Borough of Brielle, NJ
| June 8, 2009
June 8, 2009
MINUTES JUNE 8th, 2009 WORK SESSION START: 7:30 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY STEUERMAN & 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 received bids for the Union Lane Sidewalk Project. The bids had been reviewed by the Borough Engineer and the Bond & Surety were reviewed by the Borough Attorney. The low-bidder was Sea View General Contracting, Inc. of Sayreville, N.J. @ a price of $115,375.51. An enabling resolution was already on the consent agenda, but he would fill in the details at the regular meeting. He also asked permission to add a resolution to the consent agenda to permit a schedule of payments for water account #65 and to declare an emergency regarding the replacement of a motor control valve at the Old Bridge Road Water Plant.
Janice Hendricks, 615 Leslie Avenue asked if the award was going to the low-bidder? The Administrator explained that it was. Fourteen bids had been received, and Sea View was the lowest bidder. The Local Public Contracts Law required that the award be made to the lowest qualified bidder. Sea View was qualified and had performed work for the Borough in the past.
William Brannick, 805 School House Road, asked if the proposed vehicle wash station would cost more than the estimate that appeared in the Bond Ordinance? The Administrator said that was correct. One of towns had opted out of the proposed agreement, but it was believed that the shortage could be made up by charging a per vehicle charge to other interested municipalities.
There being no further comments the work session was adjourned at 7:40 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
MINUTES JUNE 8th, 2009 START: 7:41 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY STEUREMAN & ADMINISTRATOR NOLAN.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the May 26th, Meeting & June 1st Special 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 09-62 for passage of the Consent Agenda.
A. To authorize the Mayor & Clerk to execute an Inter-Local Agreement with the Borough of Manasquan for the provision of a Truck Wash Pad.
B. (see Insertion)
C. To authorize a payment schedule re: Water Account #65.
D. To declare an emergency re: replacement of a water control valve at the Old Bridge Road Water Plant.
Vote: Coun. Garruzzo, Gorham Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 09-63 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 June 8th, 2009, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Scott & Shaak; all aye. No nays. Passed.
Resolution No: 09-62-B
Date: June 8th, 2009
Resolution of the Borough of Brielle
Whereas: on June 2nd, 2009, Holiday Express, 968 Shrewsbury Avenue, Tinton Falls, NJ 07724, submitted Raffle Application No. 2009-09, ID No. 343-4-36537 for an on-site 50/50 raffle, to be held at the Manasquan River Golf Club, 843 Riverview Drive, on Monday, July 20th, 2009 from 7am to 8pm.
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 June 8th, 2009.
Witness my hand and Seal of the Borough of Brielle this 9th day of June 2009.
Thomas F. Nolan
Resolution No: 09-62
Date: June 8th, 2009
Resolution of the Borough of Brielle
Whereas, the Borough of Brielle did advertise in the Asbury Park Press and the Coast Star for bids for "Sidewalk Improvements, Green Avenue, Union Lane & Legg Place", and
Whereas, bids were received by the Borough on June 5th, 2009, and
Whereas, the lowest responsible bidder was Sea View General Contracting, Inc. P.O. Box 1165, Sayreville, N.J. 08871 with a bid in the amount of $115, 375.51 and
Whereas, the Bid Bond and Consent of Surety were found to be in order, and funds are available to undertake this work.
Now Therefore Be It Resolved, that the bid submitted by Sea View General Contracting, PO Box 1165, Sayreville, N.J. is hereby accepted, and the Municipal Clerk is hereby authorized to initiate the contract.
Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; aye. No nays. None abstained.
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on June 8th, 2009.
Witness my hand and seal of the Borough of Brielle this 9th day of June, 2009.
Thomas F. Nolan
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "BOND ORDINANCE PROVIDING AN APPROPRIATION OF $410,000.00 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $389,500.00 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APPROPRIATION".
The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
The Administrator explained that the ordinance permitted the implementation of the 2009 Capital Improvement Program.
William Brannick, 805 School House Road, cited the $25,000 allocation for the First Aid Building and asked if it were legal to provide public monies to a private non-profit corporation?
The Administrator advised that, based on Mr. Montenegro's research, the Borough could provide up to $70,000 to a First Aid Squad in accordance with state statute.
Mr. Brannick asked if the Squad was subject to the bidding requirements of the Local Public Contracts Law?
The Administrator believed that they were not subject to those requirements and that, since they were undertaking the work and the Borough was simply making a contribution, they were exempt from the bidding requirements; he added that Borough would do due diligence and review the plans and specifications to ensure that the best price was obtained.
The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Conn. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-64 for passage on final reading of the foregoing ordinance. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-65 to authorize publication of passage and adoption in the Coast Star, according to Municipal Bond Law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE VACATING A PORTION OF MORGAN PARKWAY WITHIN THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, STATE OF NEW JERSEY”.
The hearing was opened on a motion by Coun. Scott, seconded by Coun. Shaak.
Attorney Steureman recommended that Council carry the hearing to June 22nd, to permit him Page 61
to obtain a Title Search in order to further clarify ownership of the unimproved portion of Morgan Parkway.
Coun. Nolan asked how long it would take to obtain a search and the Attorney advised "two days".
Council was prepared to carry the matter, but Michael Dimento, 644 Woodland Avenue stated that he had come to the hearing to voice his concerns and should be given an opportunity to do so.
Council recognized him and he voiced a concern over the proposed ten foot easement that he assumed was intended as a walkway to connect Woodland Ave. to Borrie Avenue. Mr. Dimento called it an "alley" and stated that it was a perfect spot for an ambush. He postulated that not even an animal would venture down such a path. He went on to say that now the area was wide open, but a ten foot path would be narrow and a haven for criminal activity. He felt that the path would require illumination if constructed and would require police patrols.
Mr. Dimento also took exception to the proposed building lots saying that they would translate into increased school enrollment and greater demand on the water/sewer system and other public services. He stated that this was not just a vacation, but a new subdivision; he urged that a deed restriction be imposed to prevent such a subdivision.
Mayor Nicol advised that subdivisions were a Planning Board matter. The Mayor also took exception to the criticism of the proposed path and noted that there were a number of such pathways throughout the Borough.
Julia Barnes, 626 Woodland Avenue, took exception to the application. She believed that the Shiloh Baptist Church had three existing lots, but the vacation could create an additional lot. She believed that their request was motivated by profit.
Ms. Barnes took umbrage at the fact that the vacation was being predicating on the street no longer being needed for a public purpose, but she cited fifty-five school age children who use it every day to get to School, the Park and the Library. As a member of the School Board she reminded the Council of the “door to door" policy that mandated that the School Board ensure that every student arrived home safely. While the Church intended to sell the property for a profit, the public was being ill served as the roadway was used not only by the children, but joggers and pedestrians.
Mike Meseroll, 637 Woodland Avenue, read a letter he had written to the Coast Star on this subject (see insertion). He reminded the Council that former Coun. Mamie Moon had fought to keep this path open.
ATTENTION MAYOR AND COUNCIL OF BRIELLE
Editor, The Coast Star,
The ordinance to “Vacate a portion of Morgan Parkway” does not serve the public interest and raises many questions.
Every day, children and adults use this public land along with the town owned lot on Woodland Avenue to walk and bike to school, library and park. This pathway is a safe and shorter passage for all the public to use. The Shiloh Baptist Church now owns two legal (conforming) lots on Borrie Avenue. By annexing this property, they are trying to create three [non-conforming] lots. How many variances will we have to see here?
Why would our town representatives choose to vacate land that the public uses every day?
Who's best interests are you looking out for?
Why not look out for our children's interest and needs for a safe and shorter walk to and from the school, park and library? There are more than forty children on our Woodland Avenue block and many more on Agnes Avenue and Park Avenue who need this walkway. Future residents and their children will need this walkway.
Several years ago, Mrs. Moon, a resident and former town council member, fought to keep this walkway open. Her hard work here has been a success but now it is in jeopardy. I urge you, Mayor Nicol and council members, do the right thing here, honor the past decisions and vote no on this ordinance.
Woodland Avenue, Brielle
Robert Lee, 609 Woodland Avenue, stated that he had been a member of the Church for forty-five years and only recently did the Church have to pay taxes on the property; he asked why?
Jim Mannion, 624 Harris Avenue, inquired how the process was initiated? The Administrator
explained that the Borough Code permitted an applicant to request a vacation. The applicant posted a fee to cover the cost of the review by the Borough Professionals and then the Council made a determination as to the merits of the request. Attorney Steuerman added that, while case law established that the property, once a municipality relinquished its interest, it would revert to the adjacent property owners. The Attorney also noted that the Borough could deny the request.
In reply to Mr. Dimento, the Attorney stated that prevailing case law employed the center line of the street to be vacated as the means to determine the new lot lines. The Attorney also noted that there was no case law on the size of any easement that the Borough might wish to retain.
Coun. Nolan asked if the other property owners had been contacted? The Attorney replied that the Church had been unable to make contact, but if the vacation went forward they would be notified by certified letter.
The conversation then centered on notice requirements and if the other party, the Dettlinger’s, 626 Borrie Avenue, could refuse to accept their half of the vacated street?
The Attorney explained that noticed been given by publishing the Ordinance in the Asbury Park Press and setting the date for the public hearing. The Dettlinger’s could reject their half of the property and then the Borough would retain ownership.
Susan Degnan, 630 Woodland Avenue, noted that she was the person most impacted by this proposal and she urged Council to give careful consideration to the request as many residents used the pathway.
Coun. Garruzzo suggested that the proposed easement should be strategically placed and he felt that the Dettlinger’s should be contacted by certified letter and their feelings ascertained.
On a motion by Coun. Nolan, seconded by Coun. Garruzzo, the hearing was carried to June 22nd, 2009 at 7:30 pm.
Mayor Nicol then called for Committee Reports and recognized Coun. Scott who reminded the public that "shredding day" would take place on Saturday June 13th from 9:00 am to 1:00 pm. Assistance would be available.
On Friday, June 12th, a Flag Day Observance would be held at the 9/11 Memorial Park. The event was being sponsored by Cub Scout Pack 63 and the Union Landing Historical Society. Refreshments would be served and residents were urged to honor their Country's Flag.
Coun. Scott also cited her attendance at the South Monmouth Municipal Alliance Meeting. The Alliance was in the midst of a re-organization, but Coun. Scott would keep the public advised of their activity going forward.
Coun. Nolan cited the Library's Internet Program for June 15th and the Lady Bug Lady program at 3:30pm on June 9th. Coun. Nolan also noted that over sixty youths had come out for the Biddy Baseball Program and the annual Family Picnic would be held on June 14th at 4:00 pm in Brielle Park.
Coun. Garruzzo advised the public that eighty-three seatbelt violations had been issued during the "Click It or Ticket" Program, May 18th to 31st. In addition one hundred and thirty-nine motor vehicle violations had been issued, there were ten drunk driving arrests, two possessions of controlled dangerous substances and three warrant arrests.
In addition Coun. Garruzzo cited a recent motor vehicle stop where an officer had been wounded by a hypodermic needle during a purse search. Fortunately the officer was all right, Page 64 8th June 2009
but it showed just how dangerous police work can be.
In closing Coun. Garruzzo read the following letter from Mr. Robert A. Mustich, 1004 Shore Drive, Brielle, New Jersey 08730.
Michael W. Palmer
Chief of Police
Borough of Brielle
601 Union Lane
Brielle, New Jersey 08730
June 4, 2009
Please let me extend my gratitude to one of Brielle's freest, Officer Nick Norcia badge # 227 for his help in apprehending individuals in connection with my recent assault.
The Officer along with another were able to fiend and arrest the individual who threw a bottle from an oncoming car which hit me while I was riding my bike with my wife on Riverview this past Sunday. Without having seen the plate and only with a description of the car I did not think it would be possible to find the individual.
Hopefully this individual will learn a lesson from the experience and change his behavior in the future.
Thank you and those involved for your efforts and time in this matter.
Robert A. Mustich
Coun. Shaak, Gorham & Visceglia having no reports and there being no public comment, the meeting was adjourned at 8:25 pm on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Approved: June 22nd, 2009
Thomas F. Nolan