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A Community by the River

Borough of Brielle, NJ


September 24, 2007

December 07 2007

September 24, 2007

Page 126

MINUTES SEPTEMBER 24th, 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 advised the Council that he had nothing to report, but an Executive Session would be required to discuss tax appeals and potential litigation.

The Administrator also cited correspondence from Chris Housen who requested permission to use a Borough owned lot on Osprey Point Drive to access his property on that street. He was putting in a pool and his neighbor had granted permission to access the site through his backyard, but to reach that point the installer had to first cross over the Borough property. Council had no objection.

The Chair then recognized Ms. Karen S. Brisben and read a Proclamation in her honor;

BOROUGH OF BRIELLE

Whereas, Karen S. Brisben has served the Borough of Brielle in the capacity of Chief Municipal Finance Officer and Tax Collector since 1985, and

Whereas, the Borough of Brielle and its residents have directly benefited from Ms. Brisben’s dedication to the performance of her duties, her exemplary work ethic, and her selfless service to the public, and

Whereas, such a record of public service is worthy of commemoration.

Now, Therefore Be It Proclaimed, that September 24th, 2007 be observed as Karen S. Brisben Day in the Borough of Brielle and all Brielle Residents are encouraged to join with the Mayor & Council in according Ms. Brisben the recognition she so richly deserves.

_____________________
Thomas B. Nicol
Mayor

Page 127

Mayor Nicol then presented Ms. Brisben with a copy of the Proclamation and Coun. Scott gave Ms. Brisben a token of the Council’s appreciation for her years of dedicated service to the people of Brielle.

Mayor Nicol noted that Karen’s commitment to the Borough should never be estimated and cited the numerous times he had passed Borough Hall on a Saturday or Sunday and saw her vehicle parked in the municipal lot.

Coun. Scott echoed the Mayor’s sentiments and called Karen “a gem”. Ms. Brisben thanked the Council and added that “she felt like she had just won an emmy”.

The work session was adjourned at 7:38 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.































PAGE 128

MINUTES SEPTEMBER 24th, 2007 START: 7:32 P.M.

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

ABSENT: NONE.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the September 10th, 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 07-94 for Passage of the Consent Agenda

Resolutions

A. (see insertion).
B. (see insertion).
C. (see insertion).
D. To appoint Colleen Castronova, Municipal Tax Collector effective October 1st, 2007.
E. To appoint Karen S. Brisben, Planning Board & Board of Adjustment Secretary effective November 1st, 2007.
F. To appoint Karen S. Brisben as a Part-Time Clerical Assistant, Payroll Clerk and Deputy Tax Collector effective November 1st, 2007.
C. To authorize the Administrator to enter into an Inter-Local Agreement with Wall Township for the sharing of the services of their C.M.F.O. Stephen Mayer and his staff.
H. To appoint Tina McDermott as a Deputy Court Administrator effective this date.
I. (see insertion).
J. (see insertion).
K. To authorize refunds for overpayment of taxes to Block 33.01, Lot 17, in the amount of $1,157.60 and Block 32.01, Lot 21, in the amount of $1,631.03.

Motions:

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

(Note: Coun. Bolger abstained on Resolution “J”. Coun. Gorham abstained on Resolution “K”. Coun. Bolger mused that Ms. Brisben had not yet left the building and she was being reappointed. William Brannick, 805 School House Road, asked about the Inter-local Agreement with Wall Township and the Administrator advised that it was being finalized, but a copy of the Agreement would be on file by January 1st, 2008.)



Resolution No.07-95-A
Date: September 24th, 2007

Resolution of the Borough of Brielle

Whereas: on September 4th, 2007, Guild of Ocean Medical Center, submitted Raffle Application No. 2007-10, ID No. 401-4-6902 for an off-premise Gift Certificate Raffle, to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle, NJ 08730 on Thursday, November 8th, 2007 from 9:am-3:00pm:

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 September 24th, 2007.

Witness my hand and Seal of the Borough of Brielle this 25th day of September 2007.





______________________
Thomas F. Nolan
Municipal Clerk













Resolution No.07-95-B
Date: September 24th, 2007

Resolution of the Borough of Brielle

Whereas: on September 4th, 2007, Guild of Ocean Medical Center, submitted Raffle Application No. 2007-11, ID No. 401-4-6902 for an on-premise 50/50 Cash Raffle, to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle, NJ 08730 on Thursday, November 8th, 2007 from 9:am-3:00pm:

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 September 24th, 2007.

Witness my hand and Seal of the Borough of Brielle this 25th day of September 2007.





______________________
Thomas F. Nolan
Municipal Clerk













Resolution No.07-95-C
Date: September 24th, 2007

Resolution of the Borough of Brielle

Whereas: on September 4th, 2007, Guild of Ocean Medical Center, submitted Raffle Application No. 2007-12, ID No. 401-4-6902 for an on-premise Gift Auction, to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle, NJ 08730 on Thursday, November 8th, 2007 from 9:am-3:00pm:

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 September 24th, 2007.

Witness my hand and Seal of the Borough of Brielle this 25th day of September 2007.





______________________
Thomas F. Nolan
Municipal Clerk













Resolution No: Date: September 24th, 2007

Resolution of the Borough of Brielle


WHEREAS, there is a Developer Escrow Account for River Vue at Hoffman’s Marina that can be released as per Birdsall Engineering, Inc. report of September 12th, 2007 and

WHEREAS, the Performance Bond for this property located on Green Avenue, Block 58.01 Lot 1, can be reduced to 30%, or $457,106.04,

NOW, THEREFORE, BE IT RESOLVED, that a check be drawn in the amount of $112,432.70, made payable to Riverview at Brielle, LLC, to refund the excess inspection/cash guarantee fee now on file.



Approved: September 24th, 2007



























Resolution No:
Date: September 24th, 2007


Borough of Brielle Resolution

WHEREAS, there is a Developer Escrow Account for MGM Homes, LLC that can be released as per Birdsall Engineering, Inc. report of August 29th, 2007, and

WHEREAS, the two-year Maintenance Bond for this property located on Fisk Avenue, Block 47 01. Lot 12.01 (street name Waters Edge), can also be released

NOW, THEREFORE, BE IT RESOLVED, that a check be drawn in the amount of $12,029.92, made payable to MGM Homes, LLC, to refund the excess inspection fee now on file.



Approved: September 24th, 2007



























Page 129

Coun. Gorham, seconded by Coun. Shaak introduced Resolution 07-95 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 September 24th, 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.

(Note: Resolution “K” authorized a reimbursement for overpayment of taxes. Since the recipient was Coun. Gorham. Coun. Shaak was authorized to sign that particular voucher).

The Mayor called for committee reports and recognized Coun. Scott who advised the public that hydrant flushing was underway and residents could experience low pressure and some discoloration. The water should clear itself by running the tap, if not, contact the Water Department at Borough Hall.

Leaf collection would begin on October 1st and end on December 15th. Brush Collection would cease on October 15th. Details would appear in the Newsletter.

Clean-up week would begin the week of October 15th, bulk items and construction debris from “home improvement jobs” could be placed at the curb. Commercial construction debris would not be taken. Coun. Scott also noted that there was some confusion between clean-up week and Coun. Bolger’s town-wide clean-up project, so in the future she would term Clean-up Week as “Bulk Pick-up”.

Coun. Scott also reminded the public and in particular the groups who utilized Curtis House that the television was for DVD and VHS use; it was not connected to cable nor had it any antennae; it could not be used to view television programs. Person or persons unknown continually fiddled with the dials and the set had to be reprogrammed.

Coun. Scott added that the rear door was also being left open despite posted signage stating that it was to be kept closed. This matter was under investigation.

Coun, Nolan noted that the new Librarian was doing “a great job” and had prepared an impressive 100 Day Plan which was now being implemented.

Coun. Nolan further advised that the annual Family Picnic would be held on September 30th between the hours of 12:00 noon and 3:00 p.m. The Borough had received $9,000 from NJDEP for improvements to the Brielle Beach site on Magnolia Avenue, and the Cub Scouts & Boy Scouts had held a “campout” in Brielle Park over the weekend; it was a great success and Coun. Nolan hoped it would become an annual event.

In closing he reminded the public that school was in session, so drive carefully.

Coun. Garruzzo having no report, Coun. Shaak noted that the Route #70 Bridge Project was
Page 130

in the pile driving phase, which was “annoying”. However, the project was well ahead of schedule and it was hoped that, by November, the installation of the horizontal girders would began. This meant that the pile driving phase had ended. Coun. Shaak also added that the contractor had had a few early starts, but this was due to the need to take advantage of the tides during the pile driving. He asked the public to be patient.

Coun Bolger cited the agreement for the sharing of the services of CMFO and noted that it was one way to save tax dollars and this type of an agreement was “in vogue, if not a necessity”. The Borough was proceeding slowly in this direction, but such agreements promised real cost savings down the line.

Coun. Bolger also differentiated between his town-wide clean-up and clean-up week. His project aimed to bring people together to have a fun time while at the same time preserving the natural beauty of Brielle which was its greatest natural resource. Coun. Bolger thanked those groups and individuals who had committed to the project that would take place on October 13th with the groups meeting at Curtis House; he also thanked the Coast Star for their coverage of the event.

Coun. Gorham advised the public that the budget process will begin in October and, if the public had any innovative ideas along those lines, he would be pleased to hear from them.

Mayor Nicol opened the meeting to the public and recognized Mary Burke, 1013 Cedar Lane, who asked Council if any of them had experienced a sensation of instability when crossing the Route #70 Bridge in a westerly direction?

Coun. Nolan advised that he believed that the problem was with the grates that were a temporary installation as a shoulder was to be installed when the new section of the bridge was opened.

William Brannick, 805 Schoolhouse Road, asked Coun. Nolan about the $9,000 received from the NJDEP and its purpose?

Coun. Nolan replied that it was intended to upgrade the Brielle Beach area and would enhance public access. An additional $12,000 was to be disbursed shortly and another $30,000 within four months.

Jack Baatz, 1105 Aileen Road, voiced a concern over the $766.00 being paid to Associated Humane Societies for their services in August when they picked up “one dog”?

The Administrator explained that it was an annual contract and paid in monthly installments. In other months the volume of calls was higher; he added that there were only two agencies that provided these services and this one was the most economical.


Page 131

Mr. Brannick observed that the Council was going into Executive Session and asked if any action would be taken as a result of that session?

The Administrator advised that Council would be briefed on the status of tax appeals, but no formal action would be taken.

Mary Lou Bolger, 2 Water’s Edge, asked if the plans for Brielle Beach included a ramp for launching kayaks?

Coun. Nolan said that the Board of Recreation was floating a variety of ideas and the concept was still in development.

Coun. Bolger then asked Coun. Nolan if the NJDEP money could be used at any of the other water access points in the Borough?

Coun. Nolan said it was dedicated to the Brielle Beach site and the funds were being made available after a site inspection by NJDEP. The improvements included a nature walk and a playground.

Coun. Scott took exception to the playground as it was her recollection that the area was to be developed for passive recreation and the area’s ecology preserved.

Coun. Nolan said that the Board of Recreation was working off a concept plan provided by Birdsall Engineering and the primary goal was public access.

Janet Hendricks, 615 Leslie Avenue, asked about Donnelly Beach, and the numerous boats lying around the area? Coun. Nolan explained that Brielle owned only a small portion of the property, the rest was private property.

Mr. Brannick raised the issue of who paid taxes on the property and cited an earlier conversation with the Administrator who had told him that determining ownership would require a Title Search.

This led to a protracted discussion that highlighted the fact that many of the “water access points” appeared to be in a gray area and Coun. Bolger, for one thought that this matter should be clarified as each of the access points had its own issues and there was no clear policy; Council also concurred with Mr. Brannick that the issue of taxes and ownership should be investigated.

There being no further comments the Council entertained a Resolution for Executive Session.




Page 132 24th September 2007

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-96 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo. Gorham, 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 County of Monmouth, State of New Jersey, on September 24th, 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:
“Status of Tax Appeals”.

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 8:25 p.m. and ended at 9:05 p.m. The session was adjourned on a motion by Coun. Shaak, seconded by Coun. Garruzzo.

The Administrator advised that the Council had been updated as to the status of twenty-eight tax appeals now being referred to Superior Court. Information had been provided by the Borough Attorney and Tax Assessor Mary Lou Hartman.

(Note: Due to the nature of the subject matter, Coun. Bolger excused himself)



The meeting was adjourned at 906 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.




Approved: October 10th, 2007 _______________________
Thomas F. Nolan
Municipal Clerk



 

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