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A Community by the River

Borough of Brielle, NJ


June 11, 2007

August 24 2007

June 11, 2007

Page 87

MINUTES JUNE 11th, 2007 WORK SESSION START: 7:30PM

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

ABSENT: COUN. SHAAK

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 he asked permission to add two resolutions to the consent agenda to permit the release of developer escrow funds.

The Administrator added that there was a need for an Executive Session to permit the Attorney to update the Council on the outcome of the recent litigation with the Library.

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

PAGE 88

MINUTES JUNE 11th, 2007 START: 7:32 P.M.

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

ABSENT: COUN. SHAAK

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the May 29th, 2007 Meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye. No nays. Passed. Coun. Gorham abstained.

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

Resolutions:

07-67-A (see insertion). 07-67-B (see insertion). 07-67-C (see insertion). 07-67-D (see insertion). 07-67-E (see insertion).

Motions: None.

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

Coun. Gorham, seconded by Coun. Garruzzo introduced Resolution 07-68 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 June 11th, 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; all aye. No nays. Passed.

Mayor Nicol then read the following statement:

“On Thursday, June 7th, the long and arduous ordeal of the Brielle Library Association vs. the Borough of Brielle came to an end. The fact that the disagreement had reached the point where only litigation could lead to resolution is most unfortunate, but the fact remains that the issue has been resolved”.

Brielle residents should be mindful that this action, by the Mayor & Council, has resulted in a savings of $90,000 for our taxpayers.

Resolution No: 07-67-A
Date: June 11th, 2007


Borough of Brielle Resolution

Whereas, application has been made for the renewal of liquor license #1308-33-008-001, and

Whereas, the application is complete, the $1,866.00 fee due to the Borough 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 met, and

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

Now, Therefore Be It Resolved, that the application of the Manasquan River Golf Club, for premises located at 847 Riverview Drive (P.O. Box 505), Brielle, New Jersey, is hereby approved and the Clerk of the Municipality is authorized to deliver said license to the holder for the License Year 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 June 11th, 2007.

Witness my hand and seal of the Borough of Brielle this 12th day of June 2007.




______________________
Thomas Nolan
Municipal Clerk

Resolution No.07-67-B
Date: June 11th, 2007

Resolution of the Borough of Brielle

Whereas: on June 5th, 2007 the Women’s Club of Brielle, submitted Raffle Application No. 2007-7, ID No. 57-8-1524 for an on-premise 50/50 Raffle, to be held at the Curtis House, 658 Union Lane, Brielle NJ 08730 on the following dates:

9/13 - 2pm 1/10 - 2pm
10/11 - 2pm 2/14 - 2pm
11/8 - 2pm 3/13 - 2pm
12/13 - 2pm 4/10 - 2pm

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 June 11th, 2007.

Witness my hand and Seal of the Borough of Brielle this 12th day of June 2007.





________________________
Thomas F. Nolan
Municipal Clerk









Resolution No: 07-67-C
Date: June 11th, 2007

Resolution of the Borough of Brielle

Whereas, on June 5th, 2007 the Holiday Express, 968 Shrewsbury Ave., Tinton Falls, NJ 07724, submitted Raffle Application No. 2007-8, ID No. 343-4-36537 for an on-premise 50/50 raffle to be held at the Manasquan River Golf Club, 847 Riverview Dr., Brielle NJ 08730, on the 23rd of July at 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 June 11th, 2007.

Witness my hand and Seal of the Borough of Brielle this 12th day of June 2007.


_______________________
Thomas F. Nolan Municipal Clerk

Resolution No:
Date: June 11th, 2007

Borough of Brielle Resolution

WHEREAS, there is a Developer Escrow Account for Bruce Wilt that can be reduced as per Abbington Associates, Inc. report of February 2007, and

WHEREAS, the Maintenance Bond for this property located at 402 Higgins Avenue, in the amount of $18,450.00, has been received,

NOW, THERFEORE, RE IT RESOLVED, that a check be drawn in the amount of $8,809.59, made payable to Bruce Wilt, to refund the excess inspection fee now on file.



approved: June 11th, 2007


Resolution No:
Date: 11th June 2007

Borough of Brielle Resolution

WHEREAS, there is a Developer Escrow Account far Rocon Contracting that can be reduced as per Birdsall Engineering, Inc. report of October 2006, and

WHEREAS, the Maintenance Bond for this property located at 705 Union Avenue, in the amount of $3,210.08, has been received,

NOW, THEREFORE, BE IT RESOLVED, that a check be drawn in the amount of $1,805.25, made payable to Rocon Contracting Development, to refund the excess inspection fee now on file.



Approved: June 11th, 2007


Page 89

As of July 1st, a new Association will assume operation of the Brielle Library. The Mayor & Council intend, indeed they pledge to have a continuing dialogue with the new Trustees to ensure that the events that led to the litigation are never repeated.

The Borough, in conjunction with the new Trustees, will guarantee to continue the present level of Library Services to the residents of the Borough of Brielle, and they will make every effort to expand the current level of service.

As Judge Lehrer so cogently observed, the Library is “for the people”. Neither the Mayor & Council nor the new Trustees own the assets of the Library; they belong to "you the people". And so, in a renewed partnership the Governing Body and the new Trustees intend to go forward, and to ensure that Brielle continues to have the best little Library in the State of New Jersey.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised the public that the recent tree planting on Old Bridge Road had been a resounding success. Some twenty volunteers had participated in the event in conjunction with members of the Shade Tree Commission, the Boy Scouts, local residents, including Dave Dupre, and even inter-local cooperation from Manasquan, who lent the Borough a small back-hoe. Coun. Scott thanked one and all.

Coun. Scott then noted that she had been torn by the Library issue and had sat silent on the dais for over a year while negotiations took place in deference to that procedure and the restraints imposed by the pending litigation.

Coun. Scott added that she had been troubled by the “we vs. them” aspects of the issue as the real issue had always been about the people and the Library serving the community. The Library will continue to serve the community and Coun. Scott hoped that those people who were disappointed with the verdict would recognize that the Library would continue to serve the people.

Coun. Scott also recognized the good faith effort made by the former Trustees in reorganizing the Library's policies and she hoped that "the baby would not be thrown out with the bath water" and that we would now move forward. Coun. Scott pledged to have a fair and open process in all future dealings with the Library.

Coun. Gorham reminded the public that, even though it was June, the annual budget process would soon begin. He hoped that his financial expertise would contribute to that process, and he asked the public for their input, in particular in the area of capital improvements; he informed the public that their ideas were welcome.

Coun. Nolan cited the Board of Recreation's upcoming summer concert series that would begin with the Church In Brielle's "Strawberry Festival" and include Brielle's version of "American Idol". Coun. Nolan noted that "Tee-Ball & Soccer" had come to a successful Page 90

conclusion, the Environmental Commission continued to move forward with its "water access" program, and the web-site featured new entries everyday.

Coun. Nolan noted that he anticipated hearing on the status of the Borough's Safe Routes to School application within two weeks, but added that 274 applications, totaling 75 million dollars had been submitted; the State had appropriated 3.5 million to fund the program.

Coun. Garruzzo advised the public that in May, the Police Department had opened 385 cases and had made 18 arrests.

Coun. Bolger acknowledged Borough Attorney Nicholas Montenegro's skills as an attorney and an advocate for the Borough. He noted that his skills had been in evidence during the recent litigation and his counseling to be "patient" had assisted the Borough throughout the course of the litigation. Coun. Bolger added that he would be remiss not to offer recognition to Mr. Montenegro's associate, Ben Montenegro, reiterating Judge Lehrer's complimentary accolade "the two-headed Montenegro".

Coun. Bolger closed by noting that he would be submitting his own statement on the Library issue to the press.

Mayor Nicol opened the meeting to the public and recognized Eloise Knight, of Eloise's Cafe, who asked the Council to add their voice to those who supported the preservation of the Glimmer Glass Bridge, which she stated was the last bridge of its kind in the State, and was scheduled to be placed on the National Preservation List.

Lois Hanson, Summit Place, 634 Summit Place, took the Council to task for not seeking to amend the current contract to provide for twice a week summer trash collection. Ms. Hanson cited a problem with maggots that she saw as both a health risk for residents and an environmental issue, as the bleach and other cleansing products employed in the fight against the maggots ultimately made their way into the storm water system.

Coun. Scott noted that the Borough was preparing bid specifications for 2008 and the current contract would be in effect until December 31st, 2007.

Rod Zarelli, 301 South Street, suggested that the Council consider curb-side collection as an option to reduce overall cost and provide a savings to off-set the cost of twice a week summer collection. Council acknowledged that this was an option.

Patricia Housen, 412 Laurel Ave., stated that she shared Ms. Hanson's health concerns over the maggot infestation and urged the Council to take action. Ms. Housen cited a conversation with a employee of NJDEP who told her that once a week trash collection was a hazard and, since he had a disabled child, he could not live in a town that had once a week collection,

Mary Lou Brandt, 24 A Brandywyne, asked for an accounting of the money expended in the Page 91

law suit against the Brielle Library. Mayor Nicol advised that it would be provided at the next meeting.

Ms. Brandt also informed the Council that Amy Ferguson, an 85 year old woman, had been so upset by the Library situation that she had obtained eighty-five additional signatures for the petition. Ms. Brandt submitted them to the Clerk.

Theresa Breslin, 20 D Maple Lane, asked which members of the Council voted in favor of the litigation against the Library? Mayor Nicol advised that it was unanimous.

Edith Nowels, 637 Holly Hill Drive, asked if Mr. Montenegro's talents could be employed to make everyone "turn the other cheek". Ms. Nowels went on to note how difficult it was to be a Councilmember and to have to view issues from both a personal and a public stance.

Ms. Nowels then took exception to the employment of non-residents as board workers on election day and viewed the practice of multiple board workers as wasteful; she also took exception to former First Aid Volunteers, who had come to her aid when her husband was ill, being restricted in their access to the First Aid Building during voting.

Ms. Nowels added that she could not understand why Amy Ferguson was concerned over the Library issue as the Council had done due diligence in recovering surplus funds that had been given to the Library. She also took exception to non-residents employed by the Library being critical of the Council's position.

Dave Dupre, 1016 Riverview Drive, thanked the Council for providing a larger American Flag at the 911 Memorial Garden.

Theresa Breslin. 20 D Maple Lane, inquired as to the composition of the new Board of Library Trustees and the alleged savings of $90,000? Mayor Nicol advised that the matter was going to be discussed in Executive Session and ultimately would be made public.

Attorney Montenegro added that former Library Employees could submit their resumes to the New Association.

Agatha Grady, 609 Valley Road, asked if the new Library Director would have credentials equal to those of the current Director, and if the Council was prepared to guarantee that? She termed the Borough's litigation against the Trustees a "hatchet job".
Mayor Nicol advised that the Borough had never had a contract with the current Library Association and that group served at the pleasure of the Borough Council. The Borough was not involved in job descriptions for potential employees. The Borough did not do a "hatchet job", but simply attempted to ensure that the residents of Brielle received "the best bite for their buck!"

Page 92 11th June 2007

Mayor Nicol added that when he became a Councilman in 1984 he vowed to relocate the Brielle Library from the basement of the Borough Hall to a new facility; he was able to achieve and this he intended to see to it that the residents of Brielle continued to have access to a high quality Library.

Jim Stenson, 610 Rankin Road, advised those assembled that the Brielle Fire Company would be hosting an open house on June 24th between the hours of 12:00 p.m. and 3:00 p.m. to permit residents to view the new rescue truck and the recent improvements made to the fire house through the use of the generous donations made by Brielle residents to the Fire Company.

In reply to an inquiry by Janice Wurfel, 506 Green Avenue, Mr. Stenson noted that “there would be sandwiches”.

There being no further public comment, Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 07-69,
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 June 11th, 2007, as follows:
1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
2. The general nature of the subject matter to be discussed is as follows: "Litigation Brielle Library".
3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

The Executive Session began at 8:15 p.m. and ended at 8:52 p.m. The session was adjourned on a motion by Coun. Garruzzo, seconded by Coun. Bolger.

On a motion by Coun. Garruzzo, seconded by Coun. Scott, it was stated that the Council had reviewed a number of issues that had been raised by the Brielle Library Association and the Borough Attorney was authorized to contact the Association on behalf of the Mayor & Council to negotiate pursuant to discussion in the Executive Session; all aye. No nays.

The meeting was adjourned at 8:55p.m. on a motion by Coun. Scott, seconded by Coun. Garruzzo,.

Approved: June 25th, 2007.

_________________________
Thomas F. Nolan Municipal Clerk

 

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