Borough of Brielle, NJ
| August 10, 2009
August 10, 2009
MINUTES AUGUST 10th, 2009 WORK SESSION START: 7:30 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, NOLAN, SCOTT, SHAAK & VISCEGLIA. 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 four resolutions to the consent agenda "D" would permit the release of a tax title lien and "E" approves a Change Order for the 2008 Road Improvement Program, and "F" authorizes the submission of the Noise Control Ordinance to N.J.D.E.P. for review. Finally "G" would renew the Borough's membership in the C.J.H.I.F. Council gave their acquiescence.
Mayor Nicol then read the following Proclamation (see insertion).
Mayor Nicol then advised the public that Mr. Ernish's project had been to assist the Bayberry garden Club in the construction of a garden at the Curtis House site. On Tuesday, August 11 th, the Garden Club would celebrate their 50th Anniversary @ 2:00 p.m. at Curtis House; he invited everyone to attend.
Mr. Ron Ernish, 405 South Street, was recognized and he thanked the Mayor & Council and the Bayberry Garden Club for their assistance in helping his son attain the rank of Eagle Scout.
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 AUGUST 10TH, 2009 START: 7:41 P.M.
PRESENT: MAYOR NICOL, CO-UN. GARRUZZO, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the July 27th, 2009 Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Shaak; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 09-77 For Passage of the Consent Agenda.
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. To authorize the release of a Tax Title Lien, in the aggregate amount of $24, Re:
323-325 Fisk Avenue.
E. To authorize the Mayor & Clerk to execute Change Order No. 1 re: 208 Road Improvement Program.
F. (see insertion).
G. (see insertion).
Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 09-78 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 August 10th, 2009, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then announced that the time had for a hearing and further consideration of "AN ORDINANCE FOR DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM".
Resolution 09-77-B August 10th, 2009
FOR ADOPTING AN UPDATED PLAN DOCUMENT
FOR AN EXISTING
EMERGENCY SERVICES VOLUNTEER
LENGTH OF SERVICE AWARD PLAN
BOROUGH OF BRIELLE Sponsoring Agency
EMERGENCY SERVICES VOLUNTEER LENGTH OF SERVICE AWARD PLAN
WHEREAS, the _Borough of Brielle_ (hereinafter referred to as the "Sponsoring Agency") by resolution adopted a Length of Service Award Plan (hereinafter referred to as the "Plan") effective August 10th, 2009 , for the purpose of enhancing the Sponsoring Agency's ability to
retain and recruit volunteer firefighters and volunteer members of emergency service squads; and
WHEREAS, the Sponsoring Agency by resolution retained The Variable Annuity Life Insurance Company ("VALIC") as the contractor under the Plan; and
WHEREAS, the Sponsoring Agency adopted the VALIC Length of Service Award Plan Document approved by the Division of Local Government Services and assigned identifier 02-LOSAP-VALICI20800, effective February 24th 2003and
WHEREAS, the Sponsoring Agency desires to adopt the updated VALIC Length of Service Award Plan Document approved by the Division of Local Government Services and assigned identifier 07-LOSAPVALIC-040209;
NOW, THEREFORE, BE IT RESOLVED that the Sponsoring Agency hereby adopts the VALIC Length of Service Award Plan Document approved by the Division of Local Government Services and assigned identifier 07-LOSAP-VALIC-040209 effective August 10th, 2009 and authorizes the
Business Administrator to execute the document and to submit a certified copy of this Resolution to the Director of the Division of Local Government Services.
I, Thomas F. Nolan, Business Administrator of the Sponsoring Agency, in the County of Monmouth and the State of New Jersey, do hereby certify
the foregoing to be a true and correct copy of a RESOLUTION adopted by the Sponsoring Agency on the day of August 10th, 2009.
Witness my hand and seal of the Sponsoring Agency on the 11th-day of August 2009 .
RESOLUTION 09-77-C AUGUST 10TH, 2008
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-011-005, AND
WHEREAS, THE APPLICATION IS COMPLETE, THE $1,866.00 FEE DUE TO THE BOROUGH OF BRIELLE 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 MEET, AND
WHEREAS, NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE HAVE BEEN RECEIVED.
NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF PIANCONE HOSPITALITY GROUP, LLC, T/A PIANCONE'S SOUTH, FOR PREMISES LOCATED AT 110 UNION AVENUE (ROUTE #71), BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS HEREBY AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE PERIOD JULY 1ST, 2009 THROUGH JUNE 30TH, 2010.
THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED AT A METING OF THE BRIELLE MAYOR & COUNCIL HELD ON AUGUST 10TH, 2009.
WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 11TH DAY OF AUGUST, 2009.
THOMAS F. NOLAN MUNICIPAL CLERK
RESOLUTION NO. 09-77-F
RESOLUTION OF THE COUNCIL OF THE BOROUGH OF BRIELLE AUTHORIZING THE SUBMISSION OF BOROUGH CODE §3-1 ENTITLED "NOISE CONTROL" TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR APPROVAL.
WHEREAS, the Council for the Borough of Brielle desires to implement a policy to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.; and
WHEREAS, the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq. authorizes the New Jersey Department of Environmental Protection (NJDEP) to establish sound level standards, which are codified in the Noise Regulations at N.J.A.C. 7:29.
WHEREAS, a noise ordinance adopted by a municipality must be approved by NJDEP to verify that the ordinance is consistent with the statewide strategy for noise control and that the ordinance is more stringent than the State's noise regulations; and
NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Brielle as follows:
1. Section 3-1, entitled "Noise Control" shall be submitted to the New Jersey Department of Environmental Protection for approval consistent with the Noise Control Act of 1971. N.J.S.A. 13 :1 G-1 et seq.
This is to certify that the foregoing Resolution was adopted by the Borough Council of the Borough of Brielle at a public business meeting held on August 10th , 2009.
Thomas F. Nolan Borough Clerk
RESOLUTION NO. 09-77-G CENTRAL JERSEY HEALTH INSURANCE FL ND RESOLUTION to RENEW
WHEREAS, a number of public entities in the State of New Jersey have joined together to form the Central Jersey Health Insurance Fund, hereafter referred to as "FUND", as permitted by N.J.S.A. 1 I:15-3, 17:1-8.1. and 40A:10-36 et seq., and;
WHEREAS, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since February 1, 1992, and;
WHEREAS, the statutes and regulations governing the creation and operation of a joint insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND;
WHEREAS, the governing body of Borough of Bri.elllreinafter referred to as "LOCAL UNIT" has determined that membership in the FUND is in the best interest of the LOCAL UNIT.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows:
i. Become a member of the FUND for the period outlined in the LOCAL UNIT's Indemnity and Trust Agreements.
ii. Will participate in the following type (s) of coverage (s):
a.) Health Insurance as defined pursuant to N.J.S.A. 17B:17-4, the FUND's Bylaws, and Plan of Risk Management.
iii. Adopts and approves the FUND's Bylaws.
iv. Execute an application for membership and any accompanying certifications.
BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND's Bylaws, and to deliver these documents to the FUND'S Executive Director with the express reservation that these documents shall become effective only upon:
i. Approval of the LOCAL UNIT by the FUND.
ii. Receipt from the LOCAL UNIT of a Resolution accepting assessment.
iii. Approval by the New Jersey Department of Insurance and Department of Community Affairs.
CENTRAL JERSEY HEALTH INSURANCE FUND ADOPTED:
The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Nolan,
The Administrator explained that the ordinance brought the Borough into compliance with a State Directive that required that certain municipal employees be placed in a defined contribution plan rather than being offered membership in the State Pension Plan.
The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 09-79 for passage on second and final reading. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-80 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Garruzzo, 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 TO RESCIND CHAPTER XIX OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "FLOOD PLAIN MANAGEMENT" AND TO REPLACE IT WITH A NEW CHAPTER TO BE ENTITLED "THE FLOOD DAMAGE PREVENTION ORDINANCE".
The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
The Administrator advised that the Ordinance brought the Borough into compliance with new N.J.D.E.P. Regulations that redefined "Flood Plain" as "Flood Damage Prevention". The Ordinance was based on a model provided by N.J.D.E.P. and complied with new federal flood insurance guidelines.
Coun. Nolan asked if there had been any changes to the Flood Plain Maps?
The Administrator advised that, in the case of Brielle, there had been no changes. The hearing was closed on a motion by Coun. Garruzzo, seconded by Coon. Nolan.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-81 for passage on second and final reading. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Shaak, seconded by Coun. Garruzzo, introduced Resolution 09-82 of passage and adoption in the Coast Star according to law. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor then announced that the time had arrived for the introduction and passage on first reading of "AN ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "RECYCLING" AND TO BRING THE CODE INTO COMPLIANCE WITH THE COUNTY OF MONMOUTH SOLID WASTE MANAGEMENT PLAN DATED FEBRUARY 26TH, 2009".
Coun. Scott was recognized and she advised the public that the revised ordinance made minor changes to the existing Recycling Ordinance. A more detailed explanation wuld be made at the public hearing on August 24th. However, it should be noted that the two main changes were the fact that the collection of ferrous and non-ferrous metals would now be mandatory and those materials would be collected by the DPW.
In addition, recycling electronics, such as computers, computer screens and televisions would also be mandatory and collection would now be made curbside.
Many Brielle residents, Coun. Scott observed, had long been recycling these materials on a volunteer basis. Now their recycling was mandatory.
Coun. Scott was also pleased to announce that, while the revised ordinance, that complied with the amendments to the County Solid Waste management Plan, required that the Recycling Coordinator be certified, Brielle's Coordinator, William Burkhardt, Jr., had been among the first in the State to obtain that credential.
Coun. Scott also noted her "big news" that curbside collection of mixed paper and cardboard would also be required and these materials such be placed in clearly marked containers with a maximum capacity of thirty gallons and weighing no more than thirty pounds.
In closing, Coun. Scott stated that there would be no change to the collection schedule, mixed paper and cardboard would be collected along with newspapers. The Councilwoman was also pleased that Brielle was the first municipality in Monmouth County to introduce the required ordinance. Once again "Brielle led the pack".
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-83, for passage on introduction and first reading. Vote: Coun. Garruzzo, Nolan, Scot, Shaak & Vesceglia; al aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-84, to authorize publication in the Coast Star for a hearing to be held on August 24th, 2009, at 7:30 p.m., at Borough Hall, Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Vesceglia; all aye. No nays. Passed.
Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised that her prior comments constituted the bulk of her report, but she lamented the fact that the Coast Star reporter was not present, as she wished to thank the paper for their coverage of her "war on volcanoes".
Coun. Nolan cited the line-up of Library programs including Mark the Magician on Tuesday, August l lth @ 3:30 pm, inter-net training on August 17th @ 11:00 am, and the annual booksale on September loth, l lth & 12th.
Turning to Recreation, Coun. Nolan reminded the public that the Brielle Dash would be held @ 6:00 pm on September 11th. The Coaster Derby was scheduled for September 26th, and on August 26th, the Recreation Program would screen Iron Man @ 7:30 pm.
In other business, Coun. Nolan noted that the Board was ursuing a grant for improvements to Brielle Park and the Sidewalk Program funded through the NJDOT Transportation Trust Fund, was ahead of schedule.
Coun. Nolan also congratulated Coun. Scott for being the first municipality in Monmouth County to introduce the revised Recycling Ordinance.
Coun. Garruzzo, gave the monthly police Report. There were 21 adult arrests that included 9 DWI, 8 Juvenile arrests, 1 for possession of a controlled dangerous substance, And 7 for burglary ( all cases were forwarded to the County Prosecutor's Juvenile Division), 409 cases were initiated. The Department also responded to 29 First Aid Calls and 19 Alarm Activations.
Coun. Shaak was pleased to report that the "NOon Whistle" had been properly reprogrammed and now went off at 12 o'clock noon.
Coun. Shaak was also pleased to report that Eagle Scout Ed Ernish, honored earlier in the proceedings, was now a member of the Brielle Fire Department. The First Aid Squad also had two new members, one was a trained EMT and the other an experienced driver. Coun. Shaak welcomed all the new volunteers and was pleased to advise the public that volunteerism was alive and well in Brielle.
Coun. Visceglia having no report and, in the absence of public comment, the meeting was adjourned at 8:00 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.
Approved: August 24th, 2009
Thomas F. Nolan Municipal Clerk