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A Community by the River

Borough of Brielle, NJ


August 24, 2009

September 21 2009

August 24, 2009

PAGE 85

MINUTES AUGUST 24th, 2009 WORK SESSION START: 7:30 P.M.

PRESENT: MAYOR NICOL, COUN. GARRUZZO, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUN. GORHAM.

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 asked permission to add a resolution to the consent agenda to designate himself, Mayor Nicol & Payroll Clerk, Karen Brisben as signatories to the payroll accounts.

The Administrator also noted that, Resolution 09-85-A, should indicate that the bid would be made to Mark W. Mechanical Contractors of Manasquan.

Mayor Nicol then recognized former Planning Board Chairman Susan S. Brady and presented her with a plaque that recognized her years of service to the community in a variety of capacities.

Presented To Susan S. Brady
Chairman Emeritus

In recognition of your years of service to the Borough of Brielle

Brielle Planning Board 1985-2009
Brielle Planning Board Vice-Chairman 1987-1990
Brielle Planning Board Chairman 1991-2009
Brielle Dispute Resolution Committee 1993-2009
Brielle Board of Education & Environmental Commission

From a grateful Mayor & Council Thomas B. Nicol, Mayor Frank A. Garruzzo, Council President, Cort W. Gorham, Paul K. Nolan, Ann D. Scott, Timothy A. Shaak & John V. Visceglia

Ms. Brady thanked the Council for the recognition accorded her and added that it had been a pleasure to serve the Borough over the years.

There being no further comments the work session was adjourned at 7:35 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

PAGE 86

MINUTES AUGUST 24th, 2009 START: 7:36 P.M.

PRESENT: MAYOR NICOL, COUN. GARRUZZO, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR.

ABSENT: COUN. GORHAM.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the August 10th, 2009 Meeting were approved on a motion by Coun. Shaak seconded by Coun. Garruzzo; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 09-85 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. To authorize the Mayor & Clerk to execute the 2010 Food Shopping Agreement with Monmouth County.
C. To authorize the Administrator to execute a contract with BRB Valuation & Consulting Services for appraisal services for 2009 Tax Appeals at an estimated cost of $23,000.00.
D. (see insertion).
E. (see insertion).
F. (see insertion).
G. (see insertion).

Motions:

Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 09-86 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 24th, 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 arrived for a hearing and further consideration of "AN ORDINANCE TO RESCIND CHAPTER XIX OF THE CODE 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".

Resolution No: 09-85-A
Date: August 24th, 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 "2009 Road/Drainage Improvement Program", and

Whereas, bids were received by the Borough on August 21st, 2009, and

Whereas, the lowest responsible bidder was Mark Woszczak Mechanical Contractors, 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 Mark Woszczak Mechanical Contractor, Manasquan, N.J., in the amount of $224,467.00 base bid and $25,184.61 Option One, for an aggregate total bid price of $250,281.61 is hereby accepted, and the Municipal Clerk is hereby authorized to initiate the contract.

Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; aye. No nays. None abstained.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on August 24th, 2009.

Witness my hand and seal of the Borough of Brielle this 25th day of August, 2009.



___________________
Thomas F. Nolan
Municipal Clerk











Resolution No: 09-85-D
Date: August 24th, 2009

Resolution of the Borough of Brielle

Whereas: on August 18th, 2009, the Guild of Ocean Medical Center submitted Raffle Application No. 2009-16, ID No. 401-4-6902 for an on-site raffle, to be held at the Manasquan River Golf Club, 847 Riverview Drive, Brielle, NJ 08730 on Friday, October 2nd, 2009 from 6:30pm to 9p.m..

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.

Certification

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 August 24th, 2009.

Witness my hand and Seal of the Borough of Brielle this 25th day of August 2009.



________________________
Thomas F. Nolan
Municipal Clerk






SEAL
Resolution No: 09-85-E
Date: August 24th, 2009

Resolution of the Borough of Brielle

Whereas: on August 18th, 2009, the Guild of Ocean Medical Center submitted Raffle Application No. 2009-17, ID No. 401-4-6902 for an on-site Gift Check Raffle, to be held at the Manasquan River Golf Club, 847 Riverview Drive, Brielle, NJ 08730 on Wednesday, November 18th, 2009 from 11:30 a.m. to 3 p.m.

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.

Certification

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 August 24th, 2009.

Witness my hand and Seal of the Borough of Brielle this 25th day of August 2009.



________________________
Thomas F. Nolan
Municipal Clerk






SEAL












Resolution No: 09-85-F
Date: August 24th, 2009

Resolution of the Borough of Brielle

Whereas: on August 20th, 2009, the Brielle Education Foundation submitted Raffle Application No. 2009-18, ID No. 57-5-37135 for an on-site Gift Raffle, to be held at the Brielle Park, Union Lane, Brielle, NJ 08730 on Saturday, September 12th, 2009 from 9 a.m. to 5 p.m.

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.

Certification

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 August 24th, 2009.

Witness my hand and Seal of the Borough of Brielle this 25th day of August 2009.



________________________
Thomas F. Nolan
Municipal Clerk






SEAL














Resolution No: 09-85-G
OCEAN Date: August 24th, 2009
FIRST B A N K
Municipality Agreement

RESOLUTION
Municipality of BRIELLE
County of MONMOUTH
State of New Jersey

WHEREAS, the Municipality of THE BOROUGH OF BRIELLE has determined at a legal meeting
of the governing body of the Municipality, to designate OceanFirst Bank as an approved depository for the Municipality's funds for the performance of banking transactions;

NOW THERFORE, BE IT RESOLVED, by the governing body of the Municipality, as follows:

1. OPENING THE ACCOUNT: That an account or accounts be opened (or continued and maintained) with OceanFirst Bank, titled:
Borough Of Brielle PAYROLL ACCOUNT under the Taxpayer Identification Number (TIN) 2I-6000383 and there may be deposited to its credit in one or more accounts with the Bank any monies, checks and other instruments which may come into possession of this Municipality. It is agreed that said account or accounts shall be subject to the Bank's rules and regulations as may be in effect from time to time. Any other property may be deposited with-the Bank for safekeeping, custody or other purposes. Items for deposit, collection or discount may be endorsed by any person authorized to sign checks, or the endorsement thereof may be made in writing or by a facsimile signature stamp without designation of the person so endorsing.

2. AUTHORIZED SIGNERS: Any (specify number)1 of the following Council/ Committee Members, officers, employees or agents (use titles, not names):
MAYOR, ADMINISTRATOR-TOWNSHIP CLERK, PAYROLL CLERK of this Municipality is/are authorized, on behalf of this Municipality and in its name, (a) to sign checks, savings withdrawals, drafts, notes, wire transfer requests, acceptances and other instruments and orders for the payment of money or for the withdrawal or delivery of funds or other property at any time held by the Bank and to receive any thereof, and to issue instructions for the conduct of any account of this Municipality with the Bank; (b) to accept drafts, checks, any other instruments or orders, including any payable to the Bank, and to waive demand, protest, and notice of protest or dishonor of any instrument made, drawn, or endorsed by this Municipality; and (c) to endorse, negotiate, and receive, or authorize the payment of or the proceeds of any negotiable or other instruments or orders for the payment of money payable to or belonging to this Municipality; and (d) to open and have access to a safe deposit box or boxes subject to the terms and conditions specified in the applicable lease.

3. TERMS AND CONDITIONS:
A. The Bank may honor all such checks and other instruments for the payment or delivery of money or property when signed as authorized above, regardless of whether such action would create or increase an overdraft and regardless of amount, including any payable to the Bank or to any signer or other officer or employee of the Municipality or to cash or bearer, and may receive the same in payment of or as security for the personal indebtedness of any signer or other officer or employee or other person to the Bank or in any transaction whether or not known to be for the personal benefit of any such person, without inquiry as to the circumstances of their issue or the disposition of their proceeds, and without liability to the Bank, and without any obligation upon the Bank to inquire whether the same be drawn or required for the Municipality's business or benefit.

B. The Bank shall be entitled to honor and charge the Municipality for all such checks, drafts or other orders regardless of by whom or by what means the facsimile signature or signature on the checks, drafts or other orders may have been affixed, if such facsimile signature or signatures resemble the facsimile specimen duly filed with the Bank by any of the named Council/Committee Members, officers, employees or agents.

4. INSTRUCTIONS TO THE BANK: Those persons authorized by the preceding resolution are also authorized on behalf of this Municipality to give instructions to the Bank as to the account(s) or other dealings between this Municipality and the Bank by any means including (but not limited to) telephone, telegraph, telex, audio response, fax transmission, computer or data link, electronically, orally or in writing and the Bank shall be entitled to follow such instructions without inquiry or confirmation as long as the Bank honestly believes at the time of receipt that such instructions were given by a person authorized by the preceding resolution.

5. WIRE INSTRUCTIONS: All wire transfer instructions must be presented in writing to the Bank by those persons authorized by this resolution. These instructions must be signed by an authorized representative(s) and specify the amount, receiving institution's name, address, ABA number and account name and number where the funds are to be deposited and any other additional information that may be necessary. The Municipality is also asked to comply with the Bank's security procedures which include (but are not limited to) a calf-back procedure. Upon receipt of the signed wire instructions, a call-back at the telephone number on the Bank's records will be performed to verify the accuracy of the wire instructions. OceanFirst reserves the right to refuse a wire transaction if the above requirements are not met. The Municipality further acknowledges and agrees that the above security procedures are a commercially reasonable method for providing security against unauthorized payment orders.

6. ADDITIONAL AGREEMENTS: Those persons authorized by the foregoing are also authorized on behalf of this Municipality to enter into and execute all agreements and other documents requested by the Bank in connection with any dealings including (a) agreements for cash management services; (b) funds transfer agreements, including but not limited to wire transfers, which may incorporate the selection of security procedures and the delegation of authority to other individuals who may then initiate and/or confirm funds transfers; (c) agreements of indemnity in favor of the Bank; and (d) Night Depository Agreement(s).

7. LIABILITY: The Municipal Clerk or other Municipal Officer is authorized to certify to the Bank the persons now holding these offices and any changes hereafter in the persons holding these offices together with specimens of the signatures of such present and future officers, and this Municipality shall fully protect, defend, indemnify, and hold the Bank harmless from any claim, loss, cost, damage, or expense arising out of its acting on such certification.

8. CHANGES TO RESOLUTION: The Municipal Clerk is authorized, if the Bank shall so request, to furnish a certified copy of these resolutions to the Bank, which shall be entitled to assume conclusively that the foregoing resolutions remain in full force and effect until the Bank has received express written notice of their rescission or modification, accompanied by a copy of the resolution effecting such rescission or modification duly certified by the Municipal Clerk of this Municipality.

9. AUTHORIZED SIGNORS: I FURTHER CERTIFY that the names of the persons who respectively hold the offices or positions mentioned in the foregoing resolutions and their actual signatures are as follows:

NAME TITLE SIGNATURE
Thomas Nicol Mayor
Thomas Nolan Administrator TOWNSHIP
CLERK
Karen S. Brisben Payroll Clerk

10. TAXPAYER IDENTIFICATION NUMBER (TIN) CERTIFICATION:

Under penalties of perjury, I certify that:

1. The number shown on this form is the Municipality's correct taxpayer identification number and

2. The Municipality is not subject to backup withholding because: (A) it is exempt from backup withholding, or (B) it has not been notified by the Internal Revenue service that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (C) the IRS has notified the Municipality that it is no longer subject to backup withholding.

You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return.

I hereby certify the foregoing to be a true copy of a Resolution adopted by the Municipality of BOROUGH OF BRIELLE at a meeting held on 8/24/09.


_____________________
Municipal Clerk
(Seal)

Page 87

Prior to opening the hearing, the Chair recognized Coun. Scott who reviewed the salient points of the ordinance.

Coun. Scott advised the public that the ordinance amendments would not have a significant effect on the Borough. The recycling of bulk ferrous and non-ferrous metals would now be mandatory. Electronics, digital televisions and computers, no consoles, were now required to be recycled. While there would not be curbside collection, these items would be picked-up by the DPW upon request, the same held for white goods such as refrigerators and washing machines. Bins for the collection of the newly mandated items would be located at the Recycling Center. Coun. Scott noted that the aforementioned items were already being recycled by most residents, the ordinance simply made their recycling mandatory.

Turning to paper products, Coun. Scott informed the public that chip board, i.e. cereal boxes, would now be included as mixed paper. Coun. Scott also noted that the new ordinance called for a Certified Recycling Professional. She was pleased to report that Superintendent Burkhardt had received his certification ten years ago and was one of the first to complete the course at Rutgers.

Coun. Scott told the public that the current recycling collection schedule would remain in effect and she added that the Brielle Planning Board would have to amend the Recycling Element of the Master Plan to incorporate the ordinance amendments.

Coun. Scott thanked Superintendent Burkhardt and the members of her Council Committee for their assistance in this project. Coun. Scott did note that enforcement would be rigorous and that the Monmouth County Health Department was also an enforcement agent.

The Councilwoman spoke anecdotally and cited a recent trip aboard a party boat where she questioned a deck hand about the presence of recyclables in the trash. He admitted that the boat did not recycle. Mr. Burkhardt interjected that such practices were no longer acceptable and added that the fines levied by the MCHD were far in excess of municipal fines. Violators should be forewarned that enforcement was a major component of the revised ordinance.

In closing, Coun. Scott pointed out that mixed paper would now be collected curbside, along with newspaper, but it had to be placed in a rigid container with no more than a thirty gallon capacity and a thirty pound weight limit. Additional information would be disseminated to the public via the web and perhaps a mailing. The amendments would take effect on January 1st, 2010.

The public hearing was opened on a motion by Coun. Scott, seconded by Coun. Garruzzo. There being no public comment, the hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-86, for passage on second and final reading. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Page 88

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-87, 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 called for Committee Reports and recognized Coun. Scott who had no further report.

Coun. Nolan cited the Library Book Sale on September 11th & 12th, a SAT presentation by the Huntingdon Learning Center on September 19th and the upcoming meeting of the Friends of the Library.

Turning to Recreation, Coun. Nolan reminded the public that the Brielle Dash would be held on September 11th. Entries could register at Borough Hall, but there would be no registration on the day of the event. The Coaster Derby was set for September 26th and on September 18th, at 7:00 p.m, the Board of Recreation and the Library would jointly sponsor a screening of Iron Man in Brielle Park.

Coun. Nolan added that the Recreation Board was in the process of submitting a grant application to upgrade the facilities at Brielle Park through the Monmouth County Open Space Grant Program. Among the proposed projects was the relocation of the softball field to maximize the use of the available space for recreational activity.

Coun. Garruzzo cited the arrival of Charles Salkeld and he read the following Proclamation.

Whereas, the Borough of Brielle has been formed in accordance with the applicable Statutes, and

Whereas, it is fitting and proper that a Municipal Corporation recognize the achievements of its residents, and

Whereas, on August 9th, 2009, after observing a burglary in progress that involved both his vehicle and his residence, Mr. Charles Salkeld, selflessly and at his own peril, in the public interest, followed the perpetrator while simultaneously notifying the Brielle Police Department, and

Whereas, because of his actions the perpetrator was apprehended and arrested, and

Whereas, further investigation revealed that the perpetrator had committed numerous burglaries and thefts in at least six other jurisdictions, and

Whereas, Mr. Salkeld contribution to ensuring that this criminal was brought to justify is worthy of commemoration.

Now Therefore Be It Proclaimed, that Monday, August 24th, 2009 be observed as Charles Salkeld Day in the Borough of Brielle, and
Page 89 24th August 2009
Be It Further Proclaimed, that all residents be encouraged to recognize Mr. Salkeld on this date and to seek to emulate his civic spirit in helping to make Brielle a safer community.

Coun. Garruzzo also cited Patrolman Robert Clayton for his effort in making the arrest.

Neither Coun. Shaak or Visceglia had reports and the meeting was opened to the public.

John Sheehan, 719 Schoolhouse Road cited a concern over the painting of lines on the roadway in preparation for the Soap Box Derby; he added that he had attempted to resolve the issue with Race Coordinator Stephen Speicher, but he had not received a positive response.

Coun. Nolan offered that he was aware of the situation and that removable tape would be used for the striping in lieu of paint.

Janice Hendricks, 615 Leslie Avenue, raised the issue of bicycle safety on Green Avenue and Riverview Drive. Ms. Hendricks cited a number of recent adverse personal experiences and cited a recent fatality in Point Beach.

Coun. Garruzzo, as Police Commissioner, promised to discuss the matter with Chief Palmer. Coun. Visceglia interjected that he appreciated Ms. Hendrick's concerns, but the issue of enforcement remained a question.

William Brannick, 805 Schoolhouse Road, questioned the need for the contract with BRB Valuation Services and asked if the cost, that the Administrator placed at $25,000, was worth it?

Attorney Montenegro replied that it was a cost effective measure, as failure to defend the tax appeals, would adversely impact tax assessments across the board, and a reduced assessment would not only impact this year, but in future years. The Attorney added that the Tax Court could be asked to place a "freeze" on the final assessment so that it could not be challenged for three years, unless a revaluation occurred.

There being no further comments the meeting was adjourned at 8:05 pm, on a motion by Coun. Garruzzo, seconded by Coun. Nolan.


Approved: September 14th, 2009
Thomas F. Nolan Municipal Clerk

 

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