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A Community by the River

Borough of Brielle, NJ


February 11, 2008

March 06 2008

February 11, 2008

Page 18



MINUTES FEBRUARY 11th, 2008 WORK SESSION START: 7:30PM



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



ABSENT: NOLAN & 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



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



PAGE 19



MINUTES JANUARY 28th, 2008 START: 7:32 P.M.



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



ABSENT: COUN. NOLAN & SHAAK.



Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the January 28th, 2008 Meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Scott; all aye. No nays. Passed. Coun. Gorham abstained.



Coun. Garruzzo, seconded by Coun. Gorham, introduced Resolution 08-29 for Passage of the Consent Agenda.



Resolutions:



A. To authorize the renewal of the Brielle Motor Court’s License for calendar 2008.

B. (see insertion)

C. (see insertion)

D. (see insertion)

E. (see insertion)

F. (see insertion)

G. (see insertion)

H. (see insertion)



Motions:



Vote: Coun. Bolger, Garruzzo, Gorham & Scott; all aye. No nays. Passed. (Note: Coun. Bolger requested clarification of Resolution “C” and the Administrator explained that the firm of Data Trace would pay the Borough $200.00 to obtain electronically the data that previously they obtained manually. This was made possible by the new software. Mr. David Dupre, 1016 Riverview Drive, asked what the purpose of “E” was and the Administrator advised that the Borough would participate in a pilot program through the Monmouth JIF to audit energy usage and to seek means of reducing overall energy costs.)



Mayor Nicol then appointed Coun. Scott to the Finance Committee for purposes of this meeting.



Coun. Gorham, seconded by Coun. Scott, introduced Resolution 08-30 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 February 11th, 2008, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Gorham & Scott; all aye. No nays. Passed.





Resolution No: 08-29-B

Date: February 11th, 2008



RESOLUTION OF THE BOROUGH OF BRIELLE



WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987 c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and



WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and



WHEREAS, The New Jersey Department of Environmental Protection and Energy has promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and



WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and



WHEREAS, A resolution authorizing the Borough of Brielle to apply for such tonnage grants for calendar year 2007 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Borough of Brielle to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and



WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.



NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Brielle hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and Energy and designates William A. Burkhardt, Jr. to ensure that the application is properly filed; and



BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to-be used solely for the purposes of recycling.



Vote:



CERTIFICATION



The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on February 11th, 2008.



Witness my hand and seal of the Borough of Brielle this 28th day of February 2008.







SEAL

Thomas F. Nolan

Municipal Clerk

Resolution No: 08-29-C

Date: February 11th, 2008





Resolution of the Borough of Brielle



Whereas, the Borough of Brielle has received a proposal from Data Trace, a tax search firm, requesting a data transmission once a week, from the Brielle Tax Office of Borough Tax Records, and



Whereas, said request relates to information that is open to the public and would be available upon request, and



Whereas, Data Trace has proposed to pay the Borough of Brielle the sum of $200.00 per year for providing this service, and



Whereas, the proposal has been reviewed by the Tax Collector who recommends that the Borough accept said proposal.



Now, Therefore Be It Resolved, that the proposal from Data Trace be accepted and that the Borough Administrator be authorized to accept the proposal on behalf of the Mayor & Council.





Certification



The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on February 11th, 2008.



Witness my hand and seal of the Borough of Brielle this 12th day of February, 2008.







___________________

Thomas F. Nolan

Municipal Clerk

SEAL



Resolution No.08-29-D

Date: February 11th, 2008



Resolution of the Borough of Brielle



Whereas: on January 24th, 2008, Sea Girt Woman’s Club, 219 Philadelphia Blvd., Sea Girt, NJ, submitted Raffle Application No. 2008-2, ID No. 447-8-35188 for an on-premise Raffle, to be held at the Manasquan River Golf Club, 843 Riverview Drive, Brielle NJ 08730 on Wednesday, May 21st, 2008 from 12pm to 4pm.



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 February 11th, 2008.



Witness my hand and Seal of the Borough of Brielle this 12th day of February 2008.



______________________

Thomas F. Nolan

Municipal Clerk


Resolution No: 08-29-E

Date: February 11th, 2008



RESOLUTION OF THE BOROUGH OF BRIELLE

A RESOLUTION AUTHORIZING PARTICIPATION IN THE

ENVIRONMENTAL JOINT INSURANCE FUND’S SUSTAINABLE

ENERGY PROJECT



WHEREAS, the Environmental Joint Insurance Fund, of which the Borough of Brielle is a member, is conducting preliminary studies and evaluations to offer the means to supply sustainable energy to municipalities that may be interested in such potential savings, and



WHEREAS, in order to participate in the preliminary study, the Environmental Joint Insurance Fund requests the authorization of the Borough of Brielle to provide its historical usage and billing information and the release of such data so that an appropriate evaluation may be made.



NOW, THEREFORE BE IT RESOLVED, by the Mayor & Council of the Borough of Brielle, County of Monmouth and State of New Jersey as follows:



1. PMK Group is hereby authorized to obtain information about the Borough of Brielle’s historic energy usage and billing information and the Borough of Brielle hereby consents to the release of such data for the purpose of evaluating the municipality’s energy use patterns.



2. The authorization in no way binds the Borough of Brielle to purchase any service or product and there is no cost or commitment for the evaluation that will be performed by PMK Group, Inc. in conjunction with the Environmental Joint Insurance Fund.



Moved By:

Seconded By:

Vote:

CERTIFICATION



The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on February 11th, 2008.



Witness my hand and seal of the Borough of Brielle this 12th day of February, 2008.





___________________

Thomas F. Nolan

SEAL Municipal Clerk







Resolution No.08-29-F

Date: February 11th, 2008



Resolution of the Borough of Brielle



Whereas: on February 4th, 2008, Brielle Fire Company #1, 509 Longstreet Ave., Brielle, NJ, submitted Raffle Application No. 2008-3, ID No. 57-9-9394 for an on-premise raffle, to be held at the Simko’s Grille, 403 Higgins Ave., Brielle NJ 08730, on Saturday, March 8th, 2008 from 10am to 5pm.



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 February 11th, 2008.



Witness my hand and Seal of the Borough of Brielle this 12th day of February 2008.



______________________

Thomas F. Nolan

Municipal Clerk


Resolution No.08-29-G

Date: February 11th, 2008



Resolution of the Borough of Brielle



Whereas: on February 4th, 2008, Brielle Fire Company #1, 509 Longstreet Ave., Brielle, NJ, submitted Raffle Application No. 2008-4, ID No. 57-9-9394 for an off-premise super 50/50 raffle, to be held at the Brielle Park, Union Lane, Brielle NJ 08730, on Saturday, September 6th, 2008 from 9am to 5pm.



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 February 11th, 2008.



Witness my hand and Seal of the Borough of Brielle this 12th day of February 2008.



______________________

Thomas F. Nolan

Municipal Clerk




Resolution No: 08-29-H

Date: February 11th, 2008



Borough of Brielle Resolution



WHEREAS, the MONMOUTH COUNTY ARCHIVES is a department within the office of the Monmouth County Clerk in the State of New Jersey, having its principal office at 125 Symmes Drive, Manalapan, NJ 07726, and



WHEREAS, said institution was established for the purpose of perpetuating knowledge of, and encouraging public interest in, the history of the Borough of Brielle, and to acquire and preserve materials and information relevant to the social, economic and political history of the Borough of Brielle; and



WHEREAS, it has been recommended to the Borough of Brielle that it would be to the mutual advantage of both the Borough of Brielle and the MONMOUTH COUNTY ARCHIVES to enter into a deposit agreement providing for the transfer of physical custody, but not the legal custody, of certain historical public records to the MONMOUTH COUNTY ARCHIVES, to be kept and maintained by the Society; and



WHEREAS, the Borough of Brielle has considered said recommendation and is of the opinion that such transfer of said public records, reserving to the Borough of Brielle the right to recall said public records. would be beneficial to the residents of the Borough of Brielle and other persons interested in the history of Borough of Brielle; and



WHEREAS, the New Jersey Administrative Code, at 15:3-6.3(e)(3), provides that historically public records may be deposited in another institution with the approval of the Division of Archives and Records Management, Department of State; and



WHEREAS, it appears that the MONMOUTH COUNTY ARCHIVES is able to provide sufficient storage space, environmental controls, and security for the preservation of said public records in its facilities, and there to permit public access to said records during its regular business hours; and



WHEREAS, the MONMOUTH COUNTY ARCHIVES has requested physical custody of said public records, and desires to enter into a deposit agreement with the Borough of Brielle stating the terms and conditions of the transfer of custody:



NOW, THEREFORE, BE IT RESOLVED by the Mayor & Council of the Borough of Brielle to grant the Board of Chosen Freeholders the physical custody, but not the legal custody, of the historical public records listed in Exhibit 1 of the proposed deposit agreement as attached, and/or any future additions or corrections made to this list under the terms of the said deposit agreement, shall be transferred to the MONMOUTH COUNTY ARCHIVES; and that the said records shall be maintained and made publicly accessible by said institution in its facilities for an indefinite period; and that the deposit agreement containing the specific terms and conditions of this transfer be executed by authorized officials of both the Borough of Brielle and the MONMOUTH COUNTY ARCHIVES and made part of the official minutes of the governing body of the Borough of Brielle.



ADOPTED, at a regular meeting of the Mayor & Council of the Borough of Brielle, held the 11th of February 2008 at 601 Union Lane, Brielle, New Jersey.







ATTEST: Mayor & Council

OF THE BOROUGH OF BRIELLE



___________________ ___________________

Thomas F. Nolan Thomas B. Nicol

Municipal Clerk Mayor





Page 20



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” & CHAPTER 21 ENTITLED “ZONING”.



The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Scott. The Administrator advised that the Ordinance would limit the height of accessory buildings to 17 feet and limit any plumbing to the first floor.



Coun. Scott thought that the ordinance was a move in right direction, but she questioned the fact that it did not address the set-back requirement of five feet.



Andrew Crowe, 624 Union Lane, took issue with the height limitation and felt that it would impact the ability to construct a garage or other accessory building that would be aesthetically pleasing as it appeared to curtail the use of dormers or other decorative features.



Andrew Crowe took no issue with the intent of the ordinance and the desire to ensure that accessory structures did not include habitable space, but he thought the proposed ordinance was too restrictive.



Mayor Nicol advised that the Borough Engineer had modeled the ordinance on similar ones in local communities such as Manasquan. Mr. Crowe replied that he did not live in Manasquan, he lived in Brielle. Mayor Nicol noted that nothing in the ordinance limited a homeowner from seeking a variance. Mr. Crowe did not think that he or any homeowner should be forced to pursue that option.



Coun. Bolger asked Mr. Crowe if he anticipated constructing an accessory structure in the near future and he replied that he was thinking about a two car garage and the proposed ordinance would limit his options.



David Dupre. 1016 Riverview Drive asked if the 20% lot coverage requirement would remain in force and Attorney Montenegro advised that it would.



Patricia Newman, 705 Evergreen Avenue, informed the Council that her neighbor had just constructed a 2,000 square foot accessory structure, and had asked her to provide a buffer zone. She thought that it was rather odd and added that their driveway was on the property line.



Coun. Garruzzo advised that if the building was under construction it had to have building permits and was obviously legal.



Given the concerns voiced by the public the matter was carried to the February 25th, 2008 meeting, without further notice of publication, and the Mayor directed the Administrator to have the Borough Engineer present.







Page 21



Mayor Nicol then read a Proclamation



Office of the Mayor

Proclamation

IN RECOGNITION



WHEREAS intellectual and developmental disabilities are conditions which affect more than 7 million Americans and their families;



AND WHEREAS public awareness and education enhance a community’s understanding of the issues affecting people with intellectual and developmental disabilities;



AND WHEREAS people with intellectual and developmental disabilities can be vital and vibrant members of our communities, improving the quality of life for all of us;



AND WHEREAS the month of March has been designated Arc Awareness Month by the state of New Jersey with 20 chapters of The Arc undertaking public awareness, educational and fundraising initiatives;



AND WHEREAS The Arc of Monmouth serves over 1400 individuals with cognitive disabilities throughout Monmouth County and advocates for and with people with intellectual and developmental disabilities and their families;



AND WHEREAS The Arc of Monmouth is celebrating 59 years of service to families and individuals throughout Monmouth County;



THEREFORE Honorable Thomas B. Nicol, Mayor of Brielle does hereby Proclaim March, 2008 as



ARC AWARENESS MONTH



In the Borough of Brielle, New Jersey and urges that the citizens of Brielle, New Jersey give full support of efforts towards enabling people with intellectual and developmental disabilities to live full and productive lives of inclusion in our communities.

______________________________________________________________



Mayor Nicol then called for committee reports and recognized Coun. Scott who advised that all was well with the D.P.W. She added that the Brielle Seniors continued to be active and programs such as the morning exercise class and the monthly movie were well attended

Page 22 11th February 2008



Coun. Scott added that the Library would be conducting a series of meetings, beginning on Wednesday, February where representatives of the Brielle Professional Community, doctors, lawyers, accountants, would interface with the public and respond to questions.



Coun. Garruzzo, advised that the Traffic Safety Department had, at the behest of Coun. Shaak. reviewed the proposed closure of River Road and the consensus had been to permit it to remain open.



Coun. Bolger had no report, but he reminded the public that their annual tax bill was fueled by three components, the municipal budget, the school budget, and the county budget. While residents attended the hearing on the municipal budget, and voted on the school budget, very few gave consideration of the impact of the county budget on their taxes.



With that in mind. Coun. Bolger urged “the regulars” to attend the hearing on the county budget at the County Library Headquarters in Manalapan on February 21st, 2008 @ 7:00p.m; he saw it as an opportunity for residents to voice their concerns and added that the total tax levy was 19 million, of which the Borough represented 4.5 million and the County 4 million. The question being what did Brielle get for that contribution. Coun. Bolger suggested that residents might want to inform the Freeholders that “enough was enough”.



Coun. Gorham having no report, the meeting was open to the public and the Chair recognized Mary Lou Bolger, 2 Water’s Edge, who complemented the new sanitation company on a job well done, noting that, unlike their predecessor, they replaced the lids on the cans and refrained from picking up recyclable materials.



There being no further comment, the meeting was adjourned at 8:05 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Gorham.





Approved: February 25th, 2008 __________________

Thomas F. Nolan

Municipal Clerk

 

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