www.briellenj.com
A Community by the River

Borough of Brielle, NJ


August 22, 2011

September 15 2011

August 22, 2011

PAGE 80

MINUTES AUGUST 22nd, 2011 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 no formal report, but he requested permission to add five resolutions to the consent agenda. Four were for raffles and one renewed the Borough's membership in the CJHIF. Council gave their authorization.

The Administrator also asked permission to declare an emergency for purchasing purposes due to a lighting strike at the Union Avenue Water Plant. A damage assessment was in progress and it might prove necessary to expend funds for emergency repairs without following the normal purchasing procedure. Council gave their authorization.

William Brannick, 805 Schoolhouse Road, noted that the Council had received an amended consent agenda containing the additional resolutions; he asked why the public was not provided with a copy?

Coun. Scott interjected that she had just had the discussion with the Administrator and it was agreed that such a copy would be provided in the future.

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

PAGE 81

MINUTES AUGUST 22nd, 2011 START: 7:36P.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 August 8th, 2011, meeting was approved on a motion by Coun. Garruzzo seconded by Coun Visceglia; all aye; no nays. Passed.

Coun. , Garruzzo, seconded by Coun. Nolan, introduced Resolution 11-71 for passage of the Consent Agenda.

Resolution:

A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. (see insertion).
F. (see insertion).
G. (see insertion).
H. (see insertion).
I. (see insertion).
J. (see insertion).
K. To declare an emergency re: repairs to the Union Lane Water Plant.

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

Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 11-72 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 August 8th, 2011, 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 82

The Mayor then announced that the time had arrived for the introduction and passage on first reading of "AN ORDINANCE TO AMEND CHAPTER TEN OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “SWIMMIING POOLS".

The hearing was opened on a motion by Coun. Scott, seconded by Coun. Nolan; all aye.

The Borough Attorney explained that the amendment removed certain arcane language that was no longer relevant from the ordinance. Specifically sections (d) & (e).

Carl DeMarco, 630 Locust Road, asked why the ordinance was now being changed after some forty years?

Mr. Montenegro explained that those sections of the ordinance that were being removed were contrary to current land use law and served no purpose. He added that, while the ordinance had been introduced on July 11th, the hearing date had been held until August 22nd to afford the Planning Board the opportunity to review it. The Planning Board had concurred with the recommendation to remove the irrelevant sections.

Mr. DeMarco then voiced his concern over a proposed swimming pool application now before the Planning Board. Mr. Montenegro replied that the ordinance was not specific to any one application, but was applicable throughout the Borough.

William Brannick, 805 Schoolhouse Road, asked if, under the current ordinance, an application for a swimming pool would first go to the Board of Adjustment and then be forwarded to Mayor & Council?

Mr. Montenegro stated that that was correct and it was contrary to normal Land Use Procedure.

Scott Kenneally, 624 Locust Road, believed that the proposed revisions arose from an application now pending before the Planning Board, but his real concern was that the Borough, by amending the ordinance, was making the construction of Olympic size swimming pools a permitted use and the Governing Body was giving up whatever leverage it had in reviewing such applications.

Mr. Kenneally also voiced a concern over the Master Plan and pointed out that none of the recommendations made in the 2006 Plan regarding commercial property had been implemented; he believed that Municipal Planner should review the ordinance and its implications. He felt that the construction of an Olympic Pool on Higins Avenue would create traffic and parking problems as the number of such pools in the area was limited and its presence would be a draw for events such as swimming meets. Neither the roadway or the parking lot were designed to accommodate this potential increase in traffic.

Page 83

Mr. Kenneally pointed to the Silton Swim School and the inherent traffic problems it created on Atlantic Avenue as validation for his concern. In closing Mr. Kenneally noted that in those communities where such pools were allowed the requirements were a minimum five acre site and a 200 foot set-back. Such a condition did not exist in Brielle.

There being no further comment the hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye.

Coun. Garruzzo, seconded by Coun. Shaak, then introduced Resolution 11-73 for passage on introduction and first reading of the foregoing ordinance. The Clerk called the roll and Coun. Garruzzo & Gorham voted yes, but Coun. Scott stated that Mr. Kenneally had made some compelling arguments and she wished that she had more time to consider the matter. Coun. Visceglia asked if the ordinance could be carried until the next meeting? Atorney Montenegro offered that the Council had that option.

Coun. Garruzzo stated that he was prepared to go forward this evening and saw no reason to delay the vote. As a member of the Planning Board he felt that the matter had been properly vetted and there was nothing to be gained by further delay. Coun. Scott added that this would not in any way prevent the Planning Board from going forward in hearing any application.

Mayor Nicol stated that the vote had begun and he directed the Clerk to proceed with the roll call. The final result was Vote: Coun. Garruzzo, Gorham & Shaak "yes". Scott & Visceglia "nay". Coun. Nolan abstained. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 11-74 to authorize passage and publication in the Coast Star according to law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia: all ayes, no nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who cited her attendance at the most recent meeting of the South Monmouth Community Alliance. Coun. Scott remained impressed with the innovative programs underway to address drug and alcohol problems in the schools with an emphasis on prevention. She was also pleased that two Brielle Police Officers had participated in the program.

Coun. Scott turned nostalgic and cited newspapers clippings from June 7th, 1984 that announced the introduction of Brielle's collection of newspapers, cardboard and mixed paper. While implementation lagged for a period due to the lack of suitable markets, the goal had remained the same and now, twenty-seven years later, the state had mandated what Brielle had already been doing. On the downside, Coun. Scott lamented the fact that, despite four generations of recycling, some people still failed to recycle and cited the numerous "half-filled" water bottles that were tossed in the trash.

Page 84 22nd August 2011

Coun. Nolan cited the Library's "Fall Running Camp" with Coach G.P. Pearlberg on Tuesday & Thursday from 3:30 to 4:15 pm, and tile "Better Bodies" program, also on Tuesday & Thursday 10:00 am to 10:45 am. The Library will be holding its annual book sale that culminates on Brielle Day.

Turning to Recreation, Coun. Nolan noted that Flag Football would begin on Sunday, September 1st, the Brielle Dash would be held on September 9th, and Brielle Day would be September 10th.

Coun. Garruzzo informed the public regarding the motor vehicle fatality of August 15th, 2011. An investigation had revealed that the bicyclist was operating the bicycle on Union Lane eastbound and then crossed the double yellow line into the westbound lane of travel. As the motor vehicle began to turn from Green Avenue onto Union Lane westbound, it struck the rear tire of the bicycle. The operator of the bicycle was at fault.

Patrolman Mechler did an outstanding job in investigating the fatality, as did Officers Sofield and Special Officer Dreher who investigated the scene. Both Chief Palmer & I would also like to thank the Brielle Fire Department and First Aid Squad for their assistance.

A search of motor vehicle accidents for that vicinity from 1998 to the present indicates a total of ten motor vehicle accidents. Only one involved a bicycle.

Coun. Shaak commented on the accident and noted that the accident victim had not been wearing a helmet and that could have made a difference. Helmet Safety begins at home and the Councilman reminded all parents to inculcate their children with the necessity of wearing a helmet when riding a bicycle.

Coun. Shaak also noted that the Community Development Committee would be meeting with representatives of Brielle Motor Court after their most recent court appearance. Four of five violations had been remediated, but the fifth remained and there did not appear to be any evidence of activity. Coun. Shaak was not optimistic about the meeting’s outcome, but added that the license would not be renewed until these matters were resolved.

Coun. Gorham & Visceglia having no reports, and there being no public comment, the meeting was adjourned at 8:20 pm on a motion by Coun. Shaak, seconded by Coun. Garruzzo.
Approved: September 12th, 2011 _______________________
Thomas F. Nolan Municipal Clerk




Resolution No: 11-71-A Date: August 22nd, 2011

Resolution of the Borough of Brielle

Whereas: on August 16th, 2011, Woman’s Club of Brielle, P.O. Box 502, Brielle NJ 08730, submitted Raffle Application No. 2011-16 ID No. 57-8-15240, 50/50 cash raffles, to be held at the Curtis House, 644 Union Lane, Brielle NJ 08730 on the second Thursday from September 2011 to May 2012.11:30am to 4:00pm.

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 August 22nd, 2011.

Witness my hand and Seal of the Borough of Brielle this 23rd day of August 2011.


_____________________
Thomas F. Nolan
Municipal Clerk

















Resolution No: 11-71-B Date: August 22nd, 2011

Resolution of the Borough of Brielle

Whereas: on August 16th, 2011, Brielle EMS, Inc., 710 Old Bridge Road, Brielle NJ 08730, submitted Raffle Application No. 2011-17 ID No. 57-10-36627, for a off-site Gift raffle, to be held at the Brielle First Aid Building, 710 Old Bridge Road, Brielle NJ 08730 on Saturday, Oct. 1st, 2011 at 4 p.m.

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 August 22nd, 2011.

Witness my hand and Seal of the Borough of Brielle this 23rd day of August 2011.


_____________________
Thomas F. Nolan
Municipal Clerk


















Resolution No: 11-71- C Date: August 22nd, 2011

Resolution of the Borough of Brielle

Whereas: on August 17th, 2011, PTO Brielle, Inc., 605 Union Lane, Brielle NJ 08730, submitted Raffle Application No. 2011-18 ID No. 57-5-22886, for a on-site 50/50 cash raffle, to be held at the Brielle Park, Brielle NJ 08730 on Saturday, Sept. 10th, 2011 from 9am to 5pm.

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 August 22nd, 2011.

Witness my hand and Seal of the Borough of Brielle this 23rd day of August 2011.


_____________________
Thomas F. Nolan
Municipal Clerk


















Resolution No: 11-71-F Date: August 22nd, 2011

Resolution of the Borough of Brielle

Whereas: on August 16th, 2011, Brielle Education Foundation, Inc., 605 Union Lane, Brielle NJ 08730, submitted Raffle Application No. 2011-19 ID No. 57-5-37135, for a on-site 50/50 cash raffle, to be held at Brielle Park, Union Lane, Brielle NJ 08730 on Saturday, Sept. 10th, 2011 from 9am to 4 p.m.

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 August 22nd, 2011.

Witness my hand and Seal of the Borough of Brielle this 23rd day of August 2011.


_____________________
Thomas F. Nolan
Municipal Clerk




















Resolution No: 11-71-H Date: August 22nd, 2011

Resolution of the Borough of Brielle

Whereas: on August 16th, 2011, Yoga & U, Inc., 1101 Richmond Ave., Suite 202, Pt. Pleasant NJ 08742, submitted Raffle Application No. 2011-21 ID No. 54-437572, for a on-site 50/50 cash raffle, to be held on the River Belle, 800 Ashley Ave., Brielle NJ 08730 on Saturday, Sept. 10th, 2011 from 6pm to 11pm.

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 August 22nd, 2011.

Witness my hand and Seal of the Borough of Brielle this 23rd day of August 2011.


_____________________
Thomas F. Nolan
Municipal Clerk
















Resolution No: 11-71-I Date: August 22nd, 2011

Resolution of the Borough of Brielle

Whereas: on August 16th, 2011, Yoga & U, Inc., 1101 Richmond Ave., Suite 202, Pt. Pleasant NJ 08742, submitted Raffle Application No. 2011-22 ID No. 54-437572, for a Gift Auction, to be held on the River Belle, 800 Ashley Ave., Brielle NJ 08730 on Saturday, Sept. 10th, 2011 from 6pm to 11pm.

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 August 22nd, 2011.

Witness my hand and Seal of the Borough of Brielle this 23rd day of August 2011.


_____________________
Thomas F. Nolan
Municipal Clerk

















Resolution No: 11-71-J
Date: 22 August 2011
CENTRAL JERSEY HEALTH INSURANCE FUND
RESOLUTION to RENEW

WHEREAS, a number of public entities in the State of New Jersey have joined together to form the CENTRAL JERSEY HEALTH INSURANCE FUND, hereafter referred to as "the FUND", as permitted by N.J.S.A. 11:15-3, 17:1-8.1, and 40A:10-36 et seq., and;

WHEREAS, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since that date, and;

WHEREAS, the statutes and regulations governing the creation and operation of a joint health insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such the FUND;

WHEREAS, the governing body of the Borough of Brielle, hereinafter referred to as "LOCAL UNIT" has determined that membership in the FUND is in the best interest of the LOCAL UNIT.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows:
i. Renew membership with the FUND for the period outlined in the LOCAL UNIT's Indemnity and Trust Agreements.

ii. Will participate in the following type (s) of coverage (s):

a.) Health Insurance and/or Dental insurance as defined pursuant toN.J.S.A. 17B:17-4, the FUND's Bylaws, and Plan of Risk Management.

iii. Adopts and approves the FUND's Bylaws.

iv. Execute an application for membership and any accompanying certifications.

BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND's Bylaws, and to deliver these documents to the FUND's Executive Director with the express reservation that these documents shall become effective only upon:

i. Approval of the LOCAL UNIT by the FUND
ii. Receipt from the LOCAL UNIT of a Resolution accepting assessment.
iii. Approval by the New Jersey Department of Insurance and Department of Community Affairs.

ADOPTED:
BY: Thomas B. Nicol ATTEST: Thomas F. Nolan
MAYOR / ADMINISTRATOR CLERK

 

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