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A Community by the River

Borough of Brielle, NJ


June 28, 2010

September 01 2010

June 28, 2010


PAGE 67

MINUTES JUNE 28th, 2010 WORK SESSION START: 7:30 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 informed the Council that there would be a need for an executive session to discuss pending litigation.

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


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MINUTES JUNE 28th, 2010 START: 7:33 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 June 14th, 2010 Meeting were approved on a motion by Coun. Shaak, seconded by Coun. Garruzzo; all aye; no nays. Passed.

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

Resolution:
A. (see insertion).
B. To authorize the Administrator to advertise for bids for an Emergency Generator and an Automatic Transfer Switch.
C. To memorialize Resolution 10-57-I (see prior meeting).
D. To appoint an intern to work for the Brielle Police Department, under a Grant Application, at no cost to the Borough.
E. To approve Change Order No. 1 re: 2009 Capital Improvement Project.

Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: William Brannick asked the location of the proposed emergency generator and the Administrator advised that it was needed at the Water Utility Plant both to ensure the integrity of the potable water system and the antennae that advised the Emergency services of 911 Calls. Mr. Brannick also asked for clarification on Resolution "D". He wondered who the individual was and if he was a Brielle Resident? The Administrator advised that the program was run through Monmouth County and they selected the candidate. It should also be noted that Coun. Shaak abstained on "C".

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 28th, 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 both she and Superintendent Burkhardt had met with the Finance Committee in an effort to reduce cost. The process was on-going and the public would be advised of any changes to the current methodology.


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Coun. Scott also informed the public that the Riverview Seniors were alive and well and had recently taken a trip to the Franklin Institute to view the Cleopatra Exhibition. Exercises Class and Card Playing would continue throughout the summer, but the Book Club would be on hiatus, but overall the Group continued to be active.

Coun. Scott noted that on Saturday she had heard a number of young voices and viewed a group of bicyclers on Union Lane. She learned that they were riding as part of a Breast Cancer Awareness Program. She found the idea noble, but lamented that the cyclers were not wearing helmets and rode two and three abreast, some in the middle of the roadway. Coun. Scott hoped that, next time they would be more cognizant of safety issues and added that "You are never too big to wear a helmet".

Coun. Nolan referred the public to the Library web-site for their summer schedule, but added that all their programs were highly successful.

Turning to Recreation, 285 children had enrolled in the summer recreation program which started on July 6th. The overall cost for each child equated to $1.35 per hour that he felt was a bargain price.

Coun. Nolan also cited a concern over erosion at Nienstedt "Treasure Island" and advised that the Environmental Commission would be investigating this concern.

Coun. Garruzzo informed the public that, due to complaints of reckless operation of boats and Jet Skies the Brielle Police Department, in conjunction with the U.S. Coast Guard teamed to patrol the Manasquan River on Saturday. Patrolman David Buckle issued two summonses, one for wash & wake and one for reckless operation. Additional operations are planned throughout the summer.

The Department has also received complaints of speeding on Old Bridge Road and radar monitoring has been increased.

Coun. Garruzzo also cited 17 Adult arrests in May including 6 DWI, 1 Theft, 1 Possession of Cocaine, 1 for the provision of false information to police officers and 8 warrants. In addition there was one juvenile arrest for possession of narcotics. The Police also responded to 17 Alarm Calls, 19 First Aid Calls, and 11 Motor Vehicle accidents.

Coun. Shaak informed the public of his meeting with the Chamber of Commerce and the intent of his committee to meet to discuss possible modification of the Land Use & Zoning Ordinances in order to make them more business friendly.

Coun. Shaak also cited a recent fire call wherein an elderly couple was rescued. The fire started on the second floor, but in the absence of a smoke alarm, the couple, who were on the first floor of the home, was oblivious to the danger. Coun. Shaak urged all residents to have and maintain smoke alarms.

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Coun. Gorham having no report, Coun. Visceglia advised those assembled that the Finance Committee had an on-going dialogue with the Board of Education in an effort to avoid litigation.

The Committee would be advising the Council of their progress during an Executive Session to be held this evening.

Mayor Nicol then opened the meeting to the public and recognized Richard Bolger, 2 Water's Edge who asked if the Council was considering his recommendation to appoint a Council Liaison to the School Board?
Mayor Nicol stated that the Council had taken the suggestion under advisement.

Mr. Bolger added that, in light of the new contract given to the Superintendent of Brielle Elementary School, there was a good reason to entertain an appointed school board. Mr. Bolger also asked if there was a provision for pre-school in the current budget and if so, how could the Board entertain the elimination of a full-day kindergarten while maintain a non-mandated preschool program?
Coun. Visceglia noted that, regardless of any cuts made by the Council, the Board could adjust their appropriations at will.
Coun. Bolger reminded the Council that, when he was a member he had found $300,000 in cuts and he urged the Council to take a critical look at the school budget; he added that as a sending district Brielle paid more than its fair share to Manasquan High School. Whenever he raised this issue he was informed that it was in accordance with a state formula, He urged the Council to seek an independent review of the matter in the interest of "fairness".

Coun. Visceglia offered that Brielle would be sending 20 additional students to Manasquan High School in the Fall, but Mr. Bolger replied that Brielle should not be charged the full amount since the impact of those students did not require additional personnel or services. He believed that Brielle & Manasquan were engaged-in a "partnership" and that the fees charged Brielle were excessive; he again urged an independent review of the issue.
There being no further public comments Coun. Shaak, seconded by Coun. Garruzzo, introduced Resolution 10-61.
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 June 28th, 2010, as follows;
Page 71 28th June 2010
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: "Pending Litigation Brielle School Board".

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, Shank & Visceglia; all aye. No nays. Passed.

The Executive Session began at 8:05 p.m. and ended at 8:30 p.m. The session was adjourned on a motion by Coun. Scott, seconded by Coun. Garruzzo.

Coun. Nolan, seconded by Coun. Visceglia, introduced a motion to authorize the presentation to the Brielle Board of Education of a settlement the conditions of which, if accepted by the Board, would be ratified at the next meeting of the Mayor & Council scheduled for July 12th, 2010. Vote: Coun. Garruzzo, Gorham, Nolan, Scott & Shaak, Visceglia; all aye. No nay. Motion Passed.

William Brannick, 805 School House Road, inquired as to the amount of the offer. Attorney Montenegro advised that the number being offered was for settlement purposes only and the offer would be made as it was discussed in Executive Session. If the offer was accepted it would be memorialized by resolution, if it was not accepted than the original number of $185,000 would remain in place and would be the number presented to the State Board of Education during the appeal process.

The meeting was adjourned at 8:45 p.m. on a motion by Coun. Scott, seconded by Coun. Shaak.




Approved: July 12th, 2010 ____________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 10-59-A
Date: June 28th, 2010

Borough of Brielle Resolution

Whereas, an application has been made for the renewal of Liquor License #130833-002-008 C.G. Mass, Inc. T/A Sand Bar, 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, being received and all Municipal requirements have been complied with, and

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

Now Therefore Be It Resolved, that the application of C.G. Mass, Inc. T/A Sand Bar, for premises located at 201 Union Lane, Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue said license, for the license year July 1st, 2010 through June 30th, 2011, subject to the following conditions hereby imposed by the Governing Body of the Borough of Brielle:

1.) The conditions imposed by the Brielle Planning Board Resolution, dated May 6th, 1995 and incorporated into the text of this resolution as Addendum #1 (attached) shall continue to apply to this liquor license and shall be strictly enforced. The license holder shall abandon the area known as the west deck for service and/or consumption of food and alcoholic beverage and any other business purpose. The applicant shall not place any tables, chairs or similar devices on the west deck.

2.) No alcoholic beverage is to leave the licensed premises in an open container. The management of the Sand Bar is required to monitor all points of ingress or egress to ensure that this condition is met.

3.) All doors and windows of the Sand Bar shall be kept closed after 7:00 p.m. (Prevailing Time) whenever live, canned or amplified music is played.

CERTIFICATION

The foregoing is a true copy of a Resolution adopted by the Brielle Mayor and Council at a meeting held on June 28th, 2010.

Witness my hand and seal of the Borough of Brielle this 29th day of June 2010.


SEAL _____________________
Thomas F. Nolan
Municipal Clerk




Resolution No: 10-59-D
Date: June 28th, 2010

Resolution of the Borough of Brielle

Be It Resolved: to appoint Dylan James Lovgren, 25 Weaversville Road, Freehold, N.J. 07728 as an Intern to work for the Brielle Police Department, under a grant application, from Monmouth County, at no cost to the Borough. The annual salary shall be $12.00 an hour.


Certification

The foregoing is a true copy of a Resolution adopted by the Brielle Mayor and Council at a meeting held on June 28th, 2010.

Witness my hand and seal of the Borough of Brielle this 29th day of June 2010.




SEAL _____________________
Thomas F. Nolan
Municipal Clerk


 

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