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A Community by the River

Borough of Brielle, NJ


June 26, 2006

October 27 2006

June 26, 2006

Page 79

MINUTES JUNE 26th, 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.

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



Page 80

MINUTES JUNE 26th, 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. Garruzzo, to accept and file the Minutes of the June 12th, 2006 Meeting. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye.

Mayor Nicol announced that the time had arrived for the continuation of a hearing on an application, submitted by Verizon New Jersey, Inc., for Municipal Consent for the operation of a Cable Television System in the Borough of Brielle.

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

The hearing began at 7:33 p.m. and ended at 7:45 p.m. Attorney Montenegro noted that the hearing had been carried from June 12th to permit the Council further review of this matter and to seek additional public comment.

Coun. Lenzen asked the Attorney if, given the status of the pending state legislation on this issue, if the matter was mute?

Mr. Montenegro advised that once the legislation was signed there would no longer be need for municipal consent. However, at this juncture, the bill had not been signed so Council still had the option to act or to carry the matter for thirty days.

Coun. Shaak asked if the issue over the completeness of the application had been resolved? The Administrator offered that he believed it had and noted that the Board of Public Utilities still had ultimate jurisdiction in this matter and they would not sanction an ordinance if the application was not complete.

Mr. Sam Cullari of Cablevision was recognized and he stated that the application was not complete and he and his supervisor, Mr. Falk, had communicated that fact to the Council at the last meeting and had sent a further communication to the Borough Attorney advising him to seek additional information from Verizon.

Mr. Montenegro acknowledged receipt of the correspondence.

The Attorney for Verizon, Christine Petronell, interjected that the application had been filed with the B.P.U. on March 20th and that agency, which has ultimate jurisdiction, has not questioned the completeness of the application. She added that while Cablevision had apparently raised this
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issue with the Borough via correspondence, they had never copied either the B.P.U. or Verizon.

Coun, Bolger cited copies of letters from the Board of Public Utilities forwarded to the Borough by Verizon from other communities where the question was raised and addressed. He asked why Brielle had not received such a letter from the B.P.U.?

Ms. Petronell stated that these municipalities had requested input from the B.P.U.; she assumed Brielle had not. (Subsequently, Attorney Montenegro stated that he had received similar correspondence from Nancy Wolf of the B.P.U.’s Office of Cable Television).

Coun. Lenzen noted that Cablevision provided television outlets to the school, the DPW and Police. Would Verizon provide such service and will they include other locations such as the Curtis House and the Fire & First Aid Buildings? Verizon said that it would as part of the approval process. The Borough had simply to provide a list of locations.

Dave Dupre, Riverview Drive, felt that the Council should not take any action until additional vendors had an opportunity to be involved in the process? Attorney Montenegro explained that, regardless of any approval of the Verizon application, other vendors were free to seek a franchise in Brielle. Mr. Montenegro also noted that the deadline for the completion of the hearing process was July 19th, 2006.

Coun. Lenzen suggested carrying the hearing for thirty days and made a motion to that effect. Coun. Nolan asked if it appeared that the matter would be resolved in Trenton before that date? Mr. Montenegro said it was probable, but nothing was certain.

Coun. Scott asked what advantage there was in waiting thirty days? Coun. Lenzen felt that the matter might be resolved on the state level by then. Coun. Shaak agreed with Coun. Scott that there was no advantage in delay. When asked if cablevision thought that the bill would be signed, Mr. Cullari acknowledged that they thought that it would be.

Coun. Lenzen’s motion did not receive a second and Coun. Scott, seconded by Coun. Shaak, moved that the hearing be closed.

Coun. Scott, seconded by Coun. Shaak, introduced resolution 06-86 to affirm the application and accept it under the provisions of the municipal consent process. The resolution also authorized the Borough Attorney to prepare a resolution of approval and a municipal consent ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.




Page 82

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-87 for passage of the Consent Agenda.

RESOLUTIONS
06-87-A (see insertion).
06-87-B (see insertion).
06-87-C (see insertion).

MOTIONS



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

(Note: Regarding Resolution “C”, the Administrator explained that passage of the resolution was a NJDOT requirement. Coun. Lenzen stated that the police worked for NJDOT on their own time and the state reimbursed the Borough for that expenditure along with an administrative fee.)

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 06-88 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 June 26th, 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 an “AN ORDINANCE TO AMEND CHAPTER XX OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED”

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

The Administrator explained that the Ordinance addressed the land use issues created by the placement of oversized structures on residential lots. Coun. Nolan, speaking as a veteran of the Zoning Board felt that it was a positive move.

Janice Wurfel, Green Avenue, asked if it would affect an individual property owner’s ability to subdivide a lot? The answer was “no”.

The hearing was adjourned on a motion by Coun. Scott, seconded by Coun. Shaak.

Coun. Scott, seconded by, Coun. Shaak, introduced Resolution 06-89 for passage and adoption on final reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Lenzen, Nolan, Scott & Shaak; all aye. No nays. Passed.

RESOLUTION NO: 06-86-A
DATE: JUNE 26th, 2006

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-011-005, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $1,866.00 FEE DUE TO THE BOROUGH OF BRIELLE AND THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, HAVE BEEN RECEIVED AND ALL OTHER 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 PIANCONE HOSPITALITY GROUP, LLC, T/A PIANCONE’S SOUTH, FOR PREMISES LOCATED AT 110 UNION AVENUE (ROUTE #71), BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS HEREBY AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE PERIOD JULY 1st, 2006 THROUGH JUNE 30th, 2007.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED AT A METING OF THE BRIELLE MAYOR & COUNCIL HELD ON JUNE 26th, 2006.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 27th DAY OF JUNE 2006.



_____________________________
THOMAS F. NOLAN
MUNICIPAL CLERK


SEAL



Resolution No: 06-87-B Date: June 26th, 2006

Borough of Brielle Resolution

Whereas, an application has been made for the renewal of Liquor License #1308-33-002-008 C.G. Mass, Inc. T/A Sand Bar, and

Whereas, the application is complete, the $1,866.00 fee due to the Borough of Brielle and the $200.00 fee due to the State of New Jersey, Division of Alcoholic Beverage Control, being received and all Municipal requirements have been complied with, and

Whereas, no objections to the renewal of this license have been received.

Now Therefore Be It Resolved, that the application of C.G. Mass, Inc. T/A Sand Bar, for premises located at 201 Union Lane, Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue said license, for the license year July 1st, 2006 through June 30th, 2007, subject to the following conditions hereby imposed by the Governing Body of the Borough of Brielle:

1. The conditions imposed by the Brielle Planning Board Resolution, dated May 6th, 1995 and incorporated into the text of this resolution as Addendum #1 (attached) shall continue to apply to this liquor license and shall be strictly enforced. The license holder shall abandon the area known as the West Deck for service and/or consumption of food and alcoholic beverage and any other business purpose. The applicant shall not place any tables, chairs or similar devices on the west deck.

2. No alcoholic beverage is to leave the licensed premises in an open container. The management of the Sand Bar is required to monitor all points of ingress or egress to ensure that this condition is met.

3.) All doors and windows of the Sand Bar shall be kept closed after 7:00 p.m. (Prevailing Time) whenever live, canned or amplified music is played.

Certification

The foregoing is a true copy of a Resolution adopted by the Brielle Mayor & Council at a meeting held on June 26th, 2006.

Witness my hand and seal of the Borough of Brielle this 27th day of June 2006.



_________________________
Thomas F. Nolan
Municipal Clerk
SEAL
Resolution No: 06-87-C Date: June 26th, 2006


Resolution of The Borough of Brielle

RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND THE BOROUGH OF BRIELLE.

WHEREAS, the State of New Jersey intends to undertake a project known as Route #35 Manasquan River Bridge Deck Replacement within the Borough of Brielle, and

WHEREAS, the project proposed by the State of New Jersey Department of Transportation may require the use of municipal police for work zone safety operations supplementing the traffic control plan established under the contract for construction of the project, and

WHEREAS, the State of New Jersey Department of Transportation has requested that the Borough of Brielle enter into an agreement that costs for the Borough of Brielle Police incurred in connection with the project shall be paid directly to the Borough of Brielle by the State of New Jersey Department of Transportation pursuant to an agreement attached hereto.

NOW THEREFORE BE IT RESOLVED, by the Mayor & Council of the Borough of Brielle, in the County of Monmouth, and the State of New Jersey, that the Mayor & Clerk are hereby authorized to execute an agreement between the State of New Jersey Department of Transportation and the Borough of Brielle to provide for the direct payment to the Borough of Brielle of costs incurred on the Route #35 Manasquan River Bridge Deck Replacement construction project for municipal police services in the form attached hereto.



Adopted: June 26th, 2006




Attest: ____________________________ ________________________
Thomas F. Nolan Thomas B. Nicol
Municipal Clerk Mayor




Page 83

Coun. Lenzen, seconded by, Coun. Garruzzo, introduced Resolution 06-90 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 then announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER XXI OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED, “ZONING”.

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

The Administrator explained that the Ordinance complemented the prior ordinance in the effort to prevent the proliferation of oversized homes on building lots in Brielle.

Jack Baatz, Aileen Road, asked if the ordinance limited the footprint on new construction? The Administrator advised that it changed the maximum floor area ratio in all zones to 0.5. Coun. Lenzen added that it had more to do with the height of structures and preventing enterprising architects from adding a third floor to a structure.

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

Coun. Lenzen, seconded by Coun. Garruzzo, introduced Resolution 06-91 for passage on second and 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 06-92 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 called for committee reports and recognized Coun. Scott who advised the public that the Public Works Yard would be closed on Monday July 3rd as the teamsters contract provided that they receive Monday off when the Fourth of July falls on a Tuesday. Coun. Scott lamented the demise of a large tree in Brielle Park that had been struck by lightning: it left a big empty space and would be sorely missed.

Coun. Scott also cited JCP&L’s bulb replacement project to enhance lighting throughout the Borough and New Jersey Natural Gas’s work on Schoolhouse Road in anticipation of the scheduled repaving.

In closing, Coun. Scott informed the public that the Newsletters were at the Post Office ready to be mailed, and she complemented the DPW for an excellent job painting the lines at the Higgins Avenue crosswalks.

Coun. Bolger having no report, Coun. Shaak cited the paving of Schoolhouse Road and noted that the bridge deck was not included in the project as NJDOT had advised the Borough
Page 84

Engineer that the Borough would be responsible for any damage to the structure and would be required to bring the bridge up to current standards. This cost was beyond the scope of the project.

Coun. Nolan asked if this meant that the bridge deck would not be paved? Coun. Shaak said that was correct. However, he was working with the Borough Engineer and Assemblyman Sean Keane’s office in an effort to resolve the problem.

Coun. Nolan was recognized and he praised Scout Master Tobin and his troop who had conducted a clean-up of Higgins Avenue and he reminded the public that the Seventy-Fifth Anniversary of the Manasquan Inlet would kick-off at 6:00 p.m. on June 27th with a presentation at the Coast Guard Station.

Coun. Nolan also praised the Board of Recreation for their conduct of the Annual Family Picnic. The event was well attended despite the weather and had been “fun for everyone”.

Coun. Nolan then issued the “Ad Hoc” Committee Report on Health Benefits.

The “Ad Hoc” Committee has taken a long hard look at the issue of Health Benefits for Elected Officials and has made the following findings of fact:

Health Benefits have been offered to Elected Officials in Brielle for, at least, the past twenty-five years. Does this Governing Body have the right to make a decision that will be binding on all future Governing Bodies? The Committee does not believe that it has. The option to accept the benefit package should remain a matter of individual choice.

The practice is not unique to Brielle. Based on a survey conducted by the committee, 49% of Monmouth/Ocean County Municipalities offer health benefits to their elected officials.

The Committee believes that Elected Officials are “full-time” employees. They are on call 24/7 and they have an obligation to be available to their constituents. The contract between the elected official and the resident is an integral part of the democratic process. The elected official freely enters into this contract and accepts the moral obligation to honor it. The fact that some compensation is offered for this service is sanctioned by custom and this practice is not unreasonable as the requirements of office continue to expand in this post 911 world. Unlike his fellow citizens, the elected official is required by law to disclose all sources of income and to comply with an ethical code of conduct far more stringent then that found in any other sector of American Life; this is the price they pay for their willingness to serve the public. The compensation received by the elected officials of the Borough of Brielle has not had an adverse impact on the tax rate which has remained stable over the last twenty years.
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The Committee believes that this issue has to be viewed in perspective. The Mayor & Council control 26% of the tax dollar. This figure has remained constant over the years and we believe that it is evidence of the good stewardship of the Governing Body. Elected Officials do not receive any additional compensation, only that which has been established by past practice, and that, in the case of health benefits, remains optional.

During the course of its deliberations the committee has received a number of unsolicited letters from Brielle residents in support of maintaining the current practice of offering health benefits to elected officials.

The consensus and the recommendation of the “Ad Hoc” Committee is that the Borough continue the past practice of providing elected officials the option to enroll in the Borough’s Health Benefit Plan.

Coun. Lenzen offered the public some recent statistics on the performance of the Brielle Police Department; he cited the following items for the period January 1st through May 31st, 2006:

Arrests 98
D.W.1. 41
Summonses Issued 1,051
Cases Initiated 1,330

Coun. Lenzen felt that these statistics were a good indication of the high caliber of the Brielle Police force.

Coun. Garruzzo having no report, the meeting was opened to the public and the Chair recognized Mr. Daniel Fallon, Forrest Road. Mr. Fallon stated that he was disappointed with the decision of the “Ad Hoc” Committee and he asked if the committee had entertained other options such as coverage for the elected official, but not the spouse or family members? Mr. Fallon also cited the reference to letters received from residents; he asked if these letters had been solicited? Had the committee requested public input by way of an advertisement in the press? Mr. Fallon also reiterated his request that the matter be placed on the ballot in November as a referendum question.

Coun. Nolan stated that the Council was always prepared to entertain any communication from the public and added that referendum issue would be investigated “if need be”.

The Chair recognized E. Bruce Wetzel, 822 Post Road, who stated that his grandfather had moved to Brielle in 1951. His father had moved here in 1961 and Mr. Wetzel had been a resident since 1967. His father had served on Council for nine years and he had served for five and a half. He asked rhetorically “Why did we move to Brielle?” He offered that the reason was the honesty and fiscal integrity of the Governing Body.

Page 86 26th June 2006

Mr. Wetzel then cited the April 2006 issue of New Jersey Magazine that ranked Brielle 7th among 56 Monmouth County Municipalities as a “best place to live”. Statewide, Brielle ranked 45th out of 566 municipalities.

Mr. Wetzel attributed these ranking to good government. He added that, as a taxpayer, he had no problem with the Governing Body receiving health benefits. He noted that 49% of municipalities in Monmouth & Ocean County provide them to elected officials.

Mr. Wetzel said that he did a little homework and based on his assessment; it cost 6 cents a day to provide health benefits to the council members; he felt that was a miniscule amount in exchange for the services received. Brielle was a “wonderful” town to live in and he attributed that fact to good government.

Carol Stark, Riverview Drive, was recognized and she thanked the Council for their prompt attention to her request for a gate at Carpenter’s Park.

Chris DeCresce, Union Lane, rose and he thanked the Council for the excellent paving job on Ashley Avenue.

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



Approved: July 10th, 2006
__________________________
Thomas F. Nolan
Municipal Clerk








 

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