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A Community by the River

Borough of Brielle, NJ


April 10, 2006

October 27 2006

April 10, 2006

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MINUTES APRIL 10th, 2006 WORK SESSION START: 7:30P.M.

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

ABSENT: None.

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 he requested permission to add a resolution “C” to the consent agenda to permit the execution of the renewal of the Interlocal Agreement with Wall Township for the utilization of their Crisis Intervention Team.

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


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MINUTES APRIL 10TH, 2006 MEETING START: 7:32 P.M.

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, LENZEN, NOLAN, SCOTT & SHAAK ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

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. Scott, to accept and file the Minutes of the March 27th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-56 for passage of the Consent Agenda.

RESOLUTIONS
06-56 A. (see insertion).
06-56-B (see insertion).
06-56-C to authorize the Mayor & Clerk to execute an Interlocal Agreement with Wall Township for the utilization of their Crisis Intervention Team.

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-57 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 April 10th, 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 a hearing and further consideration of a “Ordinance to Amend Chapter II of the Code of the Borough of Brielle entitled “Administration”.

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

The Administrator explained that the Ordinance formalized the position and established the duties of Council Liaison. Coun. Scott interjected that the Ordinance would be very “helpful”. Coun. Bolger added that “it had already proved to be”.

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




Resolution No: 06-56-A Date: April 10th, 2006


RESOLUTION OF THE BOROUGH OF BRIELLE

Whereas, State Senate Bill #557 & State Assembly Bill #1886 would impose a Recycling Tax on solid waste generation in order to provide financial support for Municipal & County Recycling Programs, and

Whereas, this tax of $3.00 per ton would only be levied first, on the owner or operator of a solid waste facility for all solid waste accepted for disposal or transfer at the solid waste facility or, secondly on all solid waste accepted for transshipment or direct transportation to an out-of-state facility, and

Whereas, this tax would not be imposed on solid waste transported from an in-state transfer station from which the recycling tax as already been levied to an in-state solid waste facility for final disposal, and

Whereas, the estimated $34 million dollars that the tax will generate shall be deposited in the State Recycling Fund and 60% of these funds would be distributed to municipalities and 25% to counties as direct recycling grants, and

Whereas, it is in the public interest to improve the recycling rate throughout the State of New Jersey and such grants can be a tool to obtain that end.

Now Therefore Be It Resolved, that the Governing Body of the Borough of Brielle hereby endorses S#557 & A#1886 and the Municipal Clerk is directed to send copies of this Resolution to the Borough elected State Representatives.

Moved By:
Seconded:
Vote:
CERTIFICATION

The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on April 10th, 2006.

Witness my hand and seal of the Borough of Brielle this 11th day of April 2006.



_________________________
SEAL Thomas F. Nolan
Municipal Clerk

RESOLUTION NO: 06-56-B
DATE: APRIL 10th, 2006

BOROUGH OF BRIELLE
RESOLUTION

WHEREAS, LARMA CORPORATION, INC., WITH PREMISES LOCATED AT 622 GREEN AVENUE, HAS MADE APPLICATION FOR THE RENEWAL OF SEASONAL LIQUOR LICENSE #1308-34-003-005, FOR THE LICENSE PERIOD MAY 1ST, 2006 THROUGH NOVEMBER 30TH, 2006 INCLUSIVE, AND

WHEREAS. THE APPLICATION BEING COMPLETE, $1,390.00 FEE PAID TO THE BOROUGH OF BRIELLE, $200.00 FEE DUE TO THE STATE OF NEW JERSEY DIVISION OF ALCOHOLIC BEVERAGE CONTROL BEING ENCLOSED AND ALL MUNICIPAL AUTHORIZATIONS BEING IN PLACE. AND

WHEREAS, THERE HAVE BEEN NO OBJECTIONS LODGED TO THE RENEWAL OF THIS LICENSE.

NOW THEREFORE BE IT RESOLVED, THAT THE MUNICIPAL CLERK IS HEREBY AUTHORIZED TO ISSUE SAID LICENSE, AND

BE IT FURTHER RESOLVED, THAT DELIVERIES MAY COMMENCE ON APRIL 10TH, 2006, WITH THE UNDERSTANDING THAT NO SALES CAN BE MADE PRIOR TO MAY 1ST, 2006.


CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION, ADOPTED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON APRIL 10TH, 2006.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 11TH DAY OF APRIL 2006.




______________________________
THOMAS F. NOLAN
MUNICIPAL CLERK
SEAL




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Coun. Lenzen, seconded by, Coun. Nolan, introduced Resolution 06-58 for passage and adoption on final reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen, seconded by, Coun. Garruzzo introduced Resolution 06-59 to authorize publication of passage and adoption in the Coast Star according to Law. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, 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 Bond Ordinance No. 951”.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-60 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen. seconded by Coun. Garruzzo, introduced Resolution 06-61 to authorize publication of the foregoing ordinance in the Coast Star for a hearing to be held on April 24th, 2006 at 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, 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 III of the Code of the Borough of Brielle entitled “Police Regulations”.

Coun. Shaak, seconded by Coun. Nolan, introduced Resolution 06-62 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-63 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on April 24th, 2006 at 7:30 p.m. at Borough Hall. 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 was pleased that the Newsletter had arrived on April 1st and added that copies were available in the lobby of Borough Hall.

Coun. Scott cited her attendance at a recent meeting at the Monmouth County Office on Aging where seniors were being encouraged to take a course in safe driving. Coun. Scott was pleased to note that the Riverview Seniors, in conjunction with the Brielle Woman’s Club, were sponsoring three such courses in the coming weeks through AARP. Seventy-five seniors had enrolled.

Coun. Scott also cited the Governing Body’s endorsement of Resolution 06-56-A endorsing Senate Bill S557, the Recycling Enhancement Act. Coun. Scott explained that in 1987 a
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surcharge had been affixed to solid waste disposed of in Landfills, but incinerators were exempt so municipalities using that means of disposal did not pay the surcharge, but were still eligible for Tonnage Grants. The new system was more equitable and the tax would now be paid regardless of the source of the solid waste, so that waste that came from New York or Pennsylvania would also be subject to the surcharge

Coun. Scott noted that a higher percentage (60%) of the proposed tax would now go to municipalities while 20% would go to counties and thereby indirectly benefit the towns. The bill still had to wind its way through three Senate and three Assembly committees before it reached the Governor’s desk, but over a hundred municipalities had endorsed the legislation, along with the League of Municipalities and the Association of Counties so Brielle was in “good company”.

In closing, Coun. Scott observed that while heretofore Tonnage Grant funds had been derived from Clean Communities money, the new funding source would not only increase the amount available for Tonnage Grants, but restore Clean Communities to a proper level of funding. Coun. Scott saw this as a “win”.

Coun. Bolger congratulated the Board of Recreation on their annual Easter Egg Hunt and commented on the seamless transition from the scheduled Saturday event to the Sunday “rain date” and the placement of over 2,500 eggs.

Coun. Bolger noted that the Brielle First Aid Squad would be holding a fund raiser on May 6th. It would be a Yard Sale and donations would be accepted on May 1st & 2nd between the hours of 5:00 p.m. and 7:00 p.m.

Coun. Bolger added that the Squad would conduct its annual Blood Drive and hold an “Open House” to showcase new improvements to the building later in May.

Coun. Shaak advised the public that the new eight inch water main was being installed on Riverview Lane & Linden Lane. The line would replace the existing six inch line and be a benefit insofar as the Citron Estate and the Manasquan River Yacht Club. The line would enhance fire protection as a result of this work. After the line is installed both roads would be paved, followed by Ashley Avenue. The goal was to have all work completed prior to Memorial Day.

Turning to the Fire Company, Coun. Shaak cited a house fire on Leslie Avenue which was successfully contained, thereby saving the home. Coun. Shaak also cited a nine car accident on Route 70 on Sunday morning. An 8500 gallon tanker truck had malfunctioned and rear ended a vehicle causing a chain reaction. Fortunately there were no serious injuries, but Coun. Shaak noted that the Borough’s Emergency Response teams were “tested”.

Coun. Nolan advised that the Monmouth Regional Health Commission No. 1’s budget was being finalized and the addition of two new member towns should result in an across the board savings for the other members.
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Coun. Nolan noted that the upgrade of the Brielle Web Site was underway and the vendor had been authorized to move forward; he added that he had attended the School Board’s budget meeting and advised the public that two information centers would be held at the Brielle Fire House on Tuesday and Thursday evening.

Since neither Coun. Garruzzo or Lenzen had reports, the Chair opened the meeting to the public and recognized Ed McManus, 528 Woodland Avenue, who praised the First Aid Squad for their conduct on Sunday Morning noting that a co-worker’s father had been trapped in one of the vehicles involve in the accident. He cited Cheryl Shaak for her work during the extrication and reminded the public that, throughout the incident, 8500 gallons of volatile fuel was present.

Mr. McManus then addressed the Governing Body as the Business Administrator of the Brielle Elementary School and provided a brief overview of their budget. Enrollment at the Brielle Elementary School had increase by 200 students over the past eight years and while the other sending districts had remained flat, enrollment of Brielle students at Manasquan High School had increased. Mr. McManus also cited a change in demographics which saw an increased number of students in the south-west quadrant of the Borough which impacted on transportation costs.

On a positive note Mr. McManus cited a savings in health care costs that saw a 6% increase transformed into an 8% decrease for a savings of $126,000. State Aid had also increased by $62,000. The budget would provide for a new Fifth Grade Teacher who was required to meet state standards and $25,000 for capital improvements. The budget would increase 5.8%. In closing Mr. McManus added that eight candidates were vying for four seats so that the situation might appear to be contentious, but whatever the outcome the Brielle Elementary School would continue to be a resource for the community.

Coun. Nolan asked why the 5.8% increase. Mr. McManus cited 4.8% in negotiated salary increases, transportation costs, increased energy costs and the new Fifth Grade teacher.

Coun. Garruzzo asked what the 5.8% equated to in the tax rate. Mr. McManus replied 8.8 cents.

Jessie Eubank. 45 D Mount Laurel Lane, questioned Mr. McManus about transportation; she noted that the buses were often half-full. She asked if most parents were driving their students and. if so, why the need for buses?

Mr. McManus explained that it was a state mandate that all students two miles from the school he bused. The maximum number of students permitted on a bus was 54. In Brielle 60 students qualified and therefore two buses had to be provided. The Board of Education was attempting to seek a waiver on that requirement from the State.

Ron Ernish. 405 South Street, raised two issues. First, if the Borough had no funds available for a skate board park, why were they building a garage for $105,000? Second, if the C-2 Zone did not permit condominiums why were they being constructed at the former Hoffman’s marina? He added that Coun. Lenzen had stated that the code had changed, but his research indicated that it had not.
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The Mayor explained that the condominium issue had been addressed at the Board of Adjustment and the skate board issue was still being explored.

Dave Dupre, 1016 Riverview Drive, offered that an associate of his had run a skate board park, but he gave it up due to the high cost of insurance and safety issues. The number of patrons had to be regulated and an enforcement mechanism had to be in place; it was not a simple matter.

Coun. Nolan pointed out that the skate board issue was still being reviewed by the Board of Recreation. The discussion centered on the hours of operation, safety and insurance liability, but the matter was not closed.

Daniel Fallon, 1004 Forrest Road, cited the proposed increase in the School Tax Rate of 8.8 cents and asked why members of the Governing Body, who he classified as “part-time”, received health benefits? Given the State Budget crisis and the fact that state funding is frozen and the impending impact of the revaluation, Mr. Fallon saw the elimination of health benefits as a way of cutting cost. He added that the municipal tax increase of 2.2 cents could be reduced to 1.1 cents if this item of expense was eliminated.

Mayor Nicol stated that he would turn this matter over to the Council for review and a recommendation as to what Council Committee should study the matter.

Ron Ernish was again recognized and he explained that he was not asking for a skate board park; he merely wanted a designated area for kids to skate board. He felt that the kids deserved a safe place to skate and that time was of the essence.

There being no further comment the meeting was adjourned at 8:15 p.m. on a motion by Coun Garruzzo, seconded by Coun. Lenzen.



Approved: April 24th, 2006 __________________________
Thomas F. Nolan
Municipal Clerk


 

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