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A Community by the River

Borough of Brielle, NJ


September 14, 2015

October 15 2015

September 14th, 2015

MINUTES September 14th, 2015 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, GORHAM, NOLAN, SHAAK & VISCEGLIA, ATTORNEY MONTENEGRO 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 then opened the Work Session in compliance with the Open Public Meetings Act. Ms. Denise Wegeman, of the Shore Community Alliance had been unable to attend the meeting as planned, but Councilman Garruzzo distributed invitations, on her behalf, to the Governing Body for a October 8th, 2015 to celebrate the Alliance’s 20 years of community service to prevent alcoholism and drug abuse throughout the Manasquan, Sea Girt, Brielle and Spring Lake Heights municipalities.

The Mayor then announced that the time had arrived for a hearing on the proposed application to the Monmouth County Open Space Trust Fund and he recognized the Borough Engineer, Alan P. Hilla.

The Engineer explained that the Borough was seeking to obtain an Open Space Trust Fund Grant from Monmouth County in the amount of $75,000.00. These funds would be employed to fund improvements to Brielle Park and Carpenter Park. The grant was for matching funds and the total cost of the project was $150,000.00. The improvements included fence enclosure improvements, the reconstruction of the three existing tennis courts and the resurfacing of a single basketball court at Carpenter Park.

Councilman Visceglia noted that the tennis courts had been resurfaced some ten years ago. He asked what the use-full life was for tennis courts. The Engineer advised fifteen years, but added that there had been a problem with settling in the center court. As part of the refurbishing the contractor would be required to determine the cause of the problem and resolve it; he added that the Department of Public Works had done an outstanding job maintaining the courts despite this problem.

Bob Duerr, 614 Cedarcrest Drive, asked if the project included sidewalks at Carpenter Park. He noted that Green Avenue was heavily trafficked and children frequently walked to the park. Mr. Hilla replied that it was beyond the scope of the project.

Janet Hendricks, 615 Leslie Avenue, asked if the plan included replacement of the fence at Carpenter Park as it was in bad condition. Again the Engineer advised that the fence was not included in the project, but the Administrator offered that the fence was something that the Public Works Department could address.

There being no further comments the hearing was adjourned on a motion by Councilman Garruzzo seconded by Councilman Nolan.

The Administrator then advised that Waypoint 622 had pleaded “not guilty” to the seven summonses that had been issued by the Borough. The municipal court set a trial l court date for October 6th, 2015. The Borough planned to vigorously defend its position.

The Administrator then advised Council that the contractor selected by the Bond Company, Underground Utilities, was working diligently to complete the water main installation as expeditiously as possible.

Richard Holmquist, 504 Green Avenue, noted that the new contractor was repairing trenches that had been left open by the former contractor, was this an additional cost?

The Administrator explained that the original contractor had only filled the trenches on a temporary basis; he had been scheduled to complete the work the day he abandoned the job. The work was included in the original bid and there was no additional cost.

Margaret Herman, 208 Homestead Road, advised Council that, at the last meeting, her neighbor, Charlotte Madison had given Council a photograph of a sign at Waypoint 622 that both she and Ms. Herman believed was illegal. She asked if anything had been done. Attorney Montenegro accepted the photograph and advised that Code Enforcement would look into the matter.

Ms. Herman went on to say that, at the last meeting the owner of Waypoint 622, Mr. Larry Grafas, had attempted to intimidate her, going so far as to approach both Ms. Herman and Ms. Madison after the meeting. She wanted the Council to be aware of this situation and the fact that she was taking steps to protect herself and her family.

Ms. Herman also sought clarification of the presence of police at the Waypoint 622. Mayor Nicol explained that it was an “extra-duty” job and that Waypoint 622 reimbursed the Borough for the cost of having a Special Officer present at the location.

Mr. Holmquist asked for an update on the status of the noise ordinance and he reiterated his previous comment that the most viable solution would be a town-wide approach rather than attempting to tailor restrictions to each individual establishment.

Councilman Garruzzo advised that his Committee had crafted a revision to the noise ordinance; it was in draft form and was currently being circulated among the Councilmembers for their comments; he hoped to have a more definitive report at the next meeting.

Martha Brandell Barrett, 622 Homestead Road, read a letter to the Council, the text of which is amended to these minutes. The letter urged the Council to take appropriate steps to ensure that the quality of life in the Borough was not diminished and that future generations could enjoy the simple pleasures that had characterized her own childhood growing up in the area.

Ms. Herman was recognized and stated that on Friday Night the music, in particular the drums, were louder than ever.

Thomas Stuhrmann, 106 Ocean Avenue, said that he was glad that an ordinance was being considered, but he asked if the public would have input into the process.

Attorney Montenegro explained that there was a two-step process. The ordinance would first be introduced, then published in the local press, and then given a public hearing, where anyone was free to offer comments.

Mr. Stuhrmann asked if Council then voted on the ordinance and the Attorney said that they did, unless they opted to carry the matter for further discussion.

There being no further discussion, the work session was adjourned at 7:55 pm on a motion by Councilman Nolan seconded by Councilman Shaak.



To: Brielle Town Council
From: Martha Brandell Barrett
September 14, 2015
Re: Noise level from Waypoint 622 Restaurant

My parents, Roger and Beverly Brandell, bought a home in Brielle 29 years ago on Homestead Road. The draw to the home was the location: the quiet one way street, the area park, the Manasquan beach and the marina.

The quiet, clean and neat neighborhood was a place they saw themselves with their children and grandchildren. The one way street was minimally traveled and a safe place for their grandchildren to play in the street. If Dad didn't have them on a golf course learning the game, they were at the Drawbridge learning how to fish and then learning how to play whiffle ball in the street. Playing was a big part of my parents lives with their children and grandchildren.

In the past few years, the nights have become very busy on our street and music continued to grow louder. The music was so loud that it tended to keep the children up due to the bass vibration on my parents home. Most young children go to bed around 8:00 PM, as mine did many years ago. Now with a recent grandchild, I would like to think we could return to some of the better days of tranquility so my grandson could enjoy the summertime as my children had done.

I understand the law allows the noise level to be much louder till 10:00 PM. After 10:00 PM the noise level should be reduced to a level that the neighbors in the area of the restaurant/bar should not be disturbed. There is absolutely no reason why I should have to close windows, turn on the air conditioner in order to hear the TV, read a book or go to sleep. I can attest to the fact that not only can you hear the music clearly, you can tell which song is playing because of the intense volume. I cannot understand why an area restauranteur would choose not to respect the neighbors near his establishment.

In closing, I hope you understand the value of a family oriented neighborhood and community.

Sincerely,
Martha Brandell Barrett




MINUTES September 14th, 2015 START: 7:56 P.M.

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, GORHAM, NOLAN, SHAAK & VISCEGLIA, ATTORNEY MONTENEGRO 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 August 24th, 2015 meetings were approved on a motion by Councilman Gianforte seconded by Councilman Gorham; all aye; no nays. Passed (Note: Councilman Garruzzo abstained)

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-77 for Passage of the Consent Agenda.

Resolution:
A. (see insertion)
B. (see insertion)
C. (see insertion)
D. To authorize the Boy Scouts to conduct a clean-up of Nienstedt Island, on Saturday September 26th, 2015, and to camp overnight on the island.
E. (see insertion)
F. (see insertion)
G. (see insertion)
H. (see insertion)

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-78 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 September 14th, 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 his committee had investigated allegations that Borough Professional Employees had not been diligent in addressing the issues at Waypoint 622. The committee found that the employees had purported themselves in a manner consistent with the requirements of their respective positions. In all cases the normal process had been followed.

Councilman Nolan reminded the public that the Library had passes to the Battleship New Jersey and they were free to holders of library cards. The annual Coaster Derby would be held on September 26th and was a great event sponsored by the Board of Recreation and Fire Company No. 1.

Flag Football was underway and 170 children had signed up. The annual Fall Festival, featuring the “chili cook-off” would be held October 18th, and the Boy Scouts would give Nienstedt Island a much needed clean-up on September 26th. Finally, he cited Brielle Day and thanked all participants for making it such a great day.

Councilman Garruzzo advised that, in August the police made 16 arrests, 6 DWI, 4 marijuana possession, and 7 warrant arrests. In addition, 10 motor vehicle accident investigations took place. Bicycle and school safety tips were distributed to the Elementary School and were also posted on the department’s Facebook. The Police were also grateful for the Fire department’s assistance during Brielle Day.

Margaret Herman interjected that the Police had placed two Do Not Enter signs on Homestead Road, but they were being ignored. Councilman Garruzzo advised that he would have the police investigate.

Councilman Shaak advised that the Water Main installation on Union Lane, although behind schedule due to the bankruptcy of the original low-bidder, was back on schedule and should be concluded by month’s end. Turning to the 43rd Annual Brielle Day, Councilman Shaak added that the DPW had done their usual excellent job on Brielle Day and noted that by Sunday no one knew that a major outdoor event had taken place. In closing, Councilman Shaak congratulated Councilman Gianforte on being the only member of Council to complete the 10-K Race.

Councilmen Gorham & Visceglia having no reports, the Mayor opened the meeting for public comment.

Mr. Holmquist stated that he did not wish to beat a dead horse, but he found it difficult to believe that it took so long for the Borough to become aware of the violations at Waypoint 622; he urged Council to learn from the experience and take measures to ensure that it never happened again.

Margaret Herman cited 12 Limousine/Taxis pulling up at the Waypoint and dropping off their passengers. She was concerned about overcrowding.

Bob Duerr stated that he believed that this was a public safety issue. Green Avenue had no sidewalks, traffic had increased, no impact study had been conducted, and the whole matter was “rubber-stamped”.

Janet Hendrick agreed that the neighborhood had been adversely impacted and she returned to the fact that, during the water main project trenches had been left open and the Borough said that it couldn’t do anything about it.

Mayor Nicol advised that the DPW had filled in the trenches, but within a day the material had dissipated. Now, the trenches were being properly filled and paved by the new contractor; he reminded Ms. Hendricks that the prior contractor had gone bankrupt. He added that Ms. Hendricks had informed him that she traveled Union Lane a hundred times a day; he thought that was a bit unusual. Ms. Hendricks replied that maybe she had exaggerated, but the fact remained the trenches were a safety issue.

Ms. Herman said that when the Waypoint was the Union Landing there were no noise issues.

Tom Stuhrmann said that, while he was not blaming any employee, something fell through the cracks. The canopy, the new deck, all of this construction was a violation and should have been prevented.

Patricia Tecza, 614 Brielle Avenue, noted that if she was guilty of flatulence, Code Enforcement was on her doorstep. She could not imagine how these violations were ignored for so long.

Attorney Montenegro explained that the owner had made representations to the Borough that he was replacing existing structures, this was permitted, however he went beyond what was allowed and that created the problem. The Borough became aware of the problem and it addressed it through the municipal court procedure.

Ms. Herman stated that her granddaughter wanted to go to the Union Landing for a hamburger as in the old days. When she saw that the ponds and the fish were gone, she cried. Ms. Herman said this was a violation and had to be cured.

Mr. Holmquist requested more detail on the actual violation notice. The Attorney explained that they were land-use violations. Some required a “use variance” and others “site-plan approval”. The Borough had a combined Planning/Zoning Board and so the violations could be addressed in that forum.

Sue Stenson, 810 Rankin Road, on behalf of the Woman’s Club, thanked the Council for the three Brielle Day Banners that helped to advertise the event. The vendors had had a “banner day” and the DPW, as always, had been a great help in setting up for the event.

James Aloi, 108 Ocean Avenue, stated that he had worked at the Sand Bar and they had been prevented from adding 10 Bar Stools, so how did the Waypoint add tables and chairs without permission?

The Attorney said it was a land-use matter and he frankly was not familiar with the Sand Bar case. However, the Waypoint was being addressed through the violations.


Margaret Herman asked if cars could park in front of a dumpster. The Attorney replied that he would have to see a site-plan in order to make a determination.

There being no further public comment, Councilman Garruzzo seconded by Councilman Nolan introduced Resolution 15-79 to enable an Executive Session.

Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and

Whereas, the Borough Council of the Borough of Brielle is of the opinion that such circumstances currently exist.

Now Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on September 14th, 2015, as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

2. The general nature of the subject matter to be discussed is as follows: “Pending Litigation”.

3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

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

The Executive Session began at 8:15 p.m. and ended at 8:50 p.m. The session was adjourned on a motion by Councilman Gianforte seconded by Councilman Visceglia.

Attorney Montenegro stated that no action was being taken and that the matter would be made public when the need for confidentiality no longer existed.

The meeting was adjourned at 8:51 p.m. on a motion by Councilman Shaak seconded by Councilman Gorham.




Approved: September 28th, 2015
_____________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-77-A Date: September 14th, 2015


Resolution of the Borough of Brielle


WHEREAS, there has been an overpayment due to duplicate bank payment after the sale of property

Bl.17.01 L. 2 $2,355.87
500 MORGAN PARKWAY

Paid by
CHRISTOPHER AND JEAN ARNOLD
3460 CLAREMONT STREET
MOUNT PLEASANT SC 29466

WHEREAS, the aforementioned have provided proof of payment and requested a refund of said overpayment;

NOW, THEREFORE, BE IT RESOLVED that check be drawn in the amounts shown above and refunded to the payee as requested.


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 September 14th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 15th day of September 2015.

______________________
Thomas Nolan
Municipal Clerk



Resolution No: 15-77-B
Date: September 14th, 2015


Resolution of the Borough of Brielle


WHEREAS, there has been an overpayment due to duplicate bank payment after the sale of property

Bl.124 L. 15 $2,214.21

Paid by
Premier Title Company LLC
2301 E Evesham Rd Suite 206
VOORHEES NJ 08043

WHEREAS, the aforementioned have provided proof of payment and requested a refund of said overpayment;

NOW, THEREFORE, BE IT RESOLVED that check be drawn in the amounts shown above and refunded to the payee as requested.


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 September 14th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 15th day of September 2015.

______________________
Thomas Nolan
Municipal Clerk




Resolution No.:15-77-C
Date: September 14th, 2015



Borough of Brielle Resolution


Be It Resolved, to appoint Eugene Racz, Esquire as an Alternate Prosecutor to and for the Municipal Court of the Borough of Brielle.

Vote: Council members Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; aye. No nays. None abstained. None absent



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 September 14th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 15th day of September 2015.

______________________
Thomas Nolan
Municipal Clerk




Resolution No: 15-77-E
Date: September 14th, 2015




Resolution of the Borough of Brielle


WHEREAS, the Borough of Brielle did advertise in the Asbury Park Press for bids for Improvements to Holly Hill Drive, Phase II, and

WHEREAS, bids were received by the Borough on September 4th, 2015, and

WHEREAS, the lowest responsible bidder was, Lancha Construction of South River, and

WHEREAS, the Bid Bond and Consent of Surety were found to be in order, and funds are available to undertake this work.

NOW THEREFORE BE IT RESOLVED, that the bid submitted by Lancha , 49 W. Grochowiak Street, South River, N.J. 08882, in the amount of $214,278.04 is hereby accepted.

Be It Further Resolved, that the Municipal Clerk is hereby authorized to initiate the contract.


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

Absent: None


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 September 14th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 15th day of September 2015.


_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-77-F
Date: September 14th, 2015




Resolution of the Borough of Brielle


WHEREAS, the Borough of Brielle did advertise in the Asbury Park Press for bids for Improvements to Bridle Library Parking Lot, and

WHEREAS, bids were received by the Borough on September 4th, 2015, and

WHEREAS, the lowest responsible bidder was, All Surface Asphalt Paving of Point Pleasant, N.J., and

WHEREAS, the Bid Bond and Consent of Surety were found to be in order, and funds are available to undertake this work.

NOW THEREFORE BE IT RESOLVED, that the bid submitted All Surface Asphalt Paving, 528 Hardenburg Avenue, Point Pleasant, N.J. 08742 in the amount of 567,264.00 is hereby accepted.

Be It Further Resolved, that the Municipal Clerk is hereby authorized to initiate the contract.



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

Absent: None

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 September 14th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 15th day of September 2015.


_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-77-G
Date: September 14th, 2015

RESOLUTION AUTHORIZING AN APPLICATION TO MONMOUTH COUNTY MUNICIPAL OPEN SPACE GRANT PROGRAM


WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Trust Fund and established a Municipal Open Space Program to provide Program Grant funds in connection with municipal acquisition of lands for County park, recreation, conservation and farmland preservation purposes, as well as for County recreation and conservation development and maintenance purposes; and

WHEREAS, the Governing Body of Borough of Brielle desires to obtain County Open Space Trust Funds in the amount of $75,000.00 to fund the improvements to Brielle Park and Carpenter Park, located 658 Union Lane (Brielle Park) and 608-610 Leslie Avenue (Carpenter Park), Block 52 Lot 1 (Brielle Park), Block 53 Lot 1 (Carpenter Park) on the Borough of Brielle Tax Map; and

WHEREAS, the total cost of the project including all matching funds is $150,000.00; and
WHEREAS, the Borough of Brielle is the owner of and controls the project site.

NOW, THEREFORE, BE IT RESOLVED BY the Borough Council of the Borough of Brielle THAT:

1. Thomas Nolan, Administrator is authorized to (a) make an application to the County of Monmouth for Open Space Trust Funds, (b) provide additional application information and furnish such documents as may be required for the Municipal Open Space Grants Program and (c) act as the municipal contact person and correspondent of the above named municipality; and

2. The Borough of Brielle is committed to this project and will provide the balance of funding necessary to complete the project in the form of non-county matching funds as required in the Policy and Procedures Manual for the Program; and

3. If the County of Monmouth determines that the application is complete and in conformance with the Monmouth County Municipal Open Space Program and the Policy and Procedures Manual for the Municipal Grants Program adopted thereto, the municipality is willing to use the approved Open Space Trust Funds in accordance with such policies and procedures, and applicable federal, state, and local government rules, regulations and statutes thereto; and

4. Thomas Nolan, Administrator is hereby authorized to sign and execute any required documents, agreements, and amendments thereto with the County of Monmouth for the approved Open Space Trust Funds; and

5. This resolution shall take effect immediately.




ROLL CALL:

AYES: Councilmembers Garruzzo, Gianforte, Gorham, Nolan, Shaak and Visceglia
NAYS: None
ABSTAINED: None
ABSENT: None


CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on September 14th, 2015.

Witness my hand and seal of the Borough of Brielle this 15th day of September, 2015.


__________________
Carol Mcmenamy
Deputy Municipal Clerk

Resolution No: 15-77-H
Date: August 14th, 2015






Resolution of the Borough of Brielle

Whereas: on August 8th, 2015 Brielle PTO, 605 Union Lane, Brielle, NJ 08730 submitted Raffle Application No. 2015-12 ID, No. 57-5-22886 for an off-site 50/50 raffle, to be held at Brielle Elementary School, 605 Union Lane Brielle NJ 08730 on October 31st, 2015 at 3:00pm .

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 14th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 15th day of August 2015.


______________________
Thomas F. Nolan
Municipal Clerk











 

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