A Community by the River

Borough of Brielle, NJ

July 14, 2014

January 20 2015

July 14th, 2014





Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that the Monmouth County Multi-Jurisdictional Hazard Mitigation Plan had been posted on the municipal web-site and on the notice board at Borough Hall.

The Administrator also requested permission to add a resolution to the consent agenda to retain the services of B&B Valuation to assist in the defense of a tax appeal.

There being no further comment, work session was adjourned at 7:32 p.m. on a motion by Councilman Gianforte, seconded by Councilman Nolan.


MINUTES JULY 14th, 2014 START: 7:33 P.M.



Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 23rd, 2014 Regular meeting were approved on a motion by Councilman Gianforte seconded by Councilman Nolan; all aye; no nays. Passed (Councilmen Gianforte, Gorham and Visceglia abstained)

Councilman Garruzzo seconded by Councilman Gianforte, introduced Resolution 14-71 for Passage of the Consent Agenda.

A. (see insertion)
B. (see insertion)
C. (see insertion)
D. To authorize the disposal of a 1994 Ford Dump Truck, by direct sale after no bids were received at an auction held on October 28th, 2013, in compliance with state statute, at a price of $500.00.
E. (see insertion)
F. To authorize B&B Valuation Services, Inc. to represent the Borough in a tax appeal case re: Block 59, Lot 5. As per the terms of their proposal.

Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak and Visceglia; all aye, No nays. Passed

Councilman Visceglia seconded by Councilman Gorham introduced Resolution 14-72 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 July 14th, 2014, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak and Visceglia: all aye No nays. Passed

Mayor Nicol then called for committee reports and recognized Councilman Visceglia who had no report. Neither Councilman Gorham nor Gianforte had reports. Councilman Shaak cited the presence of the Street Sweeper throughout the week and residents were also advised that the “hot patch” machine had been deployed to fix all known pot holes. If any resident knew of a location that was missed they were asked to advise the Borough.

Effective August 1st, brush curbside collection would cease, but residents could bring the material PAGE 56

to the yard. Other initiatives currently underway were, sign replacement at Borough Hall, snow plow repairs and brine testing in anticipation of winter weather, painting of curbs and general improvements to the Recycling Center.

Councilman Nolan cited the successful appearance of author Elin Hilderbrand at the Library on Sunday and he advised that the Library was continuing with its summer programs from, summer reading for children, to art classes for adults (7/2-8/13), the Better Bodies Class on Tuesdays & Thursdays from 10:00 am to 10:45 am and a Social Security Seminar on August 5th presented by N.J. Senior Tax Advisor Greg Kunas.

Turning to Recreation, Councilman Nolan noted that both Flag Football and Summer Recreation were underway.

Councilman Garruzzo informed the public that, over the Fourth of July weekend the Police accompanied the Coast Guard on a routine patrol of Nienstedt Island. A number of individuals were observed to be on the island, but Coast Guard regulations prohibited a landing in shallow water. However, a follow-up visit on July 6th with the New Jersey Marine Police resulted in the issuance of five summonses for possession of alcohol.

During the month of June the Police made seventeen arrests, one for heroin possession, two for marijuana, one aggravated assault, four for simple assault, six DWI, one for giving false information to the police and two for warrants.

The meeting was then open to the public and the Chair recognized Janice Hendricks, 615 Leslie Avenue, who thanked Councilman Shaak for his announcement that the street sweeper would be on the road during the coming week as debris from the local bars was “out of control”. Ms. Hendricks also cited Wall Township’s “No Knock” ordinance and asked if Brielle was planning to introduce a similar ordinance.

The Administrator advised that it had already been done and residents could add their name to the list by registering at the Borough Clerk’s office.

Ms. Hendricks also asked if it were true that the Borough would now be going through the trash in search of recyclables. Councilman Shaak said it was true and violators would be issued summonses. Ms. Hendricks suggested that they avoid her trash as she always recycled, but her trash often contained “dog” droppings.

In light of this enforcement effort, Ms. Janine Riccelli, 526 Fisk Avenue, asked if type #4 plastics were now being taken. Councilman Shaak said that they were now being accepted and could be co-mingled with other plastics, but the recyclables had to be taken to the curb.

Rebecca Porter, 504 Fisk Avenue, cited a recent OPRA request and presented Council with a copy of a spread sheet she had prepared based on the cost of brush disposal. Her sheets included the cost of brush, solid waste and tree removal and employed $25,000 as the base pay for the PAGE 57

labor. Her calculation indicated that the use of Brielle Beach as a disposal/mulching site saved the average taxpayer .92 cents per month. Ms. Porter did not believe that the savings justified the adverse impacts on the area and the quality of life for the residents.

Mayor Nicol informed Ms. Porter that there were other factors to consider in the cost calculation. The Administrator cited .56 cents as the hourly cost of keeping the required dump truck on the road. He had calculated that the Borough employed two trucks for 26 weeks out of the year in brush removal. This equated to 288 trips @ .56 per hour or $3,494.40. He also pointed out that the figure of $25,000 was low as the average salary in the DPW was $45,000 and the benefit package averaged $39,654 for a total cost of $84,654. The Borough had been down a man since 2008 and had not replaced a second employee who left in February. If the Borough resumed the traditional method of brush disposal at least one man would have to be replaced.

The Administrator also noted that, while the cost of brush disposal from 1/1/14 to 6/30/14 had been $800.00, in the period 7/1/14 to 7/11/14 it had been $1,450.00.

Ms. Porter countered that the Administrator based his figures on a twenty-six week cycle. The Borough’s own web-site stated that brush was collected from May 1st to July 31st. She asked why the Borough did not conform to its own schedule.

The Mayor replied that there were often extraordinary circumstances and the Administrator added that often time’s residents continued to put out brush regardless and then it became a hazard, blocking traffic site-lines and narrowing lanes. Then it had to be removed.

Caitlin Morris, 517 Fisk Avenue, pointed out that brush was one thing, but some residents were placing whole trees at the curb. She didn’t think that was appropriate. Councilman Shaak agreed and residents were being informed that the size of piles had to be limited.

In response to additional inquiries the Council advised that, in the event of a hurricane or other natural disaster, brush would be collected on an emergency basis. Meantime, residents may take their brush to the Recycling Center where an area had been designated for that purpose. Councilman Shaak reiterated that brush collection would end on August 1st and be resumed at a later date to be determined.

Mr. Sal Petrosino, 501 Magnolia Avenue, voiced a concern that the mulch still on site was combustible. As a former Fire Chief, Councilman Shaak advised that the potential for such an event was minimal.

Ms. Terri Lapoint, 500 Fisk Avenue, asked what was going to happen at the site.

Mayor Nicol advised that the matter was still under review and the Borough had been contacted by NJDEP regarding the site.

Ms. Porter stated that the area residents wanted the site restored to the way it was prior to the PAGE 58

storage of the brush and the mulching operation. She cited the pristine condition of the site that was now a garbage dump and it had to be remediated. Brielle was a waterfront community and this site was an integral part of the eco-system and as such had to be maintained.

Mayor Nicol insisted that vegetative waste was not garbage. Ms. Porter said that the material i.e. brush had been dumped there and it was a violation of wetlands regulations. The Mayor said that the Borough was awaiting a letter from NJDEP and the intent was to bring the site into compliance. Ms. Lapoint asked if the residents could get a copy of the letter. Attorney Montenegro said it was subject to OPRA.

Mr. Petrosino stated that he was not interested in “compliance” he wanted to see the area restored and beautified as it should be. He felt that the Board of Recreation should be involved.

Mr. Thomas Deveney, 403 Brielle Avenue, informed that Council that he was with Boy Scout Troop #63 and the Scouts, who had already placed a kayak rake on the site and made other improvements, were willing to assist the Borough and the Board in Recreation in developing the site for waterfront recreation.

Ms. Hendricks noted that, since everyone seemed concern with the waterways, why wasn’t more attention being paid to the storm drains that were overly flowing with trash and debris. She urged greater use of the street sweeper.

Councilman Shaak reiterated that sweeper was being employed this week for that purpose, but the Borough had entered into a shared service agreement for the use of Sea Girt’s sweeper, so the work had to be scheduled, but all streets would be addressed.

There being no further comments the meeting was adjourned at 8:08 pm on a motion by Councilman Shaak, seconded by Councilman Garruzzo.

Approved: July 28th, 2014

Thomas F. Nolan
Municipal Clerk

Resolution No.:14-71-A
Date: July 14th, 2014

WHEREAS, the Governor's Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey.
Whereas, the Mayor and Council of the Borough of Brielle, County of Monmouth, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and,
WHEREAS, the Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,
WHEREAS, the Council has applied for funding to the Governor's Council on Alcoholism and Drug Abuse through the County of Monmouth, State of New Jersey hereby recognizes the following:
1. The Mayor and Council does hereby authorize submission of a strategic plan for the Shore Municipal Alliance grant for fiscal year in the amount of:
DEDR 49,072
Cash Match 12,268
In-Kind 36,804
2. The Mayor and Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.
APPROVED: ____________________________________
Thomas B. Nicol, Mayor
I, Thomas F. Nolan, Municipal Clerk of the Borough of Brielle, County of Monmouth, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Council on this 14th day of July, 2014 .
Thomas F. Nolan, Municipal Clerk

Resolution No: 14-71-B Date: July 14th, 2014

Resolution of the Borough of Brielle

Whereas: on June 23rd, 2014 Breast Intentions, Inc., 671 Green Ave. Belford, NJ 07718 submitted Raffle Application No. 2014-12 ID, No. 303-4-37962 for an Gift raffle, to be held on The River Queen, 800 Ashley Avenue Brielle, NJ 08730 on Monday, Aug. 2nd, 2014 at 11pm.

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 and Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on July 14th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 15th day of July 2014.

Thomas F. Nolan
Municipal Clerk

Resolution No.:14-71-C
Date: July 14th, 2014

Resolution Of The Borough Of Brielle

Whereas, an application has been filed for a Place-To-Place Transfer of Plenary Retail Consumption License #1308-33-011-009 issued to , Towne House, LLC T/A Rella’s for premises located at 110 Union Avenue, Brielle, New Jersey, and

Whereas, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current License term, and

Whereas, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as the pertinent local ordinances and conditions consistent with Title 33, and

Whereas, the Governing Body has no objection to this transfer and consents to the transfer taking effect as soon as the Division of Alcoholic Beverage Control concludes its review pursuant to N.J.S.A.33:1-20 AND N.J.A.C. 13:2-4.1.

Now Therefore Be It Resolved, that the Governing Body of the Borough of Brielle hereby approves the place to place transfer of License #1308-33-011-009 to include the basement area for premises located at 601 Union Avenue, Brielle, New Jersey.

Be It Further Resolved that the Borough recognizes that the correct spelling of the firm name is Towne House, LLC and not Town House as previously recorded.


The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on July 14th, 2014.

Witness my hand and seal of the Borough of Brielle this 15th day of July, 2014

Thomas F. Nolan
Municipal Clerk

Resolution No: 14-71-E
Date: July 14th, 2014


WHEREAS, N.J.S.A. 40A: 5-4 requires the governing both of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2013 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Borough of Brielle, Thomas F. Nolan as per the requirements of N.J. S. 40A: 5-6, and a copy has been received by each member of the governing body, and

WHEREAS, R. S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs, and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations; and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations” as evidenced by the group affidavit form of the governing body attached hereto: and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as Stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 -to wit:

R.S. 52:27BB-52 - A local officer or member of a local governing body who, after a date fixed for compliance, fills or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fine not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Brielle hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.


Thomas F. Nolan
Municipal Clerk


We, members of the Governing Body of the Borough of Brielle, in the County of Monmouth, being duly sworn according to law, upon our oath depose and say:

1. We are duly elected members of the Borough of Brielle of the Borough of Brielle in the
County of Monmouth;

2. in the performance of our duties, and pursuant to N.J.A.C. 5:30-6.5, we have familiarized ourselves with the contents of the Annual Municipal Audit filed with the Clerk pursuant to N.J.S.A. 40A:5-6 for the year 2013;

3. We certify that we have personally reviewed and are familiar with, as a minimum, the sections of the Annual Report of Audit entitled “Comments and Recommendations.”

(L.S.) (L.S.)
(L.S.) (L.S.)
(L.S.) (L.S.)
(L.S.) (L.S.)
(L.S.) (L.S.)


Sworn to and subscribed before me this
______day of ________

Notary Public of New Jersey

The Municipal Clerk (or Clerk of the Board of Chosen Freeholders as the case may be) shall set forth the reason for the absence of signature of any members of the governing body.

IMPORTANT: This certificate must be sent to the Bureau of Financial Regulation and Assistance, Division of Local Government Services, P.O. Box 803, Trenton, New Jersey 08625.