A Community by the River

Borough of Brielle, NJ

August 27th, 2012

October 01 2012

August 27th, 2012

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Mayor Nicol convened the work session in compliance with the Open Public Meetings and recognized the Administrator who advised that he had nothing to report. However, he did advise the Council that there was a need for Executive Session to discuss matters related to Personnel and Contracts.

There being no comments the work session was adjourned at 7:32pm on a motion by Coun. Garruzzo, seconded by Coun. Gorham.

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MINUTES AUGUST 27th, 2012 START: 7:33P.M.


Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the August 13th, 2012 were approved on a motion by Coun. Shaak, seconded by Coun. Gorham; all aye; no nays. Passed.
Coun. Shaak, seconded by Coun. Scott introduced Resolution 12-77 For Passage of the Consent Agenda.

A. (see insertion).
B. To authorize the Mayor & Clerk to execute a Deed of Easement with Monmouth County re: Brielle Park.
C. To authorize the Municipal Clerk to advertise for bids re:”Solid Waste Collection Service”.
D. To authorize a refund for overpayment of taxes, in the amount of $1,969.71 re: Block 8, Lot 6.44, 283 Old Bridge Road.
E. To authorize a refund for overpayment of taxes to Core Logic, Inc. in the amount of $1453.92

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

Coun. Visceglia seconded by Coun. Shaak, introduced Resolution 12-78 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 27th, 2012, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Visceglia, Scott & Shaak; all aye. No nays. Passed.

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Mayor Nicol then called for committee reports and recognized Coun. Scott who cited the DPW's preparations for Brielle Day.

Coun. Garruzzo advised the public that, thus far in the month of August, the Police made 21 Adult arrests, which include 2 for simple assault, 5 DWI, and 14 Warrant Arrests. Mayor Nicol added that Chief Palmer was making available four FEMA Pamphlets in the lobby of Police HQ. They were "Preparing Makes Sense-Get Ready Now", "Preparing Makes Sense for People with Disabilities and Special Needs". "Every Business Should Have a Plan" and "Emergency Supply List".

Coun. Shaak reminded the public that, with hurricane season upon us, it was the perfect time to sign up for Reverse 911, if you have not already done so. Coun. Shaak also reminded the public that the Borough would conduct the annual 9/11 Observance at 9/11 Memorial Park on September 3rd @ 10:30 am.

Coun. Gorham & Visceglia having no reports, the meeting was open to the public. The Chair recognized Cheryl S. O'Kelly, 13 Lebanon Drive, who advised the Council of the Board of Education's reluctance to give her an opportunity to be heard regarding the busing of children to Saint Catherine's School in Spring Lake. While the trip was 4.5 miles the children were spending an hour and forty-five minutes on a dilapidated bus provided by M.O.E.S.C. at a cost to the Brielle Taxpayers of $10,000. She asked Council to take action.

Mayor Nicol explained that the Board was independent and the Governing Body had no control over its budget. However, Attorney Montenegro explained that, if the bus was being provided by a private entity, the Board could certainly request a newer, better model. Mr. Montenegro suggested that Ms. O'Kelly contact the Board's Business Administrator and requests a date certain for the next meeting and formally requests an opportunity to be heard.

Ms. Patricia W. Housen, 412 Laurel Avenue, echoed Ms. O’Kelly’s concerns and further asked if the sanitation contract would remain the same as she liked the twice a week summer collection.

The Administrator said that it would, but he reminded Ms. Housen that the twice a week option was left to the individual who paid the contractor directly for the service.

Coun. Shaak, seconded by Coun. Garruzzo then introduced Resolution 12-79 to enable an Executive Session.

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 June 25th, 2012, as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

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2. The general nature of the subject matter to be discussed is as follows: "Personnel" & "Contracts".

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, Scott, Shaak, Visceglia; all aye. No nays. Passed.

The Executive Session began at 7:50 p.m. and ended at 8:15p.m. The session was adjourned on a motion by Coun. Scott, seconded by Coun. Garruzzo.

Coun. Scott, seconded by Shaak introduced Resolution 12-80 to authorize the Mayor and Clerk to execute a Memorandum of Agreement to extent the current Police Contract for a three year period through 12/31/15, with the terms of said memorandum being incorporated into the text of the existing contract.

The meeting was adjourned at 8:19 p.m. on a motion by Conn. Visceglia, seconded by Coun. Gorham.

Approved: September 10th, 2012.

Thomas F. Nolan
Municipal Clerk

Resolution No.: 12-77-A
Date: August 27th, 2012

Project Completion Closing Statement

WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Trust Fund and established a Municipal Open Space Program to provide Program Grant finds in connection with municipal acquisition of lands for County park, recreation, conservation and farmland preservation purposes, as well as for County recreation and conservation development and maintenance purposes; and

WHEREAS, the Borough of Brielle entered into a Municipal Open Space Program Grant Agreement with the County of Monmouth on September 13th, 2010 that provided $250,000 for Improvements to Brielle Park under Application No. 09-13 that required certain conditions be met by the Borough of Brielle prior to receipt of the aforesaid funds; and

WHEREAS, the Monmouth County Park System requires a certified copy of a resolution of the governing body determining that the project aforesaid was finally complete and a closing statement of "Final Change Order" adopted by the governing body.

NOW, THEREFORE, BE IT RESOLVED by the governing body of Borough of Brielle that all conditions of the September 13th, 2010 Grant Agreement have been satisfied by the Borough of Brielle and that the project has been completed; and

BE IT FURTHER RESOLVED that the Borough of Brielle made final payment to the contractor Down to Earth Landscaping per the letter of the municipal engineer Alan P. Hilla of Birdsall Services Group [Attached] and that payment was made per voucher [Attached] on August 13th, 2012 under check no.14305, which are hereby attached and also on file in the Municipal Clerk's Office.


I, Thomas F. Nolan do hereby certify that the foregoing is a true copy of a resolution adopted by the Governing Body of Borough of Brielle at a meeting held on the 27th day of August, 2012.

In Witness Whereof, I have hereunder set my hand and official seal of the municipality this 28th day of August 2012.

Thomas F. Nolan
Municipal Clerk