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A Community by the River

Borough of Brielle, NJ


August 24, 2015

September 15 2015

August 24th, 2015

MINUTES August 24th, 2015 WORK SESSION START: 7:30 PM

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

ABSENT: COUNCILMAN GARRUZZO

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 opened the Work Session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that summonses for each of seven violations cited at the last meeting had been issued to Waypoint 622. The municipal court date was September 1st, 2015.

The Administrator then advised Council that the Bond Company had selected a contractor to complete the water main installation and they were mobilizing on the job site as of today. The trenches on Union Lane would be addressed on Tuesday. Every effort was being made to complete the work in front of the Elementary School prior to the commencement of the school year.

Finally, the Administrator asked, since the next meeting was September 14th, if he could add a resolution to the consent agenda for a refund for an overpayment of taxes. Council gave authorization. He also asked Council to declare September as National Sickle Cell Awareness Month and National Childhood Cancer Month. (Proclamations issued and inserted).


NATIONAL CHILDHOOD CANCER AWARENESS MONTH SEPTEMBER 2015

WHEREAS, 46 children in the United States will be diagnosed with cancer each day:
WHEREAS, 1 out of 5 children diagnosed with cancer will not survive the disease: and,
WHEREAS, the types of cancers that affect children are most often very different from those that affect adults; and,
WHEREAS, childhood cancer is not just one disease but is made up of a dozen types and countless subtypes of cancer: and,
WHEREAS, childhood cancer spares no socioeconomic, ethnic, racial or geographic class: and,
WHEREAS, pediatric cancer is the leading cause of death by disease in US children under 19 years of age; and,
WHEREAS, the causes of most pediatric cancers are largely unknown and not strongly linked to lifestyle, unlike adult cancers; and.
WHEREAS, two-thirds of childhood cancer patients will develop long-lasting chronic conditions as a result from treatment that prevent them from fully participating in school, social activities and work, and.
WHEREAS, childhood cancer rates have been rising for the past few decades, and approximately 15,780 children were diagnosed in 2014, and the incidence of invasive pediatric cancer is up to 29% in the past 20 years; and,
WHEREAS, cancer kills more children than AIDS, Asthma, cystic fibrosis, diabetes, and muscular dystrophy combined: and.
WHEREAS, in the last 25 years. only two drugs have been specifically developed for children's cancer and in the last 20 years the FDA initially approved only one drug for any childhood cancer; and,
WHEREAS, less than 5 percent of the federal government's total funding for cancer research is dedicated to childhood cancers. and only about 3 percent of funds raised for the National Cancer Institute go directly to pediatric cancer research: and,
WHEREAS, the funding for pediatric cancer research has gone down steadily since 2003: and.
WHEREAS, despite the facts. Childhood cancer research is vastly and consistently underfunded: and.
WHEREAS, despite the major advances in treatment. it is still critically important to conduct research and increase awareness regarding pediatric cancer.
NOW, THEREFORE, I, Thomas B. Nicol. Mayor of the Borough of Brielle do hereby proclaim September2015 CHILDHOOD CANCER AWARENESS MONTH in in order to help raise awareness of pediatric cancer and its victims.

NATIONAL SICKLE CELL AWARENESS MONTH SEPTEMBER 2015
WHEREAS, Sickle Cell Disease is the most common genetic disorder in the United States: and.
WHEREAS, an estimated 100,000 people live with Sickle Cell Disease in the United States. Up to 80% are African-American but many different races are affected. Millions are affected globally; and,
WHEREAS, Sickle Cell Disease occurs among about I out of every 500 African American births; and,
WHEREAS, Sickle Cell Disease is a group of inherited red blood cell disorders that is present at birth. To have the disease, both sets of parents must pass down sickle cell genes. There is a 25% chance if both parents carry the Sickle Cell Trait. People who have SCT inherit one sickle cell gene from one parent and one normal gene from the other parent. People with SCT usually do not have any signs of the disease and live a normal life, but they can pass the trait on to their children; and,
WHEREAS, Sickle Cell Trait occurs among about 1 in 12 African-Americans; and,
WHEREAS, Sickle Cell Disease is diagnosed with a simple blood test. It most often is found at birth during routine newborn screening tests at the hospital. Because children with SCD are at an increased risk of infection and other health problems, early diagnosis and treatment are important; and,
WHEREAS, Sickle Cell Disease is chronic but treatable although there is no single best treatment for all people with SCD. Treatment options are different for each person depending on the symptoms which can range from mild to severe; and,
WHEREAS, there is no universal cure for Sickle Cell Disease and the average life expectancy is now in the mid-forties years of age; and,
NOW, THEREFORE, I, Thomas B. Nicol, Mayor of the Borough of Brielle do hereby proclaim September 2015 SICKLE CELL AWARENESS MONTH in order to help raise awareness of Sickle Cell Disease and its victims.

The Mayor opened the meeting for public comment and recognized Richard Holmquist, 504 Green Avenue, who asked if the Council had considered his recommendation on addressing the noise issue by a standard ordinance restriction applicable to all business that had outdoor entertainment?

The Administrator advised that the Public Safety Committee was currently reviewing ordinances from other local communities and were entertaining that concept. They should have a report by the next meeting.

Margaret Herman, 208 Homestead Road, informed the Council that she took exception to the comments made by Larry Grafas, proprietor of Wayside 622, concerning the residents who had voiced concerns over his operation. He referred to them as a “minority”, Ms. Herman declared that they were more than a minority and they were concerned over the adverse impacts his business was having on their community

Robert Duerr, 614 Cedarcrest Drive, stated that the property(s) Hoffman’s Marina and the Waypoint 622 had been overdeveloped. The development took place without Planning Board approvals and he asked if an “Impact Study” had been conducted?

Larry Grafas, Waypoint 622, stated that the impact of his improvements had been positive as he had invested his time and money in improving a derelict site. He acknowledged the notice of violation, but did not think that some of them were valid. He pointed out that; by sharing the Hoffman Marina parking with the restaurant he had removed cars from the street.

Mr. Grafas felt that he was being treated unfairly and cited a comment by Ms. Charlotte Madison at the prior meeting that he had a fuel tank on the marina property; it was a water tank, it was empty and it had been there long before he acquired the property.

Ms. Madison was recognized and stated that she was not opposed to improvements, but they had to be done in compliance with the land use regulations and ordinances of the Borough. Everyone had to “follow the rules”, regardless of any potential benefit.

Patricia Tecza, 614 Brielle Avenue, advised that the Union Landing had been a bar/restaurant, it caused traffic, there was music and crowds, but it was accepted as part of life at the Jersey Shore during the summer season, but they had followed the rules.

This problem could be solved if everyone worked together, but Mr. Grafas, who she felt assumed a “self-righteous” tone, had never sought to involve the residents in his plans, he never reached out to them in an effort to recognize their potential concerns. All this could have been avoided if a concept plan had been put forward. Ms. Tecza added that she had never attended a meeting, but this issue seemed to demand public participation.

Richard Holmquist responded to Mr. Grafas’ statement in the Coast Star that the residents were an “organized minority”; he disputed that statement and stated that he came because he was concerned about his quality of life being adversely impacted.

Raymond Ries, 107 Lake Avenue, thought that Mr. Grafas had improved the area and asked the residents to recall the condition of Hoffman’s Marina prior to his purchase of the property. He offered that the marina had been once again become viable and it was an excellent place for locals to dock their boats.

Mr. Duerr reminded the Council that State was investigating violations at the location and at this point the tone of the discussion became somewhat intense. The salient point has enunciated by Ms. Madison, Mr. Holmquist, and Ms. Herman being that improvements were made at the Wayside site without Planning Board approval and nothing was done.

Mayor Nicol explained that the Borough had become aware of violations of land use regulations, the owner had been cited and, as stated earlier, he had a court date of September 1st.

Laurie Cummins, 404 Union Lane,, asked if something could be done about the “ugly orange” plastic fences around the piles of fill at the Union Lane construction site? Ms. Cummins also inquired about the sale of luxury cars last year on the corner of Ashley Avenue & Union Lane.

The Mayor advised that it was not a sale, but the vehicles had been displayed as part of a charity event and the Borough had given permission.

Anthony Knapp, 16 Crescent Drive, asked if he was correct to assume that the urpose of the violations was to bring the owner of Waypoint 622 into municipal court, and then direct him to the Planning Board, where the land-use violations could be properly dealt with?

Attorney Montenegro, replied that he was correct.

Mr. Knapp asked how the matter was permitted to get this far. How were building permits issued, how was the pond covered over and seating laced where it had never been permitted. He also introduced a new issue regarding additional parking being required for structures with a flat roof.

Mayor Nicol replied that these violations would be addressed in court following due process of law.

Mr. Knapp acknowledged his respect for due process, but reminded the Governing Body that the residents relied on them to protect their interests and do the right thing.

Charlotte Madison noted that while the court date was September 1st, the owner was still using the illegal deck.

Attorney Montenegro explained that the court set the date and the municipal court was independent of the Mayor and Council.

The Mayor asked if anyone had a comment on the Union Lane Water Main project and Janet Hendricks, 615 Leslie Avenue, asked why it took so long.

Mayor Nicol explained that the notice provisions of the contract set a defined time period for a determination to be made that the contractor had abandoned the job. Then notification had to be given to the Bond Company who had ten days to respond. They then had to select a new contractor to complete the work and a transition agreement had to be prepared and sign by all parties.

Prior to the adjournment, Ms. Herman asked what time court began and if it was at Borough Hall?

The Mayor responded that court began at 9:00am and was held in Manasquan as per an inter-local agreement between Manasquan & Brielle.

The work session was adjourned at 8:05pm on a motion by Councilman Shaak, seconded by Councilman Gorham.



MINUTES August 24th, 2015 START: 8:06 P.M.

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

ABSENT: COUNCILMAN GARRUZZO

Following the announcement on recording devices, a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the August 10th, 2015 meetings were approved on a motion by Councilman Shaak seconded by Councilman Gorham; all aye; no nays. Passed (Note: Councilman Nolan abstained)

Councilman Nolan seconded by Councilman Shaak, introduced Resolution 15-75 for Passage of the Consent Agenda.

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

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-76 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 24th, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Gianforte, Gorham, Nolan, Shaak and Visceglia: all aye. No nays. Passed

Mayor Nicol then called for Committee Reports and recognized Councilman Gianforte having no report, Councilman Nolan cited the Library’s new Fall Children’s Story Time hours available on their web site, the Board of Recreation’s Flag Football program and the Brielle Day Dash on September 11th at Brielle Park.

Councilman Shaak, noted that the DPW had repaired the trenches left by the defunct contractor on Union Lane to the best of their ability and made them safe pending the resumption of the job. He also noted that the Water Tower project was on schedule and should be completed before the end of September. He also advised the DPW would be hard at work in the coming weeks getting Brielle Park ready for Brielle Day. Councilman Shaak added that the DPW would also ensure that, come the morning after, no one would know that a major outdoor event had taken place.

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.

Councilmen Gorham & Visceglia having no reports, and there being no public comment, the meeting was adjourned at 8:15 pm on a motion by Councilman Gianforte, seconded by Councilman Gorham.





Approved: September 14th, 2015

_____________________
Thomas F. Nolan
Municipal Clerk























Resolution No: 15-75-A Date: August 24th, 2015


Resolution of the Borough of Brielle



Whereas: on August 11, 2015 Brielle Public Library, 610 South Street, Brielle, NJ 08730 submitted Raffle Application No. 2015-11 ID, No. 1-5-39452 for an on-site 50/50 Raffle, to be held at Brielle Public Library, 610 South Street Brielle, NJ 08730 on October 8th, 2015 from 5pm-9pm.

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 August 24th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 25th day of August 2015.

______________________
Thomas Nolan
Municipal Clerk










Resolution No.: 15-75-B
Date: August 14th, 2015


Resolution of the Borough of Brielle

Whereas, the Borough of Brielle advertised for bids for the provision of gasoline and the provision of diesel fuel on July 30th, 2015, and

Whereas, the lowest responsible bidder on both commodities was Taylor Oil, at a price per gallon, for both diesel fuel and gasoline, of .2700 as the adder over the posted New Jersey Contract Fuel & Gas Summaries" as posted on the New Jersey State Treasury web site, and

Whereas, the Bid Bond & Consent of Surety were found to be in order.


Now Therefore Be It Resolved that the bid received from Taylor Oil Company, 77 Second Street, Somerville, New Jersey 08876, is hereby accepted, and a contact for the Period January 1St, 2016 through December 31st, 2017, is hereby awarded.


CERTIFICATION

The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, August 24th, 2015.

Witness my hand and seal of the Borough of Brielle this 25th day of August 2015.




_______________________
Thomas F. Nolan
Municipal Clerk








Resolution 15-75-C
Date: August 24th, 2015
Borough of Brielle Resolution


Whereas, an application for the renewal of Plenary Retail Consumption License #1308-33-012-01.3, has been submitted by Brielle Union Partners, LLC. , and

Whereas, the submitted application form is complete in all respects, the renewal fees for the Borough of Brielle and the New Jersey Division of Alcoholic Beverage Control have been paid, and

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

Whereas, no objection to the renewal of this license has been made, and

Whereas, the applicant understands that this renewal is being made subject to the provisions of N.J.S.A.33:1-20 and is being treated as a "conflict" renewal, and the applicant has filed the required form.

Now Therefore Be It Resolved, that the Governing Body of the Borough of Brielle does hereby approve, effective this date, the renewal of License #1308-33-012-013 for the license year July 1st, 2015 through June 30, 2016, by the Director of the State of New Jersey Division of Alcoholic Beverage Control.


CERTIFICATION

The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, August 24th, 2015.

Witness my hand and seal of the Borough of Brielle this 25th day of August 2015.




_______________________
Thomas F. Nolan
Municipal Clerk
Resolution No: 15-75-D Date: August 24th, 2015




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 Town House, LLC, for premises located at 110 Union Avenue (Route #71), Brielle, N.J. 08730, 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, July 1st, 2015 through June 30th, 2016.

NOW THEREFORE BE IT RESOLVED, that the Governing Body of the Borough of Brielle does hereby approve, effective June 22nd, 2015, the Place to Place Transfer of the aforesaid license to include the area adjacent to the main building as indicated on the amended site plan, approved by the Brielle Planning Board on June 9th, 2015, and hereby incorporated into the text of this resolution.

Moved By:
Seconded By:

Vote: Council Members Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed. None abstained. Absent: Councilman Garruzzo.



CERTIFICATION



The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, August 24th, 2015.

Witness my hand and seal of the Borough of Brielle this 25th day of August 2015.



_______________________
Thomas F. Nolan
Municipal Clerk
Resolution No.:15-75-E
Date: August 24th, 2015





Whereas, there has been an overpayment of $1,932.64 on property

Block 66.01 Lot 3.04

Paid by

Frank Capogrosso
78 Wisteria Court
Holmdel, NJ 07733

Whereas, the aforementioned have provided proof of payment and requested a refund of said amount:


Now, therefore, be it resolved that a check be drawn in the amount shown above and refunded to the payee as requested



CERTIFICATION


The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, August 24th, 2015.

Witness my hand and seal of the Borough of Brielle this 25th day of August 2015.



_______________________
Thomas F. Nolan
Municipal Clerk







Resolution No.:15-75-F
Date: August 24th, 2015






Whereas, there has been an overpayment of $685.73 on property

Block 14.01 Lot 11

Paid by

Arjhan LLC
1860 Hwy 35
Wall, NJ 07719

Whereas, the aforementioned have provided proof of payment and requested a refund of said amount:


Now, therefore, be it resolved that a check be drawn in the amount shown above and refunded to the payee as requested



CERTIFICATION


The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, August 24th, 2015.

Witness my hand and seal of the Borough of Brielle this 25th day of August 2015.



_______________________
Thomas F. Nolan
Municipal Clerk

 

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