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A Community by the River

Borough of Brielle, NJ


August 10, 2015

September 07 2015

August 10, 2015

August 10th, 2015
MINUTES
August 10th, 2015
WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, GORHAM, SHAAK & VISCEGLIA, ATTORNEY MONTENEGRO AND ADMINISTRATOR NOLAN THE BOROUGH ENGINEER WAS ALSO PRESENT DURING THE LAND USE DISCUSSION.

ABSENT: COUNCILMAN NOLAN

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 then convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that he had been working with the Borough Professionals to formulate a report on the alleged land use violations at the Waypoint 622 site, but first he needed permission to add a resolution to the consent agenda to authorize a transfer of the responsibility to complete the water main installation job to the bonding company. Council gave their approval.

The Administrator then advised that, based on a review by the Zoning Officer, Borough Engineer and Code Enforcement, along with the Borough Attorney, the following violations were uncovered, to wit:

(Notice of Violation inserted).

The Administrator explained that if the violations were not abated within the ten day period, the Code Enforcement Officer would issue summonses for each of the seven violations. The owner would then have to appear in Municipal Court where the matter would be adjudicated.

There being no questions, from Council the work session was open to the public and Dan Dougherty, 622 Borrie Avenue, raised a number of land use issues as to the number of seats required when a restaurant had dockage; he put that number at four per slip, he asked how that impacted on occupancy and the actual occupancy level for the restaurant that was a “conditional use” and therefore subject to a “D” variance. He also asked if the Borough was aware of a letter dated July 27th, that cited a CAFRA violation?

Engineer Hilla responded that the Borough was attempting to address the occupancy issue through the parking calculation that was tied to square footage. The Borough was aware of the letter and the fact that the restaurant use.

Margaret Herman, 208 Homestead Road, and Thomas Stuhrmann, both asked about the specific violations such as the intrusion into the fire zone. How would they be addressed? Attorney replied that the remedy was Planning Board approval.

Richard Holmquist, 504 Green Avenue, turned to noise and stated that he recognized the difficulty of crafting an ordinance that would be applicable throughout the Borough and now appear to target a specific individual, but he offered that the Council could address the matter, by a general limitation on exterior entertainment.

The Union Landing and other area business had historically had outside music, but it had been confined to the weekend. However unpleasant that could be, it was limited. By allowing the Waypoint 622 to have entertainment and exterior music from Thursday on set a precedent for others to emulate and could ultimately lead to loud exterior music every day of the week and cause havoc with the area’s quality of life.

Charlotte Madison, 206 Homestead Road, thanked Council for addressing the overgrown lot at 623 Green Avenue. Ms. Madison then cited extensively from Planning Board Minutes from a 2010-2011 series of hearings on an application by the Sand Bar to add exterior tables and chairs for service on their deck. The thrust of her statement was that Mayor Nicol and other Board Members had, at that time, voted against the expansion. Why was the Waypoint being treated differently?

Mayor Nicol explained that the objective was to bring the Waypoint 622 before the Planning Board where these matters could be properly vented in the appropriate forum. As of now, the former Union Landing had been a grandfathered prior non-forming use. Unlike the Sand Bar, there was no site plan, nothing to use as a bench mark to determine what was there and what was being added. A Planning Board Application requires a detailed site plan and from that point on, the Borough will have a record of what was proposed, what was approved, and if, going forward, anything is added without proper approvals.

Richard Holmquist reiterated his concern over the noise issue and asked why no restrictions had been placed on the liquor license?

Attorney Montenegro responded that the Police had employed an officer from the Monmouth County Health Department who was certified to operate a decibel meter. No violations were found. However, both the Council could place a time restriction on the license and the Planning Board could make the hours of operation on the deck a condition of the approval.

Responding to Mr. Montenegro’s statement that no violations of the noise ordinance were in evidence, Margaret Herman, 208 Homestead Road asked the Council if they ever heard the drums.

Thomas Stuhrmann, 106 Ocean Avenue, reiterated the point he’d made at previous meetings that decibel levels were not the optimum means of determining noise levels.

He also noted that the approach of restrictions on the liquor license was all well and good, but that could not take place until next year at the time of renewal. What about now?

Attorney Montenegro advised that Mr. Stuhrmann could file a nuisance complaint in municipal court. Mr. Stuhrmann responded that course of action would require a resident to appear in court.

The Attorney explained that a police officer responding to a nuisance call might not deem it to be a nuisance as he would not have experienced the noise for more than a brief period, whereas, someone who was exposed to it for an extended period would better be able to testify.

Mr. Stuhrmann asked the Governing Body to come to his home and experience the problem at first hand. Mayor Nicol noted that he visited the area frequently at various times over the past few weeks and he did not find the music to be excessively loud.

Mr. Stuhrmann said the noise level depended on what band was playing.

Laurie Cummins, 404 Union Lane, asked if the trees removed at 623 Green Avenue, would have to be restored.

Mr. Hilla replied that while tree replacement could be a condition on a site plan, it was not applicable to residential property.

Charlotte Madison asked if the service bar on the patio was legal. The Administrator advised that any service on the patio was prohibited that would include the bar, tables and chairs.

James Aloi, 108 Ocean Avenue, said that the statements some members of Council had visited the area was hearsay. Was it documented?

Councilman Shaak retorted that he had been there for an extended period of time and Mr. Aloi knew it because he had seen Councilman Shaak’s car in Mr. Stuhrmann’ s driveway, so it was “documented”.

Edward Burke, 409 Union Lane, noted that the Borough had incurred some $41,000 in section fees for the water main installation project. Given that fact, why was the road in such terrible condition?

Janet Hendricks, 615 Leslie Avenue, stated that she been told by the Borough that the contractor had gone “belly-up” and that the Borough could not touch the site as it would jeopardize their position with the bonding company. Yet two local contractors had told her that the Borough could declare an emergency due to public safety and address the roadway.

Ms. Hendricks said the Borough had an obligation to act, and stated that she contact the EPA when the debris flowed into the river during the rain storms predicted for tomorrow. She also presented four pictures of the road conditions to Council and added that she had reviewed the daily inspection reports for the job and the last one, dated July 27th, had stated that the contractor needed to address the road conditions.

Attorney Montenegro replied that the Borough had to adhere to notice provisions as to the contractor’s failure to perform and the Bonding Company responding to the need to provide a new contractor to complete the job on schedule. The time period ended Friday and today the Bond Company’s agent presented three quotes to AEGIS Insurance for their consideration and selection. The Borough anticipated knowing who the contractor was by Tuesday or Wednesday at the latest. A priority list had already been formulated and work would begin as soon as possible.

Margaret Herman cited a deep hole at the corner of Homestead Road that was a danger to children who rode their bikes in the area.

Joseph Natoli, 2 Crescent Drive, who had extensive experience working with Bond Companies cautioned the Borough to be mindful that they would make every effort to avoid payments as the contractor would always have an excuse for delays and most often these maters ended in protracted litigation.

Mr. Montenegro stated that so far the Bonding Company had been responsive.

Janet Hendricks asked about “abandoned” equipment left on the street by the contractor. Mayor Nicol advised that it was “leased” and was in the process of being repossessed.

Councilman Visceglia asked the Attorney what would happen if the Bonding Company failed to act, could not the Borough take action to remediate this problem.

The Attorney said that ultimately they would, but to avoid violating the terms of the bonding contract, the Borough wished to comply with the statutory schedule.

Patrick Petrone, 628 Union Lane, asked what rating the Bond Company had. The Administrator responded Triple A.

When asked why the Borough entered into a contractor with someone who went bankrupt, the Attorney replied that all the paper work was in order and they were the lowest responsible bidder.

Chuck Rose, 310 Fisk Avenue, advised the Council of the danger presented by the road conditions to bicyclists; he had almost been hit by a car trying to avoid a pothole, and had almost been hit in the eye by a stone; he asked the Council to commit to a declaration no later than Monday next.

The Attorney explained that the engineer of record PS&S would have to make that determination and be prepared to so testify in court in the event of litigation.

Mr. Petrone and Ms. Hendricks both asked what role the Borough Engineer played in this matter and they were advised that he functioned in an advisory capacity, but PS&S was the Engineer of Record.

The discussion shifted to tax assessments and the Administrator explained that, as he previously stated, the reduced assessment for the Union Lane resulted from the Revaluation.

Other properties in the area, such as JP’s River House and the Shipwreck Inn, had received a deduction as the result of Hurricane Sandy, and then again having filed tax appeals. The Union Landing received a Sandy deduction, but did not follow through on their tax appeal; it was dismissed.

When the revaluation occurred, the property was brought into conformance with current property values, hence the reduction. This took place in October 2014. The Union Landing was sold and became the Waypoint in January 2015 therefore sales price was not a factor in determining the assessment.

Attorney Montenegro added that the Tax Assessor had considered Sandy damage in 2012, but as stated the 2013 tax appeal was dismissed for lack of documentation. When Realty Data performed the revaluation, the assessed value decreased from 2.8 million to 1.7 million. He reiterated that sale price was not considered as the event had not taken place yet. However, since the Borough was a participant in the Monmouth County Pilot Assessment Program, property would be subject to review on an annual basis and values adjusted accordingly.

Mr. Stuhrmann interjected that the program only did 20% of property each year over five years. Mr. Montenegro acknowledged that he was correct, but that the Tax Assessor was aware of the sale price and could make an adjustment in October 2015.

Charlotte Madison asked how the people would know it had been reassessed. Would they be notified? The Attorney advised that was not the procedure. The Tax Assessments on any property were subject to an OPRA Request and the information is also available on the Monmouth County Tax Board web-site.

At the request of Edward Burke, the Attorney reviewed the tax appeal process and the need to provide for comparable values.

Mr. Dougherty asked if the Zoning Officer had considered the “D” variance issue in issuing the zoning permit. The Attorney said that he would check.

Randolph Tashman, 607 Woodland Avenue, asked Council about a notice he received from the zoning officer regarding selling used vehicles from his home; he stated that he was a dealer and had two vehicles with dealer plates parked on his property. They were used by him and his wife and he was not selling vehicles from his home, but rather at his place of business.

Code Enforcement Officer, James Langenberger, advised Council that he was the enforcing agent

in this matter and there had been four vehicles parked on or adjacent to the property and he had been informed that sales were taking place.

Mr. Tashman insisted that the cars were registered vehicles with valid license plates and were not for sale at his residence. Council advised if he was not selling vehicles he was not in violation, but if he did sell cars from his home he would be.

There being no further comment, work session was adjourned at 8:48 p.m. on a motion by Councilman Shaak seconded by Councilman Gianforte.


August 7, 2015
Hoffman's :Marina West, LLC 608 Green Avenue Brielle, NJ 08730
Attn: Lawrence Grafas
Re: Notice of Violations
Waypoint 622
622 Green Avenue
Block 52, Lots 1 Zone: C-2

Dear Mr. Grafas:

The above referenced site pre-dates the Borough's Land Use (Chapter 20) and Zoning (Chapter 21) ordinances. In accordance with Section 21-9.3, this site, as it existed at the time of the adoption of these chapters, was legally pre-existing, non-conforming multi-use facility. The Borough's records indicate the site was developed with:
1. A 2 1/2 -story structure utilized as retail and/or custom service establishment:
2. A single story structure utilized for storage;
3. A 2 1/2-story structure utilizes as a restaurant, including an outdoor covered patio area and uncovered patio area;
4. A marina servicing approximately 25 vessels;
Recently, additional zoning permits have been issued authorizing the following:
1. Replacement of the concrete patios and timber decks at the above referenced location with a timber deck at a uniform elevation. The request included a Coastal Jurisdiction Determination Revision Letter of No Interest from the NJDEP dated December 2, 2014, as well as a plan entitled, "Union Landing. Proposed Deck & Canopy, Lot 1, Block 52". [Authorized 01-12-2015]. Expansion of new deck into areas where there was not historically deck/patio was specifically excluded, as it would require site plan approval form the Planning Board; and,

2. Replacement of the existing three-season room created with decking and awnings/canopy structures at the above referenced location with a new canopy measuring 62-feet in width and extending 25-feet from the structure. The request included a Coastal Jurisdiction Determination Revision Letter of No Interest from the NJDEP dated December 2, 2014, as well as a plan entitled, "Union Landing, Proposed Deck & Canopy, Lot 1, Block 52", dated 1/13/2015, as prepared by D.W. Smith Associates, LLC. [Authorized 04-06-2015]
As a result of multiple inquiries for area residents, a series of site inspections has identified the following inconsistencies from the authorized site improvements:

a. Approximately 1,500 square-feet of the restaurant's side yard area adjacent to Union Lane, historically utilized as a passive seating area and landscape feature (pond) has been converted into an active restaurant service area. This expansion of utility requires authorization of the Borough Planning Board.
b. The rear stairs servicing the deck extend beyond the previously existing footprint of the deck/patio, and possible into the Borough's fire lane. This expansion of utility requires authorization of the Borough Planning Board.
c. The deck that was constructed extends beyond that which was permitted on the 01-16-15 Zoning Approval. This expansion of utility requires authorization of the Borough Planning Board.
d. Portions of a fence delineating the common property line with adjacent Block 52, Lots 2-8.01 was removed to promote common parking areas. This expansion of utility requires authorization of the Borough Planning Board.
These improvements constitute violations of the Land Use (Chapter 20) and Zoning (Chapter 21) ordinances. Additionally, ancillary violations have been identified as follows:
e. Section 21-9.5, Sharing of Yard, Open Space or Parking Areas Prohibited.
Portions of a fence delineating the common property line with adjacent Block 52, Lots 2-8.01 was removed to promote common parking areas. This is expressly prohibited under Section 21-9.5. Relief for this non-conformity must be sought through the Borough Planning Board and the Traffic Safety Division of the Borough Police Department.
f. In accordance with Section 21-36.1, a minimum of 5-feet of landscaping is required along property lines, whereas the vegetative buffer along Union Lane was removed. This area must be revegetated in accordance with the requirements of the zoning ordinance and a landscape plan must be provided subject to the review and approval of the Borough Planning Board.
g. Section 21-32.2, Off Street Parking Requirements for Non-Residential Uses.
Site modifications have resulted in a change in the parking demand for the site.
Based upon the authorized site plan, parking demand was 133 spaces calculated as follows:
+ 3,456 square feet retail and/or custom service @ 1 space per 200 sq. ft.
· 9,071 square feet, restaurant, @ 1 space per 100 sq. ft.
· 25 boat slips @ 1 per boat slip.

The additional 1,500 square feet of restaurant service area will add an additional demand of 15 spaces for a total parking demand of 148 spaces. Approximately 40 parking spaces are provided. Relief for this deficiency must be sought through application to the Borough Planning Board.
In accordance with Section 21-69 VIOLATIONS, any owner or agent, and any person or corporation, who shall violate any of the provisions of this Chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild, or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises and who shall fail to abate such violation or refusal within ten (10) days after written notice has been served upon him, either by mail, or by personal service, shall, upon conviction, be liable to the maximum penalty upon conviction of the violation shall be one or more of the following:
o a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars for each and every offense or imprisonment in the County Jail for not more than ninety (90) days, or
o to a period of community service not exceeding ninety (90) days, at the discretion of the Municipal Court Judge.
You have the right to seek relief from these violations through legalization by means of Site Plan Approval from the Borough Planning Board. A completed planning board application must be submitted within the ten-day window as identified above.
Should you have any questions, comments or require any additional information, please feel free to contact me. I can be reached at 732.598.9344 or by email at elissa1230@msn.com.
Elissa C. Commins Zoning Officer

cc: C. Keith Henderson, Esq., Applicant's Attorney



MINUTES August 10th, 2015 START: 8:53 P.M.

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

ABSENT: COUNCILMAN NOLAN

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 27th, 2015 meetings were approved on a motion by Councilman Shaak seconded by Councilman Gorham; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Shaak, introduced Resolution 15-73 for Passage of the Consent Agenda.

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

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-74 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 August 10th, 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, Shaak and Visceglia: all aye. No nays. Passed

Mayor Nicol then called for Committee Reports and recognized Councilman Gianforte, who offered that his report had been addressed during the work session, but he added his thanks to the people of Brielle for their support during the “Donut Dash” where some 1320 donuts were sold.

Councilman Garruzzo announced that the Public Safety Committee was still addressing the noise issue at Waypoint 622. On August 7th, decibel readings were again taken, no violations were noted. Noise complaints were received over the weekend and were unfounded.

A traffic enforcement initiative was in effect for Green Avenue over the past two weekends. There were seven motor vehicle stops and seven parking violations for a total of fourteen summonses. The road has high usage due to the number of restaurants in the area and it is a corridor to Manasquan. A research of motor vehicle accidents on Green Avenue from January 1st, 2012 to the present revealed five accidents. Year to date there has been one.

The Police Department is recommending that the existing no parking zone be extended down Green Avenue on the east side to one spot passed the crosswalk.

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, was a great success. Light up necklaces and glow in the dark bracelets for children were distributed along with bicycle safety brochures. A gift certificate to the Brielle Bike Shop, donated jointly by the Department and Board of Recreation, was won by Jonathon Jones of Park Avenue.

Councilman Shaak noted that the water tank project was on schedule and he was amazed by the “tarp” that was raised and lowered as the workers painted the tank. He added that the DPW would be addressing the potholes on Union Lane and Green Avenue at earliest opportunity.

There being no further comments the meeting was adjourned at 9:02 pm on a motion by Councilman Gianforte, seconded by Councilman Garruzzo.




Approved: August 24th, 2015

_____________________
Thomas F. Nolan
Municipal Clerk



Resolution 15-73-A
Date: August 10th, 2015



Resolution of the Borough of Brielle

Be it Resolved, that the Borough Administrator, Thomas F. Nolan, is hereby authorized, by the Governing Body of the Borough of Brielle, to execute a Change Order for the Union Lane Water Main Replacement Project, designated as Change Order No. 2, in the amount of $ l7, 203.00.


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 August 10th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 11th day of August 2015.


Thomas F. Nolan
Municipal Clerk





Resolution No: 15-73-B
Date: August 10th, 2015



Resolution of the Borough of Brielle


Be it Resolved, that the Borough Administrator, Thomas F. Nolan, is hereby authorized, by the Governing Body of the Borough of Brielle, to execute a Change Order for the Union Lane Water Main Replacement Project, designated as Change Order No. 3, in the amount of $36,900.00



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 August 10th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 11th day of August 2015.


Thomas F. Nolan
Municipal Clerk



Resolution No: 15-73-C
Date: August 10th, 2015



A resolution authorizing the Borough of Brielle to enter into a cooperative pricing agreement


WHEREAS, N.J.S.A. 40:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and
WHEREAS, the Middlesex Regional Educational Services Commission, hereinafter referred to as the "Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services;
WHEREAS, on August 10th, 2015 the governing body of the Borough of Brielle County of Monmouth , State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services;
NOW, THEREFORE BE IT RESOLVED as follows:

TITLE
This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Brielle
AUTHORITY
Pursuant to the provisions of IVJ.S.,4. 40.4:11-11(5), the Mayor Thomas B. Nicol is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.

CONTRACTING UNIT
The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40 4:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.
EFFECTIVE DATE
This resolution shall take effect immediately upon passage.

CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on August 10th, 2015.

Witness my hand and seal of the Borough of Brielle this 11th day of August, 2015.


BY: ___________________
Thomas B. Nicol
Mayor

ATTEST BY: __________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 15-73-D Date: August 10th, 2015



Resolution of the Borough of Brielle

Be It Resolved: that the Mayor & Administrator are hereby authorized to execute a Transition Agreement or other negotiated agreement between the Borough of Brielle and Aegis Security Insurance Company, holder of Bond #¬B10024445, for the provision of a qualified Contractor to complete the Union Lane Water Main Replacement Project, subject to the ultimate review of the Borough Attorney and Borough Engineer(s).


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, August 10th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 11th day of August 2015.


Thomas Nolan
Municipal Clerk

 

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