Borough of Brielle, NJ
| December 8, 2008
December 8, 2008
MINUTES DECEMBER 8th, 2008 WORK SESSION START: 7:30 P.M.
PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
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 he requested permission to add a Resolution "F" to the Consent Agenda re: "Over The Limit Under Arrest" holiday crack-down on drunk drivers.
Council gave their authorization.
There being no further comments the work session was adjourned at 7:31 p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.
MINUTES DECEMBER 8TH, 2008 START: 7:32:P.M.
PRESENT: MAYOR NICOL, COUN. BOLGER,GARRUZZO, GORHAM, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the November 24th, 2008 Regular Meeting were approved on a motion by Coun. Shaak seconded by Coun. Garruzzo; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 08-109 for passage of the Consent Agenda.
A. (see insertion).
B. To authorize the Mayor & Clerk to execute an amendment to the current PBA contract re: extension through 12/31/09.
C. To approve Change Order No. 1 re: Athletic Court Improvements Brielle Park for a reduction of $5,865.00.
D. (see insertion).
E. (see insertion).
F. (see insertion).
Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 08-110 TO TRANSFER FUNDS. (There was no need for a transfer at this meeting).
Coun. Gorham, seconded by Coun. Garruzzo, introduced Resolution 08-111 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 December 8th, 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.
Resolution No: 08-109-A
Date: December 8th, 2008
Borough of Brielle Resolution
WHEREAS, there exists a Tax Title Lien on property located at 6 Black Pine Lane, owned by Lisa Ricca and known as Block 107.08, Lot 1.13, C06BP 6 Black Pine Lane, and
WHEREAS, this lien has been redeemed by the property owner,
NOW, THEREFORE, BE IT RESOLVED that checks be drawn for the lienholders. The first in the amount of $4586.62, made payable to US Bank-Cust /Sass Muni V dtr for redemption of this lien. The second for $6,300 for repayment of premium bid at sale.
Resolution No: 08-109-D
Date: December 8th, 2008
A RESOLUTION OF THE GOVERNING BODY OF THE BOROUGH OF
BRIELLE APPOINTING THE BOROUGH ADMINISTRATOR TO SERVE AS A
MEMBER OF THE SOUTHEAST MONMOUTH MUNICIPAL UTILITIES
WHEREAS, the municipalities of the Boroughs of Brielle, Spring Lake, Spring Lake Heights, Sea Girt and the Township of Wall (collectively the "Treated Water Purchasers") previously adopted a parallel ordinance (the "Ordinance) establishing the Southeast Monmouth Municipal Utilities Authority ( the "Authority"); and
WHEREAS, pursuant to the Ordinance each of the member municipalities are to appoint one individual to serve as a member of the Authority; and
WHEREAS, the Borough Council has determined that the Borough Administrator should be appointed to serve as a member of the Authority.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borough of Brielle as follows:
1. Thomas Nolan, Borough Administrator is hereby appointed to serve as a member of the Authority in accordance with the terms set forth in the Ordinance and the by Laws of the Authority.
I, Thomas Nolan, Municipal 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 December 8th, 2008.
Thomas F. Nolan
Date: December 8th, 2008
Resolution of the Borough of Brielle
Whereas: on November 27th, 2008, Brielle Fire Company #1, 509 Longstreet & Cardeza Avenue, Brielle, N.J. 08730, submitted Raffle Application No. 2008-22, ID No. 57-9-9394 for an on-premise 50/50 Raffle, to be held at the Brielle Fire House, 509 Longstreet Ave., Brielle, NJ 08730 on Tuesday, January 1st, 2009, 10am – 6pm.
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, 601Union Lane, Brielle, New Jersey, on December 8th, 2008.
Witness my hand and Seal of the Borough of Brielle this 9th day of December 2008.
__________________________ Thomas F. Nolan
Supporting the Over the Limit Under Arrest
2008 Year End Crackdown
Whereas, impaired drivers on our nation's roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and
Whereas, 28% of motor vehicle fatalities in New Jersey are alcohol related; and
Whereas, a enforcement crackdown is planned to combat impaired driving; and
Whereas, the season at the end of the year is traditionally a time of social gatherings which often include alcohol; and
Whereas, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Over the Limit Under Arrest 2008 Year End Crackdown; and
Whereas, the project will involve increased impaired driving enforcement from December 8th, 2008 through January 2nd, 2009; and
Whereas; an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;
Therefore, be is resolved that BOROUGH OF BRIELLE declares it's support for the Over the Limit Under Arrest 2008 Year End Crackdown from December 8th, 2008 through January 2nd, 2009 and pledges to increase awareness of the dangers of drinking and driving.
Mayor Nicol then announced that the time had arrived for the continuation of a hearing on a “AN ORDINANCE TO RESCIND CHAPTER 14 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “FIRE PREVENTION” AND TO CREATE A NEW CHAPTER 14 TO REPLACE AND UPDATE THE PREVIOUS ORDINANCE”.
The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Garruzzo.
Coun. Shaak urged his colleagues to pass the ordinance as the Borough was beyond the time for an update of the Uniform Fire Prevention Code.
Coun. Garruzzo offered that the Council had received a memorandum from Fire Prevention Official Nielsen that he felt addressed any of the earlier concerns and he was prepared to move forward.
The hearing was opened to the public and Robert Houseal, 608 Rankin Road, stated that he had reviewed the ordinance and the supporting documents that were on file in the Clerk's Office; he added that the regulations on file had not been updated since 2005.
Mr. Houseal stated that the ordinance as proposed was incorrect and made reference to the B.O.C.A. Code that was no longer in effect. He called the proposed ordinance "defective" and stated that it would be impossible to "enforce".
Enforcement being the primary issue, and one that was mandatory for all municipalities, Mr. Houseal was at a loss to understand how the Borough could proceed with an ordinance that contained "incorrect" language. He noted that, since the ordinance had not been updated since 1984, what was the harm in further review?
Coun. Bolger asked if Mr. Houseal could provide a "practical" example of how passage of the ordinance would be detrimental?
Mr. Houseal advised that each structure in the Borough was listed by building type and the B.O.C.A. reference could cause confusion for instance between a building where fuel was dispensed (i.e. a gasoline station) and a building where water craft were fueled. The enforcement issues varied based on building type and the proposed language could cause confusion.
Mr. Houseal added that he held four licenses in design and a further six as an inspector, four of the latter were I.C.C. Licenses and two were State Licenses. If he were asked to design a building for a client in Brielle he would have difficulty in understanding the language of the proposed ordinance; he added that, if he as a licensed professional was confused, how could a layman understand the ordinance without the assistance of an expert?
Coun. Scott asked if there was an "easy fix" to make the ordinance more user friendly?
Coun. Garruzzo and Shaak both suggested that the reference to the B.O.C.A. Code be removed.
Attorney Montenegro concurred and he felt that a reference to the B.O.C.A. Code and its "successors" could resolve the issue without the need for a substantive change that could require republication and a further delay in the hearing process.
James Langenberger, 618 Bradley Avenue, felt that the update of the ordinance was long overdue and as a member of the Fire Company he urged Council to go forward with passage and adoption this evening.
Dave Dupre, 1016 Riverview Drive, had a concern over occupancy issues and the need for fire drills in public buildings; he asked if the ordinance addressed those issues?
Coun. Shaak stated that it did and it simply continued to base occupancy on a combined formula of square footage and utilization. He gave the example of the Brielle Fire House and First Aid Buildings. When a social event was held and furniture was in use there was one occupancy level as opposed to the level for a regular business meeting. Coun. Shaak added that the Brielle School conducted monthly fire drills with great success.
There being no further comments the hearing was closed on a motion by Coun. Shaak, seconded by Coun. Garruzzo.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-112 for passage on final reading. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan & Shaak aye. Coun. Scott nay. (Note: Coun. Scott explained that, while she recognized that the ordinance made amendments that were mandated by D.C.A. and, that if the Borough failed to implement these changes the State could assume enforcement, she still had concerns and was reluctant to "vote in haste") Passed.
Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 08-113 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "AN ORDINANCE TO AMEND ORDINANCE NO. 983 "AN ORDINANCE FIXING THE SALARIES & COMPENSATIONS OF THE VARIOUS EMPLOYEES OF THE BOROUGH OF BRIELLE".
The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Nolan.
The Administrator advised that, due to the Thanksgiving Holiday publication deadline at the Coast Star he had been unable to publish the ordinance within the timeframe required by law. He advised that the hearing should be carried to the December 22nd, Meeting.
The hearing was carried to December 22nd, 2008 @ 7:30 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Gorham.
Mayor Nicol then read a Proclamation:
National Drunk and Drugged Driving (3D) Prevention Month 2008
WHEREAS, motor vehicle crashes kill over 40,000 people and injure three million every year, at a cost to society of some $150 billion annually; and
WHEREAS, alcohol-related crashes account for approximately 40 percent of those deaths and injuries; and
WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for alcohol-impaired driving; and
WHEREAS, for thousands of families across the nation, the December holidays bring a somber reminder of the loved ones they lost to an impaired driver during a previous holiday season or at any time during the year; and
WHEREAS, community-based programs involving consumer education, effective laws, and strong police enforcement have proven to be successful in reducing impaired driving; and
WHEREAS, organizations from every state are joining together to "Take a Stand Against Impaired Driving" this December by supporting anti-impaired driving programs and policies; and
WHEREAS, the community of Brielle is a partner in that effort to make our roads and streets safer;
NOW, THEREFORE, I, Mayor Thomas B. Nicol, do hereby proclaim December 2008 as National Drunk and Drugged Driving Prevention Month in Brielle and hereby call upon all citizens, government agencies, business leaders, hospitals, schools, and public and private institutions in Brielle to promote awareness of the impaired driving problem, to support programs and policies to reduce the incidence of impaired driving, to promote safer and healthier behaviors regarding the use of alcohol and other drugs, and to provide opportunities for all to participate in "Take a Stand Against Impaired Driving" this December holiday season and throughout the year.
Mayor Nicol then called for committee reports and recognized Coun. Scott who advised the public that this was the last week for leaf collection and she added that the DPW had, as always done a great job. Brush collection would resume next week.
Coun. Scott also noted that the Borough was ready for winter snow and, once the current salt reserves had been utilized, the Borough would take advantage of a new mixture, obtained through a joint purchase agreement with Monmouth County, that did not require Page 167
the addition of the liquid chloride.
Coun. Bolger asked Coun. Scott if she had seen the news report on NBC regarding the lack of markets for recyclable materials?
Coun. Scott said that she had, and acknowledged that markets were down, but she reminded the public that, the issue was not money, but the preservation of natural resources. While the direct market may have collapsed, the Borough would still receive state funds through the tonnage grant and there was the added benefit that the less material sent to the landfill, the lower the tipping fees. Coun. Scott called recycling a "moral obligation".
Coun. Bolger noted that the report focused on a vendor in Trenton and if it was happening there it would surely happen here. The consensus was that the Chinese had simply stopped buying the material and the markets had dried up. However, Coun. Scott noted that so far the Borough had not incurred any cost, but this would not be the first time that the Borough had to pay to get rid of recyclables, markets varied over time.
Coun. Bolger commented that it was just another example of how the current economic climate impacted on all areas of government.
Coun. Nolan cited the Library Programs, A Christmas Carol on December 18th, and, apropos to the previous discussion "Understanding the Stock Market" on December 11th.
Coun. Nolan praised the Board of Recreation and the Fire Company for making the annual Christmas Tree Lighting a success and he complimented the Board on their use of environmentally friendly lights. Coun. Nolan added that there were still seats available for the December 14th Bus Trip to New York City. At $10.00 a seat you could not beat the price.
In closing Coun. Nolan bemoaned the fact the anniversary of Pearl Harbor had received so little attention in the media, but congratulated the Manasquan High School Football team on another championship.
Coun. Garruzzo cited the proclamation and resolution 08-109-F and urged the public to stay sage during the holiday season. Coun. Garruzzo also complimented the Board of Recreation and the Fire Company for a job well done regarding the tree lighting.
Coun. Shaak advised that Michael Johnston had been elected Chief of the Brielle Fire Company and that Jim Stenson had been re-elected as President of the Company; he congratulated both men on their appointments.
Coun. Bolger had no formal report, but he added his congratulations to the Manasquan Football Team and their Coach Pete Cahill and his staff for an outstanding job.
Page 168 8th December 2008
Coun. Gorham had no report, but he added his congratulations to the Team and to the Brielle PTO for their recent "Kitchen Tour".
There being no public comment the meeting was adjourned at 8:05 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Approved: December 22nd, 2008.
Thomas F. Nolan Municipal Clerk