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A Community by the River

Borough of Brielle, NJ


March 26, 2012

May 22 2012

March 26, 2012

PAGE 32
MINUTES MARCH 26th, 2012 WORK SESSION START: 7:32 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. The Administrator had no report, but he asked permission to add a resolution to the consent agenda to approve Raffle Application, RA2012-4, and he noted that there was a need for Executive Session.
There being no comments the work session was adjourned at 7:34 p.m. on a motion by Coun. Scott, seconded by Coun. Garruzzo.

PAGE 33
MINUTES MARCH 26th, 2012 START: 7:35P.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 March 12th, 2012 were approved on a motion by Coun. Shaak, seconded by Coun. Garruzzo; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 12-35 for Passage of the Consent Agenda.
Resolution:
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. (see insertion).
Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: In reply to an inquiry by William Brannick, 805 Schoolhouse Road, the Administrator explained that "A" & "B" permitted the budget process to go forward. "A" authorized the use of school tax collected in advance due to the fact that the Borough operated on a calendar year basis and the school on a fiscal year. "B" took advantage of the fact that, while the Borough anticipated a 98% tax collection rate, employing a lower rate would regenerate surplus and hopefully avoid the problems faced in 2012. "C" simply authorized the use of a facsimile signature (i.e. a stamp) when signing certain checks.
Coun. Visceglia, seconded by Coun. Gorham, introduced Resolution 12-36 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 March 26th , 2012, 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 34

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of "AN ORDINANCE TO AMEND SECTION 9-1.3A OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "CONSTRUCTION CODE PERMITS".

Coun. Shaak, seconded by Coun. Nolan introduced Resolution 12-41 for passage and introduction and first reading. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Shaak, seconded by Coun. Garruzzo, introduced Resolution 12-42 to authorize publication in the Coast Star for a hearing to be held on April 9th, 2012 at 7:30 pm at Borough Hall. Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye; no nays. Passed.

Coun. Visceglia was recognized and he advised the public that the budget being introduced was within caps and called for an increase of one and nine/tenths in the municipal rate. In view of the loss of ratables in 2011 ($40 million), this budget process has been hardest for me since becoming Finance Chairman.

Coun Visceglia went on to thank his colleagues, Coun. Garruzzo & Scott and the professional staff for their work in making the budget a reality.

The document will be published in the required synopsis form in the April 5th edition of the Cost Star and will be posted on the Borough's web-site. The budget shall be given a public hearing on April 23rd, 2012 @ 7:30 pm.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 12-43 Be It Resolved, that the following statement of revenues and appropriations ($6,020,792.12) shall constitute the Municipal Budget for the year 2012, Be It Further Resolved, that said budget be published in the Coast Star in the issue of April 5th, 2012. The Governing Body of the Borough of Brielle does hereby approve the following as the Budget for the year 2012. 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 advised the public that a shredder day would be held on Saturday, May 5th, in the municipal parking lot, in association with Manasquan, between the hours of 9:00am and 1:00 pm. Coun. Scott also reminded the public that Clean-up week would be held on their regular day of collection during the week of May 14th.

Coun. Scott noted that the Shade Tree Commission was considering planting the annual Arbor Day Tree at the Library this year. The Councilwoman also lamented the cutting down of trees at the Elementary School to permit the placement of solar panels, but she was pleased that the Commission and Superintendent Carlson had entered into a dialogue to try and remediate the problem.
Coun. Nolan reminded the public that the Library would observe its 90th Anniversary on June 3rd. Guest speakers, special events, food and music would all be part of the event.
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Turning to Recreation he advised that the North vs. South Competition would have sign-ups on Wednesday evening. He also cited Rick Trimble's Youth Baseball Clinic and the new Volleyball event scheduled for Monday evenings. Cost for participation was $20.00. Finally he reminded everyone that the Annual Easter Egg Hunt would take place on March 31st. In closing, Coun. Nolan thanked James Langenberger, the Borough's Representative to the MRHC#1 for his cogent reports.
None of the remaining council members, Garruzzo, Gorham, Shaak or Visceglia having reports, the meeting was opened to the public and William Brannick, 805 Schoolhouse Road asked when the budget would be available for review? The Administrator advised that a synopsis would be published in the Coast Star on April 5th and that he hoped to have it up on the web-site by Friday. Copies would be available for review in the Clerk's office starting tomorrow.
John Sheehan, 719 Schoolhouse Road, asked the Council to bring to the attention of the NJDOT, the need to upgrade the bridge over Route 35 and to repave that route. The roadway had not been paved since 1994 and motorcycles gunned their engines when they passed under the overpass, thereby causing an annoying sound and vibration which the neighbors found offensive; Mr. Sheehan had been asked to represent them and to bring their concerns to Council as well. Mr. Sheehan also provided the Council with a sample noise ordinance that addressed a similar problem in other communities.
Denise Ippolito, 800 Y2 Schoolhouse Road voiced her concerns over JCP&L cutting down all the trees along Route #35. This added to the noise, was unsightly and how it created the impression that the area was a dumping ground for unwanted articles such as beds and mattresses. She had been given kip service by the contractor who allegedly was retained to replant and clean-up the area, but so far nothing had transpired.
Mayor Nicol pointed out that the trees had been removed as part of a universal plan to prevent such trees from falling on electrical wires and creating power outages during storms, but he noted that Coun. Shaak had been on top of the issue.
Coun. Shaak stated that there was plan, he was privy to it, it called for an upscale system of plantings and it should be implemented in the near future. He added that many of the stumps had been left as scavengers often took them and eliminated the need for removal.

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There being no further public comments, Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 12-44.
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 November 28th, 2011, as follows:
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: "Professional Contracts" & "Personnel".
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, Shaak & Visceglia; a11 aye. No nays. Passed.
The Executive Session began at 8:02 p.m. and ended at 8:21 p.m. The session was adjourned on a motion by Coun. Scott, seconded by Coun. Nolan.
Coun. Garruzzo, seconded by Conn. Scott, introduced Resolution 12-45 to award a professional contract to BRB Valuation & Consulting Services. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Garruzzo, seconded by Coun. Visceglia, introduced Resolution 12-46 Be It Resolved, to authorize the promotion of part-time employee Carol McMenamy to full-time to replace a retiring full-time employee with an effective date of April 1st, 2012, and to authorize the reallocation of personnel resources, the matter to be made public when final implementation takes place. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
The meeting was adjourned at 8:24 pm on a motion by Conn. Shaak, seconded by Coun. Visceglia.
Approved: April 9th, 2012.


_____________________
Thomas F. Nolan
Municipal Clerk


Resolution No.: 12-39-A
Date: March 26th, 2012

RESOLUTION offered by Garruzzo seconded by Nolan that,

BE IT RESOLVED, by the Board of Commissioners of the Borough of Brielle,
County of Monmouth, that the Borough is hereby permitted to defer school tax, not to exceed 50% of the levy of $6,073,540.05.

WHEREAS, the current deferred school tax if $1,919,226.12, and

BE IT FURITIER RESOLVED, that an additional amount of $300,000.00 of unpaid school tax be deferred, bringing the total to $2,219,226.12.

BE IT FURIHER RESOLVED, that two certified copies of this resolution be forwarded to the Director of the Division of Local Government Services.

The Vote:

Aye: Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia

No: None


CERTIFICATION

The foregoing is a true copy of a Resolution passed by Brielle Mayor & Council at a meeting held on March 26th, 2012.

Witness my hand and seal of the Borough of Brielle this 27th day of March, 2012.


SEAL



___________________
Thomas F. Nolan
Municipal Clerk











Resolution No.: 12-39-B
Date: March 26th, 2012


A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF
BATELLE AUTHORIZING THE USE OF THE LAST THREE YEARS
COLLECTION RATE FOR THE CALCULATION OF THE RESERVE
FOR UNCOLLECTED TAXES


WHEREAS, the Division of Local Government Services allows a municipality to average the last three (3) years, in the computation of the appropriation reserve for uncollected taxes in the current budget; and

WHEREAS, the collection rate for the last three years was as follows:

2011 95.22%
2010 96.92%
2009 97.66%
Average 96.60%

NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Brielle, that 96.60% is used to calculate the appropriation reserve for uncollected taxes in the 2012 budget.

Moved By: Garruzzo
Seconded: Nolan

Vote: Comm. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; aye.

No nays. None abstained. Passed.


CERTIFICATION
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on March 26th, 2012.

Witness my hand and seal of the Borough of Brielle this 27th day of March 2012.

SEAL

_________________
Thomas F. Nolan
Municipal Clerk




Resolution No.: 12-39-C
Date: March 26th, 2012

SIGNATURE AUTHORIZATION AND INDEMNIFICATION AGREEMENT Reference Account No(s).: 12006007167
Account Holder: Borough of Brielle; Disbursement Account
Borough of Brielle , requests and authorizes OceanFirst Bank to process
Name of Account Holder
transactions up to a maximum amount of 3,000,000 Dollars ($3,000,000.00).
Amount
including withdrawals, checks, transfers and closures to the above referenced account(s), on the authority of the specimen signature or facsimile signature given below. Transactions greater than $3,000,000.00Amount
must be signed by the individual(s) designated on the corporate resolution on file with the Bank at the time of the transaction.
The undersigned acknowledges that OceanFirst Bank cannot determine by examination of a specimen or facsimile signature whether or not it was made by an authorized individual.
The undersigned requests that OceanFirst Bank recognize the use of a specimen of facsimile signature as an accommodation to the undersigned and for our convenience.
The undersigned hereby assumes full responsibility for all payments made by the Bank in good faith in reliance upon the facsimile signature and agrees to defend, indemnify and hold harmless OceanFirst Bank, its successors and assigns, agents and employees from and against any losses, costs, expenses, liability or damages the Bank may incur in connection with transactions made by specimen or facsimile signature or otherwise, where such transactions were handled by OceanFirst Bank without negligence.

Authorized or Facsimile Specimen Signature(s)


RESOLUTION No.: 12-39-D
Date: MARCH 28th, 2011


BOROUGH OF BRIELLE

RESOLUTION


WHEREAS, LARMA CORPORATION, INC., WITH PREMISES LOCATED AT 622 GREEN AVENUE, HAS MADE APPLICATION FOR THE RENEWAL OF SEASONAL LIQUOR LICENSE #1308-34-003-005, FOR THE LICENSE PERIOD MAY 1st, 2012 THROUGH NOVEMBER 30TH, 2012 INCLUSIVE, AND

WHEREAS, THE APPLICATION BEING COMPLETE, $1,650.00 FEE PAID TO THE BOROUGH OF BRIELLE, $200.00 FEE DUE TO THE STATE OF NEW JERSEY DIVISION OF ALCOHOLIC BEVERAGE CONTROL BEING ENCLOSED AND ALL MUNICIPAL AUTHORIZATIONS BEING IN PLACE, AND

WHEREAS, THERE HAVE BEEN NO OBJECTIONS LODGED TO THE RENEWAL OF THIS LICENSE.

NOW THEREFORE BE IT RESOLVED, THAT THE MUNICIPAL CLERK IS
HEREBY AUTHORIZED TO ISSUE SAID LICENSE, AND

BE IT FURTHER RESOLVED, THAT DELIVERIES MAY COMMENCE ON APRIL 15th, 2012, WITH THE UNDERSTANDING THAT NO SALES CAN BE MADE PRIOR TO MAY 1st, 2012.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION, ADOPTED BY THE BRIELLE MAYOR & COUNCIL, AT A MEETING HELD ON MARCH 26th, 2012.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 27th DAY OF MARCH, 2012.


SEAL
____________________
THOMAS F. NOLAN
MUNICIPAL CLERK




Resolution No: 12-39-E Date: March 26th, 2012

Resolution of the Borough of Brielle

Whereas: on March 12th, 2012, Brielle Community Library Assoc., 610 South Street, Brielle, NJ 08730, submitted Raffle Application No. 2012-4 ID No. 1-5-39452, for an off-site 50/50 cash raffle, to be held at Brielle Public Library, 610 South Street, Brielle NJ 08730 on Sunday, June 3rd, 2012 from 1-5pm.

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 March 26th.

Witness my Hand and Seal of the Borough of Brielle this 27th day of March 2012.


_______________________
Thomas F. Nolan
Municipal Clerk

 

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