Borough of Brielle, NJ
| January 22, 2007
January 22, 2007
MINUTES JANUARY 22nd, 2007 WORK SESSION START: 7:30PM
PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised the Council that he had nothing to report, but advised that Resolution "A" as it appears on the consent agenda should be held until the next meeting. However, he requested permission to add a new Resolution "A" to permit the Mayor & Municipal Clerk to execute an agreement with the County of Monmouth to provide a portion of the funds required to implement the drainage remedy cited as Resolution "C". Council gave their authorization.
The work session was adjourned at 7:31 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
MINUTES JANUARY 22nd, 2007 REGULAR MEETING. START: 7:32 P.M.
PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, NOLAN & SCOTT, ATTORNEY BEN MONTENEGRO & ADMINISTRATOR NOLAN.
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. Scott, to accept and file the minutes of the January 8th, 2007 meeting; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 07-12 for passage of the Consent Agenda.
07-18-A to authorize the Mayor & Clerk to execute an agreement with Monmouth County re: drainage improvements Block 129, Lots 21.02 &22.
07-18-B to authorize Birdsall Engineering to perform the services required to bring the Borough's Water Utility into compliance with the U.S.E.P.A. Stage 2 Disinfectants & Disinfection Byproducts rules, at a cost not to exceed $5,000.
07-18-C (see insertion).
07-18-D to authorize the Administrator, pending the finalization of an Interlocal Agreement for the provision of Construction Code Services, to make temporary appointments and to designate the Borough of Spring Lake Sub-Code Officials to act on behalf of the Borough of Brielle.
Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Nolan, then introduced Resolution 07-19-TO TRANSFER FUNDS (see insertion).Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Coun. Gorham, seconded by Coun. Shaak, introduced Resolution 07-20 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 January 22nd, 2007, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Resolution No: 07-48-C
Date: January 22nd, 2007
Resolution of the Borough of Brielle
Whereas, the Borough of Brielle did advertise in the Asbury Park Press and the Coast Star for bids for "Drainage Improvements Block 129, Lots 21.02 & 22 ", and
Whereas, bids were received by the Borough on January 18th, 2007, and
Whereas, the lowest responsible bidder was Interstate Contracting & excavating of Newark with a bid of $67,888.00, and
Whereas, the Bid Bond and Consent of Surety were found to be in order, and funds are available to undertake this work.
Now Therefore Be It Resolved that the bid submitted by Interstate Contracting & Excavating is hereby accepted, and the Borough Engineer is hereby authorized to initiate the contract.
Vote: Conn. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; aye. No nays. None abstained.
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 22nd, 2007.
Witness my hand and seal of the Borough of Brielle this 23rd day of January 2007.
Thomas F. Nolan
DATE: January 22nd, 2007
BOROUGH OF BRIELLE
COUNTY OF MONMOUTH
WHEREAS, 40A-58 provides for making transfers between Budget appropriation Reserve Accounts during the months of January, February and March, and
WHEREAS, it has become necessary at this time 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 that 2/3 of the full membership of the governing body affirmatively confirming), that the following transfers be made between the appropriation accounts in the 2006 Budget:
Police, O/E $ 3,000.00
Engineering O/E $ 3,000.00
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.40A:445.14).
The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
The Administrator explained that the current CPI was 5.5%, but the State imposed a 2.5% CAP on budget increases. The Ordinance permits the Borough to increase that CAP to 3.5% and the Borough feels that it is prudent to affect a 3.5% increase to ensure that the 2007 municipal budget will meet the CAP requirement.
At the request of Coun. Bolger, the Administrator explained that certain appropriations are within CAP and others are outside of the CAP limitation. The budget that will be introduced on February 12th and published in the local press will contain a clear delineation of those appropriations.
The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Shaak.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-21 for passage on final reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Coun. Shaak, seconded by Coun. Nolan, introduced Resolution 07-22 to authorize publication of the foregoing Ordinance in the Coast Star according to law. Vote: Coun. Bolger, Garruzzo, Gorham, 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 21 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "ZONING".
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 07-23 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Coun. Shaak, seconded by Coun. Garruzzo, introduced Resolution 07-24 to authorize publication in the Coast Star for a hearing to be held, on February 12th, 2007, at 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Mayor Nicol then read two proclamations:
BOROUGH OF BRIELE
WHEREAS, the State Legislature designated the last Friday in April as Arbor Day, and
WHEREAS, it is the purpose of this designation to encourage the planting of shade and forest trees, to encourage the harvesting of forest crops by approved conservation measures, and to encourage the protection of forests from the scourge of devastating fires, insects, and diseases that destroy the beauty and usefulness of our woodlands as well as endangering the wildlife that inhabit them, and
WHEREAS, public endorsement of the foregoing measures, through the observance of Arbor Day, will help to preserve the natural resources of our forests and ensure that this heritage endures for future generations.
NOW, THEREFORE IT PROCLAIMED that the last Friday in April has and will continue to be observed as Arbor Day in the Borough of Brielle, and the Governing Body hereby urges all Brielle residents to plant one or more trees in honor of the day and to actively participate in all sponsored Arbor Day activities within the Borough of Brielle.
January 2006 & 2007 Mayor Thomas B. Nicol
BOROUGH OF BRIELLE
READ ACROSS AMERICA
WHEREAS, the citizens of the Borough of Brielle stand firmly committed to promoting reading as the catalyst for our students’ future academic success, their preparation for Americas jobs of the future, and their ability to compete in a global economy, and
WHEREAS, the Borough of Brielle has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community’s well-being and long-term quality of life; and
WHEREAS, NEA‘s Read Across America, a national celebration of reading, will he conducted on March 2nd, 2007, which would have been the 103rd birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and
WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, Saturn-UAW, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students;
NOW, THEREFORE, BE IT RESOLVED that the Borough of Brielle calls on the citizens of Brielle to assure that every child is in a safe place reading together with a caring adult on March 2nd, 2007;
AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA‘s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make Americas children the best readers in the world.
Mayor Thomas B. Nicol
Mayor Nicol then read the following statement regarding the Brielle Library.
It is with great displeasure that the Council must announce that it's significant efforts to amicably resolve issues surrounding the Brielle Library Association have to date been fruitless. Thus, the Council has authorized Borough Legal Counsel, Nicholas C. Montenegro, to take any and all legal action to preserve and safeguard all funds and assets rightfully belonging to the taxpayers of the Borough of Brielle.
Lastly, this Borough Council wishes the citizenry of the Borough to know that the Borough Council fully supports providing funding to a library association to maintain the Brielle Library. Any library association operating this community's library must be a partner with the municipality in efficiently minimizing the need for taxpayer funding while providing the quality services, resources and programs the citizens of Brielle deserve.
Because of litigation, we cannot respond to any other questions.
Mayor Nicol then called for Committee Reports and recognized Coun. Scott who noted that the Newsletter had been disseminated to the public and she then addressed a number of recycling questions that had arisen as a result of the inclusion of "chip board" in the area of "mixed paper".
Coun Scott advised the public that chip board could be commingled with mixed paper. Mixed paper can be taken to the recycling yard and placed in the trailer without being bound; it was requested that the paper be placed toward the back of the trailer or in any of the boxes that were usually at the site. Shredded paper would be accepted. Milk cartons could not be recycled as they were coated with wax. Paper egg cartons could also be recycled.
Coun. Gorham then updated the public on the revaluation.
THE TAXES TO BE PAID IN FEBRUARY & MAY OF 2007 ARE BASED ON THE TAX RATE STRUCK IN JUNE OF 2006.
THE NEW RATE, BASED ON THE NEW ASSESSED VALUES THAT
HAVE RESULTED FROM THE REVALUATION, WILL NOT BE ESTABLISHED UNTIL JUNE.
HOWEVER, FOR PLANNING PURPOSES ONLY, A HOMEOWNER CAN ASSUME THAT, THE NEW RATE WILL BE IN THE VICINITY OF $1.03 PER $100.00 OF ASSESSED VALUE.
FOR EXAMPLE. YOUR HOUSE WAS ASSESSED @ $300,000 IN 2006. THE TOTAL TAX RATE IS $2.894. SO YOUR TOTAL TAX IS $8,682.00.YOUR NEW ASSESSED VALUE IS $900,000 @ AN ESTIMATED RATE OF $1.03 YOUR TAX WOULD BE $9,270.00, AN INCREASE OF $588.00.
HOWEVER, IF YOUR NEW ASSESSED VALUE WAS $750,000 YOUR TAX WOULD BE $7,725.00, A DECREASE OF $957.00.
IT ALL DEPENDS ON THE INCREASED VALUE OF YOUR PROPERTY.
Coun. Gorham added that the Borough had not been subject to a revaluation for almost twenty years the current value of property had tripled from a figure of 600 million to an estimated 1.8 billion.
Coun. Nolan stated that, as the new Chairman of Public Resources, he was looking forward to meeting with the organizations that fell within his sphere during the coming months. Meantime he advised the public that a "Safe Routes to School" application had been submitted to NJDOT and hopefully it would be favorably acted upon. The Councilman also noted that, as the result of a number of inquiries, he had investigated a property under construction at 600 Rankin Road.
After consultation with Construction Officer Sandy Ratz, it appeared that the property was within the 20% lot coverage and complied with the required setbacks.
Coun. Bolger cited his new position as Chairman of Administration & Personnel and noted that he was still getting acquainted with the position. He said that he was gratified at the large turnout this evening and reminded the public that, if they had a suggestion or a question they need not wait for a public meeting. The Council was "all ears" and always available to listen to their comments or concerns.
Coun. Garruzzo advised that he would be meeting with Police Chief Palmer in the near future to acquaint himself with his new responsibilities as Chairman of Public Safety.
Coun. Garruzzo cited the Library issue, but he reminded the public that the Council was faced with many demanding issues, ranging from prioritizing necessary capital improvements, to an upgrade of the water system.
Coun. Garruzzo noted that the Water Utility was faced with escalating costs from both SMRSA and the MCIA not to mention the inherited debt from the installation of the sewer system in the late 1970's.
The Council was faced with issues such as maintaining infrastructure and equipment replacement every day and he asked the public to be mindful of that fact and look at the library issue in perspective.
Coun. Shank thanked the Planning Board for promulgating the "Pod" Ordinance and he believed that, if adopted, the ordinance would be beneficial to the Borough. Coun. Shaak reminded the public how important the Land Use Boards were in maintaining the quality of life in the Borough and he urged all citizens to attend their meetings. He noted that the Board of Adjustment met on the first Tuesday of the month and the Planning Board on the second.
Turning to the Fire Company, Coun. Shaak cited the recent improvements made at the Fire House and the purchase of a vehicle, all of which was accomplished at no cost to taxpayers.
Mayor Nicol then opened the meeting to the public and recognized Ron Ernish, 405 South Street, who asked Council to investigate the number of garage bays at the 600 Rankin Road property; he believed that they exceeded the number permitted by ordinance.
Mr. Ernish also deplored the condition of Fisk Avenue since the water main replacement and he questioned Coun. Shaak concerning his statement that a new garage on the Fire Company property had not been a cost to the taxpayer; he cited a capital ordinance that had appropriated $160,000 for a new garage.
Coun. Shaak pointed out that the garage Mr. Ernish referenced had been for the Public Works Department and the project was currently on hold.
Bill Brannick, 805 Schoolhouse Road, asked Council-President Nolan if all the Council Committee Assignments had been finalized?
Coun. Nolan replied that they had with the exception of the Library Liaison.
Mary Burke, 1013 Cedar Lane, asked why the letter sent by the Revaluation Company did not break out the new assessed value between the land and the building?
Attorney Montenegro replied that it was standard practice during the revaluation process as any tax appeal was based on total assessment and not either the value of the land or the building.
Dave Dupre, 1016 Riverview Drive, asked if once a building permit was issued, a standard time for completion of the construction was? Coun. Nolan thought it was two years, but stated that he would find out.
Page 21 January 22nd, 2007
Mr. Dupre cited a home in Point Pleasant that was under construction for twenty years and he hoped that would not happen in Brielle.
Coun. Shaak cited a home on Ashley Avenue that had been under construction for a lengthy period, but pointed out that the proposed construction was subject of litigation, and until the matter was resolved the project was in limbo.
Terry Breslin, 20 D Maple Court, asked what was the purpose of the litigation with the Library?
Attorney Montenegro replied to "safeguard the Borough's assets".
Miss Breslin inquired about the Prosecutor's investigation and was advised that it was a separate issue and "beyond the scope" of Mayor & Council.
Ron Ernish, 405 South Street, asked Coun. Bolger if he had paid the fee required by ordinance to use the Curtis House for his recent information forum?
Coun. Bolger noted it was a "good question" and replied that he had been advised by the Administrator that he was not required to pay a fee based on his position as an elected official and the fact that the meeting was to exchange information with his constituents.
Ed Hendricks, 506 Borrie Avenue, praised the Brielle First Aid Squad who had responded to an incident in Manasquan where he had been attending a family event. Fortunately, the incident had a happy ending, but he was surprised to see the Brielle Squad appear in Manasquan.
Mr. Hendricks also thanked the Council for attending to a drainage project on his block, but he took exception to a recent Planning Board decision and derided the Board for failing to adhere to the Master Plan; he hoped such conduct did not continue.
There being no further comment the meeting was adjourned at 8:15 p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.
Approved: February 12th, 2007 Thomas F. Nolan