A Community by the River

Borough of Brielle, NJ

September 22, 2008

December 19 2008

September 22, 2008

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Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that he had nothing to report, but at the request of Coun. Bolger, he explained that Resolution "A" on the consent agenda would establish a Municipal Water Authority that would incorporate the five member communities who purchased water from the Manasquan River Reservoir System.

When NJDEP curtailed the Borough's diversion rights in the mid-1980s, the reservoir was the only alternate source of potable water. Since 1990 the Borough, along with the other towns, has been paying debt service for this project. The debt would be liquidated in 2010 and the member municipalities would have sole ownership except for the fact that the ozone filters in the Treatment Plant need to be replaced. The best funding source for that work is the New Jersey Environmental Infrastructure Loan Program, but if the five towns apply for this funding through the MCIA the existing contracts are automatically extended for the life of the new loan.

What the towns are doing is to petition the Local Finance Board for recognition as an "Authority". This will enable them to borrow the money without recourse to MCIA and also seek short-term financing to retire the remaining debt on the plant and transmission systems. The result would be full autonomy and a potential for the ultimate reorganization of the five water utilities into one entity.

There being no further comments the work session was adjourned at 7:35 p.m. on a motion by Coun. Scott, seconded by Coun. Nolan.

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Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the September 8th, 2008 meeting were approved on a motion by Coun. Scott seconded by Coun. Garruzzo; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 08-84 for passage of the Consent Agenda.


A. (see insertion).
B. (see insertion).
C. To authorize a refund for overpayment of taxes re: Block 22.01, Lot 29, $527.00.
Block 56, Lot 11, $1,116.23. Block 9.01, Lot 9.01, $1,319.08. Block 32.01, Lot 4,

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

Coun. Gorham, seconded by Coun. Garruzzo, introduced Resolution 08-85 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 22nd, 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.

Res. No: 08-04-A
Date: Sept 22, 2008

WHEREAS, The municipalities of the Borough of Brielle, Spring Lake, Spring Lake Heights, Sea Girt and the Township of Wall (collectively the "Treated Water Purchasers") previously adopted resolutions authorizing their respective Mayors to explore the formation of a joint municipal entity for the purpose of purchasing the water treatment and transmission facilities that currently serve the Treated Water Purchasers; and
WHEREAS, pursuant to the foregoing authorization, the full governing body of the Borough of Brielle has been presented with sufficient information concerning the financing and procedures necessary for the formation of a joint municipal water authority to be comprised of the Treated Water Purchasers and has elected to pursue same; and
WHEREAS, In order to create the proposed authority certain procedural steps must be undertaken including the submission of a informational submission to the Local Finance Board for review and approval; and
WHEREAS, The information required to be submitted to the Local Finance Board is described by statute and includes a copy of the proposed parallel ordinance to be adopted by the Treated Water Purchasers in order to establish the joint municipal water authority; and
WHEREAS, The full governing body of the Borough of Brielle has reviewed the proposed parallel ordinance and has been advised of the other submissions to be made to the Local Finance Board and intends to authorize the Mayor to take actions necessary for the submission of all required information to the Local Finance Board as part of the process to establish the joint municipal water authority to be formed by the Treated Water Purchasers.

NOW, THEREFORE, BE IT RESOLVED by the governmg body of the Borough of Brielle as follows:
1. The Mayor is hereby authorized to take all actions necessary for
the formation of a joint municipal water authority including the submission of all required information to the Local Finance Board as part of the process to establish the joint municipal water authority to be formed by the Treated Water Purchasers.
I, Thomas F. Nolan, Borough Clerk of the Borough of Brielle, do hereby certify that the foregoing is a true copy of a Resolution adopted by the Mayor & Council of the Borough of Brielle at a Regular Meeting held on September 22nd, 2008.

Thomas F. Nolan, RMC Municipal Clerk

Resolution No: 08-84-B
Date: September 22nd, 2008

Resolution of the Borough of Brielle

Whereas: on September 8th, 2008, Monmouth Medical Center Foundation, 300 Second Avenue, Long Branch, NJ 07740, submitted Raffle Application No. 2008-18, ID No. 266-4-31486 for an on-premise 50/50 raffle, to be held at the Manasquan River Golf Club, 847 Riverview Drive, Brielle, NJ 08730 on Monday, October 6th, 2008, from 7:45am-10pm.

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.


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 22nd, 2008.

Witness my hand and Seal of the Borough of Brielle this 22nd day of September 2008.

Thomas F. Nolan
Municipal Clerk

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Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of a "AN ORDINANCE DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM".

Mayor Nicol asked the Administrator to explain the Ordinance. He replied that he "wished that he could". The State Legislature had altered the eligibility rules for membership in PERS & PFRS. The Ordinance established a list of professional employees who were still eligible for membership and those who were not. In Brielle' s case the impacted employees would be the Administrator & Chief of Police. Those employees would be enrolled in a "Defined Contribution Retirement Program" such as a 401 K Plan. The Ordinance impacted only employees hired after July 1St, 2007. The current staff were grandfathered.

Coun. Bolger asked if there would be a cost to the Borough to implement such a plan?

The Administrator assumed that there would be, but he did not have sufficient information available at this time; he added that compliance with the ordinance was mandatory, but that no current employees were impacted. He thought that the ordinance had to be in place by December 31st, but since there was no immediate need to implement it, passage could be deferred.

Council concurred with Coun. Bolger that additional information was needed and the Administrator noted that the legislation was new and that he anticipated seminars being offered in the near future that could provide more detailed information. The introduction as carried.

Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public that leaf season would begin on October 1st and that leaves had to be kept separate from brush. Coun. Scott also reminded the public that grass was "Verboten!"

In other business, Coun. Scott noted that Clean-up Week would take place the week of October 6th and while the Spring Clean-up had seen a few problems, due to the fact that the Borough had a new provider and the extra crews required for the event were not completely familiar with the process, she anticipated a smoother operation this Fall. Coun. Scott also pointed out that construction debris from small household projects would be accepted, not from major renovation such as the demolition of a porch.

In closing Coun. Scott advised that Flu Shots would be administered at the Curtis House on November 7th, between the hours of 1:00 & 3:00 p.m. Coun. Scott also had tickets for the scheduled "Second Floor" fundraiser to be held on October 12th at Sunsets.

Coun. Nolan cited the departure of Brielle Librarian Kerri DiBrienza, but noted that the new Librarian, Kerri Rinaldi, would start on October 13th. Ms. Rinaldi had a Masters Degree in Library Science and was ready to go.

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Coun. Nolan thanked the Association Members for their due diligence in filling the position and added that "it was a lot of work".

Coun. Nolan also noted that the Library would sponsor a visit from Mimi Schwartz on September 25th at 7:00 p.m. Ms. Schwartz would be discussing her book "Good Neighbors, Bad Times: Echoes of My Father's Village".

Coun. Nolan advised the public that the Tennis Court resurfacing was underway and would include the recoating of the basketball courts.

In closing he noted that the Soap Box Derby would take place on Sunday, September 28th @ 10:00 a.m. Thirty-five racers had already signed up for the event.

Coun. Garruzzo having no report, Coun. Shaak was pleased to announce that the anticipated lane shift on the Route #35 Bridge had resulted in a repaved roadway with average sized lanes. The additional work would take place in the shoulder and, since the Jersey Barricades had been replaced by construction barrels, the need for compressed lanes had been eliminated.

Coun. Shaak also advised that his committee would be meeting to finalize the proposed Accessory Building Ordinance based on new information from the Zoning Officer. He planned to introduce the ordinance in the near future.

Coun. Bolger had no Personnel Report, but he reminded the public that his semi-annual town-wide clean-up would take place on October 18th. Participants, that included students from both the High School and Elementary School and adult volunteers would assemble at Curtis House at 10:00 a.m. and be dispatched throughout the Borough to pick up debris and litter such as, he quipped, "political signs".

Coun. Bolger went on to say that Brielle's greatest asset was its natural beauty that this event helped to conserve and protect at no cost to the taxpayer.

Coun. Gorham having no report, Mayor Nicol opened the meeting to the public and recognized Janice Hendricks, 615 Leslie Avenue, who asked Coun. Nolan for the location of the proposed Union Lane Sidewalk Improvements.

Conn. Nolan stated that the new sidewalks would be placed in the municipal right-of-way along the north side of Union Lane and the north side of Green Avenue. However, he added that due to the need for additional approvals the sidewalk portion of the 2008 Road Improvement Project would be delayed to the Spring.

Ms. Hendricks also had a concern about a tree that had been removed on Wainwright Place.

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The Administrator advised that both the Code Enforcement Officer & Shade Tree Commission had examined the tree and concurred that it was unsafe and had to be removed, but the property owner was going to replace the tree with a suitable substitute.

There being no further comments the meeting was adjourned at 8:00 p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.
Approved: October 13w, 2008
Thomas F. Nolan Municipal Clerk