Borough of Brielle, NJ

January 2, 2007

The Reorganization Meeting of the Board of Adjustment was held on Tuesday, January 2nd, 2007, at 7:30 P.M. in the Borough Hall, 601 Union Lane. After the salute to the flag and the reading of the Sunshine Statement, roll call was taken:

On roll call: Present - Michael Gianforte, James Harman, Joseph Petrone, Charles Sarnasi, Tim Sigler, Nicholas Stango, John Visceglia

Absent - Thomas Condon, Terre Vitale

Also present was Ken Fitzsimmons, Board Attorney and Karen Brisben, Recording Secretary. There was 1 person in the audience.

Chairman Gianforte called the meeting to order and declare a quorum.
The following appointments were then made:

Thomas Condon, Regular Member through 12/31/10
Joseph Petrone, Regular Member through 12/31/10
Charles P. Samasi, Jr., Alternate Member #2 through 12/31/08

Mr. Fitzsimmons swore in the above members and congratulated them on
their new terms.

It was then time for the election of officers for the year 2007. Dr. Petrone made a motion to nominate Mr. Gianforte for the position of Chairman, Tim Sigler for the position of Vice-Chairman and Tom Condon for the position of Secretary. As there were no other nominations, they were closed; Mr. Harman seconded the motion and this was approved by unanimous vote, all aye.

The position of Recording Secretary for the year 2007 was then considered as an appointment and Mr. Gianforte made a motion to appoint Karen Brisben, this seconded by Dr. Petrone and unanimously approved, all aye.

The next item for the Reorganization was the approval of the appointment of the Attorney and Engineer and the following Resolution was presented, as well as a Resolution for the official newspapers of the Board and meeting dates:

''WHEREAS, N.J.S.A. 40A:1 1-5(l)(a)(i) permits the Board of Adjustment to
award a professional services contract without public advertising for bids and
bidding; and WHEREAS, the Brielle Board of Adjustment has determined that there is a need for legal services and engineering services during the year 2007 calendar year; and

WHEREAS, the Brielle Board of Adjustment has determined to provide the need to acquire legal services and engineering services as a non-fair and open contract pursuant to the provisions of N.J S.A. 19:44A-20.5; and

WHEREAS, the Chief Finance Officer of the Borough of Brielle has determined and certified in writing that the value of the legal services and engineering services may exceed $17,500; and

WHEREAS, the term of these contracts are one year (January 1, 2007 to
December 31, 2007); and

WHEREAS, Kenneth B. Fitzsimmons has submitted a proposal indicating that he will provide legal services for the hourly rate of $150.00 and Alan Hilla, Jr. of Birdsall Engineering, Inc. has submitted a proposal indicating he will provide engineering services for the hourly rate of $142.00; and

WHEREAS, both Mr. Fitzsimmons and Mr. Hilla have completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to any political or candidate committee in the Borough of Brielle in the previous year, and that the contracts will prohibit them from making any reportable contributions through the term of the contracts; and

WHEREAS, a certification as to the availability of funds executed by the Chief Finance Officer is attached to this Resolution pursuant to the provisions of N.J.A.C. 5:30-5.4;

NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of the Borough of Brielle on this 2nd day of January, 2007, as follows:

1. The Business Disclosure Entity Certification of both Mr. Fitzsimmons and Mr. Hilla as well as the Determination of Value Certification of the Chief Financial Officer shall be filed in the office of the Municipal Clerk and shall be available for public inspection.

2. The Board of Adjustment is hereby authorized and directed to execute a contract with Mr. Fitzsimmons to provide legal services and Mr. Hilla to provide engineering services for the 2007 contract year.

3. A notice stating the nature, duration, service and the amount of this contract shall be published in the Coast Star and this Resolution shall be maintained on file and available for public inspection in the office of the Board of Adjustment Secretary.

4. A certified copy of this Resolution shall be sent to Mr. Fitzsimmons and
Mr. Hilla.''

Meeting Dates

''WHEREAS, an act of the Legislature known as the ''Open Public Meetings Act'' enacted October 21, 1975, requires that advance notice be given of all regularly scheduled public meetings of the Board of Adjustment, this act
becoming effective January 19th, 1996,

NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of the Borough of Brielle that:

1. The regularly scheduled public meetings of the Board of Adjustment shall be held in the Borough Hall, 601 Union Lane, at 7:30 P.M. on the first Tuesday of each month. Work Sessions, if needed, will be held at 7:00 P.M. on the same night.

2. A copy of this Resolution shall be posted on the public bulletin board of the Borough Hall and published in one of the official newspapers of the
Board of Adjustment.''

Newspapers

''RESOLVED, that the Asbury Park Press and The Coast Star be designated as the official newspapers for publishing legal notices of the Borough of Brielle Board of Adjustment.''

Dr. Petrone made a motion to accept the three Resolutions, this seconded by Mr. Sigler and unanimously approved, all aye.

A motion to accept the Minutes of the December 5, 2006 meeting was made by Mr. Sigler, this seconded by Mr. Harman and unanimously approved, all aye.

OLD BUSINESS:

Mr. Gianforte announced to the audience that the application for Eric and Kathryn Beelitz, 1008 Sunset Drive, to allow construction of a roofed front porch, has been withdrawn by the applicant.

He then announced that the hearing for the Brielle First Aid Squad and Thomas Hassel has been postponed pending a formal application for the Greenwood Cemetery Association to purchase part of the First Aid Squad property for cemetery use. Mrs. Brisben told the Board they are holding on to this application until a new application from the Greenwood Cemetery Association has been submitted. Mr. Fitzsimmons explained that the Greenwood
Contract will supplant Mr. Hassel's and, if it goes through, Mr. Hassel can
formally withdraw his application. All time limits have been waived, so if they
come back they will have to re-notify property owners; Mr. Fitzsimmons agreed with Mr. Henderson (Mr. Hassel's attorney) on his actions in not yet withdrawing the first application. Mrs. Brisben told the Board she has yet to receive a new application but has been in touch with the Greenwood Cemetery attorney who told her one is being worked on and should be submitted soon.

OTHER BUSINESS:

Before adjourning for the evening, Mr. Gianforte wanted to discuss the extremely large garage that has been built on the home at the corner of Riverview Drive and Rankin Road, across from the Church; he has been questioned on it by residents. Mr. Fitzsimmons said the Board has the right to
ask Mr. Ratz for the calculations in determining this garage meets all requirements and he felt it may be worth looking into.

Mr. Gianforte also wanted to comment on the impervious coverage - Brielle has maximum lot coverage but not maximum impervious coverage and other towns do. Mr. Fitzsimmons suggested the Board writing to the Governing Body asking about impervious coverage and agreed that more and more towns are addressing this issue and it is a legitimate planning concern. After further discussion, a motion was made by Mr. Visceglia to inquire on impervious coverage restrictions as part of the Zoning Ordinance, this seconded by Mr. Sigler and unanimously approved, all aye.

Mr. Gianforte then thanked the Board for appointing him Chairman for one more year, and, as there was no further business to come before the Board, a motion was made by Mr. Samasi to adjourn the meeting, seconded by Mr. Sigler and unanimously approved, all aye. The meeting was adjourned at 7:40 p.m.

approved: ________________________
Karen S. Brisben, Recording Secretary