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A Community by the River

Borough of Brielle, NJ


March 27, 2006

October 27 2006

March 27, 2006

Page 38

MINUTES MARCH 27th, 2006 WORK SESSION START: 7:30P.M.

PRESENT: Mayor Nicol, Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak. Attorney Montenegro & Administrator Nolan.

ABSENT: Coun. Nolan.

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised Council that he had nothing to report, but asked permission to add a motion to the consent agenda to permit the VFW to conduct their annual “Buddy Poppy” drive in Brielle. Council granted permission. The Administrator also advised that there was a need for an executive session to discuss pending litigation.

The session was adjourned at 7:31 p.m. on a motion by Coun. Garruzzo seconded by Coun. Lenzen.



Page 39

MINUTES MARCH 27th, 2006 MEETING START: 7:32 P.M.

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, LENZEN, NOLAN, SCOTT & SHAAK ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN. (NOTE: COUN. NOLAN ARRIVED AT 7:40 P.M.)

ABSENT: NONE.

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 March 13th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-46 for passage of the Consent Agenda.

RESOLUTIONS
06-46-A. to authorize Recycling Coordinator William Burkhardt to submit the Annual Tonnage Grant Application.

MOTIONS

A. To permit Manasquan VFW Post #1838 to conduct their annual “Buddy Poppy” Drive in Brielle between May 10th and May 29th, 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, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen, seconded by Coun. Shaak introduced Resolution 06-47 to amend the 2006 Municipal Budget (see insertion) Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak: all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 06-48 for the adoption of the 2006 Municipal Budget (see insertion). Vote: Coun. Garruzzo, Lenzen, Scott & Shaak all aye. No nays. Passed. (Note: Coun. Bolger abstained as he had not been part of the initial budget process which began in October 2005 prior to his election and medical reasons had prevented him to actively participate in the budget process.)

Coun. Scott, seconded by Coun. Garruzzo, introduced Resolution 06-48-B (see insertion) Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak; all aye. No nays. Passed.





Resolution No: 06-46-A
Date: March 27th, 2006


RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987 c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection and Energy has promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and -keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, A resolution authorizing the Borough of Brielle to apply for such tonnage grants for calendar year 2005 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Borough of Brielle to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual- authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Brielle hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and Energy and designates William A. Burkhardt, Jr. to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to-be used solely for the purposes of recycling.

Resolution offered by: Coun Lenzen, Seconded by Coun. Garruzzo

Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak (Absent: Coun. Nolan)




CERTIFICATION

The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a Meeting held on March 27th, 2006.

Witness my hand and seal of the Borough of Brielle this 28th day of March 2006.




___________________________
Thomas F. Nolan
Municipal Clerk
SEAL




Resolution No: 06-47
Date: March 27th, 2006

BOROUGH OF BRIELLE

COUNTY OF MONMOUTH

WHEREAS, the local municipal budget for the year 2006 was approved on the 13th day of February, 2006, and

WHEREAS, the public hearing on said budget has been held as advertised, and

WHEREAS, it is desired to amend said approved budget, now

THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Brielle, County of Monmouth, that the following amendments to the approved budget of 2006 be made.

Recorded Vote
(Insert Last Names)
( ( (
Ayes ( Nays ( Abstain (
( ( (
( ( Absent (

From To
3. Miscellaneous Revenues Section B State Aid
Without Offsetting Appropriations
Consolidated Municipal Property Tax Relief Aid $ 125,006.00 $ 101,014.00
Energy Receipts Tax 280,621.00 304,613.00
Section G Special Items of General Revenue
Anticipated wit Prior Written Consent
Utility Operating Surplus of Prior Year -0- 79,000.00
Water-Capital Surplus 79,000.00 -0-
Water-Sewer Utility
Operating Surplus Anticipated 230,498.96 151,498.96
Special Items:
Water Capital Surplus -0- 79,000.00

BE IT FURTHER RESOLVED, that three certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services for his certification of the local municipal budget so amended.

It is hereby certified that this is a true copy of a Resolution amending the budget, adopted by the Governing Body on the 27th day of March 2006.


____________________________
SEAL Thomas F. Nolan
Municipal Clerk
Resolution No: 06-48
Date: March 27th, 2006



BE IT RESOLVED, by the Borough Council of the Borough of Brielle, County of Monmouth that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: $4,264,000.00 for municipal purposes.

Vote: Coun. Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. None absent. Coun. Bolger abstained.


Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on March 27th, 2006.

Witness my hand and seal of the Borough of Brielle this 28th day of March 2006.





__________________________
Thomas F. Nolan
Municipal Clerk
SEAL



Resolution No: 06-48-B
Date: March 27th, 2006


BOROUGH OF BRIELLE

COUNTY OF MONMOUTH



BE IT HEREBY RESOLVED that the following cancellations be made in the 2006 Municipal budget

Anticipated Revenues:
Stormwater Grant $ 6,822.00

Appropriations:
Stormwater Grant $ 6,822.00

AND, BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Director of the Division of Local Government Services.



_________________________
Thomas F. Nolan
Municipal Clerk

Certified as adopted at a
Meeting on March 27, 2006




Page 40

(Note: At this juncture, Coun. Shaak was appointed to the Finance Committee for purposes of this meeting.)

Coun, Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-49 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 27th, 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, Scott & Shaak; aye. No nays. Passed.

Mayor Nicol then announced that the time had arrived for a hearing and further consideration 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”.

The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Lenzen.

The Administrator explained that the Ordinance permitted the Borough to implement the Capital Portion of the 2006 Municipal Budget.

Coun. Shaak cited a recent article in the Coast Star which made it appear that the entire $125,000 was for Fire Company equipment, the fact was that only $20,000 was earmarked for the Fire Company.

John Roland, 612 Harris Avenue, questioned the need for the proposed Public Works Garage. Was it intended to house two pick-up trucks? Superintendent Burkhardt being present, he advised that the building would be used to house the Packer truck and a Dump Truck. While some vehicles remained in the open, it was always better to keep them garaged as it added to their longevity.

The hearing was adjourned on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.

Coun. Lenzen, seconded by, Coun. Garruzzo, introduced Resolution 06-50 for passage and adoption on final reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen, seconded by, Coun. Garruzzo, introduced Resolution 06-51 to authorize publication of passage and adoption in the Coast Star according to Law. Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak: all aye. No nays. Passed.

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “An Ordinance to Amend Chapter II of the Code of the Borough of Brielle entitled “Administration”.
Page 41

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-52 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen. seconded by Coun. Garruzzo, introduced Resolution 06-53 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on April 10th, 2006 at 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Lenzen, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised that the Newsletter was at the printer and this issue would contain an insert, printed on heavy stock, which would provide a calendar of all Public Works Department activity from recycling to hazardous waste. Residents could post it on their bulletin boards or refrigerator doors for easy reference.

Coun. Bolger cited his meeting with the Shade Tree Commission and advised residents that Spring was planting season. The Shade Tree Commission had trees available for planting, although they had to be planted in the municipal right-of-way. Interested parties could find more information in the upcoming edition of the Coast Star and on the Borough Reader Board.

Coun. Scott was again recognized and she reminded the public that Brielle would be holding its own revaluation meeting at the Curtis House on May 1st, unlike the March Meeting, this one would be tailored to the residents of Brielle.

Coun. Shaak advised the public that Green Avenue would be closed throughout the week due to the installation of a new water main.

Coun. Shaak cited his on-going dialogue with George Harms Construction and warned the public to expect some noise as pile driving had begun for the new bridge.

Turning to the Fire Department, Coun. Shaak noted that he had taken Coun. Bolger on a tour of the Fire House and explained the Company’s history, its operations and its needs; he termed the tour “educational” and Coun. Bolger thanked him for the tour.

In closing Coun. Shaak cited the Fire Company’s Annual Dinner Dance and the fact that Ed Convery, a veteran with forty years service to his credit, was honored as Fireman of the Year.

Coun. Nolan advised that the M.R.H.C.#1 Budget was being finalized and that he, along with Coun. Bolger, had joined the Recreation Commission in the clean-up of Brielle Beach. Approximately fifteen volunteers had participated and the area was “pretty clean” according to Coun. Nolan. The Councilman also thanked the Department of Public Works for their participation.

Coun. Nolan added that the update to the web site was proceeding on schedule and he was
Page 42 27th March 2006

working with the Borough Engineer, Alan Hilla, to address the problem of the Higgins Avenue crosswalks. They were reviewing a new technique that employed asphalt with a color coating that simulated pavers as a possible alternative to the existing ones that tended to crack and become displaced with bad weather.

Since neither Coun. Garruzzo or Lenzen had reports, the meeting was opened to the public and Dave Dupre, 1016 Riverview Drive, was recognized and he inquired about the Jug Handle at Riverview Drive & Route #70. The Mayor explained that NJDOT planned to add a third right turn only lane, while maintaining the two existing lanes for left turn lanes. The work had been incorporated into the Route #70 Bridge construction.

Mr. Dupre asked why vehicles just could not travel straight across onto Ramshorn Drive and why there was no deceleration lane on Route #70 West?

The Mayor advised that NJDOT had rejected the first option as unsafe, but it was his understanding that a deceleration lane was planned for the west side of Route #70.

Jean Holmes, 407 Riverview Lane, asked when Clean-up Week was and why it was not on the web-site. Coun. Scott advised the week of May 1st and Coun. Nolan added that he was sure it was on the web-site, but access would be made easier as part of the upgrade of that site.

Coun. Lenzen, seconded by Coun. Nolan introduced Resolution 06-54 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 27th, 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:
“Pending Litigation”.

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 8:00 p.m. and ended at 8:30 p.m. The session was adjourned on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-55 to authorize the Borough Attorney to proceed in the matter Brielle v. Khorrami as discussed in Executive
Page 43

Session. Vote: Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed. Note: Coun. Bolger abstained.

The meeting was adjourned at 8:32 p.m. on a motion by Coun. Lenzen, seconded by Coun. Garruzzo.



Approved: April 10th, 2006 _________________________
Thomas F. Nolan
Municipal Clerk


































 

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