A Community by the River

Borough of Brielle, NJ

July 13, 2015

September 07 2015

July 13, 2015





Mayor Nicol announced that any member of the public wishing to audio or video record a Council Meeting must give notice to the Borough Clerk prior to the meeting being recorded.

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that he had nothing to report but asked to add a resolution to the consent agenda to cover the need for emergency repairs at Brielle Park. Council gave their authorization.

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


MINUTES July 13th, 2015 START: 7:33 P.M.



Following the announcement on recording devices, a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 22nd, 2015 meetings were approved on a motion by Councilman Gorham seconded by Councilman Shaak; all aye; no nays. Passed

Councilman Shaak seconded by Councilman Visceglia, introduced Resolution 15-69 for Passage of the Consent Agenda. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye, No nays. Passed

A. To accept a proposal for added assessment inspections submitted by Michael Delre at a cost not to exceed $1,500.00.
B. (see insertion)
C. To authorize the Mayor and Clerk to execute the Employee Assistance Contract for the period June 1st, 2015 through May 31st, 2016.
D. To declare an emergency relative to repairs to a sink hole at the Brielle Park Tennis Court, at a cost of $10,000.00

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-70 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 13th, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gianforte, Gorham, Nolan, Shaak and Visceglia: all aye. No nays. Passed

Mayor Nicol then called for Committee Reports and recognized Councilman Gianforte who advised that the annual Donut Dash for ALS would be held in Brielle Park on August 1st. Competitors will be required to run two laps around the park and consume four Krispy Crème Donuts.

Councilman Nolan cited the Library’s addition of the Battleship New Jersey Memorial to its museum pass program. The summer reading program and the “I read I win” programs are continuing throughout the summer. The Board of Recreation Mets vs. Padres bus trip is July 30th.

Councilman Garruzzo advised that the Police Department had participated in the rededication of the Highway #35 Bridge. The department assisted with both boat and automotive traffic control. The Marine Police Unit also assisted in the Offshore Salute the Veterans Motorboat Race at the request of the Coast Guard.

The Marine Unit has continued to be active in the enforcement of wash and wake restrictions and patrolling Nienstedt Island. Several summonses have been issued.

Councilman Garruzzo added that he would have information on the Night Out Against Crime, scheduled for August 4th, at the next meeting.

Councilman Shaak, Gorham & Visceglia having no reports, the meeting was opened to the public and the Chair recognized Thomas Stuhrmann, 106 Ocean Avenue, who reviewed his earlier concerns regarding noise from issues at Waypoint 622.

Mr. Stuhrmann’ s essential argument was that the current Borough Ordinance was effective as to noise after 10:00 pm, but it permitted a decibel level of 65dba prior to 10:00pm and that level did not take account of bass levels. The only way to accurately gage bass was to employ a dbc scale as provided for in the Model Ordinance produced by the State of New Jersey.

Mr. Stuhrmann recommended that the Council, in the absence of a certified noise control officer, consider an ordinance that prohibited “plainly audible” noise.

Councilman Visceglia, asked if Mr. Stuhrmann kept a log as to what bands were causing the problem? He replied that he was and that the worse nights had been July 5th,12th and June 25th.

Councilman Nolan asked if Mr. Stuhrmann had a noise meter and he replied that he did, but that it is not calibrated and could be used for reference only; he did note that the only time his meter exceeded the 65 dba level was on June 25th, but that ignored the bass and the vibration that was a continual annoyance.

Mayor Nicol advised that the Council was aware of the problem and the Borough Attorney was reviewing the existing ordinance.

Mr. Montenegro recommended that the Mayor appoint an “ad hoc” committee or designate a existing committee to review the ordinance, compared it to the state model, and make a recommendation to the Governing Body being mindful that any such ordinance required review by NJDEP.

The Attorney also noted that, in the event of the Council employing the “plainly audible” option, someone still had to make the complaint and testify to the violation. He believed that this could be accomplished via the existing “nuisance” ordinance and, given Mr. Stuhrmann’ s expertise in


this area he could provide testimony and introduce his meter readings in municipal court and let the magistrate determine if a penalty was in order.

Catherine Burkhardt, Leslie Avenue, supported Mr. Stuhrmann’ s position, and urged Council to address the situation as did James Aloi, 108 Ocean Avenue, also supported his neighbor Mr. Stuhrmann’ s contentions. Mr. Aloi also wished to thank Engineer Hilla and Councilman Nolan for their advice regarding a drainage problem at his location.

Janine Leonhardt, 407 Leslie Avenue, added her voice to those who felt that the noise level was unreasonable and impeded the residents’ ability to enjoy their property.

Brian Finnegan, Howell Drive, advised Council of his on-going concerns over damage to his property, swimming pool, deck, grounds, caused by the construction of a water storage tank at the Brielle Public Works Yard.

He understood that the work was continuing and the tank was to be sandblasted and painted; he was concerned over future adverse impacts to his property and the quality of life at his residence. He had voiced concerns over health and safety impacts and while he had a response to his property damage complaint, he had yet to receive any information on what precautions were to be taken during the next phase.

Mr. Finnegan was also concerned over the plan to defer repairs until the job was completed as it could be delayed by weather, and the target completion date, late September, was beyond the normal time for a pool closing.

Mr. Montenegro advised that his concerns would be made known to the contractor through Frank Weisensee and, if there were delays, the contractor could be required to place money for the remedial work in escrow, or the Borough could withhold money from the final payment, but the Borough would work with Mr. Finnegan to resolve the matter.

Mr. Aloi was recognized and suggested that OSHA be asked to inspect the project site.

There being no further comments, the meeting was adjourned at 8:05 pm, on a motion by Councilman Gianforte, seconded by Councilman Shaak.

Approved: July 27th, 2015

Thomas F. Nolan
Municipal Clerk
Resolution No.:15-69-B
Date: July 13th, 2015

Whereas, there exists a Tax Title Lien on property located 654 Harris Avenue, owned by King and known as Block 14.01 Lot 1, and

Whereas, this lien has been redeemed by
Norene Boone

Now, therefore, be it resolved that a check be drawn made payable to

Tower Cust. For Ebury Fund NJ LLC for redemption of this lien

1) Lien Redemption $15,261.61
2) Premium


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on July 13th, 2015.

Witness my hand and seal of the Borough of Brielle this 14th day of July 2015.

Thomas F. Nolan
Municipal Clerk