Borough of Brielle, NJ
| March 13, 2006
March 13, 2006
MINUTES MARCH 13th, 2006 WORK SESSION START: 7:30P.M.
PRESENT: Mayor Nicol, Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak. Attorney Montenegro & Administrator Nolan.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised Council of the need for an Executive Session relative to contract negotiations and potential litigation. The Administrator also asked to add a resolution to the consent agenda accepting the resignation of a Deputy Court Clerk. Council gave approval to the request.
The session was adjourned at 7:31 p.m. on a motion by Coun. Garruzzo seconded by Coun. Lenzen.
MINUTES MARCH 13th, 2006 MEETING START: 7:32 P.M.
PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, LENZEN, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
After a moment of silent prayer and a salute to the flag, Mayor Nicol opened the meeting in compliance with the Open Public Meetings Act and asked for a motion, made by Coun. Lenzen and seconded by Coun. Garruzzo, to accept and file the Minutes of the February 27th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye.
Mayor Nicol announced that the time had arrived for a hearing on the proposed 2006 Municipal Budget.
The hearing was opened on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.
The Chair recognized Coun. Garruzzo who noted that the proposed budget equated to an increase of approximately two cents in the municipal tax rate. He observed that, while the Governing Body always strove to contain the growth of the municipal tax rate, the public had to be mindful of the fact that some increase is necessary to ensure the current level of municipal services is maintained.
Coun. Garruzzo pointed out the fact that the Borough cannot be insulated from market place trends. In 2005 Brielle experienced increases in insurance, trash and leaf disposal, pensions and utilities. In addition the Borough had to honor its collective bargaining agreements and labor agreements.
Nevertheless, Coun. Garruzzo believed that the Finance Committee had done a good job in keeping the increase moderate. He believed that the Finance Committee had performed their job in a “workman like” manner and he thanked his colleagues, Councilmen Lenzen & Nolan for their assistance in the preparation of the budget.
The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Lenzen.
The Administrator advised that the hearing was now closed, but the vote on the budget had to carry to March 27th due to Governor Corzine’s decision to postpone the adoption of any municipal budget until after his budget address on March 21st.
Coun. Shaak, seconded by Coun. Lenzen, introduced Resolution 06-39 for passage of the Consent Agenda.
06-39-A. to authorize the Mayor to execute Change Order No. 1, in the amount of $4,691.00, re: Old Bridge Road/Riverview Drive Manhole Adjustments.
06-39-B (see insertion).
06-39-C to authorize Birdsall Engineering to prepare plans and specifications for improvements to School House Road and to provide oversight for the project at a cost not to exceed $28,100.00.
06-39-D to accept with regret the resignation of Deputy Court Clerk Judy Richardson effective March 8th, 2006.
All matters listed above were considered to be routine in nature by Council and were enacted by one resolution. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-40 TO PAY 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 Municipal Finance Officer, in the amount of same, for payment of the bills of March 13th, 2006, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of a “BOND ORDINANCE PROVIDING AN APPROPRIATION OF $125,000 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $118,750 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APPROPRIATION”.
Coun. Garruzzo, seconded by, Coun. Scott, introduced Resolution 06-41 for passage on introduction and first reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.
Resolution No: 06-39-B Date: March 13th, 2006
BOROUGH OF BRIELLE
Whereas, on March 7th, 2006, Bayshore Community Hospital, 727 No. Beers Street, Holmdel, NJ 07733, submitted Raffle Application No. RA-2006-4, for an off-premise raffle, to be held at the Manasquan River Golf Course, on June 5th, 2006 at 8:00pm.
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.
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 March 13th, 2006.
Witness my Hand and Seal of the Borough of Brielle, this 14th day of March 2006.
Thomas F. Nolan
Resolution No: 06-44
Date: March 13th, 2006
RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT
WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Conflict Attorney; and
WHEREAS, the Borough of Brielle has retained the services of Richard Allan Wiener, Esq. inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;
NOW, THEREFORE, be it resolved that as of this 13th day of March 2006, that;
1. Richard Allan Wiener, Esq. is hereby retained by the Borough of Brielle as a Conflict Attorney to perform to the terms of the Agreement between the Conflict Attorney and the Borough of Brielle.
2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A: 1l-5(1)(a)and (i) of the Local Public Contracts Law because same involves the retaining of professional services.
3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500 threshold.
4. This contract is not subject to the provisions of N.J.S.A.19:44A-20.5.
5. Funds for the payment of this contract have been provided for in the 2006 Temporary Budget and shall be included in the 2006 Municipal Budget.
6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with N.J.S .A.40A: 11(1 )(a) and (i).
7. The effective date of this contract shall be March 7th, 2006. This contract shall serve to ratify the decision made by Council at their meeting of February 27th, 2006.
The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on March 13th, 2006.
Witness my hand and seal of the Borough of Brielle this 14th day of March, 2006.
Thomas F. Nolan
SEAL Municipal Clerk
Coun. Garruzzo, seconded by, Coun. Lenzen, introduced Resolution 06-42 to authorize publication of the foregoing Ordinance in the Coast Star according to Local Bond Law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak: all aye. No nays. Passed
Mayor Nicol then called for Committee Reports and recognized Coun. Scott who shared with her colleagues the fact that she, along with Mayor Nicol and the Administrator, had met with representatives of the Borough of Manasquan to discuss the potential for sharing Department of Public Works services. The discussion was still in the early stages, but she would keep the Council posted on its progress.
Coun. Scott also noted that it was National Sunshine Month (i.e. Open Public Meetings Act) and added that she had first run for office in 1980 on that platform. Coun. Scott noted that she was pleased to see the “windows and doors opening wider”.
Coun. Bolger advised that he had had a very productive meeting with the First Aid Squad regarding their new ambulance and he was impressed by the increase in height and length. He called it “quite a vehicle”. The ambulance was scheduled for delivery in April. Coun. Bolger also commented on the improvements being made to the building itself and he reminded the public that National EMS Week was in May and the Squad planned to hold its annual blood drive during that week.
Coun. Bolger noted that the Board of Recreation continued to plan events at a “frantic pace”. Upcoming events included the 3 on 3 Tournament and the Annual Easter Egg Hunt on April 8th.
The Councilman added that the Brielle Beach Improvement Project was on schedule and the clean-up date was set for March 25th. Board Chairman John Devereux would be taking out an ad and asking for assistance from residents. Coun. Bolger also thanked the Department of Public Works for their initial clean-up of the area which will make Recreation’s job easier.
Coun. Nolan noted that the plans for the 75th Anniversary of the Manasquan Inlet continued to go forward. Among the events being planned were a Triathlon, a Boat Parade and a Seafood Festival.
Coun. Nolan also referenced the Monmouth Regional Health Commission No. 1‘s Budget meeting which would be held on March 15th.
Coun. Shaak advised the pubic that in anticipation of the repavement of Ashley Avenue, New Jersey Natural Gas was replacing the gas mains along that roadway. Coun. Shaak also cited a meeting with George Harms Construction.
Coun. Shaak, Mayor Nicol, Chief Palmer, Traffic Safety Officer Kitchenman and the Administrator had all met with Mr. Harms and his staff to discuss the Route 70 Bridge Project. Coun. Shaak pointed out that George Harms Construction was known for its quality work and the recent bridge project in Belmar should not be viewed as a barometer for their work.
Coun. Shaak also noted that NJDOT was in charge of the project. Mr. Harm’s firm merely
executed the State plan. If residents had concerns they should be directed to the Department of Transportation and not the contractor.
Mayor Nicol interjected that he had spoken with representatives of NJDOT at the time the project was being bid and they had all hoped that Harms Construction would get the job due to their impressive track record and their ability to see that a job ran smoothly.
Coun. Garruzzo reiterated his appreciation to his colleagues for their assistance in preparing the 2006 Municipal Budget.
Coun. Lenzen cited the Public Safety Committee meeting with Guy Bounocore and members of the Robertson Douglas Group regarding a request to close Green Avenue to traffic for three weeks to permit the jacking of a water and sewer line under the Green Avenue Railroad Tracks.
Coun. Lenzen had assembled his colleagues, Coun. Bolger & Shaak, Chief Palmer, Traffic Safety Officer Kitchenman, Engineer Alan Hilla and the Administrator to review the request which he found “unacceptable”.
After considerable discussion it was agreed that, in order to excavate the jacking pits, and to comply with the New Jersey Transit schedule which only permitted the contractor to work under the tracks Wednesday through Friday, the street would have to close for one week. The rest of the time one lane would be kept open for traffic. The road would also be closed for one additional day when the new lines were connected to the water and sewer systems.
The benefit to the Borough was the upgrading of a six inch main to an eight inch main. Coun. Lenzen added that there would be no disruption to the existing service and the public would be advised of the time table. In closing Coun. Lenzen apologized for any inconvenience to the public.
There being no public comment, Coun. Garruzzo, seconded by Coun. Lenzen introduced Resolution 06-43 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.
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 March 13th, 2006, 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:
“Contracts”& Pending Litigation”.
Page 36 13th March 2006
3. It is anticipated at this time that the above stated subject matters will be made public in the near future.
The Executive Session began at 8:09 p.m. and ended at 8:55 p.m. The session was adjourned on a motion by Coun. Garruzzo, seconded by Coun. Lenzen.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 06-44 (see insertion) Vote: Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed. Note: Coun. Bolger abstained.
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 06-45 to ratify a settlement, as stipulated by the tax court, in the case of Borough of Brielle vs. Moosvi. Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed. Coun. Bolger abstained.
On a motion by Coun. Garruzzo, seconded by Coun. Nolan, the Borough Attorney was authorized to proceed to attempt to resolve a matter concerning L.O.S.A.P. in accordance with the parameters established during the Executive Session. All aye; no nays. Passed.
On a motion by Coun. Lenzen, seconded by Coun. Scott, James Harman was appointed to the Brielle Zoning Board of Adjustment as Alternate No. 1. All aye; no nays. Passed.
The Mayor then reopened the public portion of the meeting and recognized Edward Burke, 409 Union Lane, who voiced his concern over the proliferation of New Jersey Natural Gas street openings throughout the Borough. His objection was not to the openings, but the shoddy method of closure. Mr. Burke stated that the method they employed used an infrared machine to melt the existing asphalt and then to blend both the new and old asphalt together. The process was supposed to make the cut seem seamless, but in fact the openings frequently sagged; he suggested that the Department of Public Works inspect the New Jersey Natural Gas openings the same way they did water and sewer taps to ensure the street was probably closed
Council promised to look into the matter.
Mr. Burke also cited the new storm water management regulations and advised that a storm drain by his property on Melrose Avenue was continually clogged. Council said the matter would be referred to Public Works. Finally Mr. Burke complained about the condition of the state right-of-way along Evergreen Avenue; he asked if the Borough could clean it up. This request was also to be referred to Public Works.
There being no further comment the meeting was adjourned at 9:05 p.m. on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.
Approved: March 27th, 2006. ________________________________
Thomas F. Nolan