. The date was yet to be determined. The annual Flu Clinic would be held at Curtis House on October 1st between 1:00 & 3:00 pm.

Coun. Nolan reminded the public that the soap box derby would be held on September 25th. As of today there were between forty & fifty entries. Flag Football would begin on Sunday both boys and girls, and 185 children had registered. On October 17th the "Fall Festival" would be held at Brielle Park and a scarecrow building contest was among the events planned.

Coun. Nolan noted that both the Library book sale and moonwalk event had been very successful and on September 14th between 3:30 & 4:15 pm a runners’ clinic would be held at the Library to teach grades 5th through 8th how to run.

Coun. Nolan also offered kudos to Mr. Dupre for the 9-11 ceremony and to all the volunteers for their good work during Brielle Day.

Coun. Garruzzo advised that, during the month of August, the Police investigated twenty automobile accidents, made seventeen arrests that included nine DWI arrests, 1 simple assault, two disorderly conduct and five warrant arrests. Coun. Garruzzo also thanked the Volunteers for their work on Brielle Day.

Coun. Shaak urged residents to attend the September 14th Planning Board Meeting as the agenda was full and it could prove to be a beneficial educational experience on how land use is administrated in Brielle.

Coun. Shaak was pleased to note that, in 2004, 5% of First Aid Squad Members were EMTs. In 2010 that number was 90%. Three members had just completed the 120 hour course and their willingness to sacrifice their time for a higher purpose gave testimony to their dedication.
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Coun. Shaak also noted that 2010 had been one of the busiest years for the Squad with the Squad being on par to answer 500 calls. In closing he advised the public that the Squad had changed its name to Brielle EMS Inc. The new name provided greater recognition among visitors who knew the EMT Term better than First Aid.

Mayor Nicol then opened the meeting to the public and recognized Janice Wurfel, 506 Green Avenue, who complained about loud music from the River House. Coun. Garruzzo promised to investigate.

Ms. Wurfel also inquired about a number of flags presented to a prior governing body by representatives from Brielle Holland. She noted that the same group had presented tiles to the Church in Brielle. The tiles were still in their possession, but there was no record of the flags. Council promised to investigate.

Edward Burke, 409 Union Lane, raised a number of concerns. He observed that the Borough had expended $275,000 to provide sidewalks on Union Lane. Yet during snowstorms, the sidewalks remained snow covered and children had to walk in the street. Why?

Attorney Montenegro advised that State Statute made cleaning sidewalks the responsibility of the homeowner, but it was agreed that the Code Enforcement Officer would be dispatched to remind residents of that fact during the next storm.

Mr. Burke also cited the fact the Brielle Mariner boat shop at the corner of Union Lane was not maintaining the adjacent lot. The lot was overgrown. The Council advised that Code Enforcement would address the issue.

Mr. Burke then cited a group of nine bikers, 6th & 7th graders, he encountered at the Ice Creamery. Only one had a helmet and none had reflectors on their bikes; he termed it a disaster waiting to happen. Council promised to address this concern.

In closing Mr. Burke wanted to know the status of the street sweeper. The current sweeper was eleven years old and constantly broke down; he wanted clean street and said he "wanted his dollar's worth".

The Council advised that specifications for a new sweeper were in the works and other options such as an inter-local agreement were being examined. Resolution of the problem was at hand.

There being no further comments, the meeting was adjourned at 8:15 pm on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

Approved: September 27th, 2010. __________________________
Thomas F. Nolan Municipal Clerk

Resolution No:10-71-A
Date: September 13th, 2010
WHEREAS, the New Jersey/New York Clean Ocean Zone (COZ) is defined as the waters from Montauk Point, NY, to Cape May, NJ, offshore to the outer edge of the Continental Shelf (out to 100 miles), and consists of over 19,000 square miles of Atlantic Ocean; and
WHEREAS, the physical, hydrodynamic, and biological characteristics of the COZ are unique in the world as more than 300 species of fish, nearly 350 species of birds, 5 species of sea turtles, and many marine mammals such as 20 species of whales and dolphins, 1 species of porpoise, and 4 species of seals frequent this region. Nine endangered species, four of which are whales, can be found in these ocean waters. The COZ also serves as an essential migratory pathway for many of these species; and

WHEREAS, the ecological richness and economic viability of this region depends on a clean marine environment; and

WHEREAS, the COZ is the target location for industrial liquefied natural gas (LNG) port facilities, and
WHEREAS, New York and Connecticut rejected a similar LNG proposal in Long Island Sound, and instead, offered two additional sites off the Jersey shore and south shore of Long Island for LNG facilities. Indeed, a proposed LNG facility similar to that rejected in Long Island Sound, was also vetoed in California due to significant impacts to marine life and air quality, and
WHEREAS, LNG is a bad choice for the ocean. LNG facilities will: devastate important fish habitat, and impact endangered, threatened, and protected species; damage seafloor habitat; destroy vast quantities of marine life by refilling huge emptied tankers with billions of gallons of seawater to replace LNG cargos; and be exposed to stronger and more frequent hurricanes, nor'easters, and wind and wave risks; and
WHEREAS, LNG is unsafe and risky business. The proposed facilities will straddle shipping lanes in the NY/NJ Harbor region the busiest port on the east coast, and third in the US. This will dramatically affect shipping traffic patterns when tankers approach the facility; ship traffic and navigation will be altered in the busy region. LNG tankers leaving and entering shipping lanes amidst port traffic raise the risk of accidents with all vessels (i.e., cargo, oil tankers); and
WHEREAS, LNG is a polluting, climate-changing foreign fossil fuel. The additional lifecycle stages of liquefaction, transportation, and gasification emits harmful greenhouse gases (GHG). LNG produces 20%-40% more greenhouse gases (GHG) than domestic natural gas; and
WHEREAS, we do not need LNG ports in this region. Currently, 99% of the natural gas used in the United States is from North America, with most of that from the US, and recent new discoveries of huge new natural gas fields in the US and Canada supplement an already growing domestic supply. LNG is expensive now, and will only become more so. The whole world competes for LNG, making it globally priced and locked into price wars. Also, existing LNG ports are significantly under-utilized and can more than meet our region's energy needs; and

WHEREAS, LNG is not domestic and over two-thirds of the world's natural gas reserves are in Russia and the Middle East. Proposed sources for NY and NJ include countries like Russia and offshore drilling in Trinidad. Further, environmental laws and controls are often less stringent in these regions. These LNG schemes will increase the burning of polluting, GHG-emitting fossil fuels, and increase our use and dependence on unstable foreign energy sources; and

WHEREAS, the ever-increasing amounts of GHG from burning fossil fuels is changing the chemistry of the sea by increasing its acidity, and thereby diminishing the ocean's ability to serve the free and vital role as the Earth's largest and most effective absorber of major GHG emissions, as well as making the sea itself harmful to marine life; and
WHEREAS, LNG projects will permanently exclude the public from the ocean. Vast areas of ocean will be off limits to the public, including boaters and fishing vessels; and
WHEREAS, the Atlantic Sea Island Group's "Safe Harbor Energy" project (a massive manmade island in the open ocean for an LNG facility), ExxonMobil's "BlueOcean Energy" project (a floating experimental terminal for LNG), and Excalibur Energy's "Liberty Natural Gas Project" (four buoy LNG importation facilities) have been proposed and identified for the region; and

WHEREAS, plans for near-shore oil and gas industry activities have proposed that LNG pipeline routes be laid throughout Middlesex County - initial central pipelines would run over land through Monmouth County towns of Asbury Park, Neptune, Tinton Falls, Colts Neck, and Marlboro and through the Middlesex municipalities of Old Bridge, Sayreville, Woodbridge, Edison and Metuchen, or pipelines would run through the Raritan Bay to Perth Amboy and Woodbridge - these large industrial pipeline proposed corridors cut through local communities that have already experienced devastating explosions of natural gas pipelines and should not be exposed to such risks again; and

WHEREAS, solutions are available. We need to support energy efficiency, conservation, and renewable energy technologies and projects, which are readily available. For example, eight to twelve medium sized power plants worth of energy could be saved if NJ citizens were energy efficient. By focusing efforts on efficiency, conservation measures, and renewable technologies, the region can create a win-win situation: decreasing GHG, and long-term job creation with green technologies.

THEREFORE, BE IT RESOLVED that, on this date, September 13th, 2010 the Brielle Mayor & Council hereby opposes the building of industrial fossil fuel facilities, such as those for importing Liquefied Natural Gas (LNG), off the NJ/NY coast.
Authorized by: Thomas F. Nolan
Municipal Clerk


Address: 601 Union Lane, Brielle, N.J. 08730

Telephone: (732) 528-0315 #112 Email: thomasnolan601@hotmail.com

1. The Honorable Chris Christie, Governor of New Jersey, PO Box 001, State House, Trenton, NJ 08625-0001 Or The Honorable David Paterson, Governor of New York, State Capitol, Albany, NY 12224
2. Clean Ocean Action, 18 Hartshorne Drive, Suite 2, Highlands, NJ 07732

Resolution No: 10-73
Date: 13th September 2010

WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Trust Fund and established a Municipal Open Space Program to provide Program Grant funds in connection with municipal acquisition of lands for County park, recreation, conservation and farmland preservation purposes, as well as for County recreation and conservation development and maintenance purposes; and

WHEREAS, the Governing Body of the Borough of Brielle desires to obtain County Open Space Trust Funds in the amount of $102,000.00 to fund Enhancements to Brielle Park, 658 Union Lane, Brielle, New Jersey (Block 12, Lot 1); and

WHEREAS, the total cost of the project including all matching funds is $204,000.00; and WHEREAS, the Borough of Bridle is the owner of and controls the project site.
NOW, THEREFORE, BE IT RESOLVED BY the Mayor & Council of the Borough of Brielle THAT:

1. Thomas Nolan, Business Administrator is authorized to (a) make an application to the County of Monmouth for Open Space Trust Funds, (b) provide additional application information and furnish such documents as may be required for the Municipal Open Space Grants Program and (e) act as the municipal contact person and correspondent of the above named municipality; and

2. The Borough of Brielle is committed to this project and will provide the balance of funding necessary to complete the project in the form of non-county matching funds as required in the Policy and Procedures Manual for the Program; and

3. If the County of Monmouth determines that the application is complete and in conformance with the Monmouth County Municipal Open Space Program and the Policy and Procedures Manual for the Municipal Grants Program adopted thereto, the municipality is willing to use the approved Open Space Trust Funds in accordance with such policies and procedures, and applicable federal, state, and local government rules, regulations and statutes thereto; and

4. Thomas Nolan, Business Administrator is hereby authorized to sign and execute any required documents, agreements, and amendments thereto with the County of Monmouth for the approved Open Space Trust Funds; and

5. This resolution shall take effect immediately. CERTIFICATION

I, Thomas Nolan do hereby certify that the foregoing is a true copy of a resolution adopted by the Governing Body of the Borough of Bridle at a meeting held on the Thirteenth Day of September, 2010.

In Witness Whereof, I have hereunder set my hand and official seal of the municipality this 14th day of September, 2010.
Thomas F. Nolan
Municipal Clerk/Administrator