A Community by the River

Borough of Brielle, NJ

April 28, 2008

December 19 2008

April 28, 2008

Page 46




Council-President Shaak 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 advised that John Devereux of the Brielle Board of Recreation Commissioners were present to announce the winners of the Annual Snow Man Contest.

Bella & Joseph Introna, along with Summer Farren, received snow cone machines as their reward for a job well done.

Coun. Bolger asked the Administrator if there was any word from the County Engineer regarding the request to lower the speed limit on Riverview Drive.

Coun. Garruzzo interjected that Chief Palmer had spoken with the Engineer some weeks ago and a formal response by letter is anticipated any day.

In response to Coun. Bolger’s second inquiry the Administrator advised that there had been no communication from the County regarding the status of the Glimmer Glass Bridge.

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


MINUTES APRIL 28th, 2008 START: 7:39 P.M.



Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the April 14th, 2008 meeting were approved on a motion by Coun. Scott, seconded by Coun. Nolan; All ayes No nays. Passed. Coun. Gorham & Shaak abstained.

Council-President Shaak then announced that the time had arrived for a hearing on the 2008 Municipal Budget.

The hearing opened on a motion by Coun. Gorham, seconded by Coun. Garruzzo.

Coun. Gorham reiterated some of the comments made at the time the budget was introduced. Coun. Gorham noted that the Finance Committee had crafted a lean budget that called for a 2 1/2 cent increase. The municipal rate had been held to that level despite the loss of $111,947.00 in state aid.

Coun. Gorham was sure that the public was cognoscente of the fact the prices were on the rise. The Borough has to pay more for fuel, natural gas and insurance, while at the same time meeting the obligations of its collective bargaining agreements. The agreements call for a 4% increase, the CAP is 3.5%. Coun. Gorham observed that putting a budget together in this economic climate is not an easy task. On a positive note, Coun. Gorham felt that the committee had done the best that they could and the current level of municipal services will be maintained throughout 2008.

Jennifer McGuire, 642 Susan Lane, asked if there were any restrictions on the utilization of surplus in the budget and if the entire surplus was being employed in the proposed budget?

The CMFO, Stephen Mayer, replied that there were no restrictions and Coun. Gorham responded that the bulk of the surplus was being used and this caused the “dilemma”.

Auditor Robert Hulsart, Jr. added that the Borough could not replace the entire surplus being employed through revenues, so the hope was to be able to save during the year through reductions in expenditures.

Coun. Gorham stated that the best option was the pursuit of inter-local agreements that would enable the Borough to share costs and realize savings.

Ms. McGuire asked if the Borough could transfer funds from one appropriation to another? The Administrator replied only during the months of November & December and then again, for Page 48

prior year expenditures, from January to March.

Ms. McGuire then asked what happen to funds that remained in an account at year end? Mr. Mayer replied that they would be transferred to surplus.

William Brannick, 805 Schoolhouse Road, asked what the tax increase would be and what was the value of a penny?

Mr. Mayer responded 2 ½ cents and that a penny equated to $170,000.

Coun. Scott interjected that many of the budget line items had been reduced to get under the 4% CAP on the tax levy. She felt that by next year there could be a different level of service if the final climate did not improve. She noted that the Shade Tree Commission had already taken a reduction.

Mr. Brannick asked for an explanation of the Borough’s surplus position. Mr. Mayer & Mr. Hulsart collectively advised that on December 31st the Borough had $867,127.15 in available surplus. $740,000 was being employed in the 2008 budget. That left a balance of $127,127.15.

Coun. Bolger asked what the odds were of the State restoring the lost state aid?

Mr. Hulsart stated that there was a possibility of a phased-in reduction that might see half of the funds restored, but no one was certain.

Mr. Mayer added that the Borough would not receive such funds directly as the State would give the money to the County to reduce the tax rate.

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

Coun. Gorham, seconded by Coun. Garruzzo introduced Resolution 08-49 (see insertion). Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-50 for passage of the Consent Agenda.

A. To authorize an amendment to the conference and seminar policy of the Employee Handbook.
B. (see insertion).
C. (see Insertion).
D. (see insertion).


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

Resolution No: 08-49
Date: April 24th, 2008
Resolution of the Borough of Brielle

Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated and the sums therein set forth as appropriations, and authorization of the amount of $4,997,000.00 for municipal purposes.

Resolution No: 08-50-B
Date: April 28th, 2008

Resolution of the Borough of Brielle

BE IT RESOLVED, that a proposal received from Birdsall Engineering for professional engineering and construction administration services for Brielle Park Improvements, including three tennis courts, two basketball courts and a handball court, in the amount of $8,750.00.

Resolution No: 08-50-C
Date: April 28th, 2008
Resolution of the Borough of Brielle

WHEREAS, an overpayment of taxes, in the amount of $1,500.88, has occurred due to the taxes paid twice on property located at 211 Brielle Avenue as a result of a refinancing.

NOW THEREFORE BE IT RESOLVED, that a refund be made in the amount of $1,500.88 to the owner of property located at 211 Brielle Avenue, Block 32.01, Lot 19.

Resolution No: 08-50-D
Date: April 28th, 2008

Resolution of the Borough of Brielle

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Brielle has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2006 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Brielle that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate and correctly stated,
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

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“Note” William Brannick, 805 Schoolhouse Road, asked for an explanation of “A”. The Administrator advised that it tightened up the travel policy relative to attendance at Conferences and Seminars and gave the example of an individual who attended a conference at taxpayer expense, which was a legitimate expenditure, but whom then rented a car and went sight-seeing, which was not. Coun. Bolger added that the meal policy had also been revised as normal mealtimes were not reimbursable.

Coun. Gorham, seconded by Coun. Nolan, introduced Resolution 08-51 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 April 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, Gorham. Nolan, Scott & Shaak all aye. No nays. Passed.


Coun. Scott, seconded by Coun. Nolan, introduced resolution 08-53 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan. Scott & Shaak; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-54 to authorize publication of the foregoing ordinance in the Coast Star Newspaper for a hearing to be held at 7:30 p.m., at Borough Hall, 601 Union Lane, Brielle, New Jersey, on May 12th, 2008. Vote: Coun. Bolger. Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Coun. Shaak then read the following Proclamations:

WHEREAS, Myasthenia Gravis is a neuromuscular disease striking children and adults, affecting control of voluntary muscles and afflicting several hundred of our fellow New Jerseyans; and

WHEREAS, the symptoms of this disorder include, but are not limited to, difficulty moving, breathing, swallowing, speaking and seeing; and

WHEREAS, the Myasthenia Gravis Foundation of America, Inc. is a non-profit organization founded, “to facilitate the timely diagnosis and optimal care of individuals affected by myasthenia gravis and closely related disorders, and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care”; and

WHEREAS, Myasthenia Gravis is the most common neuromuscular disorder Page 50
affecting the residents of New Jersey; and

WHEREAS, it is fitting to recognize the many physicians who demonstrate an untiring effort to treat this disease and search for a cure;

NOW, THEREFORE, I, Thomas B. Nicol, Mayor of the Borough of Brielle of the State of New Jersey, do hereby proclaim

JUNE 2008
in the Borough of Brielle.

WHEREAS, Ovarian cancer is called the “silent killer” because its symptoms are often vague or subtle; and

WHEREAS, Ovarian cancer is the fourth leading cause of cancer death among women and the leading cause of gynecologic cancer death in the United States; and the risk of developing it increases with age and a family history of this disease. Other risk factors include a history of endometrial, colon or breast cancer and obesity. Because early detection is crucial in treating ovarian cancer and its symptoms can be difficult to identify, women should consult their doctors about personal risk factors, early warning signs and screening options, and

WHEREAS, During national ovarian cancer awareness month, we remember those who have lost their lives to ovarian cancer and we honor the courage and strength of those who continue to fight this disease. We also recognize the dedicated medical professionals and researchers whose timeless efforts help provide a brighter, healthier future for women, and

WHEREAS, Each year more than 22,000 Americans are diagnosed with the disease and approximately 16,000 die from it; and

WHEREAS, If detected in its early stages, survival from ovarian cancer is 90-95 percent. Yet the five-year survival rate for the disease is only 28 percent, because it is so difficult to detect early; and

WHEREAS, The Kaleidoscope of Hope Foundation (KOH), a local non-profit group co-founded by ovarian cancer survivors Gail MacNeil of Chatham Township and Lois Myers of Harding Township, raises funds for research and to increase awareness of the disease and its symptoms, and wishes to remind the public that September is Ovarian Cancer Awareness Month by tying teal ribbons on trees through out the town; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council declares its support for National Ovarian Cancer Awareness Month in September 2008.
Council-President Shaak then called for Committee Reports and recognized Coun. Scott who cited the success of shredding day on April 19th and the number of compliments she had received from participating residents; she believed it would become an annual event. The truck
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had been filled half-way and some five tons of material was shredded. The Borough had also disposed of 36 file boxes of records that no longer had to be retained.

Coun Scott reminded the public that leaf collection would end on May 15th. Turning to other matters and not wishing to “step on any toes”, Coun. Scott cited her attendance at the Arbor Day Ceremony at Brielle Elementary School where the Third & Fourth Graders planted a Red Maple, selected by Joan McCarthy. The Red Maple is the official tree of New Jersey.

Coun. Scott also noted that the Shade Tree Commission is accepting orders for planting trees in the Borough right-of-way. Coun. Scott added that, due to budget cuts, a group of residents in the Perry Place area by the Railroad Tracks had purchased and planted trees as a volunteer community effort. Such endeavors could be the wave of the future. Coun. Scott also advised that there were two new Tree City USA signs as Brielle entered its sixth year of membership in that organization.

Coun. Scott had also attended the U.L.H.S. Ninth Annual Antique Road Show which had the largest attendance thus far. Coun. Scott also praised the change in format whereby all items were publicly appraised for the benefit of all in attendance as opposed to the individual consultations of the past.

Coun. Nolan cited the Library’s May 8th program on the Holocaust, and the June 13th appearance of Ira Jacobson, former owner of the Brielle Gallery, who had just written a book, entitled “A Quest For Excellence”. Coun. Nolan noted that Mr. Jacobson had always lived up to that quest. Coun. Nolan then reminded the public that a Book Sale would be held on May 15th, all paperbacks @ $2.00 per bag.

Recognizing John Devereux, Coun. Nolan cited the increase in soccer enrollment with 180 participants, and Biddy Baseball which increased from 21 in 2007 to 60 in 2008. Coun. Nolan also cited his appreciation for the Board of Recreation’s cooperation in accepting a reduction in funding to help the Borough get under the CAP. In closing he thanked Coun. Garruzzo for his effort in making the Scouts Spaghetti Dinner a success.

Coun. Garruzzo had no formal report, but he thanked Raymond Shea & the Scouts, along with Brielle Fire Company No. 1, for making the event a success; he added that Coun. Nolan had been given an “extra” meatball.

Coun. Bolger was recognized and he noted that Coun. Nolan’s extra meatball was supposed to go to him, but the Borough was cutting back on everything.

Commenting on the budget, Coun. Bolger noted that we are "pretty much down to layoffs" and this creates a difficult situation as the Borough does not have an excessive number of employees. The alternative, as Coun. Gorham alluded to in his remarks, is to seek inter-local agreements for shared services.

Coun. Bolger added that the Borough was open to any ideas and he encouraged the public to engage in the process noting that there are no "silly" questions or ideas.
Page 52 28th April 2008

Coun. Bolger also praised the Board of Recreation for their acceptance of budget cuts and for the programs they put on that earn money and provide a revenue source that otherwise the Borough would have to provide.

Coun. Bolger cited Municipal Prosecutor Sage's donation of his salary that saved the Borough $20,000. Coun. Bolger termed that an "outstanding gesture".

In conclusion, Coun. Bolger thanked the staff for doing an excellent job in preparing the budget.

Coun. Gorham having no report, Coun. Shaak advised that both spans of the Route 70 Bridge should be open to east/west traffic within two weeks and the total project completed by mid-summer. What NJDOT estimated would take five years has been completed in two and a half.

Turning to the public, William Brannick, 805 Schoolhouse Road, asked if the scheduled meeting between the Borough and the Board of Education would be open to the public? He noted that Board President Ted Vitale had cited a directive from Governor Corzine that mandated all Board of Education meetings be open.

Board Member Raymond Shea was called upon and he believed that the directive applied to Board Meetings and not Committee Meetings.

Borough Attorney Steuerman stated that Mr. Shea was correct. The Open Public Meetings Act only applied if a quorum of either body was to be present. In this case two committees would be meeting and the regulation was not applicable.

Mr. Brannick asked for clarification as to who owned the Fire House and the First Aid Building, the Borough or the Organizations?

Coun. Shaak responded that both buildings were owned by the respective quasi public non-profit organization, but if either organization were to abandon the provision of the volunteer service, be it fire-fighting or first aid, the property would then revert to the Borough.

Mr. Brannick asked if there was any prohibition of election activity at either building and he was advised that, during elections, the statute on electioneering was in force, otherwise there were internal policies that addressed the issue.

There being no further comments the meeting was adjourned at 8:18 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

Approved: 12th May 2008 _____________________
Thomas F. Nolan
Municipal Clerk