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A Community by the River

Borough of Brielle, NJ


May 24, 2010

July 02 2010

May 24, 2010

PAGE 56

MINUTES MAY 24TH, 2010 WORK SESSION START: 7:33 PM

PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & 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 the Finance Committee needed an Executive Session to update them on the status of their negotiations with the Board of Education.

The Administrator also asked permission to add a resolution to the consent agenda to release a tax lien and to add a proclamation re: Brielle Fire Company No. 1.

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

PAGE 57

MINUTES MAY 24th, 2010 START: 7:32 P.M.

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

ABSENT: NONE.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the May 10th, 2010 Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Nolan; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 10-54 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. To authorize the Administrator to issue the 2010 Pool Licenses.
C. (see insertion).
D. To authorize the release of Tax Title Liens #2005002 in the amount of $13,236.69,
#20040004 in the amount of $52,867.68, and #2006003, in the amount of $7,646.00.
E. (see insertion).

Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: In response to an inquiry by William Brannick, 805 Schoolhouse Road, the Administrator advised that pool licenses applied only to public (i.e. Condominium Pools) and not to private residential pools.

Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 10-46 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 May 24th, 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 called for Committee Reports and recognized Coun. Scott who pointed out that the cost of brush removal remained high, an estimated $5,000.00 each Council meeting, but, on a positive note, Coun. Scott reminded the public of the four criteria for qualification as a "Tree City USA". She noted that Brielle had a Shade Tree Commission, a Shade Tree Ordinance, a Community Forestry Program (i.e. trees are planted and maintained by the Borough on their right-of-way, and finally there is an annual Arbor Day Event, in 2010 a Elm tree was planted and it was expected to grow to an exceptional height as modern methods had eliminated the disease that heretofore had hindered development of elms.

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Coun. Scott was proud of Brielle's tradition of supporting the efforts of the Shade Tree Commission.

Coun. Scott also reminded the public that the Union Landing Historical Society would conduct the annual "Decoration Day" celebration at the Osborn Cemetery on Holly Hill Drive, on Sunday, May 30th @ 2:00 pm. The public was urged to attend.

Coun. Nolan cited the Library's program on "Celebrate Calm", June 8th through July 9th, and the "Chess Camp" July 6th through the 9th; he also noted that the spring soccer and biddy baseball seasons were drawing to a close and he complemented the Fire Company on their Centennial.

Coun. Garruzzo cited a letter he had received that praised Patrolman Gerlach & Norcia, along with their Sergeant Gary Olsen, and Chief Palmer for their adept handling of a recent situation; the author stated that their collective conduct was a positive reflection on the Brielle Police Department.

Coun. Shaak & Gorham having no reports, Coun. Visceglia advised the public that the Finance Committee had met with representatives of the Board of Education and the County Superintendent of Schools, Carole Knopp Morris, regarding the cuts to the Board of Education. While no resolution had resulted, the Committee was open to keeping the process going.

Mayor Nicol then read the following Proclamation:

Whereas, the Borough of Brielle has been formed in compliance with the applicable statutes, and

Whereas, it is fitting and proper for a municipal corporation to recognize the achievements of those who serve the community, and

Whereas, Brielle Fire Company No. 1 was founded on June 13th, 1910 as the Brielle Chemical Company No. 1, and in October of that year the first fire engine, a hand-drawn vehicle with chemical tanks, was purchased and housed in the new Fire House located at Longstreet & Cardeza Avenue, and

Whereas, since 1910 Brielle Fire Company No. 1 has selflessly served the community as a 100% Volunteer Organization responding to fires and emergency situations day and night regardless of weather or any adverse condition, and

Whereas, such dedication to the public welfare is worthy of commendation.

Now Therefore Be It Proclaimed, that Saturday, June 12th, 2010 be designated as Brielle Fire Company No. 1 Day in the Borough of Brielle, and

Be It Further Proclaimed, that all residents are urged to attend the Centennial Celebration at Brielle Park, on that day, to honor the service of these dedicated volunteers, whose contributions to the well-being of our community are truly worthy of recognition.

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Mayor Nicol then opened the meeting to the public and Richard Bolger, 2 Water’s Edge, was recognized. Mr. Bolger asked the Council about the numbers cited at the Special Meeting regarding the School Budget; he noted that the Council had reduced the budget by $185,000, but the School had proffered a number of $107,000; he asked if the mediation process had sought to reconcile both parties within those parameters?

Coun. Visceglia advised that the figures were at issue during the mediation, but while the Council remained comfortable with the $185,000 number, the Board of Education had now suggested "Zero" as their number.

Mr. Bolger thought that the negotiation should be focused on the difference between the $185,000 and the original number of $107,000. Coun. Visceglia stated that the Finance Committee was willing to sit down to discuss the matter with the Board of Education and reminded the public that the appeal process that the Board was currently embarked upon would be an added cost for both parties.

Mr. Bolger inquired as to what the precise process would be? Coun. Visceglia explained that first the Finance Committee had to mediate with the County Superintendent, the next stage was the appeal process, but that appeal could not be heard before July 15th, and by that time the new tax rate, with the $185,000 reduction, would have been struck.
Attorney Montenegro interjected that the appeal would be before the State Commissioner of Education. The first stage would be mediation, but if the parties failed to reach an agreement then there would be a hearing and witnesses would testify under oath.
The Attorney also noted that the essential component of any decision was the adequacy of education level proposed by the budget. While the Commissioner of Education would make the final decision he could not go below that level.
Mr. Bolger then asked if the Commissioner could reduce the budget to the 2009/2010 level? Mr. Montenegro advised that he could. Mr. Bolger then asked if he could increase the budget? The Borough Attorney replied that he could not as the voters had clearly voted down the budget. While money could be restored it was beyond the Commissioner's power to increase the budget beyond that amount since the matter had not been placed before the voters.
Coun. Garruzzo, seconded by Coun. Scott then introduced Resolution 10-56 to enable an Executive Session.

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 May 24th, 2010, as follows:

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


Page 60 24th May 2010

2. The general nature of the subject matter to be discussed is as follows: "Pending Litigation, School Board Budget Negotiations".

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.

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

The Executive Session began at 8:00 p.m. and ended at 8:15p.m. The session was adjourned on a motion by Coun. Nolan, seconded by Coun. Visceglia. (Note: Coun. Shaak excused himself from the session).

The Administrator noted that, while these issues were discussed, none of the items were actionable at this time. Attorney Montenegro added that the maters would be made public when the need for confidentiality no longer existed.

The meeting was adjourned at 8:16 p.m. on a motion by Coun. Nolan, seconded by Coun. Visceglia.
Approved: June 14th, 2010.

______________________
Thomas P. Nolan
Municipal Clerk



RESOLUTION NO: 10-54-A
DATE: MAY 24TH, 2010

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-010-008, RPVR, ENC. T/A DUE AMICI, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE FEES DUE TO THE MUNICIPALITY AND TO THE STATE OF NEW JERSEY HAVE BEEN PAID AND MUNICIPAL REQUIREMENTS HAVE BEEN MET, AND

WHEREAS, THERE HAS BEEN NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE.

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF RPVR, INC. T/A DUEAMICI, FOR PREMISES LOCATED AT 420 HIGGINS AVENUE, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE TERM 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 MAY 24th, 2010.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 25th DAY OF MAY 2010.


_______________________
THOMAS F. NOLAN
MUNICIPAL CLERK


RESOLUTION NO: 10-54-C
DATE: MAY 24th, 2010

BOROUGH OF BRIELLE RESOLUTION
WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-011-008, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $2,225.00 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 THOMAS V. WHELAN, 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, 2010 THROUGH JUNE 30th, 2011.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED AT A METING OF THE BRIELLE MAYOR & COUNCIL HELD ON MAY 24th, 2010.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 25th DAY OF MAY 2010.
____________________
THOMAS F. NOLAN MUNICIPAL CLERK

RESOLUTION NO: 10-54-E
DATE: MAY 24TH, 2010
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-44-007-004, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $1,620.00 FEE DUE TO THE BOROUGH AND THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL RECEWED, AND ALL 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 JONATHAN RON, INC. T/A JONATHAN RON LIQUORS, FOR PREMISES LOCATED AT 629 HIGGINS AVENUE, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1ST, 2010 THROUGH JUNE 30TH, 2011.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON MAY 24th, 2010.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 25th DAY OF MAY 2010.


__________________________
THOMAS F. NOLAN
MUNICIPAL CLERK

 

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