www.briellenj.com
A Community by the River

Borough of Brielle, NJ


June 14, 2010

July 02 2010

June 14, 2010

PAGE 61

MINUTES JUNE 14th, 2010 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL COUN. GARRUZZO, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR THOMAS 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 the Council to execute the affidavit to indicate that they had read, at a minimum, the comment and recommendation section of the annual audit report for 2009.

There being no further comments the work session was adjourned at 7:32 p.m. on a motion by Coun. Nolan, seconded by Coun. Garruzzo.

PAGE 62

MINUTES JUNE 14th. 2010 START: 7:33 P.M.

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

ABSENT: COUN. GORHAM.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the May 24th, 2010 Meeting & May 13th & 18th Special Meetings were approved on a motion by Coun. Shaak, seconded by Coun. Garruzzo; all aye; no nays. Passed. (Note: Coun. Scott abstained on the Minutes of May 18th.)

Coun. Garruzzo, seconded by Coun. Shaak introduced Resolution 10-57 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. To authorize an increase in the contract with Birdsall Engineering for the preparation of plans and specifications for the improvements to Brielle Park in the
amount of $8,500.00.
E. To declare an emergency. Re: Repair to the Cedar Lane Pump Station
F. To approve the hiring of Edith G. Egan, as a School Crossing Guard, retroactive to
June 1st, 2010.
G. To authorize the renewal of an agreement with the Boroughs of Manasquan & Sea Girt for the joint use of a combination Sewer Jet & Catch Basin Cleaner.
H. Top accept the 2009 Audit Report.
I. (see insertion)

Motions:

A. To amend the Council Committee Structure to transfer Coun. Scott to the Finance
Committee and Coun. Nolan to the Community Development Committee.
B. To authorize the New Jersey Youth Club, Inc. to fund raise in Brielle.
C. To reschedule the Auction of Surplus Borough Property to Tuesday, June 29th,
2010.

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

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 June 14th, 2010, as reviewed by the Finance Committee and as listed on the

Page 63

Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol called for Committee Reports and recognized Coun. Scott who cited the Union Landing Historical Society's sponsorship of a "Flag Day" celebration at the 9/11 park that included a history of our flag. Coun. Scott noted that President Woodrow Wilson had first declared Flag Day.

Coun. Scott cited the Saturday Centennial Celebration for the Brielle Volunteer Fire Department and stated that "it does not get any better". The day was wonderful and it exemplified the spirit of small town U.S.A.

Coun. Scott then advised that she had the privilege of meeting with eight "Tiger Cub Scouts" and discussing with them how government works. The Recycling Program was also discussed and Coun. Scott expressed her surprise as to how informed the Scouts were. They asked pertinent questions and, since they were all second graders, they gave her a new respect for her daughter who was a second grade teacher. Coun. Scott added that, as per the Mayor's request, the Scouts were provided with Special Deputy Mayor Badges & Caps, but at the end of the day their primary desire was to visit Police Headquarters and see the cells.

Turning to the Shore Alliance, Coun. Scott was pleased to note that Chief Palmer had been cited for having a "Zero" Tolerance for under-aged drinking. Coun. Scott also noted that she and Superintendent Burkhardt would be meeting with Finance Chairman Visceglia to review expenses and the level of service being provided with an eye to achieving cost savings.

In closing Coun. Scott thanked the voters for their support in the June 8th Primary Election.

Coun. Nolan advised that Saturday would be the last day to enroll in the Summer Recreation Program. Enrollments would take place at Borough Hall and he added that the actual cost for the individual participants was $1.40 per hour, a definite bargain.

Turning to the Library, Coun. Nolan cited seventy-five attendees at the "Celebrate Calmness" seminar and the continued success of the Yoga Classes; he also thanked the First Aid Squad for their donation of fifty chairs to the Library.

Coun. Garruzzo cited the "Click It or Ticket" program and reminded the public that "it saved lives". He also praised the Fire Company for a great event.

Coun. Shaak also praised the Fire Company's Centennial and added that he had been a member for twenty-seven years. Coun. Shaak also cited three new First Aid Squad Members who were currently taking the EMT Classes that required one hundred and twenty hours.

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Coun. Shaak also noted that Chief Palmer, in his capacity as Assistant Emergency Management Coordinator, had submitted a grant to FEMA in an effort to recoup monies expended during the March 2010 NorEaster.

Coun. Visceglia advised the public that the Board of Education was appealing the cuts made to their budget by the Council to the State Board of Education. The Board of Education and the Council were still engaged in a dialogue in an effort to resolve the situation.

At this juncture, Coun. Scott interjected a "P.S." wherein she cited the success of the mixed-paper recycling program. While it was hard to isolate the cardboard and other materials from the collection it did appear that the collection rate was up 17% over 2009 and overall recycling was up 39% and brush collection was up 120%. Bottle & Can Collection had increased by 30%. The revenue from mixed paper collection had increased from $433.00 in 2009 to $16,300.00 so far in 2010.

Coun. Nolan interjected that, by supporting the mixed paper collection process, he had reduced his waste stream in half and therefore his family was sending less to the landfill and reducing tipping fees.

Coun. Scott added that, while the Borough did not receive payment for the bottles and cans, every item recycled equated to a reduction in tipping fees and a savings to the Borough.

The meeting was then opened to the public and the Chair recognized Ms. Mary Lou Bolger, 2 Water's Edge, who asked about the negotiations with the School Board and if the Borough was seeking a compromise?

Coun. Visceglia explained that the appeal process would be costly to both parties and he hoped that a compromise could be reached, but at this juncture the Board was at zero and Council remained at $185,000.

Mr. John Farr, 823 Rathjen Road, advised the Council of an emergent and apparently ongoing drainage problem that was adversely impacting his property. Council promised to investigate the matter.

Richard Bolger, 2 Water's Edge, congratulated both the Volunteer Fire Department on their Centennial and the First Aid Squad for their continued dedication to the community.

Mr. Bolger then proceeded to address the issue of the tax levy that supports the School Budget. He noted that he had been present at the meeting when Superintendent Carlson had addressed the Council and he had taken exception to the comments that she made and her position that any reduction to the budget would be detrimental to the education of Brielle Students.

Page 65

Mr. Bolger reminded the Council that, during his term on Council, he had performed an extensive review of the costs entailed by the other sending districts and he cited the State Abstract on Rateables as a factual source for his review.

Mr. Bolger provided a point by point overview of the differences between Brielle and the other Districts, but the salient points were that the school budget had "sky-rocketed" since 2000 and, even if one accepted the fact that the overall school population had increased and that the new addition entailed a cost in debt-service, the budget increase was still far beyond that of the other districts.

Coun. Bolger believed that the employment of the "Second Question" put a "gun to the head" of the Brielle Taxpayer and in point of fact was no more than a "game of chicken". In the event the School Board lost and now the children were deprived of all extra-curriculum activity.

Mr. Bolger reminded the Council that, despite a number of rejected budgets, the School had received 99% of every dime requested. This fact could be proven by the statistics that the Board provided in their effort to sell their budget to the public. Mr. Bolger added that Superintendent Carlson repeatedly stated that every failed school budget set the School back two years. Yet a failed budget simply meant that the current level of funding was maintained. Revenue was not diminished, it simply was stabilized. The increase was rejected not the totality of the budget.

Mr. Bolger also wondered how, when there was a 4% Cap in place, the Superintendent could seek an 11.3% increase when the other sending districts averaged 1%. Mr. Bolger offered that the only possible answer was mismanagement.

Mr. Bolger then cited a number of examples of inefficiency such as two gyms and no basketball team, but his primary concern was the extension of the Superintendent's contract through 2013 with a "buy-out" clause in the event of consolidation and a substantial salary increase. This action took place at the June 24, 2009 Meeting, but it was not an agenda item. Mr. Bolger expressed a concern over the legality of this action.

Mr. Bolger also raised the issue of test scores and he wondered why Brielle Parents were not more concerned over standardized placement tests and why, in accord with the State DFG Groupings, Brielle was placed with Roosevelt & Wall Township rather then the other local sending districts?

Mr. Bolger also noted that, based on their own records, the School Board anticipated a $200,000 budgetary surplus; he asked where did it go?

Mr. Bolger then reiterated his concern over mismanagement at the School and noted that it is inappropriate to vote "yes" or "no" on a school budget unless the electorate is informed, understand the process and make a decision based on fact and not emotion i.e. "it's for the kids".

Page 66 14th June 2010

In closing Mr. Bolger urged the Council to establish an official liaison to the Board of Education to keep them appraise of what actions were taking place and to place a referendum on the November Ballot that would ask voters to abandon the current system of an elected School Board and replace it with an appointed Board. Given the wealth of talent and ability in the community, Mr. Bolger felt that the latter format would be more effective.

There being no further comment the meeting was adjourned at 8:35 p.m. on a motion by Coun. Garnzzzo, seconded by Coun. Shaak.







Approved: 28th June 2010 _______________________
Thomas F. Nolan Municipal Clerk

RESOLUTION NO: 10-57-A
DATE: JUNE 14TH, 2010

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-005-004, AND

WHEREAS, THE APPLICATION IS COMPLETE, AND THE FEES DUE TO THE MUNICIPALITY AND THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL HAVE BEEN RECEIVED AND ALL LOCAL REQUIREMENTS HAVE BEEN MEET, AND

WHEREAS, THE GOVERNING BODY HAS BEEN MADE AWARE OF NOISE CONCERNS AT THIS LOCATION AND THE HOLDERS OF THE LICENSE HAVE AGREE TO THE IMPOSITION OF CONDITIONS TO ADDRESS THESE CONCERNS.

NOW THEREFORE BE IT RESOLVED, THAT THE FOLLOWING CONDITIONS ARE HEREBY IMPOSED ON LICENSE #1308-33-005-004 SHIP WRECK INN, LLC TVA SHIP WRECK GRILL:

1. ALL DOORS & WINDOWS SHALL BE KEPT CLOSED WHENEVER ANY LIVE MUSIC IS PLAYED.

2. REGARDING THE USE OF THE DECK AREA. ALL CONDITIONS IMPOSED BY THE BRIELLE PLANNING BOARD, REGARDING THE LIMITATION OF SERVICE ON THE DECK, AS STATED IN THEIR RESOLUTION (8/9/95), AND AS FURTHER MEMORIALIZED IN MUNICIPAL RESOLUTION 96-46-E, WHICH AUTHORIZED A PLACE-TO-PLACE TRANSFER TO PERMIT UTILIZATION OF THE DECK, SHALL BE INCORPORATED INTO THIS RESOLUTION AS ADDENDUM #1.

3. IN THE EVENT THERE IS ANY MODIFICATION OF THE CONDITIONS IMPOSED BY THE PLANNING BOARD, THE MUNICIPAL RESOLUTION SHALL MIRROR THESE CONDITIONS, BUT IT SHALL BE THE APPLICANT'S RESPONSIBILITY TO ADVISE THE GOVERNING BODY OF ANY SUCH CHANGE TO ENSURE THAT THE EXACT LANGUAGE IS INCOPORATED INTO ADDENDUM #1.

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF SHIP WRECK INN. INC. T/A SHIP WRECK GRILL, FOR PREMISES LOCATED AT 720 ASHLEY AVENUE, BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK 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 PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON JUNE 14th, 2010.

WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 15th DAY OF JUNE 2010.

_________________________
THOMAS F. NOLAN
MUNICIPAL CLERK


Resolution No: 10-57-B
Date: June 14th, 2010

Resolution of the Borough of Brielle

Whereas: on June 8th, 2010, Holiday Express, 968 Shrewsbury Ave., Tinton Falls, NJ 07724, submitted Raffle Application No. 2010-6, ID No. 343-4-36537 for an on-site raffle, to be held at Manasquan River Golf Club on Friday, July 16th, 2010 from 7am to 9pm.

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 June 14th, 2010.

Witness my hand and Seal of the Borough of Brielle this 15th day of June 2010.


______________________
Thomas F. Nolan
Municipal Clerk


















Resolution No: 10-57-C
Date: June 14th, 2010

Resolution of the Borough of Brielle

Whereas: on June 9th, 2010, Brielle First Aid, 710 Old Bridge Road, Brielle NJ 08730, submitted Raffle Application No. 2010-7, ID No. 57-10-36627 for an off-site gift raffle, to be held at the Brielle First Aid Building on Saturday, September 18th, 2010 at 5:00pm.

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 June 14th, 2010.

Witness my hand and Seal of the Borough of Brielle this 15th day of June 2010.

______________________
Thomas F. Nolan
Municipal Clerk

















RESOLUTION NO: 10-57-G
DATE: JUNE 14TH, 2010

BOROUGH OF BRIELLE

RESOLUTION OF THE BOROUGH COUNCIL OF THE
BOROUGH OF BRIELLE, MONMOUTH COUNTY,
NEW JERSEY, AUTHORIZING THE MAYOR AND
MUNICIPAL CLERK TO EXECUTE AN ADDENDUM
TO THE INTERLOCAL SERVICES AGREEMENT
BETWEEN THE BOROUGHS OF BRIELLE, MANASQUAN
AND SEA GIRT TO PROVIDE FOR THE JOINT USE OF
A COMBINATION SEWER JET AND CATCH BASIN CLEANER
WHEREAS, on December 5, 2005, the Borough of Brielle entered into an Interlocal Services Agreement with the Boroughs of Manasquan and Sea Girt for the joint use of a combination sewer jet and catch basin cleaner; and
WHEREAS, the Interlocal Services Agreement, by its terms, terminated December 31, 2009; and

WHEREAS, the Borough of Brielle is desirous of entering an addendum to the Interlocal Services Agreement between the Boroughs of Brielle, Manasquan and Sea Girt to extend the term of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED, on this 14th day of June, 2010 by the Borough Council of the Borough of Brielle, Monmouth C6unty, New Jersey, as follows:

1. The Mayor and Municipal Clerk are hereby authorized and directed to execute an Addendum to the Interlocal Services Agreement.

2. A copy of the proposed Addendum is attached and made a part of this Resolution;

3. The Addendum shall be in effect for a five (5) year period commencing January 1, 2010 and terminating December 31, 2014.




4. A certified copy of this Resolution shall be sent to:

Mrs. Colleen Scimica
Municipal Clerk
Borough of Manasquan
201 E Main Street
Manasquan NJ 08736

Ms. Lauren Mayer
Municipal Clerk
Borough of Sea Girt
321 Baltimore Avenue Sea Girt NJ 08750
CERTIFICATION

I, Thomas F. Nolan, Municipal Clerk of the Borough of Brielle, Monmouth County, New Jersey, do hereby certify that the foregoing is a true copy of a Resolution duly adopted by the Borough Council at their regular meeting held on June 14th, 2010.



__________________________
Thomas F. Nolan
Municipal Clerk



















Resolution No: 10-57-H Date: June 14th, 2010

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, N.J.S.A. 40A: 5-4 requires the governing both of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2009 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Borough of Brielle, Thomas F. Nolan as per the requirements of N.J. S. 40A: 5-6, and a copy has been received by each member of the governing body, and

WHEREAS, R. S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs, and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled "Comments and Recommendations; and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled "Comments and Recommendations" as evidenced by the group affidavit form of the governing body attached hereto: and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than fort-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as Stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 -to wit:

R.S. 52:27BB-52 -A local officer or member of a local governing body who, after a date fixed for compliance, fills or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fine not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Mayor & Council of the Borough of Brielle. hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON JUNE 14TH, 2010.
SEAL
__________________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 10-57-I
Date: June 14th, 2010

Resolution of the Borough of Brielle

Whereas: on June 9th, 2010, Brielle First Aid, 710 Old Bridge Road, Brielle NJ 08730, submitted Raffle Application No. 2010-8, ID No. 57-10-36627 for an off-site gift raffle, to be held at the Brielle First Aid Building on Saturday, July 31st, 2010 at 5:00pm.

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 June 14th, 2010.

Witness my hand and Seal of the Borough of Brielle this 15th day of June 2010.

______________________
Thomas F. Nolan
Municipal Clerk


 

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