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A Community by the River

Borough of Brielle, NJ


April 12, 2010

July 02 2010

April 12, 2010

PAGE 32

MINUTES APRIL 12th, 2010 WORK SESSION START: 7:30 PM

PRESENT: COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY GENZ & ADMINISTRATOR NOLAN.

ABSENT: NONE.

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 7:31 p.m. on a motion by Coun. Nolan, seconded by Coun. Garruzzo.

PAGE 33

MINUTES APRIL 12th, 2010 START: 7:32 P.M.

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

ABSENT: NONE.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 22nd, 2010 Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Shaak; all aye; no nays. Passed.

Coun. Scott, seconded by Coun. Nolan introduced Resolution 10-35 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. (see insertion).
C. To authorize the Administrator to permit payment schedules for delinquent water/sewer bills under $500.00 without the requirement for a separate resolution.
D. (see insertion).
E. To authorize the redemption of Tax Title Lien Certificate #2008-4 (Block 62.01/Lot 13.02). Redemption Funds $17,278.90. Premium $5,000.00. Aggregate Amount $22, 278.90.
F. To authorize George Harms to widen the end of Ashley Avenue, at his cost, and to hold the Borough of Brielle Harmless as per his letter of April 9th, 2010 and the final review of the Hold Harmless Agreement by the Borough Attorney.

Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: Coun. Shaak & Visceglia abstained on "B".

Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 10-32 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 April 12th, 2010, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. 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 "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).

The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Gorham.

Page 34
The Administrator explained that the Ordinance was simply a financial tool that enabled the Borough to increase the CAP on appropriations to 3.5%. Given the increased cost in commodities and collective bargaining agreements it was a necessary step to ensure a balanced budget.

There being no public comment the hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 10-37 for passage on second and final reading. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 10-38 to authorize publication of passage and adoption of the foregoing Ordinance in the Coast Star according to law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Council-President then read the following Proclamation (see insertion).

Mayor Nicol then called for committee reports and recognized Coun. Scott who advised the public that, because the paper recycling buckets were purchased at a discount due to the efforts of Recycling Coordinator Burkhardt, and due to the generous sponsorship of Birdsall Engineering, Attorney Montenegro, the Brielle Chamber of Commerce and the Union Landing Restaurant, among others, the Borough would be able to host a "Shredding Day" on May 8th in the Municipal Parking Lot. Residents were reminded to remove all plastic binders as only paper could be shredded.

Coun. Scot noted that hydrant flushing was currently in progress and that she and Mr. Burkhardt had attended the New Jersey Recycler's meeting and learned that fruit juice containers were now recyclable. The seminar had also emphasized that enforcement and education were key to any effective recycling program.

Coun. Scott had also had the opportunity to interface with the new NJDEP Commissioner, Robert Martin, and he vowed that the new administration wanted to advance the economy, but not at the cost of the environment; he rejected the concept that citizens had to choose between the two and he also, after being questioned on the annual Tonnage Grant allocations the Commissioner committed to striving to avoid a raid on those funds as they provided an incentive to recycle.

The Councilwoman then appraised those present of the Prevention First Program that addressed the problem of under aged drinking. The program provided a special 911 lifeline for children in danger and provided immunity for those in distress.

Page 35

Coun. Scott also noted that parents should be aware of the potential trouble they could incur by permitting under aged drinking in their homes and she urged them to read the pamphlet "Host Lose Most"

In closing, Coun. Scott cited the on-going positive work of the Community Alliance.

Coun. Nolan noted the success of the Board of Recreation's annual Easter Egg Hunt and the fact that forty to fifty children had signed up for "T" Ball and another one hundred and sixty for soccer. Coun. Nolan also noted that the deadline for Recreation Scholarship Applications was April 15th and the winner of the annual "Build Your Own Snowman" contest should be announced at the April 26th Council Meeting.

Coun. Nolan also cited the passing of Helen Marie Berringer, a lifetime Brielle resident and one of the founders of the Board of Recreation.

Turning to the Library, Coun. Nolan advised that a discussion of solar energy would take place on April 19th and the "Rodeo Round-Up" would be held on April 27th. Also, Simko's would contribute 20% of the proceeds from any dinners purchased at the restaurant on April 13th & 14th to the Brielle Library.

Coun. Garruzzo noted that, due to the adverse weather conditions during the first quarter of the year, the Brielle Fire Company answered a record number of calls (seventy-six) by March 31st. The other public safety services were also highly active during this period.

Coun. Shaak added to Coun. Garruzzo's report by citing one hundred and forty first aid calls during the same period. He also noted that the State had eliminated the EMS Training Fund in 2009 under Governor Corzine and, since funds were no longer available, but training remains a requirement, the local First Aid Squads must bear that cost that equates to $120.00 per C.E.U. State Senator Sean Kean and Assembly Members Rible & Angelini were endeavoring to introduce legislation to restore the cuts.

Councilmen Gorham and Visceglia having no reports, the Chair opened the meeting to the public and recognized William Brannick, 805 School House Road who questioned the Council on the recent sale of Borough property on Harris Avenue. He believed that the land was sold for a price below the assessed value. He also asked who authorized the sale?

The Administrator explained that the governing statute required the lot to be offered to the adjacent property owners prior to an auction. In this case one of the three property owners offered to purchase the property at the price set after a discussion with the Tax Assessor. The Administrator advised that the decision to sell, the authorization to approach the adjoin property owners, and the ultimate decision to accept the offer were made in executive session.

Page 36

Coun. Visceglia added that the lot was undersized and it was in the public interest to offer it to the adjacent property owners rather than to create a non-conforming lot.

Janet Hendricks, 615 Leslie Avenue, asked if Mr. Tonkavich, the owner of one of the adjacent properties had been advised of the sale and she received an affirmative reply.

Mr. Brannick then cited the anticipated increase in the local, county and school tax rate and observed that it approached 13.6 cents; he asked how the Council intended to address this issue?

Finance Chairman Visceglia stated that the budget process was on-going and the Finance Committee was continuing its deliberations relative to cost-cutting measures. However, in response to Mr. Brannick’s question as to whether or not the Council was prepared to cut the school budget in the event that the budget failed to pass, Mayor Nicol advised that the Governing Body was not pre-disposed to take a position on that issue prior to the April 20th Election.

Carol Stark, 1013 Riverview Drive, asked if the school budget failed the Council could consider Question #2 as it appeared on the ballot?

The Council was uncertain, but Mr. Brannick offered that he attended the last School Meeting and there it was stated that the Council could not consider Question #2 if the budget failed to pass. Coun. Nolan offered that that was his understanding.

Rod Zarelli, 301 South Street, inquired as to the $250,000 the Borough had committed as matching funds for improvements to Brielle Park and asked if this expenditure would impact on the tax rate?

The Administrator responded that it would not as the funds were included in the annual capital improvement program and the $400,000 per annum program was already built into the annual budget. He added that debt service was separate and distinct from the budget appropriations and the 4% Cap on both appropriations and the tax levy.

Mr. Zarelli also questioned the need for the continuation of back-yard trash collection. He was advised that the current contract had another two years to go, but that curb-side collection could be incorporated into the next bid specification as an alternate and, as in the case of Manasquan, the carter could offer enhanced service to any resident willing to pay for same.

Keith McEligot, 615 Brielle Avenue, complimented Coun. Scott on the paper recycling program, and he added that it had reduced his waste stream. Mr. McEligot suggested that the program receive a greater promotional effort. Coun. Scott advised that she was working on that.

Page 37 12th April 2010

William Brannick asked the Administrator what the deferred pension cost the Borough in terms of interest?

He replied 8.5% and noted that the State required the Borough to defer all of its 2009 pension liability or none. In order to get under the 4% CAP on the tax levy, the Borough opted for deferral. However, if the Borough could have deferred only a portion of the pension it would have been advantageous and reduced the debt load.

Mr. Brannick asked what happened to the excess amount of the deferral? The Administrator replied that it went into surplus.

There being no further questions, the meeting was adjourned at 8:30 pm on a motion by Coun. Garruzzo, seconded by Coun. Nolan.




___________________________
Thomas F. Nolan
Municipal Clerk


Adopted: 26th April 2010


RESOLUTION NO: 10-35-A
DATE: APRIL 12th, 2010

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, LARMA CORPORATION, INC., WITH PREMISES LOCATED AT 622 GREEN AVENUE, HAS MADE APPLICATION FOR THE RENEWAL OF SEASONAL LIQUOR LICENSE #1308-34-003-005, FOR THE LICENSE PERIOD MAY 1ST, 2010 THROUGH NOVEMBER 30TH, 2010 INCLUSIVE, AND

WHEREAS, THE APPLICATION BEING COMPLETE, $1, 650.00 FEE PAID TO THE BOROUGH OF BRIELLE, $200.00 FEE DUE TO THE STATE OF NEW JERSEY DIVISION OF ALCOHOLIC BEVERAGE CONTROL BEING ENCLOSED AND ALL MUNICIPAL AUTHORIZATIONS BEING IN PLACE, AND

WHEREAS, THERE HAVE BEEN NO OBJECTIONS LODGED TO THE RENEWAL 0F THIS LICENSE.

NOW THEREFORE BE IT RESOLVED, THAT THE MUNICIPAL CLERK IS HEREBY AUTHORIZED TO ISSUE SAID LICENSE, AND

BE IT FURTHER RESOLVED, THAT DELIVERIES MAY COMMENCE ON APRIL 15TH, 2010, WITH THE UNDERSTANDING THAT NO SALES CAN BE MADE PRIOR TO MAY 1ST, 2010.


CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION, ADOPTED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON APRIL 12th, 2010.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 13TH DAY OF APRIL 2010.

RESOLUTION NO: 10-35-B
DATE: APRIL 12th, 2010

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-31-013-001, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $50.00 FEE DUE THE BOROUGH OF BRIELLE HAS BEEN WAIVED, THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL RECEIVED, AND ALL MUNICIPAL REQUIREMENTS HAVE BEEN MET, AND

WHEREAS, NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE HAVE BEEN RECEIVED.

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF BRIELLE FIRE COMPANY, INC. T/A BRIELLE FIRE COMPANY FOR PREMISES LOCATED AT 509 LONGSTREET & CARDEZA AVENUES, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE THE LICENSE FOR THE LICENSE YEAR JULY 1ST, 2010 THROUGH JUNE 30TH, 2011.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON APRIL 12TH, 2010.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 13TH DAY OF APRIL 2010.

Resolution No: 10-35-D
Date: April 12th, 2010

Borough of Brielle Resolution

Whereas, application has been made for the renewal of Liquor License #1308-33-001-008, and

Whereas, the application is complete and the $1,866.00 fee due to the Borough and the $200.00 fee due to the State of New Jersey Division of Alcoholic Beverage Control received, and all municipal requirements have been met, and

Whereas, no objections to the renewal of this license have been received.

Now, Therefore Be It Resolved, that the application of JP'S River House, Inc. for premises located at 1 Ocean Avenue, Brielle, New Jersey, is hereby approved and the Clerk is authorized to renew the license from July 1st, 2010 through June 30th, 2011, subject to the following conditions:

1. Alcoholic Beverage may be sold, served, delivered or consumed on the open exterior deck of the premises from 12:00 p.m. to 11:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00 a.m., on Friday.

2. Live entertainment may be permitted on Saturdays and Sundays from 1:30 P.M. to 12:00 a.m. (Midnight). Live entertainment shall be limited to a piano player, a guitar player or a band (not to exceed a duo). A Disc - Jockey shall not be permitted.

3. Controlled Background Music may be permitted in the above mentioned deck area during the hours of 12:00 p.m. to 10:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00 a.m. on Fridays and Saturdays, providing that said music is in compliance with the provisions of Chapter 3, Sections 3-1.1 through 3.1-11 of the Code of the Borough of Brielle entitled "Noise Control" and is compliance with all other Ordinances of the Borough.

4. A singer shall be permitted to entertain on the deck on Friday and Saturday evenings from 9:00 p.m. until 12:00 a.m. (Midnight) and on Sunday from 3:00 p.m. until 10:00 p.m. provided that such activity is in compliance with the provisions of Borough Ordinances.

5. No doors or windows can remain open while any live entertainment or background music is utilized on the deck.

6. On the Sunday prior to Memorial Day & on the Sunday prior to Labor Day, the deck may remain open until 1:00 a.m. The deck may also remain open until 1:00 a.m. on July 3rd. These exceptions are granted subject to the provisions of this resolution.

CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on April 12th, 2010.

Witness my hand and seal of the Borough of Brielle this 13th day of April, 2010.



___________________________
Thomas Nolan
Municipal Clerk

 

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