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A Community by the River

Borough of Brielle, NJ


January 28, 2008

March 06 2008

January 28, 2008

Page 12



MINUTES JANUARY 28th, 2008 WORK SESSION START: 7:30PM



PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, 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 7:33 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.


PAGE 13



MINUTES JANUARY 28th, 2008 START: 7:34 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 January 14th, 2008 meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye. No nays. Passed.



Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 08-20 for passage of the Consent Agenda.



Resolutions:

(see insertion).
To appoint Mayor Thomas B. Nicol Emergency Management Coordinator.
To approve Change Order No. 1, in the amount of $18,130.5, Re: 2007 Road Improvement Program.
To approve a request by the American Diabetes Association to conduct their “Tour de Cure” at the Brielle Elementary School on June 21st, 2008.
(see insertion).
(see insertion).


Motions:



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



Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 08-21 TO TRANSFER FUNDS (see insertion). Vote: Coun. Bolger, Garruzzo, Nolan & Scott; all aye. No nays. Passed.



Coun. Gorham, seconded by Coun. Garruzzo introduced Resolution 08-22 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 January 28th, 2008, 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; all aye. No nays. Passed.


Resolution No.08-20-A

Date: January 28th, 2008



Resolution of the Borough of Brielle



Whereas: on January 21st, 2008, Friends of American Cancer Society, submitted Raffle Application No. 2008-1, ID No. 347-04-34818 for an off-premise Raffle, to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle NJ 08730 on Monday, July 7th, 2008, at 8:30pm:



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 January 28th, 2008.



Witness my Hand and Seal of the Borough of Brielle this 29th day of January 2008.


______________________

Thomas F. Nolan

Municipal Clerk



Resolution No: 08-20-E

Date: January 28th, 2008



Resolution of the Borough of Brielle



Whereas, Liability claims against municipalities are already increasing 10% per

year, and



Whereas, the proposed revisions to the Wrongful Death Statute will add another to 6% to 10% to this cost, and



Whereas, under the current wrongful death law, family members can already collect substantial compensation for actual losses such as medical bills and lost income as well as loss of companionship, and



Whereas, this bill will also allow juries to award substantial additional compensation for “emotional distress”, and



Whereas, the bill is contrary to the principles in Title 59, and



Whereas, without the limitations in Title 59, it would be very difficult for state, county and local government to respond to a wide range of emergency situations.



Now, Therefore Be It Resolved, by the Governing Body of the Borough of Brielle that we urge the legislature to exempt Title 59 entities from any expansion of the Wrongful Death Statute.



Be It Further Resolved, that a copy of this resolution be sent to Senator Sean T. Kean, Assemblyman David B. Rible, Assemblywoman Mary Pat Angelini, Governor Jon S. Corzine, Senate President Richard J. Cody & Assembly President Joseph J. Roberts.



Moved By:

Seconded By:



Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak.

Absent:

Certification



The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on January 28th, 2008.



Witness my hand and seal of the Borough of Brielle this 29th day of January 2008.



_______________________ SEAL Thomas F. Nolan

Municipal Clerk

Resolution No: 08-20-F

Date: January 28th, 2008





BOROUGH OF BRIELLE RESOLUTION



Be It Resolved, that Eagle Scout Candidate James Mulligan is hereby authorized to proceed with an Eagle Scout Project that will make improvements to the 911 Memorial Garden. Said improvements to comply with the plan as presented to the Council’s Community Development Committee.





Moved By:

Seconded By:



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





Certification



The foregoing is a true copy of a resolution approved by Mayor & Council at a meeting held on January 28th, 2008.



Witness my hand and seal of the Borough of Brielle this 29th day of January, 2008.



___________________________

Thomas F. Nolan

Municipal Clerk



SEAL



RESOLUTION NO: 08-21

DATE: JANUARY 28th, 2008



RESOLUTION OF THE BOROUGH OF BRIELLE



WHEREAS, NJSA:40A-58 PROVIDES FOR MAKING TRANSFERS BETWEEN BUDGET APPROPRIATION RESERVE ACCOUNTS DURING THE MONTHS OF JANUARY, FEBRUARY & MARCH, AND



WHERAS, IT HAS BECOME NECESSARY AT THIS TIME TO EXPEND FUNDS IN EXCESS OF THE SUMS APPROPRIATED FOR THE PURPOSES SPECIFIED IN THE 2007 BUDGET, AND



WHEREAS. THE GOVERNING BODY MAY, BY RESOLUTION, TRANSFER EXISTING EXCESS TO AN APPROPRIATION DEEMED INSUFFICIENT.



NOW, THEREFORE BE IT RESOLVED, (NO LESS THAN 2/3 OF THE FULL MEMBERSHIP OF THE GOVERNING BODY AFFIRMATIVELY CONFIRMING), THAT THE FOLLOWING TRANSFERS BE MADE BETWEEN APPROPRIATION ACCOUNTS IN THE 2007 BUDGET:



CURRENT:



FROM: GROUP HEALTH INSURANCE $27,105.00



TOTAL $27,105.00



TO: LEGAL $25,800.00

BOARD OF ADJUSTMENT 0/E $ 1,305.00







WATER/SEWER UTILITY



APPROVED: JANUARY 28th, 2008




Page 14



Mayor Nicol then announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “LAND USE”.



The hearing was opened on a motion by Coun. Scott seconded by Coun. Shaak.



The Administrator explained that the Ordinance would eliminate the Zoning Board of Adjustment and combine it with the Planning Board. The Borough anticipated some minor cost savings and greater efficiency.



Community Development Chairman Shaak endorsed the ordinance and believed that, given the size, density and demographics of the Borough the change made sense.



George Perk, 715 Ashley Avenue, asked why if the move would result in greater efficiency there would not be a major cost savings?



Mayor Nicol explained that while there would be one board the volume of work would remain the same, but there would now be one engineer and one attorney and that could realize some economies of scale.



The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan.



Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-23 for passage and adoption on final reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak: all aye. No nays Passed.



Coun. Shaak, seconded by Coun. Garruzzo, then introduced Resolution 08-24 to authorize of passage and adoption in the Coast Star Newspaper according to law. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak: all aye. No nays. Passed.



Mayor Nicol then announce that the time had arrived for a hearing and further consideration of “CALENDAR YEAR 2008” - AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.40A4-45.14).



The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Scott.



The Administrator explained that the Ordinance would permit the Borough to go to a 3.5% CAP which could prove to be a beneficial fiduciary tool during the coming budget season.



The hearing was closed on a motion by Coun. Shaak. seconded by Coun. Nolan.



Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-25 for passage and

Page 15



adoption on second and final reading. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.



Coun Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-26 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Bolger, Garruzzo, 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 20 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “LAND USE” AND CHAPTER 21 ENTITLED”ZONING”.



Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-27 for passage on introduction and First reading. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye No nays. Passed.



Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-28 to authorize publication in the Coast Star for a hearing to be held on February 11th, 2008 @ 7:30 p.m. @ Borough Hall. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.



Mayor Nicol then read a proclamation on Arbor Day:



ARBOR DAY CELEBRATION



Whereas, the State legislature has 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, Be it Proclaimed, that Friday, April 25th, 2008 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.



Thomas B. Nicol

Mayor



Page 16



Coun. Scott thought that it was necessary to introduce the proclamation well in advance of the event as it had to accompany the “Tree City U.S.A.” application. The Clerk advised that she was correct.



Mayor Nicol then cited his attendance at the Pinewood Derby and marveled that some of the vehicles attained speeds of 189 M.P.H.; he was also surprised that seventy scouts participated in the event.



Mayor Nicol then called for Committee Reports and recognized Coun. Scott, who was glad that there had yet been no need to deploy the snow plows, but cited a statistic that every year a hundred billion plastic bags are thrown away. The Councilwoman bemoaned the fact that so many recyclable containers such as ones made of glass or cardboard had given way to plastics and Styrofoam that cannot be reused. She urged residents to return their plastic bags to those stores that accepted them and to bring their own bags to the stores to reduce the waste stream.



Coun. Nolan advised that the Library was conducting three computer training courses for adults. The first, on January 31st was an introductory clinic, to be followed on February 5th by Microsoft Word and then, on February 11th Power Point. Classes would be held at the Library and all began @ 6:30 p.m.



Coun. Nolan also advised that the Board of Recreation would revive the “Soap Box Derby” on September 28th. The probable location would be Schoolhouse Road.



Coun. Nolan had attended the Environmental Commission meeting and that group was reorganizing and preparing to continue to address waterfront access and pesticide issues.



Coun. Nolan advised the public that he was pleased to see the issue of accessory structures finally being addressed. He had served on the Zoning Board of Adjustment for nine Years and knew the importance of the new ordinance.



In closing Coun. Nolan cited his attendance at the PTO’s “Night at the Races”. The entire council had participated in sponsoring the event and Coun. Gorham’s horse had actually won edging out Coun. Nolan by a “nose”.



Coun. Garruzzo announced that Patrolman Todd Gerlach, a member of the Army Reserve, was being deployed to Iraq for fifteen months on February 11th. Coun. Garruzzo referred to Patrolman Gerlach as “a wonderful young man” and he anticipated his safe return.



In his capacity as Fire Commissioner, Coun. Shaak noted that six new volunteers would enter the Fire Academy tomorrow to begin a one hundred and ten hour course of training that ended in May. Three volunteers had attended in 2007 and four in 2006 bringing the total of new trained members of the company to thirteen.

Page 17 28th January 2008



Coun. Shaak also cited L.O.S.A.P. a program that provided a 401-K to those volunteers who qualified through service. In 2007 forty-one members had achieved that status and it "was no easy task".



In closing, Coun. Shaak advised the public that Sandy Ratz had retired as Fire Inspector and the Borough was now seeking a replacement. An ad had run in last weeks Coast Star and so far three resumes had been received.



Coun. Bolger cited his attendance at the Pinewood Derby and noted that such events “just don't happen” they take a great deal of organization and planning and for that effort he congratulated the Shea’s and the other Scout Leaders for a job well done.



Coun. Bolger also cited the recent meeting of the “Ad Hoc” Committee with representatives of the Board of Education. Coun. Bolger stated that it had occurred to him that the only direct involvement between the Council and the School was an adversarial one when a school budget fails and the Council has to review it and make cuts. Coun. Bolger termed that relationship “counter-productive”. He felt that the new Committee could work with the school to address such issues as taxes, regionalization and the consolidation of school districts. “Working together”, he said, we can stay “out front” of these issues.



In closing, Coun. Bolger added that he was pleased that the respective Business Administrator’s had already met to discuss areas for a possible shared services agreement that could ultimately benefit the taxpayer.



Mayor Nicol then opened the meeting to the public and recognized Paul Piero of the American Diabetes Association’s “Tour de Cure”. Mr. Piero thanked the Council, the Brielle Elementary School and the Chamber of Commerce for their support of the event.



Coun. Scott interjected that Brielle employee Tina McDermott was a captain for the Brielle Team and she asked the Mayor if he intended to ride in the event?



"Only if I had a tricycle" he responded. “We can accommodate you”, offered Mr. Piero. He cited a one mile track and a ten mile track for novices.



There being no further comments the meeting was adjourned at 8:00 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.







Approved: February 11th, 2008 _____________________

Thomas F. Nolan

Municipal Clerk

 

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