www.briellenj.com
A Community by the River

Borough of Brielle, NJ


June 11, 2012

July 10 2012

June 11, 2012

Page 55
MINUTES JUNE 11TH, 2012 WORK SESSION START: 7:30 PM
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: NOLAN.
Mayor Nicol convened the work session in compliance with the Open Public Meetings. The Administrator had no report, but he asked permission to add the approval of the 2011 Municipal Audit to the consent agenda; he added that there were no comments or recommendations and the Borough's finances had been vetted during the recent re¬funding bond exercise. Council gave their authorization.
The Administrator then advised that representatives from Gable Associates were present and wished to make a presentation to Council re: energy aggregation by Robert Chilton, Executive Vice-President. The proposal (see attached) is incorporated into the text of these minutes.
Mr. Chilton enumerated the services that his firm could provide the Borough and cited examples of where their program, as an agenda for electrical aggregation, had been successful. The ACES Aggregation of some 400 School Districts was an achievement that Mr. Chilton was particularly proud of and he noted that the Brielle Elementary was a participant.
Council voiced a number of questions. Coun. Visceglia requested an explanation of why the "opt-out" provision was the norm rather that a "opt-in"?
Mr. Chilton explained that it was a matter of marketing. When the State BPU first approved the concept of aggregation the "opt-in" approach was taken, but that made it difficult to attract potential providers and the concept was not successful. The "opt-out" provides a prospective bidder with a potential number that he can employ in figuring out his cost to provide the service and if it is worth pursuing.
Mr. Chilton added that most residential customers are not overly concerned with the cost of electricity and may not realize the potential for savings. Once they see the savings in kilowatt hours they are not likely to "opt-out", but getting their attention to "opt-in" as the program evolves is more difficult.
Coun. Shaak asked if he was correct in his understanding that the infrastructure, maintenance, and response in an emergency remained with the electrical company, in Brielle's case, JCP&L. Mr. Chilton stated that this was correct. Only the kilowatt hours, the actual electricity, was provided by the third party vendor.
Coun. Shaak inquired as to the anticipated savings and Mr. Chilton advised that, while large Commercial and governmental groups could realize 20 to 30% in savings. A residential group was more likely in the area of 5 to 10%.
Coun. Garruzzo asked how the customer would see the 5%. Mr. Chilton stated that he could compare total cost for the prior year with the post-aggregation costs or simply compare the price of the kilowatt hours. However, changes in usage, unusual weather (very hot summer/colder than average winter) could impact on the savings, but in any event the number would be less than the rate charged by JCP&L.
Page 56
Coun. Garruzzo asked if there was a penalty if a resident opted out. The reply was "yes", but the Council could make it a condition of the bid that no penalty be charged. In that case the bidder would have to offset this potential for lose and it would be reflected in the bid price.
Mayor Nicol asked what happened in, as in the case of ENRON, a supplier went bankrupt. Mr. Chilton doubted that such a scenario was probable, but if it did happen the worse case was that the residences would go back to the JCP&L rate. He also noted that, at the program's inception, some bidders required a performance bond, but this added to the bidder's cost and was reflected in the bid price. Given that, at worst, the JCP&L rate was the default rate a cost/benefit analysis indicated that foregoing the bond requirement was in the best interest of the client. Mr. Chilton also noted that the bid could be for one, two or three years, but after two years there was a degree of uncertainty that could be reflected in the price.
Attorney Montenegro asked if Plumstead Township was bidding as a municipality or an MUA. The reply was as a MUA, but the Township was the responsible party behind the effort.
The Attorney asked if there was a consultant fee and was told that it was built into the bid so there was no cost to the Borough. The Attorney also asked if the Borough could receive monetary compensation as the sponsor. Mr. Chilton stated that it could be done, but he emphasized that the process had to be transparent and such a fee, as in the case of a consultant fee should be clearly spelled out in the bid specifications as transparency was an essential component of the process.
Mr. Chilton also noted that, while many large commercial concerns pursued aggregation on their own, this program could accommodate the smaller "mom & pop" entities who could opt-in to the consortium.
In closing he noted that there was no physical liability on the Borough and the maintenance of the existing infrastructure remained with the electrical company.
There being no further comments from the council and none from the public, the work session was adjourned at 8:15 p.m. on a motion by Coun. Scott seconded by Coun. Garruzzo.
Page 57
MINUTES JUNE 11TH, 2012 START: 7:46 P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: NOLAN.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of May 29th, 2012 were approved on a motion by Coun. Shaak, seconded by Coun Gorham; all aye; no nays. Passed.
Coun. Garruzzo, seconded by Coun. Gorham introduced Resolution 12-65 for Passage of the Consent Agenda.
Resolution:
A. (see insertion)
B. (see insertion)
C. (see insertion)
D. To authorize the restoration of Brielle Motor Court's trailer park license for calendar 2012 conditioned upon their continued compliance with municipal requirements.
E. (see insertion)
F. (see insertion)

Vote: Coun. Garruzzo, Gorham, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Coun. Visceglia, seconded by Coun. Gorham, introduced Resolution 12-66 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 June 11th, 2012, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol read the following proclamation (see insertion) and then called for committee reports and recognized Coun. Scott who advised the public that she had no Public Works Report, but she reminded the public that the annual Flag Day Ceremony would be held at 8:30 am on June 14th at 911 Memorial Park.
In the absence of Coun. Nolan, Coun. Scott congratulated the Library on their 90th Anniversary Celebration. The Councilwoman noted that the "roll-back" prices on hot dogs and hamburgers had been a great hit, along with the music.
Coun. Scott also commented on the fact that the weather was with the Library as a sudden storm appeared with strong rain and wind only to disappear within fifteen minutes having no dampening effect on the festivities.


Page 58
Coun. Garruzzo gave the police statistics for May 2012. They included 14 Adult & 2 Juvenile arrests. The adult arrests were for 1 burglary, 1 simple assault, 3 DWI, 2 criminal mischief, 1 eluding police officers, 1 harassment and 3 warrants. Juvenile arrests were for possession of marijuana and drug paraphernalia. The Police also conducted 11 motor vehicle investigations, responded to 28 First Aid Calls and 19 alarm calls. There were also 4 domestic violence offense investigations in May.
The May 20th, 2012 burglary arrest was made by Sgt. Olsen & Patrolman Buckle as a result of a neighbor witnessing a male subject entering a house on Bradley Avenue via the window. Thirty-three year old Brian Bornemann of Higgins Avenue was found hiding in a closet and charged. He was transported to the Monmouth County Correctional Facility and bail was set at $25,000. The incident is an excellent example of residents reporting suspicious activity.
Regarding CODE RED, Reverse 911 can be used for a variety of emergencies.
Coun. Shaak cited the recent plantings along Route #35 where JCP&L had clear cut trees to safeguard their power lines. While the utility had promised to make plantings they had consisted of a small privet hedge. NJDOT, however, had stepped up to the plate and provided maple trees and ground cover that had greatly improved the area.
Coun. Scott interjected that DOT had done it all, but Coun. Shaak felt that JCP&L should still be given recognition for the privet hedge or, as he termed it, a "small contribution".
Coun. Gorham and Visceglia having no reports, and there being no public comment, the meeting was adjourned at 8:29 pm on a motion by Coun. Garruzzo, seconded by Coun. Visceglia.
Approved: June 25th, 2012
______________________________
Thomas F. Nolan
Municipal Clerk




Whereas, the Governor’s Jefferson Awards are given to those students who, by virtue of a community service project make a major contribution to their community, and

Whereas, twelve students from the Brielle Elementary School have been selected to be honored for their project on “Easing Hunger” and
Whereas, such dedicated service is noteworthy and should be recognized.

Now Therefore Be It Resolved, that Saturday May 2nd, 2012 be deemed as South Jersey Youth Service Award Day in the Borough of Brielle in honor of the following Brielle Elementary School Students:

Julie Hohenstein
Sophie Smith
Megan Gianforte
Brianne Lauria
Sarah Takash
Hailey Crecca
Patrick Kinneally
Brian Lembo
Andrew Rooney
Jack Sheehan
Pat Pearce
Patricia McKiever

Be It Further Resolved, that the Mayor & Council and all residents of the Borough of Brielle acknowledge their achievements on that day, and

Be It Further Resolved, that these students be invited to the May 29th, 2012 meeting of Mayor & Council to ensure that their dedicated community service and the receipt of the Governor’s Jefferson Award be memorialized in the minutes of the Governing Body for all time.



___________________
Thomas B. Nicol
Mayor
SEAL


Resolution No.: 12-65-A Date: June 11th, 2012
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, application has been made for the renewal of liquor license #1308-33-011-008, and
WHEREAS, the application is complete, the $2,225.00 fee due to the Borough of Brielle 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 meet, and
WHEREAS, no objections to the renewal of this license have been received.
NOW THEREFORE BE IT RESOLVED that the application of Town House, LLC, for premises located at 110 Union Avenue (route #71), Brielle, New Jersey, is hereby approved and the municipal clerk is hereby authorized to issue said license for the license period July 1st, 2012 through June 30th, 2013.
CERTIFICATION
THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED AT A MEETING OF THE BRIELLE MAYOR & COUNCIL HELD ON JUNE 11TH, 2012.
WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 12TH DAY OF JUNE, 2012.
___________________________
THOMAS F. NOLAN
MUNICIPAL CLERK





SEAL

BOROUGH OF BRIELLE RESOLUTION
WHEREAS, application has been made for the renewal of liquor license #1308-33-005-004, and
WHEREAS, the application is complete, and the fees due to the municipality and the state of new jersey, division of alcoholic beverage control have been received and all local requirements have been meet, and
WHEREAS, the governing body has been made aware of noise concerns at this location and the holders of the license have agree to the imposition of conditions to address these concerns.
NOW THEREFORE BE IT RESOLVED, that the following conditions are hereby imposed on license #1308-33-005-004 Ship Wreck Inn, LLC t/a Ship Wreck Grill:
1. All doors & windows shall be kept closed whenever any live music is played.
2. Regarding the use of the deck area. All conditions imposed by the Brielle planning board, regarding the limitation of service on the deck, as stated in their resolution (8/9/95), and as further memorialized in municipal resolution 96-46-e, which authorized a place-to-place transfer to permit utilization of the deck, shall be incorporated into this resolution as addendum #1.
3. In the event there is any modification of the conditions imposed by the planning board, the municipal resolution shall mirror these conditions, but it shall be the applicant's responsibility to advise the governing body of any such change to ensure that the exact language is incorporated into addendum #1.
NOW THEREFORE BE IT RESOLVED, that the application of ship wreck inn. inc. t/a ship wreck grill, for premises located at 720 Ashley Avenue, Brielle, New Jersey, is hereby approved and the municipal clerk is authorized to issue said license for the license year July 1st, 2012 through June 30th, 2013.
CERTIFICATION
THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON JUNE 11TH, 2011.
WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 12th DAY OF JUNE 2012.

_______________________
Thomas F. Nolan
Municipal Clerk

BOROUGH OF BRIELLE RESOLUTION
WHEREAS, an application has been made for the renewal of Liquor License #1308- 33-002-008 C.G. Mass, Inc. T/A Sand Bar, and
WHEREAS, the application is complete, the $2,225.00 fee due to the Borough of Bridle and the $200.00 fee due to the State of New Jersey, Division of Alcoholic Beverage Control, being received and all Municipal requirements have been complied with, and
WHEREAS, no objections to the renewal of this license have been received.
NOW THEREFORE BE IT RESOLVED, that the application of C.G. Mass, Inc. T/A Sand Bar, for premises located at 201 Union Lane, Bridle, N.J., is hereby approved and the Municipal Clerk is authorized to issue said license, for the license year July 1st, 2012 through June 30th, 2013, subject to the following conditions hereby imposed by the Governing Body of the Borough of Brielle:
1.) The conditions imposed by the Brielle Planning Board Resolution, dated May 6th, 1995 and incorporated into the text of this resolution as Addendum #1 (attached) shall continue to apply to this liquor license and shall be strictly enforced. The license holder shall abandon the area known as the west deck for service and/or consumption of food and alcoholic beverage and any other business purpose. The applicant shall not place any tables, chairs or similar devices on the west deck.
2.) No alcoholic beverage is to leave the licensed premises in an open container. The management of the Sand Bar is required to monitor all points of ingress or egress to ensure that this condition is meet.
3.) All doors and windows of the Sand Bar shall be kept closed after 7:00 p.m. (Prevailing Time) whenever live, canned or amplified music is played.

Certification
The foregoing is a true copy of a Resolution adopted by the Brielle Mayor & Council at a meeting held on June 11th, 2012.
Witness my hand and seal of the Borough of Bridle this 12th day of June, 2012.

Thomas F. Nolan
Municipal Clerk
SEAL

Resolution No: 12-63-E
Date: June 11th, 2012
RESOLUTION OF THE BOROUGH OF BRIELLE
WHEREAS, on June 11th, 2012 Holiday Express, 968 Shrewsbury Ave. Tinton Falls, NJ 07724 submitted Raffle Application No. 2012-13 ID, No. 343-4-36537 for a 50/50 raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle, NJ 08730 on Monday, July 23rd, 2012 at 9:00pm.
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 June 12th, 2012.

Witness my Hand and Seal of the Borough of Brielle this 12th day of June 2012.




________________________
Thomas F. Nolan
Municipal Clerk






SEAL

Resolution No: 12-65-F
Date: June 11th, 2012
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, N.J.S.A. 40A: 5-4 requires the governing both of every local unit to have made an annual audit of its books, accounts and financial transactions, and
WHEREAS, the Annual Report of Audit for the year 2011 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Borough of Brielle, Thomas F. Nolan as per the requirements of N.J. S. 40A: 5-6, and a copy has been received by each member of the governing body, and
WHEREAS, R. S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs, and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled "Comments and Recommendations; and
WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled "Comments and Recommendations" as evidenced by the group affidavit form of the governing body attached hereto: and
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as Stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and
WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 -to wit:
R.S. 52:27BB-52 A local officer or member of a local governing body who, after a date fixed for compliance, fills or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fine not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year or both, in addition shall forfeit his office.
NOW, THEREFORE BE IT RESOLVED, that the Mayor & Council of the Borough of Brielle hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON JUNE 11TH, 2011.




_____________________________
Thomas F. Nolan
Municipal Clerk

SEAL

 

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