www.briellenj.com
A Community by the River

Borough of Brielle, NJ


December 11, 2006

December 29 2006

December 11, 2006

Page 159

MINUTES DECEMBER 11th, 2006 WORK SESSION START: 7:30PM

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, 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 the Council that there was an amended Consent Agenda which clarified Resolution “F” and he requested permission to add a Resolution “G”. The Administrator also noted that the amount of the “Safe Routes To School” grant application, in Resolution “B” was $180,631.00.

The Administrator added there would be a need for an Executive Session to permit the Borough Attorney to update the Council on contract negotiations and to discuss a personnel matter.

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

Page 160

MINUTES DECEMBER 11TH, 2006 REGULAR MEETING. START: 7:32 P.M.

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

ABSEBT: None.

Mayor Nicol convened the meeting in compliance with the Open Public Meetings Act and asked for a motion, made by Coun. Garruzzo and seconded by Coun. Shaak, to accept and file the minutes of the November 27th, 2006 meeting; all aye.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 06-140 for passage of the Consent Agenda.

Resolutions:

06-140-A to authorize the Brielle Uniform Police Officers Association to participate in the VSP Vision Plan, at no cost to the Borough.
06-140-B to authorize the Borough Engineer to submit a grant application for funding through the State of New Jersey’s Safe Routes to School Program.
06-140-C to authorize the Manasquan Juvenile Conference Committee to utilize the Council Chambers on the third Wednesday of each month.
06-140-D (see insertion).
06-140-E (see insertion).
06-140-F (see insertion).
06-140-G (see insertion).

Motions:

None.

Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed. (Note: Coun. Shaak abstained on Resolution “D” due to membership in the First Aid Squad.)

Coun. Garruzzo, seconded by Coun. Scott, then introduced Resolution 06-142, TO TRANSFER FUNDS (see insertion).Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.

Resolution No: 06-140-B
Date: December 11th, 2006

BOROUGH OF BRIELLE RESOLUTION
NEW JERSEY DEPARTMENT OF TRANSPORTATION
FEDERAL AID SAFE ROUTES TO SCHOOL PROGRAM

WHEREAS, the federally funded Safe Routes to School (SRTS) Program strives to empower communities to make walking and bicycling to school a safe and routine activity by making funding available for a wide variety of projects and activities that support and encourage students to walk and bicycle to school; and

WHEREAS, in New Jersey, these funds are available through and administered by the New Jersey Department of Transportation (NJDOT) and can be used to fund a variety of both infrastructure and non-infrastructure projects that benefit elementary and middle school children in grades K-8, both public and private schools; and

WHEREAS, the government of the Borough of Brielle, a 1.8-square-mile municipality, has worked closely with the Brielle School District on making safety improvements along the routes to the Brielle Elementary School; and

WHEREAS, in partnership with the Brielle School District and the Brielle Police Department the Borough of Brielle intends to apply to the New Jersey Safe Routes to School Program for funding to support infrastructure and non-infrastructure projects in accordance with the program requirements and as detailed in said application;

NOW, THEREFORE. the Borough of Brielle hereby resolves to submit an application in the amount of $180,631.00 to the New Jersey Safe Routes to School Program and further resolves to work with the Brielle School District and the Brielle Police Department as full partners in preparing and submitting the grant application and in planning, executing and evaluating any SRTS-funded infrastructure and non-infrastructure project as mutually agreed and as required by the application guidance issued by the New Jersey Department of Transportation Federal Aid Safe Routes to School Program.

CERTIFICATION

I, Thomas F. Nolan, Municipal Clerk, do hereby certify that the foregoing is a true copy of a Resolution adopted by the Borough of Brielle, Monmouth County at a meeting held on the 11th Day of December, 2006.

IN WITNESS WHEREOF, I have hereunder set my hand and the official seal of this body this 12th day of December, 2006.
_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 06-140-D
Date: December 11th, 2006

Resolution of the Borough of Brielle

Whereas, the Greenwood Cemetery Association is the contract purchaser of Block 63, Lot 2, and

Whereas, N.J.A.C. 45:27-25(a) states that a cemetery cannot be enlarged without first obtaining the consent of the Municipality wherein the cemetery is located, and

Whereas, the Governing Body of the Borough of Brielle has no objection to the enlargement of Greenwood Cemetery by the addition of Block 63, Lot 2.

Now Therefore Be It Resolved, that the Mayor & Council of the Borough of Brielle do hereby grant consent for the enlargement of Greenwood Cemetery by the addition of Block 63, Lot 2, pending final approval of their Zoning Board Application.


Certification

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on December 11th, 2006.

Witness my hand and seal of the Borough of Brielle this 12th day of December 2006.



__________________________
Thomas F. Nolan
Municipal Clerk
SEAL

Resolution No: 06-140-E
Date: December 11th, 2006

Borough of Brielle Resolution

WHEREAS, there has been an overpayment of taxes for property known as Block 75.01, Lot 6, 405 Brown Street, and

WHEREAS, this has resulted in the 4th 1/4 2006 taxes being paid twice in the amount of $1,676.44.

NOW THEREFORE, BE IT RESOLVED, that a check be drawn in the amount of $1,676.44.and refunded back to the property owner, Michael Carr, for the tax overpayment as per Mr. Carr’s letter dated Dec. 4th, 2006.

Approved: December 11th, 2006

Resolution No: 06-140-F
Date: December 11th, 2006

Borough of Brielle Resolution


WHEREAS, there are two Developer Escrow Accounts that are ready to be put into Maintenance Bond Status as the developments are completed, and

WHEREAS, the Performance Bond and Inspection Fee can be lowered to cover any additional expenses over the next two years,

NOW, THEREFORE, BE IT RESOLVED, that two checks be drawn as follows

1) Check made payable to Power Penn Enterprises for excess fees for Site Plan work at 629 Higgins Avenue, in the amount of $62,609.22.

2) Check made payable to Waterview@Brielle, c/o Barry Zimmerman, for excess fees for site plan work at Wainwright Place, in the amount of $8,539.72.


approved: December 11th, 2006

Resolution No: 06-140-G
Date: December 11th, 2006

Borough of Brielle Resolution

WHEREAS, there are two Developer Escrow Accounts that are ready to be closed out in full as the developments are completed, and

WHEREAS, the property owners are to be reimbursed any remaining funds in their accounts,

NOW, THEREFORE, BE IT RESOLVED, that two checks be drawn as follows-

1) Check made payable to Raymond Longobardi for remaining fees for Minor Subdivision work at 400-402 Laurel Avenue, in the amount of $254.00.

2) Check made payable to Anthony J. Cardone, Jr., for remaining fees for site plan work at 627 Summit Place, in the amount of $13,398.38.

approved: December 11th, 2006

RESOLUTION NO.

BOROUGH OF BRIELLE

“WHEREAS, 40A-58 provides for making transfers between Budget Appropriations Accounts during the months of November and December, and

WHEREAS, it has become necessary during the last two months of the fiscal year to expend funds in excess of the sums appropriated for the purposes specified in the 2006 Budget, and

WHEREAS, the Governing Body may, by Resolution, transfer an existing excess to an appropriation deemed insufficient,

NOW, THEREFORE, BE IT RESOLVED (no less than 2/3 of the full membership of the Governing Body affirmatively confirming), that the following transfers be and the same are hereby made between the appropriation accounts in the 2006 Budget:

FROM:
Police, O/E $ 30,000.00
Adm., S/W 5,000.00
TOTAL $ 35,000.00

TO:
Police, S/W $20,000.00
Legal 10,000.00
Adm., O/E 5,000.00
TOTAL $ 35,000.00

FROM:
W/S Group Ins $5,000.00
W/S SMRSA 4,600.00
TOTAL $9,600.00

TO:
W/S Capital $5,000.00
W/S Social Security/Medicare $1,100.00
W/S Salaries/Wages 3,500.00
TOTAL $9,600.00


APPROVED: December 11th, 2006

Page 161

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 06-143 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 Finance Officer, in the amount of same, for payment of the bills of December 11th, 2006, as reviewed by the Finance (committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.

(Note Mayor Nicol appointed Coun. Bolger to the Finance Committee for purposes of this meeting.)

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "AN ORDINANCE TO AMEND & SUPPLEMENT ORDINANCE NO. 961 “AN ORDINANCE FIXING THE SALARIES & COMPENSATION OF THE VARIOUS OFFICERS & EMPLOYEES OF THE BOROUGH OF BRIELLE”.

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

The Administrator explained that the Ordinance established the salary ranges for all employees based on the Borough respective collective bargaining agreements.

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

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 06-144 for passage and adoption on final reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Nolan. Scott & Shaak: all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, then introduced Resolution 06-145 to authorize of passage and adoption in the Coast Star Newspaper according to law. Vote: Coun. Bolger, Garruzzo. Nolan. Scott & Shaak: all aye. No nays. Passed.

Mayor Nicol then read the annual Christmas Resolutions.

ANNUAL CHRISTMAS RESOLUTIONS

WHEREAS, THE BOROUGH OF BRIELLE HAS BEEN FORMED IN ACCORDANCE
WITH APPLICABLE STATUTES, AND

WHEREAS, THE GOVERNING BODY OF THE BOROUGH OF BRIELLE SEEKS TO ENSURE THE WELL-BEING OF ALL ITS RESIDENTS, AND

WHEREAS, IT IS IN THE BEST INTERESTS OF THE AFORESAID BRIELLE RESIDENTS THAT THERE BE A WHITE CHRISTMAS.


Page 162

NOW THEREFORE BE IT RESOLVED, THAT THERE SHALL BE SNOW IN THE BOROUGH OF BRIELLE DURING THE PERIOD DECEMBER 24TH THROUGH DECEMBER 25TH, 2006, AND

BE IT FURTHER RESOLVED, THAT THE BOROUGH CLERK SHALL FORWARD A
COPY OF THIS RESOLUTION TO THE APPROPRIATE “IMPLEMENTING” AGENCIES.

WHEREAS, THE BOROUGH OF BRIELLE HAS BEEN FORMED IN ACCORDANCE WITH APPLICABLE STATUTES, AND

WHEREAS, CHAPTER VII OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “TRAFFIC” IS SILENT ON THE SUBJECT OF SLEIGHS AND REINDEER, AND

WHEREAS, THE NECESSITIES OF THE HOLIDAY SEASON DEMAND CLARIFICATION OF THIS DEFICIENCY.

NOW THEREFORE BE IT RESOLVED, THAT SLEIGHS AND REINDEER SHALL BE
PERMITTED TO LAND ON ROOFTOPS IN THE BOROUGH OF BRIELLE DURING THE PERIOD DECEMBER 24TH THROUGH DECEMBER 25TH (INCLUSIVE), AND

BE IT FURTHER RESOLVED, THAT NO PARKING CITATIONS SHALL BE ISSUED TO OPERATORS OF THE AFOREMENTIONED VEHICLES PROVIDED THAT THEY FIT THE FOLLOWING DESCRIPTION: “LITTLE”, “OLD”, “LIVELY” AND “QUICK” AND CAN PRODUCE VALID IDENTIFICATION THAT THEIR NAME IS “SAINT NICK”.
_______________________________________________________________


Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised the public that due to the Christmas Holiday on December 25th the Monday trash route would be collected on Tuesday, December 26th and the Tuesday route would be collected on Wednesday. December 27th, the balance of the collection routes would remain the same.

Coun. Scott reminded the public that leaf collection would end on December 15th and brush collection would recommence beginning the week of December 18th. Coun. Scott also praised Superintendent/Recycling Coordinator Burkhardt for the educational program he recently put on at the Brielle Elementary School. This “Edutainment Program’ highlighted the importance of recycling and was funded through a “Clean Communities” grant.

Page 163

Coun. Scott then cited her attendance at a meeting of the Monmouth County Office on Aging where she was made aware of the danger of “Telecommunication Fraud”. Half the victims of this fraud ranged in age from 50 up and it was a “scary” problem. The Office on Aging recommended a policy of “hanging up the phone” under the byline “it’s not rude to avoid being screwed”.

In closing, Coun. Scott advised the public that the Borough had received a grant from NJDOT, in the amount of $160,000, for improvements to Rankin Road.

Coun. Bolger as recognized and, in view of the season, he invited out-going First Aid Captain Rick Schwarz to sing “White Christmas”. Mr. Schwarz respectfully declined. Coun. Bolger thanked him for his three year’s service as Captain and noted that former President Jeanne Jacobus would now become Captain, with Tim Shaak assuming the role of President. Coun. Bolger thanked all the First Aid Squad Members for their service and wished them luck in the New Year.

Coun. Bolger also noted that thanks to their “due diligence” the Squad had obtained a grant from FEMA in the amount of $22,000 for improvements to their truck bays.

Coun. Bolger added that he would like to have a report on the Library, but that situation was on-going and he hoped to have a final report in the near future.

Turning to the Board of Recreation, Coun. Bolger cited the Biddy Basketball Program and noted that 350 children, half of the total population of the Brielle Elementary School, had enrolled in the program.

Coun. Nolan was recognized and observed that there was a personnel matter, but it was reserved for Executive Session; he also reiterated his earlier comments, made prior to the vote on the consent agenda, that the “Safe Routes To School” program was a positive benefit to the community which, if approved, would be fully funded by the State, and was a win-win for all concerned, especially the children.

Coun. Nolan noted that he, along with other members of Council, would be attending the Monmouth Municipal Joint Insurance Fund seminar for public officials in Wall Township on Thursday night. Coun. Nolan also cited the annual Christmas Tree Lighting and praised the Board of Recreation for an “excellent job”. He offered that the event, despite the unseasonable temperatures really got everyone into the spirit of the season.

In closing, Coun. Nolan congratulated the Manasquan High School Football Team on their recent victory and he reminded the public that the three grants cited this evening all translated into improvements to the infrastructure at no cost to the taxpayer.

Coun. Shaak advised the public that the Route #70 bridge project was on schedule and the

Page 164

Contractor anticipated opening the first section of the new span no later than February, 2007. The Route #35 Bridge Project was also proceeding and the Contractor anticipated placing Jersey Barricades along the center lane to channel traffic into the shoulder and right lanes to permit restoration of the center two left lanes. When completed the restoration was expected to add fifty years to the useful life of the bridge.

Coun. Shaak also thanked recently re-elected Fire Company President Jim Stenson for his work in securing a FEMA Grant that enabled the Fire Company to install an exhaust system in their truck bays. The new system was working beyond all expectation.

Coun. Shaak also noted the Fire Company’s new two-story garage that would provide additional storage space for all the ancillary equipment employed on Brielle Day and other events such as Halloween. The project should be completed before the New Year.

In closing Coun. Shaak added that the Fire Company was replacing the defunct Emergency Vehicle used by the Water Rescue Team with a vehicle purchased entirely by their own funds. He also noted that the Company was using their own funds to increase the height of the garage bay doors in anticipation of the increase in size to potential new equipment. Coun. Shaak pointed out that both projects were undertaken at no cost to the taxpayers.

Coun. Garruzzo had no report, but he added his praise to the annual Christmas Tree Lighting for helping to get everyone into the spirit of the holiday season and he wished his colleagues and all the residents of Brielle a “Merry Christmas & a Healthy, Happy Holiday”.

Mayor Nicol then opened the meeting to the public and recognized Richard Schwarz, 706 Howell Drive, who asked Coun. Nolan to clarify the “Safe Routes To School” grant application.

Coun. Nolan explained that the project would provide for sidewalks from Green Avenue, along the north side of Union Lane, to Legg Place.

There being no further public comment, Mayor Nicol requested a resolution to authorize an Executive Session.

Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 06-145 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo, 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 December 11th, 2006, as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

Page 165 11th December 2006

2. The general nature of the subject matter to be discussed is as follows:
“Contract Negotiations” & “Personnel”.

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 9:35 p.m. The session was adjourned on a motion by Coun. Garruzzo, seconded by Coun. Shaak.

The Personnel matter discussed was the Municipal Clerk’s receipt of the three names provided by the Brielle Republican Committee to fill the Council Vacancy created by the resignation of Councilman Leonard W. Lenzen, Jr.

Being familiar with the individual names submitted, the Council felt comfortable in taking action, particularly due to the lateness of the year and the necessity of preparing for the January Reorganization Meeting.

Coun. Garruzzo, seconded by Coun. Shaak, nominated Cort W. Gorman to fill the vacant Council Seat.

On a motion by Coun. Scott, seconded by Coun. Garruzzo, the nominations were closed.

The Council then voted on the nomination of Cort W. Gorman. Coun. Bolger, Garruzzo, Nolan, Scott & Shaak: all aye. No nays. The nomination was approved.

The meeting was adjourned at 9:36p.m. on a motion by Coun. Garruzzo, seconded by Coun. Scott.


Approved: December 26th, 2006

_________________________
Thomas F. Nolan
Municipal Clerk


 

RELATED LINKS