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A Community by the River

Borough of Brielle, NJ


May 29, 2007

August 24 2007

May 29, 2007

Page 81

MINUTES MAY 29th, 2007 WORK SESSION START: 7:30PM

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

ABSENT: GORHAM

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.

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

PAGE 82

MINUTES MAY 29th, 2007 START: 7:32 P.M.

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

ABSENT: GORHAM.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the May 14th, 2007 meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 07-65 for passage of the Consent Agenda.

Resolutions:

07-65-A (see insertion). 07-65-B (see insertion). 07-65-C (see insertion). 07-65-D (see insertion). 07-65-E (see insertion).
07-65-F to authorize the Municipal Clerk to issue 2007 Pool Licenses.

Motions:

Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed. (Note: Coun. Bolger abstained on Resolution "E".

Coun. Garruzzo seconded by Coun. Shaak introduced Resolution 07-60 for Payment of 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 for payment of the bills of May 29th, 2007, 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.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised those assembled that the Public Works Committee had met with Robert Swain to develop the bid specifications for the new sanitation contract. Mr. Swain was well respected in his field and has been employed by the Borough in the past. The specifications would include a number of options which could be implemented depending on the overall cost increase.


Borough of Brielle Resolution

Whereas, application has been made for the renewal of Liquor License #1308-33004-007, and

Whereas, the application is complete, the $1,866.00 fee due to the municipality, has been received, along with the $200.00 fee due to the State Division of Alcoholic Beverage Control, and

Whereas, all municipal requirements have been met and no objections to the renewal of this license have been lodged.

Now, Therefore Be It Resolved, that the application of Simko's Bar & Restaurant, LLC. T/A Simko’s for premises located at 403 Higgins Avenue, Brielle, New Jersey, is hereby approved and the Municipal Clerk is hereby authorized to issue said license for the period July 1st, 2007 through June 30th, 2008.


Certification

The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on May 29th, 2007.

Witness my hand and seal of the Borough of Brielle this 30th day of May 2007.



_________________________
Thomas F. Nolan
Municipal Clerk


RESOLUTION NO: 07-65-B
DATE: MAY 29th, 2007


BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-010-008, RPVR, INC. T/A DUE AMICI, AND

WHEREAS. THE APPLICATION IS COMPLETE, THE FEES DUE TO THE MUNICIPALITY AND TO THE STATE OF NEW JERSEY HAVE BEEN PAID AND MUNICIPAL REQUIREMENTS HAVE BEEN MET, AND

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

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF RPVR, INC. T/A DU’AMICI, FOR PREMISES LOCATED AT 420 HIGGINS AVENUE, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORTZED TO ISSUE SAID LICENSE FOR THE LICENSE TERM JULY 1ST, 2007 THROUGH JUNE 30TH, 2008.


CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON MAY 29TH, 2007.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 30TH DAY OF MAY 2007.




___________________________
THOMAS F. NOLAN
MUNICIPAL CLERK


SEAL



RESOLUTION N0: 07-65-C
DATE: MAY 29th, 2007

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, the Borough of Brielle did award a bid to Interstate Contracting & Excavating, LLC, for Drainage Improvements to Block 129, Lots 21.02 & 22, and

WHEREAS, the original bid price of $67,888.00 has been increased by Change Order No. 1 in the amount of 5 995.00 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 Mayor is hereby authorized to execute Change Order No. 1 in the amount of $995.00, which increases the contract from $67,888.00 to $68, 883.00.


CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on May 29th, 2007.

Witness my hand and seal of the Borough of Brielle this 30th day of May 2007.




_______________________
Thomas F. Nolan
Municipal Clerk



SEAL



Resolution No.07-65-D
Date: May 29th, 2007

Resolution of the Borough of Brielle

Whereas: on May 15th, 2007 the Monmouth Medical Foundation, submitted Raffle Application No. 2007-6, ID No. RA-2007-6 for an on-premise 50/50 Raffle, to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle NJ 08730 on October 10th, 2007 from 7:45am-10pm

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 the 29th of May 2007.

Witness my hand and Seal of the Borough of Brielle, this 30th day of May 2007.





______________________
Thomas F. Nolan Municipal Clerk


Resolution No: 07-65-E
Date: May 29th, 2007

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to defend tax appeals the Borough of Brielle needs to retain the services of a consultant; and

WHEREAS, the Borough of Brielle has retained the services of BRB Valuation & Consulting Services, inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 29th day of May 2007, that;

1. BRB Valuation & Consulting Services is hereby retained by the Borough of Brielle to provide consulting services relative to tax appeals and to perform to the terms of the Agreement between the BRB Valuation & Consulting Services and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A: I I-5(I) (a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44A-20.5

5. BRB Valuation & Consulting Services are required to file a Business Entity Disclosure Certification with the Borough of Brielle.

6. Funds for payment of this contract nave been provided for in the Reserve for Tax Appeals in the General Ledger.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A1 l-5(l) (a) and (i) and the Provisions of N.J.S.A.19:44A-20.5.



______________________________________
Thomas F. Nolan
Municipal Clerk



Page 83

These options include a three or five year contract for the continuation of the current once a week back-yard collection. A second trash collection during the summer months, from Memorial Day to Labor Day, and a per unit charge which would permit those individual homeowners who desired the second summer pick-up to deal directly with the contractor. This option would be further divided into option “a” where the Borough would absorb the tipping fees, and “b” where the homeowner would pay the fee. Coun. Scott was confident that this wide range of options would permit the Council to do what was best for all the community.

Coun. Scott reminded the public that Saturday June 2nd was the date for the planting of trees and shrubs on Old Bridge Road. The project would begin at 9:00 a.m. Assistance was welcomed. Just bring a pair of gloves and the Borough will supply the equipment needed for planting.

Coun. Scott also noted that Superintendent Burkhardt had observed that residents were doing better in terms of separating non-recyclable plastics from those that were recyclable, but residents could still do better. Coun. Scott reminded the public that Brielle has found a good market for its plastics because they sorted. However, the sorting has been done by the DPW when the public fails to adhere to list of accepted materials. The list was published in the most recent newsletters and copies were available at Borough Hall.

In closing Coun. Scott cited her attendance at the Decoration Day Ceremony and lauded Borough Historian John Belding for an extraordinary job. She called the event "small town America at its best".

Coun. Nolan gave a run down of the upcoming Recreation Programs and those that were ending. The Summer Recreation Program had over three hundred children sign up and would run throughout the summer. Meantime Pee Wee Soccer would be ending and the two hundred children would have a season ending party. "T" Ball had two weeks more to go and the four teams would also party at season's end. The Tennis clinic had once again "sold out", and July 2nd would see the beginning of the Summer Concert Series with the Church in Brielle's Strawberry Festival. This year the series would also feature a "Brielle Idol" contest.

Coun. Nolan added that the Borough was awaiting the $55,000 grant from N.J.D.E.P. and the Environmental Commission was initiating a program of placing signs to indicate areas of waterfront access throughout the Borough. There were some encroachment issues, but they were being addressed. Coun. Nolan also applauded the Decoration Day Ceremony calling it "phenomenal".

Coun. Garruzzo advised that, as a result of a question raised at the last meeting, he had met with Chief Palmer regarding the Police Boat and ascertained that the primary reason for terminating the service was that it duplicated a service being provided by the Marine Police and the Coast Guard.

The Chief also noted that the boat had been manned by Class II Special Officers who received minimal training from the Coast Guard and there was a concern over liability.

Coun. Garruzzo then read the following letters that have been inserted into the record.





Kevin N. and Sharon Starkey
639 Holly Hill Drive
Brielle, New Jersey 08730
May 21, 2007


Michael W. Palmer, Chief of Police Borough of Brielle
601 Union Lane
PO Box 445
Brielle, NJ 08730

Re: Patrolman Ronald Sofield Case No. 07-1244

Dear Chief Palmer:
I am writing to commend Patrolman Ronald Sofield for demonstrating exceptional professionalism and courteousness at a recent incident in Brielle.
On Saturday, May 12, my wife Sharon inadvertently backed her Honda Odyssey into another vehicle in front of the drycleaners located on the corner of Higgins Avenue and Riverview Drive. Although no property damage or injuries were caused, the other driver reacted in a nasty manner to Sharon. When she called me at home, in a very concerned state, I told her I would come over but that she should also call the police department. By the time I arrived at the location a few minutes later, Patrolman Sofield was already present and talking to the other driver.
My wife was very upset about the incident and I tried to calm her down, while also trying to keep our three young children corralled in our other car. Patrolman Sofield came over to Sharon and me, and very professionally and calmly explained how he would prepare a report and provide it to both parties. He understood that the incident was upsetting and did an admirable job in keeping both sides separated and placated. He also assured us that no damage was caused to either car. Patrolman Sofield even joked with my kids. When he saw that my four-year-old daughter thought someone was going to be arrested (because she thought that was what policemen do), he patiently explained to her that no one was going to be arrested, which quieted her down, even if she was a little disappointed.
The presence of Patrolman Sofield resolved the entire incident without any difficulty whatsoever. He should be commended on his attitude and his professionalism. I also think that you should be proud to have such officers under your command that exemplify the high standards of a top-notch police department. Please accept my thanks and gratitude and let Patrolman Sofield know that his service is appreciated.
Ikl

May 12, 2007

The Brielle First Aid Squad
710 Old Bridge Road
Brielle, NJ 08730

Attention: Driver and Crew: Barb, Jeanne, Karen, Ralph & Janet

Brielle Police Department
601 Union Lane
POB 445
Brielle, NJ 08730

Ladies and Gentlemen:

This letter brings a salute to all of you as well as special acknowledgment to the police officer who was the first to come to our home.

Without your prompt, calm and efficient timing and expertise, my husband wouldn't have survived. As a result of his going into Jersey Shore University Medical Center, at your suggestion, his life was saved.

On that Friday, May 4th, he flat-lined a total of 6 times and now has a permanent pace-maker and can enjoy living fully once again.

From the bottom of our hearts, thank you all:
Sincerely,

Nina Garofalo
646 Oceanview Road Brielle, NJ 08730

Page 84

Coun. Shaak advised the public that the contractor for the Route #70 Project would be starting early this Saturday in the area of Shore Drive & Cedar Lane. A new waterline was being installed which would be a benefit to the Borough. However, the nature of the work required an early start as it had to be completed in one day. The contractor has promised to try and minimize any adverse impacts on the local residents.

Coun. Shaak also praised Gary Pstrak for placing a memorial wreath at the War Veterans Memorial in front of Borough Hall. The practice had been instituted last year and Coun. Shaak thanked Mr. Pstrak for honoring Brielle’s Veterans.

Coun. Shaak also cited the June 24th "Open House" at the Fire House where the Company wished to show the public the new garage and truck both of which were paid for through the generous contributions of Brielle Residents.

Coun. Bolger thanked the volunteers and he was encouraged by the number of participants. He hoped it would become an annual or semiannual event. Coun. Bolger believed that maintaining the beauty of the community was a vital concern.

Coun. Bolger also cited the success of the First Aid Squad's Blood Drive which saw ninety donors come out for the benefit of Dunsten Condoluci.

In closing Coun. Bolger added his voice to those who praised the Decoration Day Ceremony. He noted that it was hard to describe the event and the feeling it generated. Coun. Bolger noted that Mayor Nicol had delivered an appropriate speech and he added that such events do not "just happen"; he thanked John Belding & Susanne Shea for planning the event and cited Sergeant James Seidel for ensuring the safety of the participants. He added that the Brielle Police Department has the most professional officers to be found anywhere.

Prior to opening the public portion of the meeting Mayor Nicol read a statement:

"The Governing Body has made an informed decision to adjudicate the Library issue in Court, on June 6th. Because of the pending litigation, on advice of the Borough Counsel, the Chair will not entertain any comments or discussion on that issue".
---------------------------------------------------------------------------------
The Chair recognized Janice Hendricks, 615 Leslie Avenue, asked Coun. Nolan about the status of the sidewalk for Green Avenue to Union Lane? Coun. Nolan advised that an application had been submitted to NJDOT through the Safe Routes to Schools Program and the application was under review.

The Administrator added that some seven hundred plus applications had been submitted and it was his understanding that only $3.5 million dollars had been allocated for the program.

Teresa Breslin, 20D Maple Lane, inquired about the May 8th Special Meeting and asked if the minutes were available. He Clerk replied that they were and he would provide her with a copy.

Page 85

Ms. Helen Monterbecker, of Spring Lake, advised the Council that Spring Lake would be happy to have a Library like Brielle's.

Teresa Breslin cited a petition with 708 plus signatures and she requested that the Council terminate the litigation against the Library. "It was not too late", she said. She said that her group wanted the litigation to end and the wanted the Library funded. The litigation, she observed, was costing more than it would safe. She added the Association had already incurred $13,000 in legal fees. Ms. Breslin also requested a break-down of the Borough's legal costs to date.

Gary Pstrak, 1020 Riverview Drive, asked for information about spraying for gypsy moths; Coun. Shaak referred him to the Monmouth County Shade Tree Commission.

Ron Ernish, 405 South Street, posed a number of questions to the Council. He voiced a concern over soccer players, who used Brielle Park's fields on Sundays, and urinated in public; he suggested that porto johns be provided to protect both young ladies, such as his neighbor’s seven year old daughter, and "respectable women who were later in life".

He also offered to donate $200.00 toward the provision of a disposal unit for dog feces. He noted that people walked their dogs in the park and "faked" picking up the waste. A disposal unit that featured both bags and a place to dump the waste would be in keeping with the Borough's "animal waste" ordinance.

Mr. Ernish then challenged Coun. Bolger to pay for his use of Curtis House earlier in the year. He claimed that Coun. Bolger owed $100.00 for the use and he was assessing a $50.00 fine. He added that the Boy Scouts had raised $700.00 at their recent car wash and he considered Coun. Bolger's participation as a down payment.

Mr. Ernish announced that he would donate $150.00 to any project that would benefit the community and asked Coun. Bolger to match it.

In closing Mr. Ernish asked the Council to enforce a moratorium on condominium development along Brielle's waterfront.

Lois Hanson, 634 Summit Place, asked Coun. Scott what the timeline was for implementing the new sanitation contract? Coun. Scott estimated a month for preparation of the bid specifications and notice for the receipt of bids. The Borough then had sixty days to award a bid.

Ms. Hanson observed that there would not be twice a week collection this summer. Coun. Scott replied that was correct as the Borough could not amend an existing contract. The new contract would begin in January 2008.

Mr. Ernish was again recognized and he requested that if and when the Council further
Page 86

amends the POD Ordinance, relative to boats, to make it more reader friendly and not to forget that Brielle is a Marine Basin Community.

The meeting was adjourned at 8:05 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.




Approved: June 11th, 2007. _________________________
Thomas F. Nolan Municipal Clerk

 

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