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A Community by the River

Borough of Brielle, NJ


March 24, 2008

April 18 2008

March 24, 2008

Page 35

MINUTES MARCH 24TH, 2008 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 he asked permission to add a Resolution “D” to the Consent Agenda to renew the Borough’s agreement with Wall Township for the use of their Crisis Intervention Team (CIT). Permission was granted.

The Work Session was adjourned at 7:32 p.m. on a motion by Coun. Garruzzo, seconded by Coun Shaak.




PAGE 36

MINUTES MARCH 24TH, 2008 START: 7:33 P.M.

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

ABSENT: NONE.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 11th, 2008, Meeting were approved on a motion by Coun. Garruzzo, seconded by Coun. Nolan. all aye. No nays. Passed. Coun. Shaak abstained.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 08-42 for Passage of the Consent Agenda

Resolutions:

A. (see insertion)
B. (see Insertion),
C. (see insertion).
D. (see insertion).

Motions:

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

Coun. Scott, seconded by Coun. Garruzzo, introduced Resolution 08-43 TO TRANSFER FUNDS (see insertion). Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Gorham, seconded by Coun. Garruzzo, introduced Resolution 08-44 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 March 24th, 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, Nolan, Scott & Shaak; all aye. No nays. Passed.

Prior to the introduction of the 2008 Municipal Budget, Finance Chairman Gorham read the following statement.

STATEMENT FINANCE CHAIRMAN GORHAM

Governor John Corzine has seen fit to eliminate state aid to all municipalities with a population under 5,000. What does this mean for Brielle? The loss of $117,947.00 in State Aid.
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In ordinary times this shortfall that equates to approximately 7/10th of a cent in the municipal tax rate could have been addressed by a property tax increase. The Finance Committee, in consideration of the 2 5/10 cent increase to the municipal rate, would have felt confident in asking the residents of the Brielle to add another 7/10 of a cent to the municipal rate to offset the loss of state aid and to preserve the limited amount of surplus available to balance the budget.

Unfortunately, in addition to the standard 3.5% CAP on budget appropriations, the State Legislature has also imposed a 4% CAP on the municipal tax levy. What does that mean?

The State permits the Borough to levy $4,972,733.00 in municipal tax dollars. The budget requires $5,206,172.00. The difference of $233,439.00 cannot be raised by tax dollars and must he offset by the use of surplus. While the legislation does permit communities to seek a waiver from the CAP levy; it has become clear that no waiver shall be granted so long as a municipality has surplus.

The 2008 Municipal Budget shall be extremely tight, the 2009 Budget, unless the State reverses its current position, shall be even tighter and will see the Borough’s surplus exhausted. By 2010, the Borough will have no option except to reduce municipal services across the board and to begin to eliminate personnel.

The goal of the legislation and the Governor’s decision to eliminate state aid are the same, to reduce property tax, but this is a game of smoke and mirrors. In effect their respective actions equate to the end of the quality of life heretofore enjoyed by the residents of Brielle. As your elected officials we are no longer entrusted with the running of our community in the interest of our residents, but we are rather being mandated to seek to consolidate our community with one or more neighboring municipalities and to lose not only our identity, but also the control of our own destiny.

The Finance Committee regrets to inform you that no matter how diligent we may be in seeking to provide sound fiscal management; the State is usurping our prerogatives and your choice as to who you, the Brielle Taxpayer, feel is better qualified to oversee the fiscal affairs of the Borough.

Nevertheless, until such time as we are no longer able we will make every effort to maintain the infrastructure and quality of life that has always made Brielle a special place to live.
_________________________________________________________

Coun. Gorham also advised the public that municipal surplus was not akin to corporate surplus. While the private sector frequently rebated surplus to shareholders as a dividend, a municipal had only two permitted means to expend surplus. The first was for a specific project and then only with permission from the Local Finance Board.

The other, and most common, was to use surplus to offset the tax rate.

RESOLUTION NO: 08-42-A DATE: MARCH 24th, 2008

BOROUGH OF BRIELLE
RESOLUTION

WHEREAS, LARMA CORPORATION, INC., WITH PREMISES LOCATED AT 622 GREEN AVENUE, HAS MADE APPLICATION FOR THE RENEWAL OF SEASONAL LIQUOR LICENSE #1308-34-003-005, FOR THE LICENSE PERIOD MAY 1ST, 2008 THROUGH NOVEMBER 30TH, 2008 INCLUSIVE, AND

WHEREAS, THE APPLICATION BEING COMPLETE, $1,390.00 FEE PAID TO THE BOROUGH OF BRIELLE, $200.00 FEE DUE TO THE STATE OF NEW JERSEY DIVISION OF ALCOHOLIC BEVERAGE CONTROL BEING ENCLOSED AND ALL MUNICIPAL AUTHORIZATIONS BEING IN PLACE, AND

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

NOW THEREFORE BE IT RESOLVED, THAT THE MUNICIPAL CLERK IS HEREBY AUTHORIZED TO ISSUE SAID LICENSE, AND

BE IT FURTHER RESOLVED, THAT DELIVERIES MAY COMMENCE ON APRIL 15TH, 2008, WITH THE UNDERSTANDING THAT NO SALES CAN BE MADE PRIOR TO MAY 1ST, 2008.


CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION, ADOPTED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON MARCH 24TH, 2008.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 25TH DAY OF MARCH 2008.




THOMAS F. NOLAN
MUNICIPAL CLERK
SEAL





Resolution No: 08-42-B
Date: 24 March 2008

Borough of Brielle Resolution


WHEREAS, there is a developer escrow account for Candace Moore for a Minor Subdivision for 508 Woodland Avenue, Block 32.01, Lot 24 and

WHEREAS, the home was fully demolished, the subdivision perfected and two new homes are being built, and

WHEREAS, the Borough Engineer has done a full inspection and authorizes refund of all funds,

NOW, THEREFORE, BE IT RESOLVED that the balance of monies in this escrow account can now he released and a check is to be drawn, in the amount of $24,906.90, made payable to Candace Moore.






Approved: March 24, 2008







Resolution No: 08-42-C
Date: 24 March 2008

Borough of Brielle Resolution

WHEREAS, there is a developer escrow account for Manasquan River Yacht Club for site plan work for Block 73, Lots 9-1 3, 1 7, 405 Riverview Lane, and

WHEREAS, a two-year maintenance bond was received,

WHEREAS, the Borough Engineer has done a full inspection and authorizes a refund of all but $1,0000.00,

NOW, THEREFORE, BE IT RESOLVED that the sum of $8,176.73 in this escrow account can now be released and a check is to be drawn, in that amount, made payable to the Manasquan River Yacht Club.






Approved: March 24, 2008








Resolution No: 08-42-D
Date: March 24th, 2008


RESOLUTION OF THE BOROUGH OF BRIELLE

Whereas, N.J.S.A.40A:8-I et seq. authorizes any municipality to enter into a contract with another municipality for any service which any party to the agreement is empowered to render within it’s own jurisdiction, and

Whereas, the Borough of Brielle and the Township of Wall have agreed to enter into an agreement whereby the Borough of Brielle will utilize the Wall Township’s Crisis Intervention Team (CIT) to offer support services and resource information to victims of domestic violence

Now Therefore Be It Resolved, by the Governing Body of the Borough of Brielle that the Mayor & Clerk are hereby authorized to execute the aforementioned agreement between the Borough of Brielle and the Township of Wall in accordance with the terms of the contract, a copy of which shall be maintained in the Office of the Municipal Clerk.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on March 24th, 2008.

Witness my hand and seal of the Borough of Brielle this 25th day of March, 2008.




SEAL ____________________
Thomas F. Nolan
Municipal Clerk






RESOLUTION NO: 08-43
DATE: MARCH 24th, 2008

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, NJSA:40A58 PROVIDES FOR MAKING TRANSFERS BETWEEN BUDGET APPROPRIATION RESERVE ACCOUNTS DURING THE MONTHS OF JANUARY, FEBRUARY & MARCH, AND

WHEREAS, IT HAS BECOME NECESSARY AT THIS TIME TO EXPEND FUNDS IN EXCESS OF THE SUMS APROPRIATED 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: ENGINEERING O/E $12,000.00
GROUP HEALTH INSURANCE $21,000.00
POLICE O/E $25,000.00
STREETS & ROADS S/W $18,000.00
GARBAGE & TRASH REMOVAL $60,000.00
TO: RESERVE ACCOUNT POLICE S/W. . .$136,000.00








APPROVED: MARCH 24th, 2008






RESOLUTION No: 08-45
DATE: MARCH 24th, 2008


RESOLUTION OF THE BOROUGH OF BRIELLE

Municipal Budget of the Borough of Brielle, County of Monmouth for the Fiscal year 2008.

Be It Resolved, that the following statements of revenue and appropriations, in the amount of $4,997,000.00 shall constitute the Municipal Budget for the Fiscal year 2008;

Be It Further Resolved, that said budget shall be published in the Coast Star in the issue of April 10th, 2008, and be given a hearing on April 28th, 2008 at 7:30 p.m. at Borough Hall

The Governing Body of the Borough of Brielle, does hereby approve the following budget for introduction as the Municipal Budget for the Fiscal Year 2007:

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



_________________________
Thomas F. Nolan
Municipal Clerk






Page 38

Coun. Gorham noted that the 2008 budget was $7,040,246.46 of which $4,997,000.00 would be defrayed by property tax. The balance was offset by miscellaneous revenue, receipts from delinquent taxes and surplus.

In 2007, the Borough employed $1,018,000.00 in surplus to reduce the amount to be raised by taxes. In 2008 the amount of available surplus had fallen to $740,000.00. The more surplus, the lower the taxes, so surplus was “a good thing”.

Coun. Gorham lamented the fact that the new 4% Cap on the tax levy prevented the Borough from seeking to replace the surplus through a small tax increase. In light of the ever diminishing surplus the Borough would soon be faced with workforce reductions, and the inevitable reduction of services. This was a quality of life issue and Coun. Gorham pledged to work vigorously to pursue interlocal agreements and any and all options which would help keep Brielle the community we had all come to love.

Coun. Gorham, seconded by Coun. Garruzzo, introduced Resolution 08-45 (see insertion). Vote: Coun, Bolger. Garruzzo, Gorham, Nolan, Scott & Shaak; all ayes. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who advised that leaf collection would resume on April 1st. She asked the public to place their leaves along the curb in a linear fashion and added that large piles, such as those she saw on Oceanview Road, impeded traffic as the street was narrow.

Coun. Scott noted that bulk collection would be the week of May 19th and town-wide paper shredding day would be on Saturday, April 19th.

Coun. Scott also cited the new recycling tax to be paid at the landfill but pointed out that while the new tax, which would ultimately be rebated to the towns via the tonnage grants, was actually $1.65 since the current solid waste tax of $1.35 per ton ended in February 2008.

Coun. Nolan reminded the public that the deadline for submissions for the Jean Wetzel Scholarship was April 15th and computer training programs were continuing at the Library.

The Easter Egg Hunt had been a great success with more children participating each year. He called it “a great day”. Coun. Nolan also noted that Summer Recreation would begin on June 30th and Pee Wee Soccer commenced April 12th. In closing he advised the public that the effort to revive the Soap Box Derby continued.

Coun. Nolan then turned to the Monmouth County Information Forum held at Curtis House regarding the Brielle Road Bridge. He noted that different options had been discussed and those in attendance spoke passionately on the subject, but the fact remained that the bridge had a three ton capacity and one way or the other the project had to move forward as closure was not an option.


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Coun. Garruzzo having no report, Coun. Shaak advised that public that the reason for his recent absence from a number of meetings was that he was taking a medical technician course at Jersey Shore Medical Center with four other First Aid Squad Members.

Turning to the proposed Ordinance on Accessory Structures, Coun. Shaak said that his committee had met along with the Borough Engineer and a revised ordinance was in preparation. He hoped for introduction by the end of April.

Turning to the issue of the Bridge, Coun. Shaak noted that several misstatements had emerged from the sessions concerning the weight limits. “No one”, he stated had ever advised the Fire Department and First Aid Squad that the bridge could accommodate their vehicles. A Fire Truck weighed 20 tons and an ambulance 7 tons. The weight limit was 3 tons. None of the vehicles could cross the bridge in an emergency.

Coun. Bolger reminded the public that his bi-annual cleaning of the Borough would be held on April 12th. Volunteers would assemble at Curtis House where refreshments would be served and equipment provided. He termed the event both “fun” and a cost effective means of sprucing up the town.

Coun. Bolger also reminded the public that the budget was “an open book”. The Council was prepared to answer any question and he urged the public to ask them. He reminded those assembled “there were no dumb questions”.

Coun. Gorham having no report, the Chair opened the meeting to the public and recognized William Brannick, 805 Schoolhouse Road, who asked for an update on the SMRSA Pump Station incident and if the source of the grease contamination had been found?

Mayor Nicol advised that Mike Ruppel of SMRSA and Superintendent Burkhardt were investigating the matter. The sewers dated from 1978 and it was difficult to say if the grease resulted from accumulation over the years or was a recent event.

Mr. Brannick asked if the manifests that showed grease removal from local restaurants were being checked and Mayor Nicol offered that they would be as part of the investigation.

Turning to the budget, Mr. Brannick cited the Municipal Rate increase of 2 1/2 cents and that of the School at 2 1/2 cents which equates to a 5 cent tax increase that, in Mr. Brannick’s case, equated to $339.00. He urged Council to consider a reduction in staff and services as a cost saving measure just as the Governor was doing statewide.

Daniel Fallon, 1004 Forrest Road, raised the issue of added assessments and asked why, since approximately 54% of the tax dollar went to the School, 54% of the added assessments should also be turned over to the school?

The presentation of the question caused Coun. Bolger to seek clarification and Mr. Fallon reiterated that he felt the School should receive a percent of the added assessment revenues.
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The Administrator advised that, under current Local Budget Law, that was not possible. Mr. Fallon cited legislation to the contrary that was not considered.

David Dupre, 1016 Riverview Drive, pointed out that Brielle had a population under 5,000 and had lost state aid. He asked tongue in cheek if there was anyway to increase the population.

Mr. Dupree also noted that, if the school budget didn’t pass and the Council made cuts, the County Superintendent of Schools could restore them.

Mr. Dupre also voiced a concern over accessory structures and tree removal and asked who had authority in that area.

The Administrator advised that the Shade Tree Commission and/or the Police Department could enforce the Borough Ordinances if they were violated. The Planning Board had jurisdiction over sub-divisions and if the site plan required certain trees to remain they could not he removed without penalty of law.

In the case Mr. Dupre cited, a developer had removed all the trees on the property being developed and he had been compelled to replace them.

There being no further questions the meeting was adjourned at 8:10 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.





Approved: April 14th, 2008 ______________________
Thomas F. Nolan
Municipal Clerk

 

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