A Community by the River

Borough of Brielle, NJ

September 28, 2015

October 15 2015

September 28th, 2015

MINUTES September 28th, 2015 WORK SESSION START: 7:30 PM



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 had no report.

The Mayor then read a proclamation (see insertion)

There being no further discussion, the work session was adjourned at 7:32 pm on a motion by Councilman Shaak seconded by Councilman Gorham.

October 10, 2015, has been declared Put the Brakes on Fatalities Day® by the Borough of Brielle

WHEREAS, Across the nation, traffic crashes caused approximately 32,675(est.) fatalities in 2014, and are the leading cause of death for young people ages 15 to 34; and,
WHEREAS, In New Jersey, 556 individuals lost their lives in traffic crashes in 2015; and,
WHEREAS, Alcohol-related crashes accounted for 27.0 percent of the State's traffic fatalities, while 26 percent of all fatal crashes involved traveling at unsafe speeds; and,
WHEREAS, Motorcyclists, bicycle riders and pedestrians face increased risks on New Jersey's roadways, as people opt for alternative modes of transportation; and,
WHEREAS, 60 motorcyclists, 11 bicyclists and 170 pedestrians were killed in New Jersey in traffic-related crashes in 2015; and,
WHEREAS, Safer driving behaviors such as buckling up, every ride; obeying posted speed limits; stopping for pedestrians in crosswalks and using crosswalks when walking; avoiding aggressive driving behaviors; never driving impaired; wearing proper safety gear while riding a motorcycle or bicycle; and, focusing solely on driving by avoiding distractions, can dramatically reduce the number of traffic-related injuries and deaths;
Now, therefore, I Mayor Thomas Nicol of the Borough of Brielle do hereby proclaim October 10, 2015, Put the Brakes on Fatalities Day®, and call upon everyone to put these lifesaving behaviors into practice to improve safety on the roadways in our community and throughout the State.

Thomas B. Nicol

MINUTES September 28th, 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 September 14th, 2015 meetings were approved on a motion by Councilman Nolan seconded by Councilman Visceglia; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-80 for Passage of the Consent Agenda.

A. To authorize refunds of fee paid to Board of Recreation due to cancellation of Tennis program.
B. (see insertion)
C. (see insertion)
D. To authorize the Jersey Shore Running Club to conduct an event in Brielle on April 16th, 2016 to benefit Special Olympics.
E. To authorize a $50.00 road opening permit fee for 3 x 3 New Jersey Natural Gas road openings.
F. (see insertion)
G. To appoint the Borough Engineer, Zoning Officer & Code Enforcement Officer as Official Designated Assistants of the Building Inspector as per Chapter 21-63 of the Code of the Borough of Brielle.

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-81 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 28th, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gorham, Nolan, Shaak and Visceglia: all aye. No nays. Passed

Mayor Nicol then called for Committee Reports and recognized Councilman Nolan who cited the success of the Flag Football program, and the start-up of Fall Volleyball; he added that the Coaster Derby had been a great success as well. Councilman Nolan reminded the public that the Fall Festival and “Chili Cook-off” would be held on Sunday, October 18th. Councilman Nolan also noted that the tennis program had been cancelled due to illness and he wished the instructor a speedy recovery.

Turning to the Library, Councilman Nolan cited a new program on bread baking to begin in the fall.

Councilman Garruzzo having no report, Councilman Shaak advised the bulk pick-up would be the week of October 12th on the regular day of collection. Masonry and recyclables would not be taken.

Leaf collection would begin the week of October 19th and continued through mid-December. Brush would not be collected.

Councilmen Gorham & Visceglia having no reports, the meeting was open to the public and the Chair recognized Brian Finnegan, 704 Howell Drive, who asked why a police officer had been sent to his home because a contractor, not in his employee, but in the employee of the contractor who had damaged the pool during the construction of the new water tank, and was now making repairs, had pumped water from the pool onto municipal property.

Mr. Finnegan said that he had been contacted by PS&S and threatened with litigation an implication being made that, if anyone had been injured, he would bear the responsibility; he asked for clarification.

Mayor Nicol replied that he did not have the facts in this matter but would investigate.

Edward Burke, 409 Union Lane, was critical of the condition of the roadway in front of his home and questioned the cavalier manner in which his complaint to the immediate supervisor had been handled. The Mayor said he would investigate. Mr. Burke also cited a sump pump that was dumping water on the roadway that was scheduled to be paved; he questioned whether the paving operation would be adversely impacted. The Mayor replied that, if it were a small amount of water, it would evaporate as the temperature of the asphalt was 320 degrees. However, he would also look into this matter and review it with the project engineer.

Richard Holmquist, 504 Green Avenue, again pointed out to the Council that he supported an ordinance that approached the noise problem on a comprehensive basis, but he did not favor the use of decibel readings. He had recently viewed some literature regarding “clearly audible” and he thought it would be more enforceable from a law enforcement perspective and urged Council to pursue that option.

Charlotte Madison, 206 Homestead Road, asked if any action had been taken against Waypoint 622 for the “illegal” sign she had brought to the Borough’s attention or to the cars parked by the dumpsters.

The Administrator advised that the sign had been removed, but no fines had been levied. The other matter was still under investigation. Attorney Montenegro added that if Ms. Madison was aware of a violation she could sign a complaint as a citizen.

Thomas Stuhrmann, 106 Ocean Avenue, presented a petition, and read the preamble to the Council (insert). In conclusion he urged Council to enforce the plainly audible provision of the exiting noise ordinance regarding all exterior music.

Bill Ruckert, 616 Rankin Road, reminded the Council of the history of “noise” along the commercial strip and cited the Ferry Boat, the Bimini, Dante’s Inferno and the Ship Wheel Inn, as examples of problems that had been dealt with in the past. He also noted the numerous charter fishing boats that at one time discharged their boisterous patrons onto Borough streets. Mr. Ruckert noted that Mr. Grafas had improved a derelict marina and eliminated an eyesore. His improvements had increased property values and stimulated commerce.

Janine Leonhardt, 407 Leslie Avenue, had no animosity toward the Waypoint as a business with a right to exist, but not as a source of noise pollution. The previous establishment had never reached the intrusive level of noise that now emanated from the Waypoint and she added that commerce was not relevant when the quality of life for local residents was being adversely impacted.

Charlotte Madison concurred that the Waypoint had a right to do business in Brielle, but the owner had to abide by the rules and regulations of the Borough.

Angie Cardin, 304 Union Lane, pointed out that there had been noise problems at other locations in the past, in each case the Council had worked with the impacted residents to resolve the problem, she asked that they do the same in this case as the noise was intrusive.

Thomas Stuhrmann interjected that he had lived at his location, 106 Ocean Avenue, for fifteen years, but the noise had ever reached the levels experienced this summer. He added that he could not concentrate to read a book, work on his computer or even watch television.

Joseph Mele, Harvard Avenue, Point Pleasant, docked his boat at Hoffman’s Marina and he believed that the noise level from the Waypoint was no higher than the noise that emanated from the Union Landing. The marina area had been blighted and was ready for condemnation. Mr. Grafas had improved it, make it a viable business, produced tax revenue for the town, and had had no impact on the school system. Mr. Grafas should comply with all municipal ordinances, but the fact that he improved an eyesore should be recognized.

Someone asked out loud if condemnation had ever been considered and the Mayor replied “no”.

Edward Burke, turned to parking at the Waypoint and pointed out that part of the problem was that the middle line on Green Avenue where it met Union Lane and Ashley was too far over and conflicted with vehicles parked on the street.

Mr. Stuhrmann agreed and felt that the line should be relocated.

Frank Dee, a boat owner, offered that he lived on his boat and he “never” heard any noise.

Angie Cardin noted that she had no idea that she lived in a “blighted” area, but added that there had never been a noise issue with the Union Landing.

Tom Codero of Brick said that he too was a boat owner and often slept on his boat at the marina. The noise now was no greater than before. He also noted that a major contributor to noise was the Water Taxi.

Richard Holmquist, questioned whether or not “outsiders” meaning non-residents should have any input into a discussion of issues that solely impacted Brielle Residents?

The meeting was adjourned at 8:09 p.m. on a motion by Councilman Shaak seconded by Councilman Gorham.

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

Throughout the summer of 2015, Brielle residents that live in the vicinity of the Waypoint 622 restaurant have experienced disturbing noise due to the loud music played there. This problem was originally identified with a petition presented to the council in June of 2015. The council and police action taken to curtail the music beyond 10 PM is gratefully noted. Some reduction of sound level is noticed at times, however there are still many times when the excessive sound of amplified instruments, including bass tones and singing can be heard at residential homes and properties.
The Brielle neighborhood in and around this area has always been a beautiful and quiet place to live. In the summer, living in this area, has always involved the experience of outdoor restaurant music. In the past, any music heard was at the very most, a low level sound of unintelligible music in the distance on weekends only. This summer the loud and far reaching music that was heard on most nights of the week from the Waypoint 622 restaurant far exceeded past levels. Music and instruments could be heard in yards and inside homes. This excessive noise degrades the character of our neighborhood.
Therefore, we, the undersigned, ask that any outdoor music and amplified speaker noise be restricted only to Friday and Saturday (noon to 10PM), and on Sunday (noon to 6PM) such that the sound or music is not plainly audible at the property boundary of any residential property.

Resolution No.:15-80-B
Date: September 28th, 2015

Whereas, the New Jersey Department of Transportation wishes to legally establish speed limits along Route 70 through the Borough of Brielle and the Township of Wall, and
Whereas, in order to establish such speed limits the NJDOT is required to promulgate a Traffic Regulation Order (TRO), and
Whereas, the TRO requires a resolution of support from the Governing Body of the Borough of Brielle, and
Whereas, the speed limits to be established are:

Route NJ 70
In the Borough of Brielle:
For both directions of traffic:
Zone 1: 45 MPH between the Point Pleasant Borough-Brielle Borough corporate line and the Brielle Borough - Wall Township westerly corporate line (River View Drive) (approximate mileposts 58.29 to 58.75).
For the eastbound direction of traffic:
Zone 2: 50 MPH between the Brielle Borough - Wall Township westerly corporate line (River View Drive) and the Brielle Borough - Wall Township easterly corporate line (approximate mileposts 58.75 to 59.04); thence
Now Therefore Be It Resolved, that the Governing Body hereby votes support for the proposed speed limits to be established along Route 70 and requests that the NJDOT consider this resolution as a Resolution of Concurrence for the Traffic Regulation Order.


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 28th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 29th day of September 2015.

Thomas Nolan
Municipal Clerk

Resolution No: 15-80-C
Date: September 28th, 2015

Resolution of the Borough of Brielle

Whereas, the need exists to provide for an Intra-County Mutual Aid & Assistance Agreement to coordinate the activity of responding units in compliance with the requirements of the National Incident Management System (NIMS), the New Jersey Civil Defense & Disaster Control Act, the Fire Service Resource Emergency Deployment Act, and

Whereas, participation in this agreement shall provide financial assistance to participating units for consumable goods, equipment and personnel, and

Whereas, participation in this agreement shall ensure that participating units are protected against loss, damage or destruction by fire, civil unrest, hazardous material, major criminal or emergency events, natural and man-made disaster or catastrophe and shall address those situations where additional aid and assistance is required to protect persons and property within each individual Jurisdiction.

Now Therefore Be It Resolved, that Thomas B. Nicol, Mayor and Emergency Management Coordinator for the Borough of Brielle is hereby authorized to execute this agreement on behalf of the Borough of Brielle.


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 28th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 29th day of September 2015.

Thomas F. Nolan
Municipal Clerk

Resolution No: 15-80-F
Date: September 28th, 2015

Resolution of the Borough of Brielle

BE IT REOLVED, that the Business Administrator, Thomas F. Nolan, is hereby authorized to execute Change Order No. 4 entitled "Interim Adjustment of Certain Quantity Line Items, representing a net reduction, in the amount of $4,910.00, for the Union Lane Water Main Replacement Project.


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 28th, 2015.

Witness my Hand and Seal of the Borough of Brielle this 29th day of September 2015.

Thomas F. Nolan
Municipal Clerk