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A Community by the River

Borough of Brielle, NJ


March 22, 2010

July 02 2010

March 22, 2010

PAGE 28

MINUTES MARCH 22nd, 2010 WORK SESSION START: 7:36 PM

PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, 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.

However, the Administrator did advise the public that, on the side table, census materials were available and, should anyone have questions concerning the 2010 Census, census personnel would be available on March 24th through 26th, between the hours of 10:00 am and 3:00 pm in the Council Chamber.

There being no further comments the work session was adjourned at 7:40 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Gorham.

PAGE 29

MINUTES MARCH 22ND, 2010 START: 7:41 P.M.

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

ABSENT: COUN. NOLAN & SHAAK.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 8th, 2010 Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Scott; all aye; no nays. Passed. (Coun. Gorham abstained.)

Conn. Garruzzo, seconded by Coun. Scott introduced Resolution 10-30 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. (see insertion).
C. To comply with the Attorney General's Request re: extension of the deadline for
fingerprinting applicants to Legalized Games of Chance to April 30th, 2010.
D. (see insertion).
E. (see insertion).

Vote: Coun. Garruzzo, Gorham, Scott & Visceglia; all aye. No nays. Passed. (Note: At the request of Coun. Gorham & William Brannick, 805 Schoolhouse Road, the Administrator explained that Resolution "E" permitted the Borough to utilize deferred tax money to balance the budget.)

Coun. Visceglia, seconded by Coun. Gorham, introduced Resolution 10-31 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 March 22nd, 2010, 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. (Note: Prior to the introduction of the resolution Coun. Scott was appointed to the Finance Committee for purposes of this meeting.)
Prior to the introduction of the budget Finance Chairman Visceglia made the following comments (see insertion).

Coun. Garruzzo, seconded Gorham, introduced Resolution 10-33 (see insertion). Vote: Coun. Garruzzo, Gorham, Scott & Visceglia; all aye. No nays. Passed.

Page 30

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of "CALENDAR YEAR 2010-AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14).

Coun. Garruzzo, seconded by Coun. Gorham, introduced Resolution 10-34 for passage on introduction and first reading. Vote: Coun. Garruzzo, Gorham, Scott & Visceglia; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Gorham, introduced Resolution 10-35 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held at 7:30 pm, on April 12th, 2010, at Borough Hall. Vote: Coun. Garruzzo, Gorham, Scott, & Visceglia; all aye. No nays. Passed.


Mayor Nicol then called for committee reports and recognized Coun. Scott who advised the public that leaf collection would resume on April 1st and Clean-Up Week would be held the first week in May.

The Councilwoman noted that as she was signing bills she was shocked at the amount of money expended on brush collection. She attributed this to the storm damage experienced earlier in the year and the resident's enthusiasm for pruning as the weather warmed, but the cost was "staggering".

Coun. Scott also cited the enabling resolution on the consent agenda that authorized Superintendent Burkhardt to submit the annual Tonnage Grant. Recycling Trade Journals indicated that the price for paper was increasing and this could be a threefold benefit to the Borough as paper constituted half of the tonnage brought to the county landfill. Paper recycling reduced the tonnage disposal cost, increased the amount of the tonnage grant, and if the trend projected by the Recycling Journal continued, the Borough would receive revenue from the recycled paper.

Coun. Scott also advised the public that some residents were not utilizing the blue containers the Borough had provided to facilitate the recycling of paper and cited a man she met at the recycling center who brought his paper in a plastic bag. The Borough did not want those plastic bags and she further advised she looked forward to hearing comments from the public on the use of the containers. Coun. Scott's e-mail address was annrecycling@gmail.com.

In closing, Coun. Scott reiterated the importance of responding to the census, not only as it determined congressional representation and New Jersey's share of federal dollars, but to return the form by mail cost forty-two cents. When a numerator had to visit a home the cost was fifty-seven dollars, a considerable difference.

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Neither Coun. Garruzzo or Gorham had reports. Coun. Visceglia noted that the Finance Committee had held several meetings on the budget and that process was continuing. The Department heads had been diligent in achieving a savings in the 2009 budget and it was anticipated that they would repeat that performance in 2010.

The meeting was opened to the public and Emily Bilotti, 211 Brielle Avenue, complained that the Borough had failed to give proper public notice relative to recent changes in FEMA's Flood Insurance Maps.

The Administrator replied that the enabling ordinance had been introduced in July 2009, published in the Coast Star, and given a public hearing on August 10th, 2009, as required by law.

Ms. Bilotti stated the law required two public notices and the Borough's negligence cost her increased insurance fees. Ms. Bilotti produced a document from FEMA that referenced the notice requirement.
Borough Attorney Montenegro asked for a copy of the document and he stated that the Council would review the matter.

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


Approved: April 12th, 2010. ___________________
Thomas F. Nolan Municipal Clerk

Resolution No: 10-30-A
Date: March 22nd, 2010

TAX REIMBURSEMENT CERTIFICATION
WHEREAS, The Recycling Enhancement Act, P1.2007, Chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, There is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.

WHEREAS, Whenever a municipality operates municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the "Local Public Contracts Law", the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant moneys received by the municipality shall be expended only for its recycling program.

NOW THEREFOR BE IT RESOLVED by the Borough of Brielle hereby certifies a submission of expenditure for taxes paid pursuant to P.L.2007, Chapter 311, in 2009 in the amount of $5,102.79. Documentation supporting this submission is available at 601 Union Lane, Brielle, N.J. 08730 and shall be maintained for no less than five years from this date.
Tax reimbursement certified by: Name of official:
Thomas F. Nolan

Resolution No: 10-30-B Date: March 22nd, 2010

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987 c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection and Energy has promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, A resolution authorizing the Borough of Brielle to apply for such tonnage grants for calendar year 2009 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Borough of Brielle to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Brielle hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and Energy and designates William A. Burkhardt, Jr. to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to-be used solely for the purposes of recycling.

Vote:

CERTIFICATION

The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on March 22nd, 2010.

Witness my hand and seal of the Borough of Brielle this 22nd day of March 2010.
SEAL

BOROUGH OF BRIELLE RESOLUTION

INTERLOCAL SERVICE AGREEMENT BETWEEN THE TOWNSHIP OF WALL AND THE BOROUGH OF BRIELLE FOR THE SERVICES OF THE TOWNSHIP'S CRISIS INTERVENTION TEAM (CIT) TO THE BOROUGH OF BRIELLE FOR VICTIMS OF DOMESTIC VIOLENCE.
WHEREAS, the Township of Wall and the Borough of Brielle are municipal corporations in the County of Monmouth, State of New Jersey, and have been formed in compliance with the applicable statutes; and

WHEREAS, the Township of Wall and Borough of Brielle desire to enter into an agreement under the provisions of N.J.S.A. 40:8A-1, et seq., known as the "Interlocal Service Act" in order to allow the Borough of Brielle to utilize the services of the Wall Township Crisis Intervention Team (CIT) to offer support, comfort and resource information to victims of domestic violence.

NOW, THEREFORE, BE IT AGREED that:
1. The Borough of Brielle will be able to utilize the services of the Wall Township Crisis Intervention Team (CIT) for a one (1) year period commencing on May 1, 2010, and terminating on April 30, 2011.
2. The Borough of Brielle will pay to the Township of Wall the sum of $1,500.00 per year for the services of the Township's Crisis Intervention Team. Said sum will be applied to the cost of the Township's liability insurance policy which it shall maintain for the duration of this Agreement.
If a dispute should arise from this Agreement or a refusal to perform the contract, or should there be an issue-of interpretation of the terms of the Agreement, or the issue of satisfactory performance of the contract, then the parties hereto do agree to submit the same to dispute resolution pursuant to the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A.

RESOLUTION NO. 10-30-E
DATE: MARCH 22nd, 2010

BOROUGH OF BRIELLE
COUNTY OF MONMOUTH

WHEREAS, the State of New Jersey, Division of Local Government Services, requires an annual resolution by Municipalities that raise school taxes on a school year basis, and wish to defer a portion of that levy at the beginning and end of a calendar year, and
WHEREAS, a Municipality that raises school taxes on a school year basis may defer up to the lesser of (1) 50% of the school levy, or (2) the unpaid balance of the school tax on December 31st less any unpaid requisitions on that date; and

WHEREAS, based upon the above procedure, the allowable amount of school tax that may be deferred on December 31st, 2009 is $5,566,368.50 which is an increase from the $5,549,145.49 allowed to be deferred on December 31st, 2008.

NOW, THEREFORE, BE IT RESOLVED that as of December 31st, 2009, the governing body desires to increase the deferred school tax by $300,000 to $1,919,226.42.

AND, BE IT FURTHER RESOLVED that a certified copy of this Resolution is to be forwarded to the Director of the Division of Local Government Services, the Auditor, and the Borough's Chief Financial Officer.




______________________
Thomas F. Nolan
Municipal Clerk


Dated: March 24, 2010

BUDGET MESSAGE


THIS EVENING WE ARE INTRODUCTING A MUNICIPAL BUDGET THAT CALLS FOR A 3 CENT INCREASE IN THE MUNICIPAL TAX RATE.

THE DOCUMENT REFLECTS THE FACT THAT THE BOROUGH'S REVENUES HAVE DECLINED IN 2009 AS HAVE THE ASSESSED VALUE OF OUR RATABLES DUE TO TAX APPEALS. THERE HAS ALSO BEEN A SUBSTANTIAL INCREASE IN THE BOROUGH'S PENSION CONTRIBUTIONS DUE TO THE 2009 PENSION DEFFERAL. THE BOROUGH ALSO LOST $55,000 IN STATE AID.

GENERAL APPROPRIATIONS CONTINUE TO FALL WITHIN THE 4% CAP AND THE TOTAL BUDGET IS WITHIN THE MANDATED 4% CAP ON THE TAX LEVY.

THE GOVERNING BODY HAD TO MAKE A BUSINESS DECISION. THERE ARE COSTS ASSOCIATED WITH GOVERNANCE, AND IN MAINTAINING THE CURRENT LEVEL OF SERVICE WE PROVIDE TO THE PUBLIC.

THE CONSENSUS OPINION OF THE FINANCE COMMITTEE, THE MAYOR & COUNCIL, IS THAT IT IS INCUMBENT UPON US TO MAINTAIN THE LEVEL OF SERVICE AT A REASONABLE COST.

WE BELIEVE THAT THE INCREASE IN THE MUNICIPAL RATE IS REASONABLE.

BRIELLE IS NOT A TOWNSHIP. BRIELE IS NOT A CITY. WE DO NOT HAVE A LARGE WORKFORCE. ANY REDUCTIONS TO THE EXISITING PERSONNEL WOULD ADVERSELY IMPACT ON THE CONTINUED DELIVERY OF THE SERVICES THAT PROVIDE THE QUALITY OF LIFE THAT BRIELLE RESIDENTS BOTH EXPECT AND DEMAND. WE BELIEVE THAT THE BUDGET, AS INTRODUCED ADDRESSES THAT MANDATE FOR SERVICE IN A COST EFFECTIVE MANNER. WE TRUST THAT YOU, THE PUBLIC, WILL AGREE.

RESOLUTION NO: 10-32
DATE: MARCH 22nd,, 2010

RESOLUTION OF THE BOROUGH OF BRIELLE

Municipal Budget of the Borough of Brielle, County of Monmouth for the Fiscal Year 2010.

Be It Resolved, that the following statements of revenue and appropriations, in the amount of $5,707613.00 shall constitute the Municipal Budget for the Fiscal year 2010;

Be It Further Resolved, that said budget shall be published in the Coast Star in the issue of April 1st, 2010, and be given a hearing on April 26th, 2010 at 7:30 p.m. at Borough Hall.

The Governing Body of the Borough of Brielle, does hereby approve the following budget for introduction as the Municipal Budget for the Fiscal Year 2010:

Vote: Coun. Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Absent: None Resolution passed.




________________________
Thomas F. Nolan
Municipal Clerk


 

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