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A Community by the River

Borough of Brielle, NJ


March 12, 2007

June 01 2007

March 12, 2007

Page 40

MINUTES MARCH 12TH, 2007 WORK SESSION START: 7:30PM

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, 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 asked Council's permission to add two resolutions to the Consent Agenda. Both resolutions authorized raffles. Council authorized the addition. The Administrator also asked to remove Resolution "A". This action was being taken at the applicant's request.

The Administration added that there would be a need for an Executive Session to permit the Borough Attorney to update the Governing Body on the status of litigation.

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

Page 41

MINUTES MARCH 12th, 2007 MEETING START: 7:30 P.M.

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, 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. Scott and seconded by Coun. Shaak, to accept and file the Minutes of the February 27th, 2007 Meeting. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye.

Mayor Nicol then announced that the time had arrived for a hearing on the 2007 Municipal Budget. The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Shaak; all aye.

Coun. Gorham advised the public that the Governing Body strove to limit the growth of the local property tax rate, but offered that the public should be mindful that some increase is necessary if the current level of municipal services is to be maintained.

Coun. Gorham reminded those assembled that Brielle is not insulated from marketplace trends and so the Borough saw increases in the areas of insurance, trash collection and utilities. The Borough also has to honor its collective bargaining agreements. Despite these increases the Finance Committee was able to introduce a budget that had, overall, a modest increase.

Coun. Gorham believed that the committee did a good job and could be proud of its work. He thanked both Coun. Garruzzo & Coun. Nolan for their efforts in preparing the budget.

In closing Coun. Gorham reminded the public that the $299,000 increase to the amount to be raised by taxation resulted from a decline of $282,000 in the amount of surplus that could be used to offset the municipal rate. Coun. Gorham lamented that this was something that the Council simply could not control.

Mayor Nicol opened the hearing to the public and recognized David McFadden, 624 Holly Hill Drive, who cited the Library appropriation of $50,000 and asked if, in the event of a court ruling in favor of the Library Association, that amount could be increased?

The auditor, Robert Hulsart, replied that it could be increased.

Agatha Grady, 609 Valley Road, stated that the Library appropriation had been reduced by 60%. Had any other appropriation been cut that significantly?

The auditor said that each budget line item was unique and had to be reviewed separately & there was a reason for any increase or reduction.

Attorney Montenegro interjected that appropriation allocations were based on income and expense.
Page 42

Amiee Ferguson, 907 Riverview Drive, stated that she had been a resident of Brielle for over fifty years and she felt that the library situation was "ludicrous" and that the Council should be "ashamed". She appeared to single out Coun. Bolger saying that she would be "glad to be rid of him".

Mayor Nicol reminded the public that the hearing was about the budget and as Chairman he would not tolerate any insults or vituperative language.

Theresa Breslin, 20D Maple Lane, asked why the Library's appropriation of $127,500 had been reduced to $50,000?

Attorney Montenegro replied that they appeared to have other sources of revenue.

Coun. Bolger explained that the $50,000 subsidy from the Borough was purely voluntary. The Library failed to submit a budget in October as requested and the 2007 budget had been based on the available date. Coun. Bolger added that the Association had not objected to their budget.

Coun. Bolger went on to explain that the average monthly expenses for the Library were approximately $11,300. Allowing for a cost of living increase of six percent that number became $12,000 or $144,000 per annum. The Borough had appropriated $50,000 and Monmouth County had committed to $52,000 which brings the total to $102,000. In addition there is a grant from the state of $2,500.00. The balance is the responsibility of the Association. Coun. Bolger referenced his earlier presentation wherein he demonstrated that the bulk of the books and the programs are provided by Monmouth County.

Coun. Bolger went on to say that the Association had averaged $31,000 to $32,000 of revenue in each of the past three years through their annual appeal, fines and fees from nonresidents. Given the current budget, Coun. Bolger estimated a shortfall of some $6,000 which could be offset by additional fundraising. He also noted that the actual 2006 budget had been $97,000 and not $127,500.

Coun. Bolger added that, as in the case of any budget, figures are projected. If there is a surplus all is well, but if there is a shortfall due to unanticipated expenses the matter can be addressed and he cited the account payable reserve being held for the Library.

Agatha Grady, 609 Valley Road, asked where the reserve came from? Attorney Montenegro advised that it consisted of the fourth quarter allocation that had been retained by the Borough. He went on to say that the issue is being litigated and the issue will be addressed through that process.

The Attorney reminded the public that the enabling statute is permissive and that there is no legal obligation for the Borough to provide funding to the Library. The situation is reviewed on an annual basis.

Ms. Grady said that she was not happy with the way things were going. Mayor Nicol once more reiterated that the hearing was on the budget and not the Library.

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David McFadden, 624 Holly Hill Drive, asked what the estimated cost of the litigation would be? Attorney Montenegro responded that it depended on the reasonableness of the parties, but conceded that, if it reaches the stage of depositions, it could run $30,000.

Mr. McFadden asked if it could reach $50,000? Mr. Montenegro advised that such a sum was not out of question. Mr. McFadden stated that the Association's costs were being paid through an insurance policy while the taxpayers had to bear the cost of the Borough's litigation. Mr. Montenegro advised that he was unaware of any insurance policy.

Lois Hanson, 634 Summit Place, asked how much was in the reserve? She was advised $29,000.

Kathleen Tully, 608 Locust Road, asked if any other appropriations had been cut? The Administrator replied that all operating expenses had been cut by 2%.

Shirley Norby, 306 Brielle Avenue, voiced a concern over the 4% CAP which she believed would limit any increase to the current allocation of $50,000 to $52,000 in 2008.

The auditor explained that the 4% CAP was applied across the board to the total budget and he added that it was his understanding that some appropriations, such as aid to the Library would remain outside of the CAP.

Charles DiPerro, 311 South Street, questioned the ability of the Association to raise the $30,000 to $40,000 necessary to maintain their operations through memberships and fees.

Coun. Bolger offered that running the Library was a joint venture between the Borough and the Association. The Association ran the Library for the Borough.

Coun. Bolger added that the Borough provided "y" while the Trustees were expected to raise "x".

Mr. DiPerro felt that donations and Borough funds had to be clarified, he felt that donations were for special projects and that if memberships and donations were used for operating expenses they would tie up and create a greater burden on the taxpayers.

Coun. Bolger reminded the public that the Association's expenses were $12,000 a month and that all capital items were covered by the Borough.

Mr. DiPerro reiterated that the Library should have endowments for special projects. Mayor Nicol interjected that the issue was being addressed through the negotiations.

Theresa Breslin again asked why the Library budget was cut by 60%. The Mayor replied that all appropriations were reduced.

Ms. Breslin said that was an across the board cut unlike the Library reduction. The Mayor said it was done in the interest of the taxpayers.
Debra Ferraid, 632 Holly Hill Drive, raised a question about the Library litigation. Mayor Nicol
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stated that this hearing was about the budget, Ms. Ferraid's question should be held for the public portion.

The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Shaak; all aye.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-35 (see insertion). Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Gorham, seconded by Coun. Nolan, introduced Resolution 07-36 (see insertion). Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 07-37 for passage of the Consent Agenda.

RESOLUTIONS
07-37-A to authorize Birdsall Engineering to provide engineering services and contract administration to implement the 2007 NJDOT Municipal Aid project and the 2007 Capital Improvement Project.
07-37-B to authorize the submission of a grant application to NJDEP for improvements to Brielle Beach.
07-37-C (see insertion). 07-37-D (see insertion).




















Resolution No: 07-37-C Date: March 12th, 2007


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on March 1st, 2007, Bayshore Community Hospital Foundation, 727 North Beers Street, Holmdel NJ 07733, submitted Raffle Application No. RA-2007-3, ID No. 217-43-6769 for an on-premise raffle to be held at the Manasquan River Golf Club. 847 Riverview Drive, Brielle NJ 08730 on June 4th, 2007, at 8pm.
.
Whereas, the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore Be It Resolved, that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.



CERTIFICATION


The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a Meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on March 12th, 2007.

Witness my Hand and Seal of the Borough of Brielle, this 13th day of March 2007.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL





Resolution No: 07-37-D Date: March 12th, 2007


BOROUGH OF BRIELLE
RESOLUTION


Whereas, on March 1st, 2007, Bayshore Community Hospital Foundation, 727 North Beers Street, Holmdel NJ 07733, submitted Raffle Application No. RA-2007-4, ID No. 217-43-6769 for an off-premise raffle to be held at the Manasquan River Golf Club. 847 Riverview Drive, Brielle NJ 08730 on June 4th, 2007, at 8pm.
.
Whereas, the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore Be It Resolved, that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.



CERTIFICATION


The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a Meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on March 12th, 2007.

Witness my Hand and Seal of the Borough of Brielle, this 13th day of March 2007.





________________________
Thomas F. Nolan
Municipal Clerk




SEAL




Resolution No: 07-35
Date: March 12th, 2007



Resolution of the Borough of Brielle

Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated and the sums therein set forth as appropriations, and authorization of the amount of $4,563,100.00 for municipal purposes.





























Resolution No: 07-36
Date: March 12th, 2007

RESOLUTION OF THE BOROUGH OF BRIELLE
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11th, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Brielle has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2006 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Brielle that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate and correctly
stated,
b. Items of appropriation are properly set forth
c._ In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality

5. The budget and associated amendments have been introduced and
publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.


6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.


Approved:

Vote recorded as follows:





























Page 45

MOTIONS

None.

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

Coun. Nolan commended that Resolution "B" resulted from a Borough Employee overhearing a conversation between two NJDEP employees in which they referred to grant money. Mr. Langenberger had alerted Coun. Nolan to that fact and as a result the Borough should receive $55,000 in grant money for improvements to the Brielle Beach area.

Coun. Bolger cited the Board of Recreation's earlier contributions to cleaning up the vicinity.

John Rowe, 614 Valley Road, asked where the beach was? Coun. Nolan replied Magnolia Avenue. He added that he looked forward to working with the Board of Recreation to develop the area for passive recreation and river access.

William Brannick, 805 Schoolhouse Road, asked what the Borough planned to do with the $55,000? Coun. Nolan replied that the idea was still in development, but he felt that the site was virtually undisturbed and should be kept in a natural state with the addition of some recreational facility.

Jessie Eubank, 45D Mountain. Laurel Lane, asked if the beach was where the Police building had been constructed? Coun. Nolan replied that it was. Coun. Scott added that she remembered when there had been a lifeguard stationed there.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-38 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 March 12th, 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; aye. No nays. Passed.

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of a "Bond Ordinance Providing an Appropriation of $340,000 for Miscellaneous Improvements for and by the Borough of Brielle, in the County of Monmouth, State of New Jersey, and authorizing the issuance of $323,000 Bonds or Notes of the Borough of Brielle for financing part of the Appropriation".

Coun. Gorham, seconded by Coun. Garruzzo, introduced resolution 07-39 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. Nolan, seconded by Coun. Garruzzo, introduced Resolution 07-40 to authorize publication of the foregoing ordinance in the Coast Star Newspaper for a hearing to be held at 7:30 p.m., at Borough Hall, 601 Union Lane, Brielle, New Jersey, on March 26th, 2007.
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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 Reallocate Unexpended Balances from previously Approved Bond Ordinances and to rededicate these Balances for additional Capital Improvements".

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-41 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. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-42 to authorize publication in the Coast Star for a hearing to be held at 7:30 p.m., at Borough Hall, 601 Union Lane, Brielle, New Jersey, on March 26th, 2007. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

The Administrator advised the public that both ordinances would implement the 2007 capital improvement program.

Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public that spring leaf collection would not commence until April 1st and although avid gardeners were anxious to clear the leaves out of their flower beds they had to be kept on their property until April 1st. Leaves and brush had to be separated.

Coun. Scott noted that clean-up week would be April 30th through May 4th. The Newsletter was in preparation and should be out by April 1st. All current information was also available on the web site.

Coun. Gorham had no report. Coun. Nolan cited the March 31st Easter Egg Hunt at 1:00 p.m. in Brielle Park, the Biddy Basketball 3 on 3 tournament, the April 22nd trip to the King Tut exhibit and the June 24th family picnic. He also noted that April 1st was the start of soccer season with some six hundred children signed up.

Coun. Nolan also cited his work with the Environmental Commission and the placement of at least four public access signs; he closed by announcing that the web-site was up and running.

Coun. Bolger announced that the Historical Society would be presenting author Richard Kohler for an informative discussion of his book on Sunday, March 18th at the Curtis House.

Coun. Bolger then praised Police Sergeant Thomas McWilliams for going above and beyond when he responded to a recent First Aid call. The call involved end stage liver failure and Sergeant McWilliams realized the family members were distraught and in need of understanding.

Sergeant McWilliams knew of Coun. Bolger's personal experience in this area and put him in contact with the family to whom he was able to provide information on the organ donation process.

Coun. Bolger lamented the fact that the individual passed away before finding a donor, but he
Page 47

applauded Sergeant McWilliams for his compassion and urged the public to register for organ donation.

Coun. Garruzzo agreed with Coun. Bolger that the police do a great job. He also thanked his colleagues on the Finance Committee for their work on the 2007 budget, along with the Department Heads who all worked diligently to provide a reasonable budget.

Coun. Shaak advised that the Route #70 bridge project was on schedule and the new span should open by April 1st, at which time traffic will be re-routed to permit the demolition of the existing bridge and the erection of the second new span. The estimated time for completion was three years.

Coun. Shaak also pointed out the ten foot wide lanes on the Route #35 bridge will be shifting. This could create a dangerous situation and the Councilman urged caution. Coun. Shaak also advised the Council that Point Pleasant Beach would be spearheading the 2007 Manasquan Inlet Boat Parade and it would probably be held in late August.

Coun. Shaak advised the public that Police Chief Palmer would be conducting a seminar at the Curtis House in conjunction with the Office on Aging. The seminar will focus on emergency situations specific to seniors and how to avoid scams that target the elderly.

As Fire Chief, Coun. Shaak stated that the Six Months to Brielle Day Fundraiser had been a success and was attended by 175 people.

The Fire Company had participated in fighting a fire in Manasquan on Sunday where 25 acres were burned, but he added that the County Department of Forestry had taken over at the scene and found that wind conditions were favorable for a burn off of excessive brush. The area should be fine by the Spring.

Mayor Nicol opened the meeting to the public and recognized Dave McFadden, 624 Holly Hill Drive, who asked if a new Library Liaison had been appointed? The Mayor replied "not yet".

Rochelle Cassie, 103 Lake Avenue, presented the Clerk with 179 additional signatures on a petition calling upon the Council to release the balance of the 2006 Library appropriation. She noted that this brought the total number of signatures to 615 whom she termed as "taxpayers" and "voters".

William Brannick, 805 Schoolhouse Road, reiterated his belief that Coun. Shaak's membership on the Public Safety Committee while he was actively serving as Fire Chief was a conflict and he requested that he be reassigned.

Alyson Honrath, 701 Howell Drive, cited a recent article on Coun. Scott and her involvement in areas such as recycling. She complemented the Councilwoman for being a wonderful reflection on the community.

Mayor Nicol interjected that he had a vacation home in another state where recycling was not collected. Due to Coun. Scott's influence he carried all his recyclables back to Brielle for disposal.

Page 48 12th March 2007

Dave Dupre, 1016 Riverview Drive, cited a letter in the Coast Star by a Manasquan First Aid Squad member, and voiced a concern that someone he knew had fallen ill and been conveyed to the hospital by ambulance. They subsequently received a bill for $1,000; he questioned the charge.

Coun. Bolger advised that neither the Brielle First Aid Squad nor Manasquan charged. However, when paramedics employed by MONOC are required at the scene there is a charge, but local first aid squads do not charge. The difference being is that MONOC is a for profit corporation.

Coun. Shaak added that 911 dispatchers are trained to determine if MONOC is needed and they will dispatch them. He noted that the letter to the Coast Star was in response to a somewhat misleading letter in the Asbury Park Press which alluded to volunteers being paid.

Mr. Dupre felt that many in the public were not aware of the potential for such high charges.

William Brannick, 805 Schoolhouse Road, stated that he was employed by Medicare and many volunteer first aid squads did charge for their services.

Richard Bidnick, Brielle Public Library Director, 610 South Street, was recognized and he stated that, contrary to what was stated earlier in the meeting, the Library did expend $6,000 of their own funds on programs; he added that they experienced a $50,000 shortfall during the last quarter of 2006 and the first months of 2007, and had to use their own funds to offset it.

He stated that the Borough had reduced their appropriation by 25% in 2006 and this would result in a 25% reduction in state aid. Mr. Bidnick also advised that the Library did have capital expenses and cited shelving, a flat screen television, and furniture. He added that he hoped to purchase new more comfortable chairs for the DVD Group and a larger screen as some people had difficulty in viewing films on the existing set when the room was crowded.

John Rowe, 614 Valley Road, stated that he had a problem with the Library negotiations, he thought the confrontation was having a negative impact on the community and was "nonsense “and the process was placing a greater burden on the taxpayers.

Mayor Nicol noted that there were two sides to every story.

Agatha Grady, 609 Valley Road, inquired about the Prosecutor's investigation of the Library? The Mayor said it was "on-going" and the Attorney offered that the Borough could not comment.

Charles Kavanaugh, 802 Schoolhouse Road, asked if there was a definitive number on the revaluation? The Mayor said "no", but the estimated tax rate was between $1.03 and $1.05 cents.

There being no further comments the meeting was adjourned at 8:48pm on a motion made by Coun. Shaak, seconded by Coun. Gorham.

Approved: 26th March 2007 ___________________________
Thomas F. Nolan
Municipal Clerk

 

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