Borough of Brielle, NJ
| February 27, 2012
February 27, 2012
MINUTES FEBRUARY 27TH, 2012 WORK SESSION START: 7:30 PM
PRESENT: MAYOR NICOL, COUN. GARRUZZO,NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR.
Mayor Nicol convened the work session in compliance with the Open Public Meetings. The Administrator having no report the Mayor read the following Proclamation:
WHEREAS, the Cub Scouts recently held the annual "Pine Wood Derby", and
WHEREAS, the following competitors distinguished themselves during that event:
Nick Noe Overall Fastest
Zach Waldman Second Fastest
Ian Stark Third Fastest
WEBELOS Ian Stark Fastest Tiger Car
Matthew Laufer Second Fastest
Wesley Perk Third Fastest
WOLF SCOUTS Kevin Payne 1st Place
Matthew Payne 2nd Place
Alek Polesky 3rd Place
BEAR SCOUTS Zach Waldman 1st Place
Aidan Accisano 2nd Place
Brandyn Speicher 3rd Place
WEBELOS Stephen Speicher 1" Place
Jack Deegan 2nd Place
R.J. Hendricks 3rd Place
Zach Waldman Best Craftsmanship
Kevin Arnold Most Original
Alex Polesky Driver's Choice Award
WHEREAS, it is both proper & fitting that these young men be recognized for their achievements.
NOW, THEREFORE BE IT PROCLAIMED, THAT February 27th, 2012, a “Pinewood Derby day in the Borough of Brielle.
The Mayor then presented Deputy Mayor Caps, along with framed copies of the proclamation to the winners of the Pine Wood Derby. The Mayor termed the derby "an amazing family event” that brought fathers and their children together for a day of shared recreational fun.
The Mayor then read a Proclamation to honor Richard L. Scott, Jr.
Whereas, Richard L. Scott, Jr. has served the Borough of Brielle in a variety of capacities since the 1970’s, as author of the first Natural Resource Inventory, Chairman of the Brielle Planning Board, Chairman of the Brielle Environmental Commission, a Founding member of the Brielle Historical Society, Un-Official Member of the Brielle 10K Race Committee where his black powder-cannon signaled the start of the event for over twenty years, and
Whereas, throughout his career, Richard L. Scott, Jr. has exhibited a self-less commitment to family & community that have made him a model husband, father, grandfather and dedicated public servant and whose practice of American values has served Brielle well over the years as he labored unceasingly to foster the well being of his fellow citizens and not for individual gain, and
Whereas, whether in service of his country by bearing arms in World War II, or in service of community as evidenced by his myriad contributions to Brielle, Richard L. Scott, Jr. has always stood as an example of how great we can be when we put others before ourselves.
Now Therefore Be Proclaimed, that Monday, February 27th, 2012 be observed as Richard L. Scott, Jr. Day in the Borough of Brielle, and
Be It Further Proclaimed, that all residents of the Borough join the Mayor and Council to celebrate the career of this extraordinary gentleman.
The Mayor congratulated Mr. Scott on his career and contributions to Brielle.
Former Councilman Richard Bolger, 2 Waters Edge, added his appreciation for Mr. Scott's contributions and cited the reference to his military career that it felt was appropriate; he urged Council to consider doing more to honor veterans for their service, in particular, since Memorial Day was just around the corner.
There being no further comments the work session was adjourned at 7:44 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.
MINUTES FEBRUARY 27th, 2012 START: 7:35P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the February 13th, 2012 were approved on a motion by Coun. Scott, seconded by Coun. Garruzzo; all aye; no nays. Passed. (Note: Coun. Nolan & Visceglia abstained).
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 12-27 for passage of the Consent Agenda.
A. (see insertion).
B. To authorize the release of Performance Bond in the amount of $127,800.00, issued by Lincoln General Insurance Company, Bond #SUR009531, on behalf of Premier Development Group at Brielle LLC.
C. To authorize Development Group, with $3,100.00 of the aforementioned amount being retained subject to final review of the lighting plan.
Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 12-28 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 February 27th, 2012, 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 AN ORDINANCE AMENDING CHAPTER 21 THE CODE OF THE BOROUGH CODE ENTITLED "EXEMPT SIGNS NOT REQUIRING BUILDING PERMIT".
The hearing was opened on a motion by Coun. Scott, seconded by Conn. Garruzzo.
The Administrator explained that the ordinance permitted realtors to place one directional sign on property being marketed during an "open house" event.
Bruce Shapiro of the New Jersey Association of Realtors, 295 Pierson Avenue, Edison, thanked the Council for what he termed "a good compromise".
Mary Lou Bolger, 2 Waters Edge, asked how long the signs would be up. She was advised two hours before and one hour after an open house event.
The hearing was adjourned on a motion by Coun. Scott, seconded by Coun. Garruzzo.
Coun. Scott, seconded by Coun. Nolan introduced Resolution 12-29 for passage and adoption on second and final reading. Vote: Coun. Garruzzo, Nolan, Scott; all aye. No nays. Passed.
Coun. Garruzzo, Shaak & Visceglia abstained.
Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 12-30 to authorize publication of passage and adoption 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 and further consideration, in compliance with Local Bond Law, of "REFUNDING BOND ORDINANCE OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $529,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING BONDS, SERIES 2012, FOR THE PURPOSE OF PAYING AMOUNT OWING THE TAXPAYERS FOR TAXES LEVIED IN THE BOROUGH AND APPROPRIATING THE PROCEEDS OF SUCH REFUNDING BONDS TO SUCH PURPOSE".
The hearing was opened on a motion by Coun. Shaak, seconded by Coun. Visceglia.
The Administrator explained that Borough has lost approximately 40 million dollars in ratables due to tax appeals. This equated to a $668,000 lose in revenue that directly impacted on the surplus available to stabilize the tax rate.
The Administrator went on to explain that in the 2011 budget of $7,937,865.69, $5,827,611.00 was actually raised by taxes. $800,000 came from surplus, $730, 254.69 from Miscellaneous Anticipated Revenues and the balance of $580,000 from receipts from delinquent taxes.
(Note: numbers were rounded to facilitate the discussion and public understanding i.e. 2011 budget $7.9 million.)
To make up the shortfall in surplus the Borough was requesting that the Local Finance Board permit them to market a note aka. "Refunding Bonds" in the amount of $529,000.00. $15,000 being for ancillary costs associated with preparation and sale of the note. The influx of $514,000 in cash would not completely resolve the problem, but without these funds the Borough was in a difficult position.
The Administrator added that the payments would be spread out over five years and both the C.M.F.O. & Auditor believed that the number was manageable and would not adversely impact the Borough.
Councilman & Finance Committee Chairman John Visceglia added that the Borough hoped to liquidate this new obligation as quickly as possible and looked forward to a more stable economy and housing market. This unfortunate loss of ratable had not been anticipated and the Borough was committed to doing everything in its power to address the matter in a fiscally responsible manner.
William Brannick, 805 Schoolhouse Road, took exception to the Administrators figures. He noted that he cited $668,000 in lost revenue, but the paper reported $890,398.96.
The Administrator explained that the higher figure had been based on appeals secured from the Tax Collector in the preparation of the application to the Local Finance Board. That data indicated approximately $450,000 due to reductions from the County Board of Taxation, $68,000 from State Tax Court and the balance from a Sui Generis case. He had taken the 40 million lose in ratables, applied the value of a penny and come up with the $668,000. In any event the shortage was substantial.
A discussion arose as to whether or not the school could assist the Borough by using their surplus and/or reducing their budget to provide the municipality with some relief.
Attorney Montenegro explained that so long as the school keeps to a 2% growth rate their budget will not be voted upon and state legislation limits the amount of surplus they could have on hand.
Coun. Shaak interjected that Manasquan High School had just raised tuition and as a sending district, Brielle had no choice except to pay the bill.
Jane Hendricks, 615 Leslie Avenue, informed the Council that an Attorney had been sending out letters promising to reduce assessments. She advised them to be prepared for even more tax appeals. She assumed that this Attorney would make a handsome profit.
Attorney Montenegro was asked to provide an overview of the appeal process and he explained that an individual could only appeal their assessed value, not the amount of taxes paid. They had to provide at least three comparable sales to the County Tax Board. If an assessment was over a million dollars an individual could appeal directly to the State Tax Court.
If an applicant was successful in his appeal then the "freeze law" applied. The municipality could not increase the assessment for a three year period, unless there was a revaluation. The Usual protocol was that the attorney received the value of one year's savings on an appeal, the homeowner the other two years. The filing cost was $100.00. If an appraiser was employed he had to be made available on the day of the hearing so that he could be cross-examined.
Richard Bolger, 2 Waters Edge, said that he thought that when an assessment was reduced the savings received by one resident was spread out amongst the rest? Council noted that, while it was technically true taxes sufficient to meet the cost of operating the Borough still had to be raised so the more successful appeals the higher the taxes.
The Administrator interjected that, with the 2% CAP on the tax levy, municipalities no longer had that option to simply pass on increase cost.
Mary Lou Bolger, 2 Waters Edge, offered that the State should increase state aid to address this problem or at least entertain a software program to provide an adjustment to everyone's assessed value on an annual basis, thus making for a more equitable arrangement and reducing the need for so many appeals.
She lamented the fact that all too often, as in the case of the Riverview Drive speed limit, policy is determined by the State or County authorities and not the local community. Ms. Bolger also felt that the school should share equally in the loss of revenues due to tax appeals.
Attorney Montenegro reiterated that the school levy was not impacted by this problem and their surplus was already being regulated; he added that any new software program would require state approval.
The hearing was adjourned on a motion by Coun. Scott, seconded by Coun. Nolan.
Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 12-31 for passage and adoption on final reading of the foregoing ordinance in compliance with local bond law. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Scott, seconded by Coun. Visceglia, introduced Resolution 12-32 To authorize publication of the passage and adoption of this Bone Ordinance in the Coast Star, in accordance with Local Bond Law. Vote: Coun. Garruzzo, 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 "CALENDAR YEAR 2012: AN ORDINANCE TO EXCEED THE MUNICIPAL APROPRIATION LIMITS AND TO ESTABLISH A CAP BANK".
Coun. Scott, seconded by Coun. Visceglia, introduced Resolution 12-33 For passage on Introduction and first reading. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Visceglia introduced Resolution 12-34 to authorize publication on passage and first reading in the Coast Star for a hearing to be held on March
12th, 2012 at 7:30 pm. at Borough Hall. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then read the following proclamation re: Developmental Disabilities Awareness Month:
WHEREAS intellectual and developmental disabilities are conditions which affect more than 7 million Americans and their families;
AND WHEREAS Public awareness and education enhance a community’s understanding of the issues affecting people with intellectual and developmental disabilities;
AND WHEREAS people with intellectual and developmental disabilities can be vital and vibrant members of our communities, improving the quality of life for all of us;
AND WHEREAS the month of March has been designated Developmental Disabilities
Awareness Month by the state of New Jersey with 20 chapters of The Arc undertaking public awareness, educational and fundraising initiatives;
AND WHEREAS The Arc of Monmouth serves over 1400 individuals with intellectual disabilities throughout Monmouth County and advocates for and with people with intellectual and developmental disabilities and their families;
AND WHEREAS The Arc of Monmouth is celebrating 63 years of service to families and individuals throughout Monmouth County;
THEREFORE, Honorable Thomas B. Nicol, Mayor of Brielle does hereby proclaim March 2012 as
DEVELOPMENTAL DISABILITIES AWARENESS MONTH
In the town of Brielle, New Jersey and urges that the citizens of Brielle, New Jersey give full support to efforts towards enabling people with intellectual and developmental disabilities to live full and productive lives of inclusion in our communities.
The Mayor then called for committee reports and recognized Coun. Scott who had no detailed report, but reminded the public not to put leaves at the curb until April 1st.
Coun. Nolan reminded the public that the Three on Three Basketball Tournament would take place on Friday March 2nd at 5:00 pm at the Elementary School. He also cited the Sunday Ski Trip to Blue Mountain as a great success. Coun. Nolan also informed the assembly that the Library now had passes for the Garden of Sculpture in Hamilton, N.J.
In closing Coun, Nolan praised "Rick" Scott for his guidance and support over the years in particular for his mentoring of Mr. Nolan on environmental issues.
Coun. Garruzzo informed the public that during the late evening hours of February 22th, three acts of criminal mischief occurred in the Crescent Drive area. Two residents reported broken windows in motor vehicles and one victim reported a broken window in a detached garage. The rocks used to commit the offense were of minimum size and have been recovered. Similar incidents occurred in neighboring towns. Anyone with information on these incidents should contact Detective Sergeant James Stewart.
Coun. Shaak advised the public that JCP&L would be replacing the trees removed along Route #35 with a mix of new trees and plantings. The old trees were interfering with the transmission lines into Point Pleasant, but the upgrade should prove an improvement; he added that NJDOT was considering a similar upgrade of the Route #35 corridor into Brielle.
Coun. Shaak also cited a meeting with the new owner of the Brielle Marine Basin and was please to report that there was no talk of condominiums, but rather the desire to create a world class marina.
In closing, Coun. Shaak was pleased to report that he had been in touch with the contractor retained to re-program the fire and first aid siren to keep them silent during the period 10:00 pm to 6:00am. The work was scheduled for later this week.
Coun. Visceglia having no report the meeting was open for public comment.
Janet Hendricks, 615 Leslie Avenue, asked Coun. Garruzzo what the status was on finding the culprit who had entered her home in January and taken $350.00. A similar break-in had taken place at 2 Crescent but neither event had been published in the police blotter. She felt that the public should be made aware of such events.
Mary Lou Bolger, 2 Waters Edge, cited her recent experiences with the County Dispatch wherein she has been unsuccessful in making timely contact with the police when she witnessed a crowd of young men milling about the parking lot of her development and again when she witnessed children jumping off the Green Avenue Bridge into shallow water. The police had arrived in a timely manner once contacted, but the dispatcher kept asking questions that delayed their response. Ms. Bolger suggested a more local shared dispatch to consist of Brielle, Manasquan & Sea Girt whose personnel would be more familiar with the area.
Coun. Shaak pointed out that while those questions were being typed into the electronic system, the police were simultaneously receiving the information, so they were aware of the problem almost immediately.
Richard Bolger, 2 Waters Edge, backed up his wife's observation and added that the Council should consider stripping Fisk Avenue as the lack of a clear delineation made the two-way street a hazard. He also noted that the yellow curbs needed to be repainted.
Janet Hendricks, 615 Leslie Avenue, asked what happens to perpetrators if apprehended. Are the parents made to pay damages?
The Attorney explained that, if over 18, they go to criminal court and a judge can assess damages. A civil remedy is also available to the victim.
If under 18 the court might be able to hold the parents accountable if a pattern of abuse can be established; he added that a civil remedy was also available in such cases. Mr. Montenegro also noted that, when under age 18, the child is usually released to the custody of the parents rather than confined.
Carol Smith, 21 Lebanon Drive, was recognized and she explained that her son Eric had been guilty of spraying graffiti in Brielle Park and he wished to apologize to the Governing Body. Eric's letter was a moving assertion of his regret for his actions and a firm commitment to refrain from such behavior in the future.
The Council and Mayor Nicol in particular, were deeply impressed. The Mayor noted that since first becoming a member of the Council in 1984 this was the first time he had ever heard an apology for such misbehavior. He told Eric that he should be proud of accepting Page 27
responsibility for his actions and his conduct in doing so indicated a firm purpose of amendment.
Eric was urged to put the matter in the past and go on with his life being a better man for realizing that there are consequences for one's actions.
The assembly applauded Eric for his actions and his mother Carol's commitment to teaching her son a valuable life lesson. Many regretted that not all parents shared Carol's belief in doing the right thing.
The meeting was adjourned at 8:49 pm on a motion by Coun. Shaak, seconded by Coun. Visceglia.
Approved: March 12th, 2012
__________________________ Thomas F. Nolan, RMC
Resolution No: 12-27-A
Date: February 27th, 2012
SEA GIRT BOROUGH
EMERGENCY MANAGEMENT DEPARTMENT
COUNTY OF MONMOUTH
STATE OF NEW JERSEY
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
AGREEMENT BETWEEN THE BOROUGH OF SEA GIRT AND THE
NEIGHBORING COMMUNITIES OF SPRING LAKE, SPRING LAKE
HEIGHTS, MANASQUAN, BRIELLE AND WALL TOWNSHIP TO
PROVIDE ASSISTANCE FOR EMERGENCY MANAGEMENT
WHEREAS, the Borough of Sea Girt wishes to enter into an Interlocal agreement with the neighboring communities Emergency Management Departments of Spring Lake, Spring Lake Heights, Manasquan, Brielle and Wall Township each located in the County of Monmouth, in the State of New Jersey,
WHEREAS, the Interlocal Agreement between the municipalities will be known as the Emergency Management Interlocal Agreement; and
WHEREAS, this agreement is created pursuant to NJSA 40:8A-1 et seq. and is adopted as a reciprocal agreement between the municipalities participating therein; and
WHEREAS, this agreement is in concert with the State of New Jersey Best Practices followed and represented within the Borough of Sea Girt.
WHEREAS, the municipalities will provide needed and necessary resources in relation to Emergency Management for the Borough of Sea Girt. These resources will be provided if able to when called upon. The assistance can come in the form of any of the annexes within our Emergency Operations Procedures on file with the County of Monmouth and the State of New Jersey. These annexes include: ANNEXES
Alert, Warning and Communication, Damage Assessment, Emergency Medical, Emergency Operations Center, Emergency Public Information, Evacuation, Fire and Rescue, Hazardous Materials, Law Enforcement, Public Health, Public Works, Radiological Protection, Resource Management, Shelter, Social Services, Reception and Care.
WHEREAS, any cost for services or billable equipment for the request by above municipality within the Borough of Sea Girt will be billed and charged to the Borough of Sea Girt for such Emergency Management need.
WHEREAS, the Emergency Management Departments of the Borough of Sea Girt, Spring Lake, Spring Lake Heights, Manasquan, Brielle and Wall Township have consented to, authorized and approved such Interlocal agreement; and
NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Sea Girt, County of Monmouth, State of New Jersey, hereby authorizes the Mayor and Clerk to execute said Inter Local Agreement for the towns listed within as approved by the Borough Attorney to include the terms set forth herein; and
BE IT FURTHER RESOLVED that the Mayor and other Borough officials are hereby authorized to sign any documents necessary to effectuate this agreement.
Emergency Management Coordinators Signatures Mayor and Borough Council Signatures
Attest: ________________________ ______________________
Thomas F. Nolan Thomas B. Nicol