Borough of Brielle, NJ
| May 26, 2009
May 26, 2009
MINUTES MAY 26th, 2009 WORK SESSION START: 7:30 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY THOMPSON & ADMINISTRATOR NOLAN.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who requested permission to add three resolutions to the Consent Agenda. The first was a liquor license renewal. The second renewed the Employee Assistance Program with Dr. Mike White, and the third declared an emergency to cover the cost of repairs to the Police Headquarters Air Conditioning System.
The Administrator added that he had a report regarding an issue from the Brielle Planning Board. The Board had approved an application for an Ice Cream Store, but stated that the Borough had to determine if the approval impacted the municipality's insurance liability. The Borough Attorney believed that the matter qualified for Executive Session and so it will be taken up at the end of the regular meeting.
Finally, the State has yet to approve our budget submission so we will need a motion at the regular meeting to carry both the Resolution of Adoption and the public hearing on the capital improvement project to June 8th.
William Brannick, 805 School House Road asked if the pending authorization to approve the budget included the request for a pension payment deferral. The Administrator advised that it did.
There being no further comments the work session was adjourned at 736: p.m. on a motion by Coun. Scott, seconded by Coun. Nolan.
MINUTES MAY 26th, 2009 START: 7:37 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY THOMPSON & ADMINISTRATOR NOLAN.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the May 11th, 2009 Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Nolan; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Scott introduced Resolution 09-54 for passage of the Consent Agenda.
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. To authorize a payment schedule for a Water/Sewer Bill re: Account #1742-0.
F. (see insertion).
G. To authorize the renewal of the Employee Assistance Program with Dr. Mark White at an annual cost of $1,800.00 per annum.
H. To declare an emergency due to the need to repair the air conditioning units for the
Brielle Police Headquarters.
Vote: Coun. Garruzzo, Gorham Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: Coun. Visceglia abstained on "B").
Coun. Visceglia, seconded by Coun. Garruzzo introduced Resolution 09-55 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 May 26th, 2009, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia all aye. No nays. Passed.
Coun. Visceglia, seconded by Coun. Garruzzo, introduced resolution 09-56 to carry the Resolution to adopt the 2009 municipal budget and the public hearing on the Capital Improvement Bond Ordinance to June 8th, 2009 at 7:30 p.m. The Council also authorized the Administrator, in the event of approval to adopt the budget being received within a reasonable timeframe, to provide a forty-eight notice to authorize a Special Meeting for the sole purpose of adopting the budget. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak, Visceglia; all aye. No nays. Passed.
Resolution No: 09-60
Date: May 26th, 2009
Resolution of The Borough of Brielle
Be It Resolved, that the Governing Body of the Borough of Brielle believes that it has sufficient insurance coverage to indemnify the Borough against potential litigation in association with the decision of the Brielle Planning Board to approve an application submitted by "Surf Cone" for which approval was given on May 12th, 2009.
Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. None Abstained.
The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on May 26th, 2009.
Witness my hand and seal of the Borough of Brielle this 27th day of May, 2009.
Thomas F. Nolan Municipal Clerk
RESOLUTION NO: 09-54-A
DATE: MAY 26th, 2009
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-44-007-004, AND
WHEREAS, THE APPLICATION IS COMPLETE, THE $1,364.00 FEE DUE TO THE BOROUGH AND THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL RECEIVED, AND ALL MUNICIPAL REQUIREMENTS HAVE BEEN MEET, AND
WHEREAS, NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE HAVE BEEN RECEIVED.
NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF JONATHAN RON, INC. T/A JONATHAN RON LIQUORS, FOR PREMISES LOCATED AT 629 HIGGINS AVENUE, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1st, 2009 THROUGH JUNE 30th, 2010.
THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON MAY 26TH, 2009.
WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 27th DAY OF JUNE, 2009.
THOMAS F. NOLAN MUNICIPAL CLERK
Resolution No: 09- 4-B
Date: May 26th, 2009
Borough of Brielle Resolution
Whereas, application has been made for the renewal of liquor license #1308-33-008-001, and
Whereas, the application is complete, the $1,866.00 fee due to the Borough and the $200.00 fee due to the State of New Jersey, Division of Alcoholic Beverage Control, have been received, and all other municipal requirements have been met, and
Whereas, no objections to the renewal of this license have been received.
Now Therefore Be It Resolved, that the application of the Manasquan River Golf Club, for premises located at 847 Riverview Drive (P.O. Box 505), Brielle, New Jersey, is hereby approved and the Clerk of the Municipality is authorized to deliver said license to the holder for the License Year July 1st, 2009 through June 30th, 2010.
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on May 26th, 2009.
Witness my hand and seal of the Borough of Brielle this 27th day of May 2009.
Borough of Brielle Resolution
Whereas, application has been made for the renewal of Liquor License #1308-33004-007, and
Whereas, the application is complete, the $1,866.00 fee due to the municipality, has been received, along with the $200.00 fee due to the State Division of Alcoholic Beverage Control, and
Whereas, all municipal requirements have been met and no objections to the renewal of this license have been lodged.
Now Therefore Be It Resolved, that the application of Simko’s Bar & Restaurant, LLC. T/A Simko’s for premises located at 403 Higgins Avenue, Brielle, New Jersey, is hereby approved and the Municipal Clerk is hereby authorized to issue said license for the period July 1st, 2009 through June 30th, 2010.
The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on May 11th, 2009.
Witness my hand and seal of the Borough of Brielle this 12th day of May, 2009.
Thomas F. Nolan
Resolution and Agreement For State Aid
Resolution: Approval to submit a grant application and execute a grant agreement with the New Jersey Department of Transportation for the Improvements to Holly Hill Drive project.
WHEREAS, The New Jersey Department of Transportation (Department) is committed to advancing projects that enhance safety, renew the aging infrastructure and support new transportation opportunities and, via the Transportation Trust Fund, provides the opportunity for State assistance to local governments for the funding of road, bridge, and other transportation projects;
WHEREAS, the Borough of Brielle desires to receive Department Municipal Aid in order to reconstruct and resurface Holly Hill Drive.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Brielle formally approves the grant application for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2010-Brielle Borough-00351 to the New Jersey Department of Transportation on behalf of the Borough of Brielle.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Brielle and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.
Certified as a true copy of the Resolution adopted by the governing body of the Borough of Brielle.
On this 26th day of May, 2009
Thomas F. Nolan, Municipal Clerk
My signature and the Clerk's seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the Resolution above.
(Clerk) (Residing Officer)
Name: Thomas B. Nicol
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-005-004, AND
WHEREAS, THE APPLICATION IS COMPLETE, AND THE FEES DUE TO THE MUNICIPALITY AND THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL HAVE BEEN RECEIVED AND ALL LOCAL REQUIREMENTS HAVE BEEN MEET, AND
WHEREAS, THE GOVERNING BODY HAS BEEN MADE AWARE OF NOISE CONCERNS AT THIS LOCATION AND THE HOLDERS OF THE LICENSE HAVE AGREE TO THE IMPOSITION OF CONDITIONS TO ADDRESS THESE CONCERNS.
NOW THEREFORE BE IT RESOLVED, THAT THE FOLLOWING CONDITIONS ARE HEREBY IMPOSED ON LICENSE #1308-33-005-004 SHIP WRECK INN, LLC T/A SHIP WRECK GRILL:
1. ALL DOORS & WINDOWS SHALL BE KEPT CLOSED WHENEVER ANY LIVE MUSIC IS PLAYED.
2. REGARDING THE USE OF THE DECK AREA. ALL CONDITIONS IMPOSED BY THE BRIELLE PLANNING BOARD, REGARDING THE LIMITATION OF SERVICE ON THE DECK, AS STATED IN THEIR RESOLUTION (8/9195), AND AS FURTHER MEMORIALIZED IN MUNICIPAL RESOLUTION 96-46-E, WHICH AUTHORIZED A PLACE-TO-PLACE TRANSFER TO PERMIT UTILIZATION OF THE DECK, SHALL BE INCORPORATED INTO THIS RESOLUTION AS ADDENDUM #1.
3. IN THE EVENT THERE IS ANY MODIFICATION OF THE CONDITIONS IMPOSED BY THE PLANNING BOARD, THE MUNICIPAL RESOLUTION SHALL MIRROR THESE CONDITIONS, BUT IT SHALL BE THE APPLICANT'S RESPONSIBILITY TO ADVISE THE GOVERNING BODY OF ANY SUCH CHANGE TO ENSURE THAT THE EXACT LANGUAGE IS INCOPORATED INTO ADDENDUM #1.
NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF SHIP WRECK INN. INC. T/A SHIP WRECK GRILL, FOR PREMISES LOCATED AT 720 ASHLEY AVENUE, BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1ST, 2009 THROUGH JUNE 30TH, 2010.
THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON MAY 26th, 2009.
WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 27th DAY OF MAY 2009.
THOMAS F. NOLAN
Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE VACATING A PORTION OF MORGAN PARKWAY WITHIN THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, STATE OF NEW JERSEY”.
Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 09-57 for passage on introduction and first reading. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Gorham, introduced Resolution 09-58 to authorize publication in the Coast Star for a hearing to be held on June 8th, 2009, at 7:30 p.m. at Borough Hall. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then read the following Proclamation:
WHEREAS, Ovarian cancer is called the "silent disease" because its symptoms are often vague or subtle; and
WHEREAS, Ovarian cancer is the fifth leading cause of cancer deaths among women and the leading cause of gynecologic cancer death in the United States; Each year, more than 22,000 women are diagnosed with the disease and approximately 16,ooo 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 Turn The Towns Teal campaign was launched by Gail MacNeil during her 10 year battle ovarian cancer.
WHEREAS, Kaleidoscope of Hope (KOH), the Atlantic Health System and the National Ovarian Cancer Coalition-Northern NJ (NOGG) are partnering to promote awareness of ovarian cancer` through the Turn The Towns Teal campaign.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of declare September as Ovarian Cancer Awareness month and support
Mayor Nicol then called for Committee Reports and recognized Coun. Scott who reminded the public that leaf collection had ended and would not be resumed until October 1st. Shredding Day was scheduled for June 13th and it provided an excellent opportunity to get rid of private papers. Additional information was available on the Borough Web-Site.
Coun. Scott also praised the Union Landing Historical Society's "Decoration Day" observance held at the Osborn Grave Yard and added that the group was planning to observe Brielle's 90th Anniversary with events that would include a parade. Civic Groups were urged to participate and Page 54
the event was being coordinated by John Belding. The kickoff event should take place between Labor Day & Brielle Day.
Coun. Nolan cited the schedule of Library Programs that included "Lady Bug Lady" on June 9th at 3:00 p.m., Altered Books Workshop on June 16th, and computer training programs that included e-mail on June 8th and the Inter-Net on June 15th. Summer Recreation sign-ups would be held on May 30th, at Borough Hall, between 10:00 am and Noon. On June 19th the annual Family Picnic would begin at 4:00 p.m. Coun. Nolan concluded by echoing Coun. Scott's sentiments on Decoration Day.
Coun. Garruzzo cited the Police Report for Memorial Day Weekend noting two crisis interventions, three DWI arrests, three drug arrests and two arrests on warrants; he also noted the Fire Company & First Aid Squads had had a busy weekend. In closing Coun. Garruzzo added his voice to those who praised the Decoration Day Program, but he added that he felt that the event should have received more publicity.
Coun. Shaak cited the boat accident in Manasquan on May 22nd that had resulted in a fatality. However, he was pleased to report that two of the victims appeared to be recovering and he praised the Brielle Fire Company and First Aid Squad, along with the Coast Guard and the State Police for the efforts in the rescue operation.
Coun. Gorham & Visceglia having nor report, the Chair opened the meeting to the public and recognized James Langenberger, 618 Bradley Avenue, who reminded Council that the American Diabetes Association would conduct the annual Tour Day Cure Bick Tours in Brielle Park on May 30th. He added that the Church in Brielle was also holding a one mile walk the same day. Coun. Scott interjected that registration for the walk would be held between 9:00 am and 10:30 pm. The fee was $20.00 and included lunch; it was open to all ages and an excellent opportunity to walk through the Borough.
Janet Hendricks, 615 Leslie Avenue, voice a concern about Hoffman’s Anchorage placing orange cones to prevent residents from availing themselves of the public easement along the Manasquan River. Code Enforcement Langenberger being present, he advised that the cones had been removed and the waterfront access was restored; however, parking at Hoffman's continued to be private.
Ms. Hendricks also asked about Donnelly Beach and Osprey Point Drive. She was advised that both access points were open to the public.
William Brannick, 805 School House Road, asked how the proposed capital improvement program would be funded. Would the Borough borrow the money and what would be the rate of interest? The Administrator advised that the projects would be self-funded through the Borough's Capital Improvement pay-down program. Mr. Brannick asked if the pension deferral could be bonded that way? The Administrator advised that a municipality could not bond that debt, although the state had in the past. The Administrator also conceded Mr. Brannick's point that the Page 55
prior Administrations, by deferring pension payments, had created the unfortunate situation; he added that municipal employees had always made their portion of the payments and those monies had never been deferred.
Mr. Brannick asked Attorney Thompson if he could address and inquiry made two meetings ago to Mr. Montenegro regarding the amount of funding that could be provided to a First Aid Squad and if the titles to First Aid Vehicles had to be turned over to the Borough?
Mr. Thompson advised that the Borough could provide $70,000 to the Squad without restrictions. The Borough could provide up to a maximum of $105,000 if needed again without restriction, but allocations beyond that number did have to be secured by a lien and be accompanied by a statement from a certified public accountant.
Janet Hendricks, 615 Leslie Avenue, asked the timeframe for the proposed Union Lane Sidewalk project? She was advised that bids were due on June 5th and an award was anticipated for June 8th.
Michael Dimento, 644 Woodland Avenue, advised the Council that, if the proposed Morgan Parkway improvements did not proceed properly he would call the State and stop the job.
Former Coun. Richard Bolger, 2 Water's Edge, lamented the proposed $200,000 pension deferral and while his past experience on the governing body made him confident that Council had made every effort to produce a viable budget, he felt, based on recent experience with other communities, that it was important to be innovative and avoid a liability that would eventually have to be paid; he called the deferral a "gimmick".
Coun. Bolger noted that in Neptune Township the Board of Education had worked with the Township to find an alternative means to seeking a deferral. Coun. Bolger believed that there were similar opportunities in Brielle for cost saving services between the School and Borough such as shared Library Services and facility maintenance.
Coun. Bolger also pointed out that the recent discussion of regionalization of schools was an opportunity not to be missed. While there was a great deal of confusion concerning is objectives, the County Superintendent, Carole Morris, was open to ideas and suggestions from the public and the goal was not the creation of a large regional school, but to obtain cost reductions that would benefit the local property tax payer.
Coun. Bolger believed that the burden for effected these changes fell to the Governing Body and he urged them to enter into a dialogue with the Board of Education to seek to work together to provide cost effective services and a balanced budget.
Gretchen Danish, 402 Morgan Parkway, voiced a concern over the proposed sidewalk improvements and wanted to know if her sprinkler system was at risk?
The Administrator explained that the Borough Engineer and his Inspectors would supervise the project to ensure that private property was not damaged.
Page 56 26th May 2009
Ms. Danish asked about her newly planted trees and was advised that anything that was in the Borough right-of-way was subject to removal.
A young woman who resided at 612 Woodland Avenue, asked the Council to visit the Woodland Avenue area prior to the June 8th Meeting at either 8:05 am or 3:05 pm to see how some forty five children who reside on Woodland Avenue, use Morgan Parkway as a safe passage to the School, Library and Brielle Park.
Coun. Nolan, seconded by Coun. Garruzzo, introduced Resolution 09-59 to authorize an Executive Session. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and Whereas, the Borough Council of the Borough of Brielle is of the opinion that such circumstances currently exist. Now Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on May 26th, 2009, as follows:
1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
2. The general nature of the subject matter to be discussed is as follows: "Potential Litigation/Insurance Liability".
3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.
The Executive Session began at 8:18 p.m. and ended at 8:45p.m. The session was adjourned on a motion by Coun. Garruzzo, seconded by Coun. Scott.
Coun. Garruzzo, second by Coun. Nolan introduced Resolution 09-60. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye, no nays. Passed.
The meeting was adjourned at 8:48 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Scott.
Approved: June 8th, 2009. Thomas F. Nolan