Borough of Brielle, NJ
| April 11, 2011
April 11, 2011
MINUTES APRIL 11TH, 2011 WORK SESSION START: 7:30 PM
PRESENT: MAYOR NICOL, COUN.GARRUZZO, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR 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 advised the Council that Stephen Speicher of the Board of Recreation Commissioners was present to make the awards for the annual "Snowman" Contest.
The winners were:
Aidan Tolnai Hunter Clark
Theresa & Jacqueline Porcello
(Note: The Winning Photos are hereby incorporated in to the text of these minutes.) Stephen Speicher noted that some twenty-five children had participated in the contest that has been taking place for ten years.
There being no further comments the work session was adjourned at 7:32 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
MINUTES APRIL 11th, 2011 START: 7:33 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, NOLAN, SCOTT SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. GORHAM.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 28th 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 11-30 for passage of the Consent Agenda.
A. (see insertion).
B. To authorize the Administrator to issue the 2011 Private Swimming Pool Licenses.
C. To declare an emergency re: repairs to Laurel Avenue Pump Station, Pump #2, by Pumping Services, Inc. of Middlesex, in the amount of $3,193.00. The failure to make emergency repairs would have posed a threat to the health and welfare of Brielle residents. The Borough is therefore declaring that an exigency exists.
D. (see insertion).
Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: William Brannick, 805 Schoolhouse Road, inquired as to "A". The Administrator advised that Brielle was permitted to exercise this option due to the recent auditor reports and Brielle's positive track record. The auditor interjected that the Borough still had to adhere to all Local Government requirements.)
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 11-31 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 11th, 2011, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
The Mayor then announced that the time had arrived for a hearing and further consideration of "CALENDAR YEAR 2011 "AN ORDINANCE TO EXCEED THE BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK"
The hearing was opened on a motion by Coun. Scott, seconded by Visceglia.
The Administrator advised that the ordinance was a tool to ensure compliance with the CAP on appropriations and to create a bank that can be drawn upon in ensuing years akin to surplus.
The hearing was closed on a motion by Coun. Shaak, seconded by Coun. Scott.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 11-32 for passage on introduction and first reading. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; al aye. No nays. Passed.
Coun. Garruzzo, seconded by Nolan, introduced Resolution 11-33 to authorize publication of the foregoing ordinance in the Coast Star according to law. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for a hearing on the 2011 Municipal Budget.
The hearing was opened on a motion by Coun. Scott, seconded by Coun. Nolan.
Coun. Visceglia advised the public that the hearing was being held on a proposed budget with a 9/10 cent increase to the municipal rate. The Governing Body believed that the budget was cost effective and would maintain the quality of life for Brielle Residents with minimal impact on the taxpayer. He added that the professional staff was available to answer any questions.
William Brannick, 805 School House Road, posed a number of questions. Mr. Brannick asked why, in the 2010 budget insurance was divided into general liability and workman's compensation, but in 2011 it was lumped into one appropriation?
The Administrator explained that it was a technicality as to itemization, but that the increase was between three and a half and four percent.
Turning to Salaries & Wages, Mr. Brannick was informed that the Board of Recreation Employee were part-time and they did not include any benefits. Streets & Roads increased more than Recycling as the number of workers was larger and both appropriations were impacted by the current collective bargaining agreement.
Mr. Brannick asked about the costs incurred for PFRS & PERS. They appeared to have increased substantially. CMFO Stephen Mayer explained that the costs were statutory, but added that, in 2010, a portion of those appropriations were outside CAP. Now they were within CAP. This contributed to the apparent increase. As to Mr. Brannick's inquiry on deferred pension, the CMFO advised him that the current number included contributions for the pension buy-out program o the mid 1990's. The pension payments deferred by the Corzine Administration did not commence until the2012 budget and had a ten year payout.
Mr. Brannick also inquired as to a $47,162.00 Defined Contribution Retirement Program? The CMFO explained that the appropriation covered employee who took advantage of the buy-out in the 1990s.
Mr. Brannick asked "who they were?" The Administrator replied former Police Chief Harry Whalen.
The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 11-34 (see insertion). Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. None abstained. Passed.
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "AN ORDINANCE TO AMEND CHAPTER TWO-SECTION SEVEN (2-7) OF THE MUNICIPAL CODE ENTITLED LENGTH OF SERVICE AWARDS PROGRAM (LOSAP)".
The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Garruzzo
The Administrator explained that the amendment restructured the point system for LOSAP to provide for greater efficiency and the action was being taken at the request of the Fire Company.
The hearing was closed on a motion by Coun. Nolan, seconded by Coun. Scott.
Coun. Nolan, seconded by Coun. Scott, introduced Resolution 11-35 for passage on second and final reading. Vote: Coun. Garruzzo, Nolan & Scott; aye. Shaak & Visceglia; abstained. No nays. Passed.
Coun. Nolan, seconded by Coun. Shaak, introduced Resolution 11-36 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed
Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of "BOND ORDINANCE PROVIDING AN APPROPRIATION OF $400,000 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $380,000 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APROPRIATION".
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 11-37 for passage and introduction on first reading. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Scott, seconded by Coun. , Shaak introduced Resolution 11-38 to authorize publication of the foregoing Bond Ordinance, in the Coast Star, for a hearing to be held at 7:30 p.m., at Borough Hall, on April 25th, 2011 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 reminded the public that "shredder day" was scheduled for Saturday April 23th for Brielle residents and "guests" from Manasquan. Clean-up week would be May 16th through May 20th.
Coun. Woman Scott also praised the Woman's Club for the new chairs at Curtis House and the anticipated replacement card tables and thanked them for their on-going assistance to the community.
Coun. Scott also cited her attendance at the Fire Company & First Aid Installation Dinners and noted that it was "great" living in a small town where you got to know the volunteers who gave so freely of their time and the dedicated Police Force that insured the public safety. Coun. Scott mused that "she wouldn’t live anywhere else".
Coun. Nolan advised the public of the Library's new foyer and their "open house" scheduled for April 14th. He added the Red Cross sponsored Adult CPR Course would be held at the Library on April 19th, at a cost of $65.00. On April 25th a Baby Sitting Course will be offered at the same rice.
Turning to Recreation, Coun. Nolan stated that the annual Easter Egg Hunt would be held at 1:00 pm on April 17th and a bus trip to the Bronx Zoo on April 19th.
On a more poignant note, Coun. Nolan informed the public that a benefit would be sponsored by the Board for the Condoluci Family whose son was suffering from leukemia. A North vs. South competition would be held featuring such events as soft ball, a tug of war and bocce ball.
Page 44 11th April 2011
Coun. Garruzzo had no report, but he echoed Coun. Scott's appreciation for the Volunteer Organizations. He also praised Stephen Speicher for his assistance in the annual Cub Scout spaghetti and meat ball dinner; he added that eighty pounds of spaghetti were coked along with six hundred meatballs.
Mayor Nicol interjected that Mr. Garruzzo Senior had lamented that Frank just could not keep up with him.
Coun. Shaak advised the public that his committee was continuing their efforts to resolve complaints concerning Brielle Motor Court and he assured the public that their license would not be renewed until the concerns of the Code Enforcement Officer were remediated.
Coun. Visceglia thanked the professional staff for their assistance in preparing the budget and added that, throughout the year all expenditures would continue to be evaluated.
The meeting was opened to the public and William Brannick, 805 Schoolhouse Road, posed a "point of order". Given the fact that both Coun. Shaak & Visceglia abstained on passage of the L.O.S.A.P. ordinance; he asked how it could be approved by only three votes?
Attorney Montenegro explained that the Mayor's presence, although he was only eligible to vote in the event of a tie, did constitute a quorum, hence a vote could be taken.
There being no further comments, the meeting was adjourned at 8:05 pm on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
Approved: April 25th, 2011. __________________________
Thomas F. Nolan
Resolution No: 11-30-A
Date: April 11th, 2011
BOROUGH OF BRIELLE: SELF-EXAMINATION
OF BUDGET RESOLUTION
WHEREAS, N.J.S.A. 40A:4-7Sb 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 2011 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 11th, 2011.
Vote recorded as follows: Coun. Garruzzo, Nolan, Scott, Shaak Visceglia; all aye. No nays. None abstained. Passed.
The foregoing is a true copy of a resolution adopted by the Brielle Mayor & Council at a meeting held on April 11th, 2011.
Witness my hand and seal of the Borough of Brielle this 12th day of April, 2011.
SEAL Thomas F. Nolan
Borough of Brielle
Supporting the Click It or Ticket
Mobilization of May 23 - June 5, 2011
Whereas, there were 554 motor vehicle fatalities in New Jersey in 2010; and
Whereas, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and
Whereas, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and
Whereas, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by safety belt usage nationally between 1975-2000; and
Whereas, the State of New Jersey will participate in the nationwide Click It or Ticket seat belt mobilization from May 23 - June 5, 2011 in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and
Whereas, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 93.73% to 100%; and
Whereas, a further increase in seat belt usage in New Jersey will save lives on our roadways;
Therefore, be is resolved that Brielle Borough declares it's support for the Click It or Ticket seat belt mobilization both locally and nationally from May 23 - June 5, 2011 and pledges to increase awareness of the mobilization and the benefits of seat belt use.
SEAL Thomas F. Nolan
Resolution No: 11-34
Date: April 11th, 2011
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 $5,827,611.00 for municipal purposes.
Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on April 11th, 2011.
Witness my hand and seal of the Borough of Brielle this 26th day of April 2011.
Thomas F. Nolan