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A Community by the River

Borough of Brielle, NJ


May 22, 2006

October 27 2006

May 22, 2006

Page 63

MINUTES MAY 22nd, 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 asked Council’s permission to add two items to the consent agenda.

The additional resolutions would authorize the renewal of the Ship Wreck Inn, Liquor License and authorize the Administrator to execute a Sewer Extension Permit for the River Vue at Brielle project. Council agreed to add the resolutions to the agenda.

The Administrator also noted that there would be a need for an Executive Session to permit the Borough Attorney to review the status of a pending tax appeal.

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


Page 64

MINUTES MAY 22nd, 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 May 8th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 06-77 for passage of the Consent Agenda.

RESOLUTIONS
06-77 A (see insertion).
06-77-B (see insertion).
06-77-C (see insertion).
06-77-D (see insertion).
06-77-F (see insertion).
06-77-F (see insertion).
06-77-G (see insertion).

MOTIONS

A. To accept with regret the resignation of Sharon Emich from the Brielle Board of Recreation.
B. To appoint David Richardson to the Brielle Board of Recreation to fill the unexpired term of Sharon Emich through 12/31/05.

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

Coun. Garruzzo, seconded by Coun. Lenzen, introduced Resolution 06-78 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 May 22nd, 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.






RESOLUTION NO: 06-77-A
DATE: MAY 22nd, 2006

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-44-007-004, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $1,364.00 FEE DUE TO THE BOROUGH AND THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL RECEIVED, AND ALL MUNICIPAL REQUIREMENTS HAVE BEEN MEET, AND

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

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF JONATHAN RON, INC. T/A JONATHAN RON LIQUORS, FOR PREMISES LOCATED AT 629 HIGGINS AVENUE, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1st, 2006 THROUGH JUNE 30th, 2007.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON MAY 22nd, 2006.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 23rd DAY OF MAY 2006.





___________________________
THOMAS F. NOLAN
MUNICIPAL CLERK


SEAL




Resolution No: 05-55-B
Date: May 22nd, 2006

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, N.J.S.A. 40A: 5-4 requires the governing both of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2005 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Borough of Brielle, Thomas F. Nolan as per the requirements of N.J. S. 40A: 5-6, and a copy has been received by each member of the governing body, and

WHEREAS, R. S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs, and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations; and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Animal Audit entitled “Comments and Recommendations” as evidenced by the group affidavit form of the governing body attached hereto: and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than fort-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as Stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 -to wit:

R.S. 52:27BB-52 - A local officer or member of a local governing body who, after a date fixed for compliance, fills or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fine not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year. or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Mayor & Council of the Borough of Brielle. hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON MAY 22ND, 2006.



SEAL
______________________________
Thomas F. Nolan
Municipal Clerk



Resolution No:
Date: May 22nd, 2006

BOROUGH OF BRIELLE RESOLUTION

“CELEBRATE NEW JERSEY! MONTH (JUNE, 2006)”

Whereas, New Jersey’s people are resilient, hardworking, intelligent, generous, fun-loving, adventurous, tolerant and accepting of our state’s ethnic diversity and

Whereas, New Jersey has been the home or birthplace to many talented, heroic, and illustrious people including Walt Whitman, Bud Abbott, Lou Costello, Molly Pitcher, Frank Sinatra, Elizabeth Cady Stanton, Woodrow Wilson, Edwin “Buzz” Aldrin, Temperance “ Tempe” Wick, “Count” Basic, Charles and Anne Morrow Lindberg, Clara Barton, Millicent Fenwick, Yogi Berra and Thomas Edison; and

Whereas, New Jersey has the highest high school graduation rate in the nation (in a state of 8 million people, NJ is home to over 2,400 public schools, 1,200 private schools, 3 public research universities, 9 state colleges, 19 community colleges, and 14 independent 4-year colleges); and

Whereas, New Jersey is second to none in its opportunities for outdoor recreation (boating, swimming, hiking, kayaking, biking, canoeing, fishing) and horseback riding and racing events; and

Whereas, New Jersey has two world- class wetlands (the Great Swamp and the Meadowlands), a wilderness area as large as the Grand Canyon (the Pine Barrens), and), and world famous wildlife viewing Locations; and

Whereas, New Jersey is the place where the first dinosaur skeleton was discovered, the first motion picture produced, the first commercial blueberry grown, the first transistor invented, the first transatlantic fiber-optic cable laid, the first electric light bulb, the first successful naval submarine used, the first school of dog guides for the blind opened, and the first phonograph played; and

Whereas, New Jersey’s people have demonstrated patriotism, courage, skill, and tenacity, from the earliest European settlements to the exploits of the NJ militia and civilians during the American Revolution, to the highly decorated New Jerseyeans who fought during WW1 and WW11, to the battleship U.S.S. New Jersey (never defeated during its active duty in the Pacific), the Korean and Vietnam wars; and

Whereas, New Jersey’s maritime location and rich soils produce some of the finest cuisine found anywhere (celebrating Jersey Fresh and Jersey Seafood); is home to world famous snacks and treats like M&Ms, Oreos, Devil Dogs and Chuckles; and is the location of numerous food and wine festivals; and

Whereas, New Jersey’s gardens, arboretums, and parks are a never ending source of beauty and pride; our state theaters, artist, museums, and historic sites offer world class entertainment, enrichment, and education; and

Whereas, New Jerseys diversity is our strength, welcoming immigrants from all over the world, providing a favorable entry point into the American dream:

Now, therefore, I, do hereby proclaim


June, 2006
As CELEBRATE NEW JERSEY! MONTH






SEAL ___________________________
Thomas B. Nicol
Mayor




RESOLUTION NO: 06-77-D
DATE: MAY 22nd, 2006

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, the Borough of Brielle, acting as the agent for the Brielle Board of Recreation did award a bid to Mark Woszczak, Mechanical Contractors for the Improvements To Ball Fields At Brielle Elementary School, and

WHEREAS, the original bid price of $120,779.75 has been increased by $11,008.00 to cover the cost of additional work, and

WHEREAS, the Local Public Contracts Law requires that, when such additional work becomes necessary, a Change Order is required.

NOW THEREFORE BE IT RESOLVED, that the Borough Administrator is hereby authorized to execute Change Order No. 1 in the amount of $11,008.00, which increases the contract from $120,779.75 to $131,787.75.


CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on May 22nd, 2006.

Witness my hand and seal of the Borough of Brielle this 23rd day of May 2006.




__________________________
Thomas F. Nolan
Municipal Clerk


SEAL




RESOLUTION NO: 06-77-E
DATE: MAY 22nd, 2006

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, the Borough of Brielle, acting as the agent for the Brielle Board of Recreation did award a bid to Mark Woszczak, Mechanical Contractors for the Improvements To Euclid Avenue & Various Roadway & Drainage Improvements, and

WHEREAS, the original bid price of $158,103.00 was being increased by Change Order No. I in the amount of $25,000.00 and shall be further increased in the amount of $6,620.56 to cover the cost of additional work, and

WHEREAS, the Local Public Contracts Law requires that, when such additional work becomes necessary, a Change Order is required.

NOW THEREFORE BE IT RESOLVED, that the Borough Administrator is hereby authorized to execute Change Order No. 2 in the amount of $6,620.56, which increases the contract from $183,103.00 to $189,723.56.


CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on May 22nd, 2006.

Witness my hand and seal of the Borough of Brielle this 23rd day of May 2006.




__________________________
Thomas F. Nolan
Municipal Clerk
SEAL



RESOLUTION NO: 06-77-F DATE: MAY 22nd, 2006

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-005-004, AND

WHEREAS, THE APPLICATION IS COMPLETE, AND THE FEES DUE TO THE MUNICIPALITY AND THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL HAVE BEEN RECEIVED AND ALL LOCAL REQUIREMENTS HAVE BEEN MEET, AND

WHEREAS. THE GOVERNING BODY HAS BEEN MADE AWARE OF NOISE CONCERNS AT THIS LOCATION AND THE HOLDERS OF THE LICENSE HAVE AGREED TO THE IMPOSITION OF CONDITIONS TO ADDRESS THESE CONCERNS.

NOW THEREFORE BE IT RESOLVED, THAT THE FOLLOWING CONDITIONS ARE HEREBY IMPOSED ON LICENSE #1308-33-005-004 SHIP WRECK INN, LLC T1A SHIP WRECK GRILL:

1. ALL DOORS & WINDOWS SHALL BE KEPT CLOSED WHENEVER ANY LIVE MUSIC IS PLAYED.

2. REGARDING THE USE OF THE DECK AREA. ALL CONDITIONS IMPOSED BY THE BRIELLE PLANNING BOARD, REGARDING THE LIMITATION OF SERVICE ON THE DECK, AS STATED IN THEIR RESOLUTION (8/9/95), AND AS FURTHER MEMORIALIZED IN MUNICIPAL RESOLUTION 96-46-E, WHICH AUTHORIZED A PLACE-TO-PLACE TRANSFER TO PERMIT UTILIZATION OF THE DECK, SHALL BE INCORPORATED INTO THIS RESOLUTION AS ADDENDUM #1.

3. IN THE EVENT THERE IS ANY MODIFICATION OF THE CONDITIONS IMPOSED BY THE PLANNING BOARD, THE MUNICIPAL RESOLUTION SHALL MIRROR THESE CONDITIONS. BUT IT SHALL BE THE APPLICANT’S RESPONSIBILITY TO ADVISE THE GOVERNING BODY OF ANY SUCH CHANGE TO ENSURE THAT THE EXACT LANGUAGE IS INCOPORATED INTO ADDENDUM #1.


NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF SHIP WRECK INN. INC. T/A SHIP WRECK GRILL, FOR PREMISES LOCATED AT 720 ASHLEY AVENUE, BRIELLE. NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1st , 2006 THROUGH JUNE 30th, 2007.

C E R T I F I CA T I 0 N

THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON MAY 22ND, 2006.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 23RD DAY OF MAY 2006.




________________________________
THOMAS F. NOLAN
MUNICIPAL CLERK

Resolution No: 06-77-G
Date: May 22nd, 2006


Resolution of the Borough of Brielle

Be It Resolved, that the Borough Administrator is hereby authorized to execute A Sewer Extension Permit for the project known as River Vue at Brielle (aka) Hoffman’s Marina.


Certification

The foregoing is a true copy of a Resolution approved by the Brielle Mayor & Council at a meeting held on May 22nd, 2006.

Witness my hand and seal of the Borough of Brielle this 23rd day of May 2006.





__________________________
Thomas F. Nolan
Municipal Clerk


SEAL



Page 65

Mayor Nicol called for Committee Reports and recognized Coun. Scott who cited her attendance at a presentation, sponsored by Birdsall Engineering, on a new asphalt product which could be utilized to replace the existing payers in the Higgins Avenue crosswalks. The product duplicated the color and texture of the existing payers and could be installed with minimal disruption to traffic.

Coun, Scott reminded the public that leaf season had ended and would not be resumed until October 1st. Leaves could not longer be placed at the curb for collection.

Coun. Scott also cited the presence of dog feces at Constitution Park and urged residents to curb their dogs as required by ordinance. Coun. Scott noted that she was still seeking volunteers to assist in maintaining the four corners and added that she was currently being assisted by one young mother whose time was limited due to family responsibilities and her job.

Coun. Scott also lamented the fact that the proposed interlocal agreement with Manasquan for shared managerial services was not going forward at this time, but she recognized that it was a bigger step for Manasquan than for Brielle and she observed that the concept was “not dead”.

In closing, Coun. Scott reminded the public to be wary of phone solicitations for donations to alleged police organizations. The Brielle Police had informed her that the local PBA never solicits by phone and many of these organizations are bogus.

Coun. Nolan advised that the web-site should be updated by mid-June and that the 75th Anniversary Celebration of the Manasquan Inlet was on track. Coun. Nolan cited a number of events planned to commemorate the event, such as ninety minute Ecology Tours conducted by Rutgers & Monmouth University, additional tours by the Monmouth County Park Rangers, historical exhibits sponsored by Squan Village Historical Society along with exhibits by the Point Beach & Brielle Historical Societies, and the Boat Parade which was scheduled for August 22nd from 6:30 to 9:30 p.m. Coun. Nolan added that he had met with the Brielle Chamber of Commerce to encourage “in-town” activities during the commemorative observance which would run from June through August.

Coun. Nolan noted that the First Aid Squad Blood Drive had been a great success and he praised the Board of Recreation for the success of their soccer program which was patronized by over six hundred youngsters each Saturday at Brielle Park. The councilman also commented on the Boy Scout outing, the first without rain in many years, and the Chamber of Commerce Fishing Tournament slated for June 9th through the 11th.

Coun. Nolan cited Coun. Scott’s report and added that the asphalt/latex material she referenced was ideal as a replacement for the pavers which were a maintenance problem; he hoped that the project would commence in the near future.

In closing, Coun. Nolan noted that the “Ad Hoc” Committee on Health benefits was continuing to gather data and planned to have a full report to the Governing Body by mid-June.
Page 66

Coun. Bolger observed that the First Aid Squad’s Blood Drive had been a great success with some sixty donors giving blood. Their Yard Sale had also been successful and had raised funds for a very worthy cause. Coun. Bolger also reminded the public that sign-up for the Summer Recreation program would be held on Saturday, May 27th at Brielle Park.

Coun. Shaak also cited the success of the Blood Drive and noted that Coun. Bolger had been two modest to mention that he, along with his wife and daughter, had set up an informational booth to disseminate information on organ donations. Coun. Shaak added that Coun. Bolger was “living proof” of the program’s importance. Coun. Bolger interjected that “living” was the operative word.

Coun. Shaak also noted that three of the “bagged” fire hydrants on Fisk Avenue had been repaired and the fourth would be shortly. The problem resulted from the supplier giving the contractor hydrants with the wrong threads. The problem was being resolved and, at no time, was there a threat to the public safety.

Coun. Shaak also cited a conversation with Assemblyman Kean’s office regarding the painting of the Route #35 overpasses at Ashley Avenue & Route #71. The project had been delayed, but was still on the schedule and the work should be completed in the Fall. Coun. Shaak added that both Linden Lane & Riverview Lane had been repaved and Ashley Avenue should be paved before Memorial Day.

Coun. Garruzzo had no report, but he cited the success of the Cub Scouts Spaghetti & Meat Ball Dinner, with some three hundred meals being served, and he thanked Joe Leone for his contribution to the event.

Coun. Lenzen cited a recent robbery on Birch Drive and thanked Carol Stark for placing information on the web that helped the police apprehend the culprits. The Brielle Police had done a fine job in bringing these criminals to justice and it was anticipated that the stolen property would soon be recovered.

Mayor Nicol opened the meeting to the public and recognized Daniel Fallon, Forrest Road, who thanked Coun. Nolan for addressing the health benefits issue, but asked why the need for research? Couldn’t the Council simply give up the benefits without the need for any investigation? He added that they had no problem in cutting $200,000 from the school budget. Why spend so much time on the health benefit issue?

Coun. Nolan explained that the Council wanted to be sure to make the right decision and this required the review of the available data and a careful evaluation of the issue.

There being no further comment, Mayor Nicol advised that the need had arisen for an Executive Session.

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-79 to authorize an
Page 67 May 22nd, 2006

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 May 22nd, 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:
“Tax Appeals”.

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 7:55 p.m. and ended at 8:00 p.m. The session was adjourned on a motion by Coun. Lenzen, seconded by Coun. Nolan.

On a motion by Coun. Scott, seconded by Coun. Nolan, the Borough Attorney was authorized to proceed to seek resolution of the tax appeal as discussed in the Executive Session; all aye. No nays. Coun. Bolger abstained.

The meeting was adjourned at 8:01p.m.on a motion by Coun. Garruzzo, seconded by Coun. Lenzen.





Approved: June 12th, 2006. ____________________________
Thomas F. Nolan
Municipal Clerk

 

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