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A Community by the River

Borough of Brielle, NJ


July 27, 2015

September 07 2015

July 27, 2015

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MINUTES July 27th, 2015 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, GORHAM, NOLAN, SHAAK & VISCEGLIA, ATTORNEY SEBASTIAN FERRANTELL AND ADMINISTRATOR NOLAN

ABSENT: NONE

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.

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

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MINUTES July 27th, 2015 START: 7:33 P.M.

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, GORHAM, NOLAN, SHAAK & VISCEGLIA, ATTORNEY SEBASTIAN FERRANTELL AND ADMINISTRATOR NOLAN

ABSENT: NONE

Following the announcement on recording devices, a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the July 13th, 2015 meetings were approved on a motion by Councilman Garruzzo seconded by Councilman Visceglia; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-71 for Passage of the Consent Agenda. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye, No nays. Passed

Resolution:
A. (see insertion)
B. (see insertion)
C. (see insertion)
D. (see insertion)

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-72 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 27th, 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 reminded the public that the annual “Donut Dash” for ALS would be held Saturday. Supporters could donate by purchasing a dozen Krispy Cream Donuts or by running a mile and then consuming four donuts.

Councilman Nolan noted that the Board of Recreation’s bus trip to the Mets Game was sold out, and Flag Football sign-ups were continuing. Councilman Nolan cited the Library’s program “Nature Nick’s Animal Adventures on Tuesday August 11th, 11:00 am to 11:45 am, and he also reminded the public of the “iRead, iWin” Summer Reading Challenge.


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Councilman Garruzzo announced that the Public Safety Committee had convened to address the noise issue at Wayside 622. The Committee is still reviewing the Borough’s options with the Attorney in order to formulate a comprehensive strategy to address the issue.

In the interim, the Police shall continue to enforce all current ordinances regarding noise and traffic, and general nuisances.

Councilman Garruzzo also cited a letter from the Imgrund Family, thanking the Police for their efforts in finding Carol Imgrund who had gone missing last week.

Councilman Garruzzo advised the public of the “National Night Out Against Crime” sponsored by the Brielle Police and the Board of Recreation, from 5:00 pm to 8:00 pm on Tuesday, August 4th.

In closing, Councilman Garruzzo added that there were no noise complaints at the Wayside 622 over the weekend. On July 22nd, the Monmouth County Board of Health conducted sound level readings at 106 Ocean Avenue and 408 Leslie Avenue. There were no violations.

During the coming weeks, the Police will conduct traffic enforcement in the area of Green, Fisk & Ashley Avenues and Union Lane in response to complaints about texting and cell phone use by motorists.

Councilman Shaak was pleased to announce that a new EMT had been certified, Matt Zarelli, who had just completed the 180 hour course and passed the state exam. Three more volunteers were currently enrolled in the program and once they completed the course six new EMTs shall have been added to the roster of the Brielle First Aid Squad.

Gorham & Visceglia having no reports, the Chair opened the meeting to the public and recognized Janet Hendricks, 615 Leslie Avenue, who voiced her concerns over the condition of Union Lane and the apparent abandonment of the water main project by the contractor. She asked how and why it happened and what was being done?

Mayor Nicol explained that the contractor had defaulted and left the job, suddenly without notice. The Bonding Company had been notified and the Borough was now working through the legal process to ensure that the job was completed as expeditiously as possible.

Ms. Hendricks had concerns over how the bidder was selected and who supervised the job. The Administrator explained that Local Public Contracts Law required that the award of the bid be made to the lowest responsible bidder and the contractor O.T.S. had met that requirement. Day to day supervision was handled by PS&S, an engineering firm with expertise in this area of construction. They inspected some three times a day and, in addition, the Borough Engineer represented the Borough’s interest.

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Ms. Hendricks also asked why the Borough could not clean-up the site. Mayor Nicol explained that the Borough had been advised not to touch the site pending the Bonding Company’s intervention as anything that they did could become a subject for litigation.

Edward Burke, 409 Union Lane, echoed Ms. Hendricks concerns over the condition of the site and the fact that equipment and material had been left behind; he also criticized utility work on Brown Street and the fact that the Utility Companies continued to dig up municipal streets and fail to properly restore them.

Mayor Nicol noted that, in this case, the Utility Company was awaiting the completion of the water main project prior to addressing their trenches.

Mr. Burke also cited overgrown areas on Brielle Road that the Borough should be maintaining. Overgrown hedges were an impediment to traffic and a danger to pedestrians.

Margaret Herman, 208 Homestead Road, cited traffic and parking concerns and the adverse impact on quality of life issues.

Richard Holmquist, 504 Green Avenue, inquired as to why the Waypoint 622/Hoffman’s Marina, had not made an application before the Planning Board?

Mayor Nicol explained that an application for a parking lot had been submitted to the Board, but withdrawn.

Brian Finnegan, 704 Howell Drive, thanks Council for the response to his complaint over damage to his pool, but he asked about the scheduled demolition of the existing water tank and what steps were being taken regarding lead paint and PCB’s?

Mayor Nicol replied that it was being down in compliance with NJDEP standards.

John Farley, 620 Homestead Road, cited the Brielle Landing Condominium, Bogan’s Basin, numerous restaurants and the overall increase in traffic in the area; he suggested that the Borough provide permit parking for local residents who could not park in front of their own homes, or secure easy ingress/egress into their driveways.

Janine Leonhardt, 407 Leslie Avenue, cited the fact that motorists ignored the Stop Sign at the confluence of Union Lane/Green & Ashley Avenues; it was a dangerous intersection and she urged stricter police enforcement. She also offered that vehicles exiting Hoffman’s Marina had to pull three quarters of the way into the on-coming traffic in order to obtain visibility.

Charlotte Madison, 206 Homestead Road, cited seating violations at the Wayside 622 location, noting that they advertised a forty seat bar on the patio, in addition to excessive seating on the deck. They were also parking cars from the restaurant on the marina property and had removed a
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section of the fence that separated the property. She also added that there were no designated parking spaces at the marina. Ms. Madison believed that this was a violation of the Land Use Ordinance and provided a number of citations from Chapter 21 of the Municipal Code.

Ms. Madison also cited the condition of the vacant lot at 623 Green Avenue where a home had been demolished on September 26th, 2014. To date nothing had been done and the lot was overgrown.

Mr. Holmquist was again recognized and he urged the Borough to insist that the owner trim the brush at the marina driveway to facilitate visibility for exiting vehicles.

Ms. Leonhardt interjected that a fire lane had been had been removed at the Waypoint 622 and she asked about CAFRA Violations at their docks?

The Administrator advised that his office had received two notices of violations, but that the matter was being addressed by CAFRA.

Ms. Madison noted that the ponds outside the restaurant had been paved over and she believed that this was a prohibited use.

Thomas Stuhrmann, 106 Ocean Avenue, reiterated his prior complaints concerning noise and noted that, while there may not have been a clear violation of the decibel levels, the noise was clearly impacting the quality of life for area residents. While the prior establishment, the Union Landing, had music on the weekends; it was not a daily occurrence and now residents had no respite from the noise.

Margaret Herman voiced her asset to this assertion and noted that the noise was offensive.

Mr. Stuhrmann also asked what the occupancy level was on the deck and in the restaurant. He added that he had made an OPRA Request for the information and had yet to receive it.

The Administrator replied that he had spoken with the Fire Inspector Brett Nielsen who advised him that occupancy would have been established by the Construction Code Official, Albert Ratz, as a new C.O. was required for the revamped deck. Mr. Ratz said the occupancy under the canopy was 94, but that outside the canopy there was no occupancy limit.

Mr. Stuhrmann stated that he counted forty tables and chairs on the deck that equated to 290.

James Aloi, 108 Ocean Avenue, stated that the 2013 property tax at the Union Landing had been 2.8 million, but the Wayside had been reduced to 1.75 million. He asked why?



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The Administrator said there had been a revaluation. Mr. Aloi replied that that was not a satisfactory explanation as the property had been sold for 3.1 million. The Administrator stated that it was a question for the Tax Assessor.

Anthony Knapp, 16 Crescent Drive, stated that no inspections had apparently been made at the Waypoint 622 and that the number of tables and chairs, and therefore occupancy, had been substantially increased. He questioned the fact that no building permits had been issued, no health certificate was posted, there was no evidence of a Food License being issued, and there were no restrictions on the liquor license.

The Mayor replied that music was prohibited after 10:00 pm, but since, at the time of the liquor license transfer, there were no restrictions on the license, none would be consider until the license was renewed.

Mr. Stuhrmann, Ms. Herman & Mr. Holmquist all reiterated that the noise emanating from the bands seven days a week was unacceptable, a major intrusion into their lives, and it had never been permitted previously.

Councilman Garruzzo promised that the Police would continue to monitor the noise levels in conjunction with the County Board of Health and the Mayor offered that the NJDEP/CAFRA, along with the Borough, were investigating the allegation that changes were made at the site without prior approvals.

There being no further comments the meeting was adjourned at 8:40 pm on a motion by Councilman Shaak, seconded by Councilman Garruzzo.






Approved: August 10th, 2015

_____________________
Thomas F. Nolan
Municipal Clerk







Resolution 15-71-A
Date: July 27th, 2015


Resolution of the Borough of Brielle

Whereas, a recommendation for Final Performance Bond Release has been received for Brielle Shores Section 5C-2 North Tamarack Drive, Block 104, Lot 6.02, from the Borough Engineer, and

Whereas, all outstanding administrative and engineering fees have been paid, and

Whereas, the project has been substantially complete for over two years and a Maintenance Bond is no longer required.

Now Therefore Be It Resolved, that the above referenced Performance Bond is hereby released and the requirement to post a Maintenance Bond is hereby waived.


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 July 27th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 28th day of July 2015.


Thomas F. Nolan
Municipal Clerk



Resolution No: 15-71-B Date: July 27th, 02015



Resolution of the Borough of Brielle



Whereas: on July 16th, 2015 Pt. Pleasant Panther Athletic Booster Association, PO Box 651 Point Pleasant, NJ 08742 submitted Raffle Application No. 2015-8 ID, No. 401-5-29695 for an On-Site raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle NJ 08730 on Monday, Aug. 31st, 2015 at 5pm.

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 July 27th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 28th day of July 2015.


Thomas F. Nolan
Municipal Clerk



Resolution No: 15-71-C Date: July 27th, 2015



Resolution of the Borough of Brielle


Whereas: on July 17th, 2015 Woman’s Club of Brielle, 644 Union Lane., Brielle, NJ 08730 submitted Raffle Application No. 2015-9 ID, No. 57-8-15240 for an on-site 50/50 raffle, to be held at Curtis House, 644 Union Lane Brielle, NJ 08730 monthly Sept. 2015 December 2015 at 2pm.

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 Monday, July 27th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 28th day of August 2015.

______________________
Thomas Nolan
Municipal Clerk


Resolution No: 15-71-D Date: July 27th, 2015


Resolution of the Borough of Brielle



Whereas: on July 17th, 2015 Woman’s Club of Brielle, 644 Union Lane., Brielle, NJ 08730 submitted Raffle Application No. 2015-10 ID, No. 57-8-15240 for an on-site 50/50 raffle, to be held at Curtis House, 644 Union Lane Brielle, NJ 08730 monthly Jan. 2016 December 2016 at 2pm.

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 Monday, July 27th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 28th day of August 2015.

______________________
Thomas Nolan
Municipal Clerk

 

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