www.briellenj.com
A Community by the River

Borough of Brielle, NJ


April 26, 2010

July 02 2010

April 26, 2010

PAGE 38

MINUTES APRIL 26th,2010 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, 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, but he advised Council that he needed an Executive Session to update them on the status of a number of personnel issues. The Administrator also asked to add a resolution to the consent agenda to renew the 911 Agreement with Monmouth County. Permission was granted.

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 39

MINUTES APRIL 26th, 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 in remembrance to “A Fallen Hero” Sgt. Ronald Alan Kubik and a salute to the flag and a roll call, the Minutes of the April 12th, 2010 Meeting were approved on a motion by Coun. Shaak seconded by Coun. Nolan; all aye; no nays. Passed.

Mayor Nicol announced that the time had arrived for a hearing on the 2010 Municipal Budget. The hearing was opened on a motion by Coun. Scott, seconded by Coun. Nolan.

Finance Chairman Visceglia then addressed the assembly (see insertion).

Ms. Mary Lou Bolger, 2 Water's Edge, was recognized and she urged the Council and the Mayor to be more aggressive in the pursuit of inter-local agreements. Ms. Bolger recommended that the Council engage in monthly meetings with their peers to effect such agreements.

Peter Wright, 416 Riverview Lane, asked the Council about the Capital Improvement Program. Coun. Visceglia replied that it was a planning document only and it represented a list of projects that, while ultimately necessary, might not be implemented during the 2010 budget season.

Mayor Nicol advised that the Governing Body was always pursuing those options and Coun. Scott cited the 911 agreement with Monmouth County, the inter-local court agreement with Manasquan, the shared Construction Service Agreements, the shared services for gasoline and diesel fuel, and the Salt Dome has evidence of inter-local cooperation. The consensus of Council was that they would continue to pursue any and all options relative to shared service.

Gary Swanson, 1018 Quail Place asked if, in view of the current economic downturn, if the Borough was using surplus to off- set the tax rate?

The Borough Auditor, Robert Hulsart, Jr., provided a detailed explanation of how unexpended appropriation reserves became surplus and he assured Mr. Swanson that all unexpended revenue would ultimately come to benefit the taxpayer.

Mr. Swanson then asked if the Borough was entertaining layoffs or reducing the workforce through attrition? The Mayor advised that the Department of Public Works & the Police Department were currently both down a man.

Page 40

Mr. Swanson also asked if the budget was available on the Brielle web-site and he received an affirmative answer.

Peter Wright, 416 Riverview Lane, asked about the $190,000 allocated for improvements to Holly Hill Drive and Coun. Visceglia explained that the Borough had received a grant in that amount from the New Jersey Transportation Trust Fund that would offset the balance of the cost.

The hearing was closed on a motion by Coun. Scott, seconded by Coun. Garruzzo.

Coun. Garruzzo, seconded by Coun. Nolan introduced resolution 10-39-A for passage of the Municipal Budget (see insertion).Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, then introduced Resolution 10-39-B (see insertion). Vote: Garruzzo, Gorham. Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Scott, seconded by Coun. Nolan introduced Resolution 10-40 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. (see insertion).
F. To authorize the Mayor & Clerk to execute the Shared Service Agreement with
Monmouth County for 911 services.

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

Coun. Visceglia, seconded by Coun. Shack, introduced Resolution 10-41 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 26th, 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.

Page 41

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of a "BOND ORDINANCE PROVIDING AN APPROPRIATION OF $650,00.00 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $617,500.00 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APPROPRIATION".

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 10-42 for passage on introduction and first reading. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 10-43 to authorize publication of the foregoing Bond Ordinance in the Coast Star according to Local Bond Law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who cited the 40th Anniversary of Earth Day and the fact that air and water quality were improving nationwide. However, humans continued to pollute the environment by run-off from oil and gasoline spills in driveways, the use of fertilizer and pesticides, along with cigarette butts and bottle caps. All of which find their way into the storm drain system. Coun. Scott urged residents to do due diligence to mitigate these pollutants.

Coun. Scott reminded the public that Brielle was a "Tree City USA" and noted that Arbor Day would be held at the Elementary School on Friday, April 30th @ 10:00 a.m.

Coun. Scott reminded the public that Bulk Pick-Up/Clean-Up Week would be May 3rd through May 7th, with a final sweep being made on Friday, May 7th.

In closing, Coun. Scott advised that "Shredder Day" would be held on Saturday, May 8th between the hours of 9:00 am and 1:00 pm, but she reminded the public that plastic binders were verboten. The Councilwoman also offered her compliments to the Union Landing Historical Society for another "Antique Road Show" presentation.

Coun. Nolan noted the Board of Recreation's Biddy Basketball and Biddy Soccer programs along with their Tennis Program, all of which had extensive enrollments; he also cited the Library's Rodeo Round-Up program scheduled for April 27th and the May 10th appearance of Author Wallace Stroby, “Gone ‘Til November”. In closing he advised that the Librarian had resigned and that a new Librarian, Leslie Norton had replaced her. Coun. Nolan also noted the, over the past two years, Library circulation had doubled.

Coun. Shaak advised the public that Monmouth County would be repaving those portions of Riverview Drive, in need of repair, prior to Memorial Day.

Councilmen Garruzzo, Gorham and Visceglia having no reports, the Chair opened the Meeting to the public and recognized Janice Wurfel, 506 Green Avenue, who quoted from a AARP missive that pointed out the value that older citizens bring to a community in that 82% of seniors make a positive contribution to the community and enrich its life. Ms. Wurfel
Page 42 26th April 2010

noted that, when the senior citizen moves out, the family with children moves in and place a burden on the local taxpayer.

Mayor Nicol replied that he had tried to introduce an ordinance to ban master bedrooms, but the Council refused to go along.

Janet Hendricks, 615 Leslie Avenue, reminded Coun. Nolan that the Brielle Public Library would be holding an Open House on

Mary Lou Bolger, 2 Water's Edge, thanked Clean-Ocean Action for their clean-up of the waterways adjacent to Fisk Avenue and she also presented the Council with a number of "flare caps"; she suggested that the Police find an alternative method of employing flares that would be more environmental friendly.

There being no further questions, Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 10-44 to authorize an Executive Session. (see insertion).

Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and Whereas, the Borough Council of the Borough of Brielle is of the opinion that such circumstances currently exist. Now Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on April 26th, 2010, as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

2. The general nature of the subject matter to be discussed is as follows: "Personnel".

3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

The Executive Session began at 8:30p.m. and ended at 9:00p.m. The session was adjourned on a motion by Coun. Nolan, seconded by Coun. Garruzzo.

The Administrator noted that, while a number of personnel issues were discussed, none of the items were actionable at this time.

The meeting was adjourned at 9:02 p.m. on a motion by Coun. Nolan, seconded by Coun. Garruzzo.

_______________________
Approved: May 10th, 2010. Thomas F. Nolan
Municipal Clerk
BUDGET MESSAGE

This evening we are holding a public hearing on the 2010 Municipal Budget. The budget calls for an increase of three cents over the 2009 municipal tax rate.

This increase will enable the Borough to continue to provide the same level of service that residents received in 2009. The Governing Body believes that these municipal services are vital to ensuring the quality of life that Brielle Residents have come to expect.

The obvious question is why do we need a tax increase? Taxpayers should be mindful that there are two components to the budget. The actual municipal budget and the amount to be raised by taxation to support that budget.

The 2010 municipal budget is $7,792,580.29. This represents an increase of $642,407.32 over the total 2009 figure of $7,150,172.97. However the amount to be raised by taxation is $5,707,613.00. This figure is $459,836.43 above the 2009 number of $5,247,776.57. Why?

The Borough lost approximately 24 million dollars in ratables due to tax appeals. That lose equates to roughly $73,000.00 or almost half a penny in the tax rate. While the increased pension costs were deferred in 2009, that increased number became a reality in the 2010 budget. The $244,743.77 increase represents one and a half cents of the total tax increase. Coupled with the loss of ratables you can see that two cents of the increase to the municipal rate was preordained before the Finance Committee even began to formulate the 2010 budget. The reality is that the Committee is really introducing a budget that calls for a one cent increase to maintain the current level of municipal services.

There are those who believe that surplus is a kind of slush fund where the Borough hoards money that rightly belongs to the tax payer. In reality, surplus is an essential component in maintaining a stable tax rate. The three cent increase would be close to four and a half cents without the ability to utilize surplus and would have placed the budget over the 4% CAP on the tax levy. In that case, municipal services would have to be reduced and workforce reductions, in a municipality that already has a minimal labor force that multi-tasks, would have been mandated.

In closing I would simply remind the public that the Borough continues to represent between twenty-four & twenty-five cents of your tax dollar and for that amount you receive all the public services that make Brielle a desirable place to live and to raise a family. The Governing Body is committed to the proposition that Brielle is a special place and its residents are entitled to the continuation of that high level of municipal service.

Resolution No: 10-39-A
Date: April 26th, 2010

Resolution of the Borough of Brielle

Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated and the sums therein set forth as appropriations, and authorization of the amount of $5,707,613.00 for municipal purposes.
_____________________
Thomas F. Nolan
Municipal Clerk























RESOLUTION NO: 10-39-B
DATE: APRIL 26TH, 2010

BOROUGH OF BRIELLE: SELF-EXAMINATION OF BUDGET RESOLUTION

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Brielle has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2010 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Brielle that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate and correctly stated,
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.


Approved: April 26th, 2010.

Vote recorded as follows: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. None abstained. Passed.

Certification


The foregoing is a true copy of a resolution adopted by the Brielle Mayor & Council at a meeting held on April 26th, 2010.

Witness my hand and seal of the Borough of Brielle this 27th day of April, 2010.






_________________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 10-40-B
Date: April 26th, 2010

Resolution of the Borough of Brielle

Whereas: on April 14th, 2010, Brielle PTO, 605 Union Lane, Brielle NJ 08730, submitted Raffle Application No. 2010-2, ID No. 57-5-22886 for on-site gift auction, to be held at the Brielle Elementary School on Saturday, June 12th, 2010 from 10:00am to 3pm.

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 April 26th, 2010.

Witness my hand and Seal of the Borough of Brielle this 27th day of April 2010.

______________________
Thomas F. Nolan
Municipal Clerk





















Resolution No: 10-40-C
Date: April 26th, 2010

Resolution of the Borough of Brielle

Whereas: on April 15th, 2010, Deborah Hospital Foundation, P.O. Box 820, 20 Pine Mill Rd., Browns Mill, NJ 08015, submitted Raffle Application No. 2010-3, ID No. 382-4-32294 for an off-site raffle, to be held at Hoffman’s Marina on Friday, July 23rd, 2010 at 7:30pm.

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 April 26th, 2010.

Witness my hand and Seal of the Borough of Brielle this 27th day of April 2010.


______________________
Thomas F. Nolan
Municipal Clerk




















Resolution No: 10-40-D
Date: April 26th, 2010

Resolution of the Borough of Brielle

Whereas: on April 15th, 2010, the Friendly Sons of Saint Patrick of the Jersey Shore, P.O. Box 254, Spring Lake, NJ 07762 submitted Raffle Application No. 2010-4, ID No. 475-8-37707 for an off-site raffle/golf trip, to be held at the Manasquan River Golf Club on Thursday, August 9th, 2010 from 6pm to 9pm with a rain date of Monday, August 16th, 2010.

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 April 26th, 2010.

Witness my hand and Seal of the Borough of Brielle this 27th day of April 2010.

______________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 10-40-E
Date: April 26th, 2010

Resolution of the Borough of Brielle

Whereas: on April 15th, 2010, the Friendly Sons of Saint Patrick of the Jersey Shore, P.O. Box 254, Spring Lake, NJ 07762 submitted Raffle Application No. 2010-5, ID No. 475-8-37707 for an on-site 50/50 raffle, to be held at the Manasquan River Golf Club on Thursday, August 9th, 2010 from 6pm to 9pm with a rain date of Monday, August 16th, 2010.

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 April 26th, 2010.

Witness my hand and Seal of the Borough of Brielle this 27th day of April 2010.

______________________
Thomas F. Nolan
Municipal Clerk


 

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