Borough of Brielle, NJ
| July 13, 2009
July 13, 2009
MINUTES JULY 13th, 2009 WORK SESSION START: 7:31 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. NOLAN & SHAAK.
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.
There being no further comments the work session was adjourned at 7:33 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Visceglia.
MINUTES JULY 13th, 2009 START: 7:32 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. SHAAK. (COUN. NOLAN ARRIVED AT 7:40 PM.)
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 22nd, 2009 Meeting were approved on a motion by Coun. Gorham seconded by Coun. Garruzzo; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Gorham introduced Resolution 09-68 for passage of the Consent Agenda.
A. (see insertion).
B. To authorize the release of a Performance Guarantee re: As-Is Enterprises, 402 Higgins Avenue, Brielle, New Jersey.
C. To authorize the release of a Performance Guarantee re: Surf Cone, 501 Union Avenue, Brielle, New Jersey.
D. (see insertion).
E. To authorize a payment schedule for Water/Sewer Account #255.
F. To declare an emergency relative to the repair of a pump at the Cedar Bridge Sewerage Pump Station.
Vote: Coun. Garruzzo, Gorham, Scott & Visceglia; all aye. No nays. Passed.
(Note: In response to an inquiry by William Brannick 805 Schoolhouse Road, regarding Resolution "A", the Administrator explained that the municipalities would b seeking share grant funds to undertake the proposed study. In the absence of funding Brielle was not obliged to participate further.)
Mayor Nicol then appointed Coun. Scott to the Finance Committee for purposes of this meeting.
Coun. Visceglia, seconded by Coun. Garruzzo, introduced Resolution 09-69 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 July 13th, 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 & Visceglia; all aye. No nays. Passed.
Resolution No: 09-68-A Date: July 13th, 2009
Resolution of the Borough of Brielle
Whereas, the Borough of Brielle wishes to explore and all possible means of reducing the cost of municipal services, and
Whereas, a Shared Services Study Group has been formed by a number of South Monmouth Communities, including Manasquan, Sea Girt, Spring Lake, Spring Lake Heights and Wall Township, and
Whereas, the Governing Body of the Borough of Brielle believes that participation in the Study Group could be beneficial.
Now Therefore Be It Resolved, that participation in the Shared Services Study Group is hereby authorized conditioned on the fact that direct participation in any grant application or any request for proposal (RFP) shall require a separate resolution by the Governing Body.
Be It Further Resolved, that the Borough of Brielle shall remain free to participate in only those individual elements of service as it may chose or none at all.
Be It Further Resolved, that the Business Administrator & Chief Municipal Finance Officer shall be designated as the representatives to the Shared Services Study Group.
Moved By: Seconded By: Vote:
The foregoing is a true copy of a resolution adopted by the Mayor & Council at a meeting held on July 13th, 2009.
Witness my hand and seal of the Borough of Brielle this 14th day of July, 2009.
Thomas F. Nolan
Resolution No: 09-68-D Date: July 13th, 2009
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, N.J.S.A. 40A: 5-4 requires the governing both of every local unit to have made an annual audit of its books, accounts and financial transactions, and
WHEREAS, the Annual Report of Audit for the year 2008 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Borough of Brielle, Thomas F. Nolan as per the requirements of N..J. S. 40A: 5-6, and a copy has been received by each member of the governing body, and
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs, and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled "Comments and Recommendations; and
WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled "Comments and Recommendations" as evidenced by the group affidavit form of the governing body attached hereto: and
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as Stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and
WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 -to wit:
R.S. 52:27BB-52 - A local officer or member of a local governing body who, after a date fixed for compliance, fills or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fine not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year. or both, in addition shall forfeit his office.
NOW, THEREFORE BE IT RESOLVED, that the Mayor & Council of the Borough of Brielle. hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON JULY 13th, 2009.
Thomas F. Nolan Municipal Clerk
Mayor Nicol then announced that the time had arrived for the re-opening of 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. Garruzzo, seconded by Coun. Nolan. Coun. Garruzzo then read the following statement.
AT THE DIRECTION OF MAYOR NICOL, THE FINANCE COMMITTEE REVIEWED THE FINDINGS OF THE TITLE SEARCH WITH THE BOROUGH ATTORNEY, INSOFAR AS IT INITIALLY APPEARED THAT THE BOROUGH MIGHT HOLD THE TITLE TO THE PROPERTY KNOWN AS THE UNDEVELOPED PORTION OF MORGAN PARKWAY. IN THAT EVENT ANY TRANSFER OT TITLE WOULD HAVE REQUIRED A SALE AND THEREFORE IT WOULD FALL UNDER THE COMMITTEE'S JURISDICTION. AS IT TURNED OUT THE BOROUGH DOES NOT HAVE TITLE AND, SHOULD THE PROPERTY BE VACATED, THE LAND WOULD REVERT TO THE ADJACENT PROPERTY OWNERS.
INSOFAR AS THE BOROUGH WISHED TO PRESERVE AN EASEMENT TO CONTINUE TO PROVIDE SAFE PEDESTRIAN PASSAGE FROM WOODLAND TO BORRIE AVENUE AND SINCE STATE STATUTE DOES NOT PROVIDE THE AUTHORITY TO REQUEST AN EASEMENT FOR SUCH A PURPOSE, THE COMMITTEE BELIEVES THAT IT IS IN THE PUBLIC INTEREST TO DENY THE REQUEST FOR VACATION.
THE COMMITTEE WOULD ALSO NOTE THAT, EVEN WITH A VACATION, THE CHURCH WOULD STILL REQUIRE PLANNING BOARD APPROVAL FOR THE SUBDIVISION OF THEIR LOT ON BORRIE AVENUE AND VARIANCES WOULD BE NEEDED FOR THE LOT ON WOODLAND AVENUE.
GIVEN THAT NECESSITY, IT SEEMED PRUDENT TO LET THE PLANNING BOARD MAKE THE DETERMINATION AS TO WHETHER OR NOT RELIEF SHOULD BE GRANTED TO THE CHURCH RELATIVE TO ANY PROPOSED DEVELOPMENT.
THE ISSUE AS TO WHETHER OR NOT THE BORRIE AVENUE LOT SHOULD BE CONSIDERED TO BE A CORNER LOT, DUE TO THE TECHINCAL EXISTANCE OF THE PAPER STREET, IS A MATTER FOR THE PLANNING BOARD TO INTERPERT AND THE COUNCIL SHOULD NOT SEEK TO USURP THEIR AUTHORITY.
THEREFORE IT IS THE RECOMMENDATION OF THE COMMITTEE THAT THE VACATION REQUEST SHOULD NOT BE APPROVED.
The Chair recognized Janice Moon, 607 Old Bridge Road, who represented the Shiloh Baptist Church. Ms. Moon asked for a clarification of Coun. Garruzzo's statement as to ownership of the unimproved portion of Morgan Parkway.
Attorney Montenegro explained that in some instances a developer will dedicate a portion of a roadway to the municipality. In that event the Borough would own the street. In this case, the Borough has an “overlay” or a easement for a public purpose. The underlying property is owned equally by the two adjoining property owners, the Church and a Mr. & Mrs. Dettlinger. If the Borough were to vacate the easement the real estate would revert to the property owners.
Ms. Moon asked if that meant that, the elimination of the municipal right-of-way, would mean that the property reverted to the property owners? Mr. Montenegro stated that was correct. Ms. Moon asked if the property was tax exempt? The Attorney said that the right-of-way was tax exempt so long as it was retained for a public purpose.
The hearing was closed on a motion by Coun. Scott, seconded by Coun. Garruzzo.
On a motion by Coun. Nolan, seconded by Coun. Garruzzo, the Council voted on Resolution 08-70 to deny, after a public hearing, the vacation request, insofar as it was determined that Morgan Parkway should be retained for a public purpose. Vote: Coun. Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed.
Mayor Nicol then called for committee reports and recognized Coun. Scott who had no official report, but who lamented the much heralded coverage of "Shredder Day" by the Wall Street Journal. Coun. Scott termed the article "no big deal". Brielle was mentioned once, the event's sponsor, Monmouth County, not at all, and the entire article focused on the shredding industry. After all the apparent fanfare, Coun. Scott called the article "a big letdown".
Coun. Nolan cited Brigit Carlson & Jason Lorenzo, as the winners of the Library's $500.00 Jean Wetzel Scholarship Award. He added that the Library would conduct a seminar of "Dutch Bulb Planting" on July 20th
Turning to Recreation, Coun. Nolan cited the success of the Family Day Picnic and three spontaneous tugs-of-war that had added to the festivity. Coun. Nolan also cited the recoating of the Basketball Courts and the addition of adjustable backboards. The tennis court recoating had been temporary, but was scheduled for completion shortly.
Coun. Garruzzo, cited the June Crime Statistics and noted 26 adult arrests, including 9 D.W.I., 1 Juvenile arrest for the possession of alcohol, 299 summonses issued. 436 Cases had been initiated and 18 Motor Vehicle Accidents had been investigated.
Neither Coun. Gorham or Visceglia had reports, but Coun. Scott was recognized and she cited her attendance, along with Coun. Nolan, at the Eagle Scout Court of Honor for
Page 74 13th July 2009
Nicholas Stango. Coun. Nolan had represented the Borough and read a Proclamation that proclaimed the day in Mr. Stango's honor.
Coun. Scott praised Mr. Stango's achievement and added that the troop that had faced declining enrollment and had considered merging with another troop, was now back to fifteen members.
The meeting was opened to the public and the Chair recognized William Brannick, 805 School House Road, who cited concerns he had voiced previously concerning the Borough decision to turn the police boat over to the Brielle Fire Department.
On Sunday, July 5th, he observed the boat in the Manasquan Inlet. He stated he waved to the occupants who returned the gesture until they realized who he was. They then turned around and headed back to Brielle waters at top speed.
Mr. Brannick termed the trip a "joy ride” and asked Public Safety Chairman Garruzzo to investigate.
Rod Zarelli, 301 South Street, a member of the Fire Company, stated that it was better to run the boat and have it out on the water, then laying in the slip. He stated that the trip was not a "joy ride".
Mr. Brannick interjected that if the Rescue Boat was to be utilized it should be to patrol Brielle Waters and not Manasquan.
Mr. Zarelli added that the boat had sailed around Nienstedt Island. Coun. Garruzzo stated it was his intent to review the matter and have a report for the next meeting.
Michael Meseroll, 637 Woodland Avenue, suggested that the Borough purchase the Church property on Woodland & Borrie Avenues and keep it as open space.
Coun. Nolan offered that Green Acres fund had effectively dried up, but the Borough was always investigating opportunities for such funding.
There being no further comments, the meeting was adjourned at 7:55 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Approved: July 27th, 2009 ______________________
Thomas F. Nolan