Borough of Brielle, NJ
| May 14, 2012
May 14, 2012
MINUTES MAY 14th, 2012 WORK SESSION START: 7:32 PM
PRESENT: MAYOR NICOL, COUN. GARRUZZO, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
Mayor Nicol convened the work session in compliance with the Open Public Meetings. The Administrator had no report, but he advised that representatives of Colonial Electric were present to provide the Council with an overview of the residential electricity program. (See attached hard copy of power point presentation).
Present were Brian Murphy, President and Mark Cappadona of Colonial Power and their two local representatives Dave Campbell & Cory Cole.
Subsequent to the presentation the floor was opened for questions. Coun. Garruzzo ask if there was any reason why a potential customer would say "no" to this concept. Mr. Murphy replied "no, not yet".
Coun. Nolan asked if JCP&L received any financial compensation for additional work. Mr. Murphy explained that they maintained the infrastructure so there was no additional work except for gathering data relative to each user. However, Colonial Power was responsible for those costs and there was no cost to the Borough. Mr. Murphy went on to state that there would be no surprises, such as additional fees, to the consumer. The cost of bidding was built into the percent of the transaction received by Colonial as the Borough's agent in the procurement process.
Mayor Nicol asked what savings their current customer base in Massachusetts had realized. Mr. Cappadona replied that the rate structure was different in Massachusetts and was more volatile due to the shorter term of the contract. While they were restricted to a six month cycle, New Jersey permitted one year.
However, during their ten years of operation the rate had ranged from 1% to 15%, so the average savings was about 5%.
Coun. Visceglia noted that utility rates frequently changed during the course of a year. Was a flat annual price possible? Mr. Murphy said it was.
Coun. Shaak inquired about the opt-out clause cited in the presentation and he asked if a resident could exercise this right at any time during the contract. Mr. Murphy replied yes, with thirty days notice.
Mayor Nicol asked if additional discounts could be made available to the Fire Company & First Aid Volunteer Organizations. Mr. Murphy was not sure, but Mr. Cappadona believed that they could be built in to the contract.
Coun. Nolan asked if they had any clients with populations similar to Brielle in Massachusetts. Mr. Murphy said that they populations ranging from 3,000 to 10,000.
In response to Coun. Nolan's inquiry, Mr. Murphy reiterated that nothing changed but the source of the power. JCP&L would continue to be responsible for metering, billing, and all repair work.
Attorney Montenegro asked if viable to bring a number of towns into such a venture as a shared service? Mr. Murphy felt that it could be down the road, but it would be more cost effective to provide a model and have a system in place prior to bringing others on board.
Coun. Visceglia asked why commercial accounts represented 87% of users as opposed to 12% for residential clients.
Mr. Murphy explained that commercial usage was easily obtainable as hard data as it was one central location. Residential consumption initially was a "guesstimate". However, hard data would be available after the program was up and running.
The Administrator asked if, in essence, Colonial Power was a professional service excluded from the bid statute. They in turn would undertake to bid for power and procure the Borough residents the best price? Mr. Murphy replied in the affirmative.
The meeting was opened to the public and William Brannick, 805 Schoolhouse Road, voiced a concern over the opt-out provision that required each residence to reply by letter, or post card that they did not wish to participate; he felt it could cause confusion, in particular among the senior citizens, who would think that the Borough was terminating their relationship with JCP&L.
Mr. Murphy advised that Colonial would take full responsibility for an outreach program to ensure that residents understood the procedure and its benefits. He added that in those communities where the program had been implemented the opt-out number ranged 2% to 3%. In most cases 98% of residents opted in.
Jim Stenson, 810 Rankin Road, asked about those residents who already had a relationship with another provider. Mr. Murphy explained that they would not receive an opt-out notice, but they could opt-in at any time.
The consensus of Council was for the Borough Attorney & Administrator to pursue this matter and report back to the Governing Body.
There being no further comments the work session was adjourned at 8:09 p.m. on a motion by Coun. Scott, seconded by Coun. Nolan.
MINUTES MAY 14th, 2012 START: 8:10P.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 April 23rd, 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 12-60 For Passage of the Consent Agenda.
A. (see insertion)
B. (see insertion)
C. To authorize the Administrator to issue the 2012 Pool Licenses.
D. (see insertion)
E. (see insertion)
F. To authorize the renewal of the Employee Assistance Agreement (EAP) with Mark White for the period 6/1/12 through 5/31/13.
G. (see insertion)
H. To award a contract to "Down To Earth" Landscaping for maintenance of the improved areas of Brielle Park.
Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: Coun. Visceglia abstained on "A". William Brannick, 805 Schoolhouse Road, inquired about "H" and was advised that quotes had been obtained due to the newness of the sod and infield materials. The Borough would have required a new mower and a major investment of manpower when the staff was already short two workers. This approach was being tried and would be reviewed next year, at which time the Borough might resume the responsibility).
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 12-61 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 May 14th, 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.
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of a 'BOND ORDINANCE PROVIDING AN APPROPRIATION OF $400,000 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $380,000.00 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APPROPRIATION".
The hearing was opened on a motion by Coun. Scott, seconded by Coun. Nolan.
The Administrator advised that the ordinance permitted the Borough to fund the capital items listed in the 2012 budget; he added that the ordinance would be amended to omit the $12,000 lawn mower and add that money to the recycling equipment appropriation. This move would enable the Borough to eliminate the existing bins that were becoming a liability due to new NJDEP Regulations on leeching and would maximize the use of manpower.
Coun. Scott agreed that the conversion was the right move and it had been in the planning phase for a number of years. In addition to keeping the Borough in compliance with NJDEP and saving on manpower, the change would have a positive impact on the overall appearance of the facility.
The hearing was closed on a motion by Coun. Shaak, seconded by Coun. Visceglia.
Coun. Shaak, seconded by Coun. Garruzzo, introduced Resolution 12-61 For passage and adoption on final reading in accordance with Local Bond Law. Vote: Coun. Garruzzo, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Scott, seconded by Coun. Nolan, introduced Resolution 12-62 To authorize publication of passage and adoption 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 recognized Coun. Scott who advised the public that leaf collection had now ended and Clean-up Week had begun. The removal of material was tied to the regular day of collection, but a final sweep of the Borough would be made at the end of the week. While, Coun. Scott had yet to receive the report on “Shredder Day", she had every reason to believe that it had been a success.
Coun. Nolan reminded the public that Saturday, June 3rd the Library would host its Centennial from 1:00 pm to 4:00pm. The music of Pat Roddy and a food court would be among the highlights of the event. Coun. Nolan also cited the up-coming North/South Challenge. The day would begin with a tennis match between Coun. John Visceglia and Board of Recreation Chairman John Devereux.
In 2011 the event raised $10,000 to benefit a local resident. This year they hoped to raise a similar amount for Bobby Valentine, a young boy suffering from seizures who, coincidently experienced his first last year at this very event.
In closing Coun. Nolan thanked Borough Historian John E. Belding for informing him that the Railroad Bridge over the Manasquan River would be one hundred years old this year.
Coun. Garruzzo advised the public that on May 11th, the Police began an investigation into a possible child luring. The officers are looking for a white two door vehicle with a cracked light on the left side. Alerts have been issued to surrounding municipalities. Residents taking advantage of the warm weather to enjoy their backyards were reminded to keep their front doors locked.
In closing Coun. Garruzzo observed that during the month of April the police arrested thirteen individuals. They included 6 DWI, for warrants, 2 Criminal Mischief, and 1 for possession of drug paraphernalia. In addition 7 motor vehicle accidents were investigated and the Police responded to 28 First Aid calls and 20 alarm activations.
Neither Coun. Shaak or Visceglia having reports the meeting was open to the public.
James Langenberger, 618 Bradley Avenue, cited his visit to former Administrative Assistant Sherri Hopkins who was recovering from knee replacement surgery. Sherri was doing well and visitors were welcome.
John E. Belding reminded the Council the 7th annual Decoration Day Memorial Observance would be held on May 27th @ 2:00 pm at the Osborn Family Cemetery.
There being no further comments, the meeting was adjourned at 8:29pm on a motion by Coun. Shaak, seconded by Coun. Visceglia.
Resolution No.: 12-59-A
Date: May 14th, 2012
Borough of Brielle Resolution
Whereas, application has been made for the renewal of liquor license #1308-33-008-001, and
Whereas, the application is complete, the $2,225.00 fee due to the Borough and the $200.00 fee due to the State of New Jersey, Division of Alcoholic Beverage Control, have been received, and all other municipal requirements have been met, and
Whereas, no objections to the renewal of this license have been received.
Now Therefore Be It Resolved, that the application of the Manasquan River Golf Club, for premises located at 847 Riverview Drive (P.O. Box 505), Brielle, New Jersey, is hereby approved and the Clerk of the Municipality is authorized to deliver said license to the holder for the License Year July 1st, 2012 through June 30th, 2013.
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on May 14th, 2012.
Witness my hand and seal of the Borough of Brielle this 15th day of May 2012.
Resolution No.: 12-59-B
Date: May 14th, 2012
THE NEW JERSEY/NEW YORK CLEAN OCEAN ZONE
WHEREAS, the New York/New Jersey Bight is defined as the waters from Montauk Point, New York, to Cape May, New Jersey, offshore to the outer edge of the Continental Shelf (to depths of 1,000 fathoms), consisting of over 19,000 square miles of the Mid-Atlantic Ocean; and
WHEREAS, the diversity of life in the NY/NJ Bight is unique in the world; more than 300 species of fish, nearly 350 species of birds, 5 species of sea turtles, and many marine mammals (including over 20 species of whales and dolphins, 1 species of porpoise, and 4 species of seals) frequent this region and the habitat found in the NY/NJ Bight serves as an essential migratory pathway for many of these species; and
WHEREAS, this ecological richness depends on protecting the quality of the environment; and
WHEREAS, the NY/NJ Bight sustains the economy of the region through its bounty of natural resources and intrinsic values for millions of people through tourism and recreation and is home to the nation’s largest commercial port on the east coast and the thousands of industries related to, and dependent on, tourism and trade; and
WHEREAS, recreational and commercial fisheries provide enormous economic benefits, both in food production and recreational activities, therefore the continued use of these renewable natural resources in accordance with existing laws must be supported and enhanced; and
WHEREAS, our waters were known as the “ocean-dumping capitol of the world” due to eight ocean dumpsites, including an area called the “dead sea” (a 20-mile area created by excessive sewage and toxic muck dumping), beaches were littered with garbage, medical waste, and sludge balls, and water quality was so poor that it was unsafe for swimming. These activities all caused an ecological and economic crisis; and
WHEREAS, organizations, businesses, and citizens rallying to defend these precious resources and working to improve and protect the waters of the NY/NJ Bight, resulted in an end to ocean dumping and dramatically improved water quality, proves that citizens can positively impact their quality of life; and
WHEREAS, the NY/NJ Bight is downstream of, and receives pollution from, the most densely populated, industrialized, and urbanized area in the country which spews millions of gallons of contaminated wastewater and toxic sediments into the ecosystem each year threatening the vast ecological richness of the Bight and public health; and
WHEREAS, the NY/NJ Bight continues to be vulnerable to polluting and industrializing activities on a permit-by-permit basis, which is unproductive, and not sustainable. These destructive activities undermine the ecological and economic potentialities to sustain living marine resources in the NY/NJ Bight and must be prohibited; and
WHEREAS, current federal, state, and local laws and regulations are insufficient to protect the vast value of this ocean region and its living marine resources from pollution and habitat-destroying activities, and our elected officials must strive harder to protect the NY/NJ Bight; and
WHEREAS, it is time to lock-in the tremendous path of progress which has led to far-reaching improvements in our ocean water quality and lock-out environmentally harmful activities, thereby ensuring the continued economic and ecological value of the ocean today and for future generations; and
WHEREAS, a logical and essential next step is to use federal and state regulatory and legislative opportunities to designate the NY/NJ Bight as the "New Jersey/New York Clean Ocean Zone," which would:
1. Prohibit new ocean dumpsites.
2. Mandate capping of the Historic Area Remediation Site (HARS) -- formerly the Mud Dump Site -- with progressively cleaner sediment to ensure the remediation of the HARS and to protect against adverse ecological effects.
3. Prohibit new point sources of pollution (under the federal Clean Water Act definition) and increases of discharge capacity (e.g., wastewater discharge outfalls, industrial discharges).
PROTECT MARINE ECOSYSTEMS:
4. Protect valuable sand and gravel resources by prohibiting industrial strip-mining, while allowing beach replenishment activities.
5. Prohibit industrial and non-renewable energy facilities and infrastructure, including oil and gas exploration, development, and production, and liquefied natural gas import/export facilities.
6. Require the development of responsible regulations for siting renewable energy facilities and ensure that any leases, easements, right-of-ways, or permits issued to establish a renewable energy facility do not unreasonably degrade or endanger human health or the marine environment individually or cumulatively.
SUPPORT MARINE RESOURCES & USES:
7. Support recreational and commercial fishing by acknowledging that federal and state laws for fisheries exist. Prohibit the COZ legislation from being used to adopt or enact fisheries management actions for recreational or commercial fishing.
8. Support approved federal and state artificial reefs, and support underwater scientific and historic research and exploration that does not adversely affect the ecosystem.
9. Support, celebrate, and sustain maritime activities that depend on a healthy and clean ocean, such as boating, underwater diving, fishing, surfing, swimming, and the enjoyment of the sea. The COZ legislation will not be used to restrict or limit these activities.
THEREFORE, BE IT RESOLVED that, on this date, May 14th, 2012, The Borough of Brielle hereby supports the New Jersey/New York Clean Ocean Zone that would permanently protect the waters of the New York/New Jersey Bight from the aforementioned polluting and habitat-destructive activities, thereby safeguarding the waters in this region for present and future generations.
Authorized by: _________________________
Thomas F. Nolan
Resolution No: 12-59-D Date: May 14th, 2012
Resolution of the Borough of Brielle
Whereas: on May 14th, 2012 Friends of the American Cancer Society of NJ , 2600 Rte 1, North Brunswick, NJ 08092 submitted Raffle Application No. 2012-10 ID, No. 347-04-34818 for an 50/50 raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle NJ 08730 on Monday, July 16th, 2012 at 7:30pm.
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.
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 May 14th, 2012.
Witness my Hand and Seal of the Borough of Brielle this 15th day of May 2012.
Thomas F. Nolan
Resolution No.: 12-59-E
Date: May 14th, 2012
RESOLUTION FOR MEMBER PARTICIPATION
IN A COOPERATIVE PRICING SYSTEM
A RESOLUTION AUTHORIZING THE BOROUGH OF BRIELLE TO ENTER INTO A COOPERATIVE PRICING AGREEMENT
WHEREAS, N.J.S.A 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and
WHEREAS, the Southeast Monmouth Municipal Utilities Authority, hereinafter referred to as the “Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services;
WHEREAS, on May 14th, 2012 the governing body of the Borough of Brielle, County of Monmouth, State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services;
NOW, THEREFORE BE IT RESOLVED as follows:
This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Southeast Monmouth Municipal Utilities Authority.
Pursuant to the provisions on N.J.S.A. 40A:11-11(5), Stephen Mayer, the Chief Executive Officer is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.
The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of revised statues of the State of New Jersey.
This Resolution shall take effect immediately upon passage
Thomas B. Nicol, Mayor
ATTEST BY: __________________________________
Thomas F. Nolan, Municipal Clerk
Resolution No.: 12-59-G
Date: May 14th, 2012
A RESOLUTION OF THE BOROUGH OF BRIELLE AUTHORIZING
THE SALE OF UNCLAIMED & SURPLUS PROPERTY NO LONGER NEEDED
FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE.
Whereas, The Borough of Brielle has determined that the property described on Schedule A attached hereto and incorporated herein is no longer needed for public use, and
Whereas, the Local Unit Technology Pilot Program and Study Act (P.L. 2001, c. 30) authorizes the sale of surplus personal property no longer needed for public use and/or unclaimed property through the use of an on-line auction service, and
Whereas, the Borough of Brielle intends to utilize the online auction services of Alfred’s Auctions, Inc., PO Box 861, Hightstown, NJ 08520, and
Whereas, the sales are being conducted pursuant to the Division of Local Government Service’s Local Finance Notice 2008-9.
Now Therefore Be it Resolved, by the Borough of Brielle, in the County of Monmouth, State of New Jersey, that the Borough of Brielle is hereby authorized to sell the surplus property and the unclaimed property as indicated on Schedule A on an online auction website entitled Alfred’s Auction, Inc. and be it further
Resolved, that the terms and conditions of the agreement entered into between Alfred’s Auction, Inc. and the Borough of Brielle are available at the Brielle Police Department and be it further resolved that said items shall be available for auction April 23rd – April 29th.
Be It Further Resolved, that a certified copy of the within resolution be forwarded by the Borough Clerk to the following:
Chief of Police
Chief Municipal Finance Officer
Attest: _____________________ ___________________
Thomas F. Nolan RMC Thomas B. Nicol