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A Community by the River

Borough of Brielle, NJ


March 25th, 2013

May 22 2013

March 25th, 2013

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MINUTES March 25th, 2013 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUNCILMAN SHAAK
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who had nothing to report.

There being no public comment the hearing was closed and the work session adjourned at 7:33 p.m. on a motion by Councilman Garruzzo and seconded by Councilman Nolan.

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MINUTES March 25th, 2013 START: 7:33P.M.

PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUNCILMAN SHAAK

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 11th, 2013 meeting were approved on a motion by Councilman Gorham seconded by Councilman Shaak; all aye; no nays. Passed.

Councilman Garruzzo, seconded by Councilman Nolan introduced Resolution 13-21 for passage of the Consent Agenda.

Resolution:
A. (see insertion)
B. (see insertion)
C. (see insertion)
D. (see insertion)
E. To appoint William A. Burkhardt as Recycling Coordinator for the period of April1st, 2013 to June 30th, 2013.

Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed. (Note : Councilman Garruzzo abstained on “A”)

Councilman Visceglia, seconded by Councilwoman Scott introduced Resolution 13-26 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 25th, 2013, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed.

Mayor Nicol announced that the time had arrived for the hearing and passage on the final reading of “An Ordinance to Amend Chapter XIX Flood Damage Prevention Ordinance” and to rescind Section 19-1.0 et. seq.

The hearing was opened on a motion by Councilman Garruzzo, seconded by Councilman Nolan: all aye.

The hearing being opened the chair recognized Mr. Peter Bennett, 408 Leslie Avenue, who asked the Council not to take action on the proposed ordinance due to a number of unresolved issues.

The Administrator had stated, prior to the hearing, that the ordinance would simply bring the Borough into compliance with the state standard and noted that, if a Bridle resident came to the Construction Official for a permit, the resident would be held to the state standard. Passage of the ordinance would

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also make residents eligible for flood mitigation grants from FEMA.

Both Mr. Bennett and his wife were concerned that the ordinance employed the strictest standard regarding elevations. They felt that, in light of Governor Christie's statement that he intended to seek revisions that would result in a less onerous standard; the Borough should refrain from any action.

Attorney Montenegro interjected that the ordinance did not preclude residents from waiting for a finalized flood mac), but did enable those residents who wished to make application for ICC (Increases Cost of Compliance) funds to do so.

Patricia Summers, 104 Lake Avenue, offered that she was anxious to rebuild and passage of the ordinance was necessary if she were to qualify for the ICC funding. She urged passage. Amanda O'Neill, 108 Lake Avenue, asked Council what were the negatives if the ordinance was carried?

Mayor Nicol explained that some individuals would be hurt by a delay and Council had an obligation to assist both groups.

Lynn Evans, 109 Lake Avenue, asked questions about home owner's insurance and FEMA /NFIA insurance. Attorney Montenegro advised that this was a matter between the home owner and their insurance carrier.

Chris Sevastakis, 501 Woodland Avenue, asked what happens if a homeowner expends $50,000 to achieve ICC, then the maps become less onerous. Are they eligible for additional reimbursement? Mr. Sevastakis also asked if he received the ICC funds how long could he hold onto it.

Mr. Montenegro noted that he did not believe FEMA would disburse the funds upfront and permit the homeowner to insect the money as to the potential adjustment that was a question for FEMA.

Mr. Summers stated that there was a four year window to take action and a young lady in the rear of the chamber, who did not give her name, informed the assembly that $31,000 was the maximum amount of an ICC grant.

There being no further comments the hearing was adjourned on a motion by Councilwoman Scott seconded by Councilman Garruzzo.

Councilman Garruzzo, seconded by Councilman Nolan introduced Res. 13-27 for passage on final reading of the foregoing ordinance. Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed.

Councilman Garruzzo, seconded by Councilman Scott introduced Resolution 13-28 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye, no nays. Passed.

Councilman Garruzzo seconded by Councilman Gorham, introduced Resolution 13-29 (see insertion) Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed.

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Councilman Scott, seconded by Councilman Gorham, introduced Resolution 13-30 (see insertion) Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed.

Councilman Visceglia introduced Resolution 2013 for the introduction of the 2013 Municipal Budget in the amount of $6,320,152.00 (see insertion) Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No nays. Passed.

Mayor announces that the time has arrived for the introduction of "Calendar Year 2013 "An Ordinance to Exceed the Municipal Budget Appropriation Limits and to establish a Cap Bank (N.7.S.A 40A:4-45.14).

Councilman Garruzzo, seconded by Councilman Nolan, introduced Resolution 13-32 for passage on introduction and first reading of the foregoing Ordinance. Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. No Nays. Passed.

Councilwoman Scott seconded by Councilman Gorham, introduced Res. 13-33 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm, April 8th, at Borough Hall. Vote: Councilman Garruzzo, Gorham, Nolan, Scott & Visceglia; all aye. Passed.

Mayor Nicol then called for committee reports and recognized Councilwoman Scott who advised the public that leaf collection would begin on April 1" and Clean-up Week would be May 6th through 10th on the regular collection day.

Councilwoman Scott also cited her attendance at the Recycling Conference and pointed out that 4.5 billion plastic bags were discarded each year in the U.S.A. They were a detriment to Ocean Life, the Ecology and even to the machine that processed recyclables. The Councilwoman found the conference enlightening and she hoped to secure teaching materials from the presenters for dissemination to the public.

Councilwoman Scott also informed the public that a “Shredder Day” was being planned for May, but the date was uncertain.

In closing, Councilwoman Scott reminded the public that wood chips and mulch were still available at Brielle Park and delivery was free to Brielle Residents.

Councilman Nolan advised that the Library would conduct a seminar on digital camera use on April 9th and he added that, thanks to donations from Association Members, the Library now featured a grand piano.

Turning to Recreation, Councilman Nolan noted that the March 23rd Easter Egg Hunt had been a great success. Sign-ups for Pee Wee Soccer (ages 4 to 7) would be held on April 2nd. Tee Ball would have sign-ups on April 3rd & 5th.

In closing, Councilman Nolan thanked the Garruzzo Family & Joe Leone for their work at the annual

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Cub Scout Spaghetti Dinner.

Councilman Garruzzo had no report, but he thanked the residents of Brielle, Joe Leone and the Brielle Fire Company, who made their facility available, for working with him to make the Cub Scout Dinner a success.

Councilman Gorham having no report, Finance Chairman Visceglia advised the public that the budget was still subject to amendment as the Finance Committee continued to seek means of reducing the municipal rate, but that the budget amount would not increase above the amount stated in the resolution.

Councilman Visceglia reminded the public that the budget problem resulted primarily from two consecutive years of a loss in the value of the tax ratable due to tax appeals and then, on top of that lose; the Borough had to contend with the cost of debris removal from Hurricane Sandy.

The Council anticipated recovering 75% of the cost of Sandy Debris from FEMA and a mandated revaluation should restore the integrity of the ratable. These factors boded well for 2014.

The meeting was then opened to the public and Janet Hendricks, 615 Leslie Avenue, was recognized. Ms. Hendricks posed a number of inquiries. Why was the street sweeper not being used, why can't the Borough obtain Prisoners, Volunteers and Community Service Workers to clean-up debris as was done in Belmar and Sea Girt?

Council promised to look into the matter.

Amy Perry, 609 Legg Place, informed Council that there were abandoned homes along Debbie's Creek and asked how that matter was being handled. She also asked if the ICC would impact Land Use and require variances.

Mayor Nicol thanked the public for bringing the issue of abandoned home to the Governing Body's attention and he promised to further investigate the problem.

William Brannick, 805 Schoolhouse Road, inquired about deferred school tax. The Administrator replied that it was one quarter of the money due to the school from taxes that the Borough held as a reserve. These funds could be utilized as surplus in the municipal budget.

The Administrator's recollection was that the funds had been earmarked during the Florio Administrator as an off-set to the tax rate, but that plan never materialized. Given the current economic climate DCA had given permission to use the funds as surplus. A portion of these monies had been used in recent budget cycles.

Peter Bennett was recognized and he thanked the Council for their efforts, but added that the area south of the Rail Road tracks was still littered with debris; in fact he had rented a garage from a neighbor to temporarily store some. He also urged the Council to consider a special trash pick-up for the area.
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Mayor Nicol stated he rode through a different section of the Borough each day and he was not aware of the debris, but he would investigate.

A young lady who did not provide her name and address advised Council to investigate the Blue Acres Program, funds were available to obtain abandoned property and convert same for a public purpose. The Borough would have to be willing to take ownership and maintain such areas.

Ms. Perry cited four properties she was aware of, one abandoned, one in foreclosure, one derelict and for sale and one not being maintained. Councilman Garruzzo pointed out that often abandoned property was owned by a bank and before the Borough could act, the Bank would have to be notified. The Borough would pursue that course of action.

Prior to an adjournment, Mr. Perry presented the Council with a letter from twenty area residents. The letter was received and shall be incorporated into these minutes. (See insertion).

There being no public comment the meeting was adjourned at 8:42 pm on a motion by Councilman Garruzzo, seconded by Councilman Nolan.



Approved: April 8th, 2013


________________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 13-25-A
Date: March 25th, 2013



Resolution of the Borough of Brielle




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, 2013 through November 30th, 2013* 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.
Certification

The foregoing is a true copy of a resolution, adopted by the Brielle mayor & council, at meeting held on March 25th, 2013.

Witness my hand and the seal of the borough of Brielle this 26th day of March, 2013.


Thomas F. Nolan
Municipal Clerk




*nothing in this renewal shall infringe with the executive order to permit the use of a seasonal licenser prior to the May 1st day.



Resolution No: 13-21-B Date: March 11th, 2013


Resolution of the Borough of Brielle


WHEREAS, there exists a Tax Title Lien on property located 1011 HIGHWAY 70, owned by JOHN RENG and known as Block 109 Lot 1, and

WHEREAS, this lien has been redeemed by Hundley, Parry and Bradley LLC

NOW, THEREFORE, BE IT RESOLVED that 2 checks be drawn made payable to

U.S. BANK-CUSTISASS MUNI VI dtr for redemption of this lien

1) Return of Premium $26,000.00
2) Lien Redemption $48138.41
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 11th, 2013.

Witness my Hand and Seal of the Borough of Brielle this 12th day of March 2013.

Thomas F. Nolan
Municipal Clerk


Resolution No: 13-25-C Date: March 25, 2013



Resolution of the Borough of Brielle


Whereas: on March 25th, 2013 Ocean Medical Center Foundation, 1345 Campus Pkwy Suite A2, Neptune, NJ 07753 submitted Raffle Application No. 2013-7 ID, No. 54-4-38544 for an off-site 50/50 raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle NJ 08730 on Monday, June 17th, 2012 at 7pm.

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 25th, 2013.

Witness my Hand and Seal of the Borough of Brielle this 26th day of March 2013.

______________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 13-25-D
Date: March 25th, 2013


Resolution of the Borough of Brielle

Whereas: on March 25th, 2013 Friends of the American Cancer Society, 2600 US Hwy 1, North Brunswick, NJ 08902 submitted Raffle Application No. 2013-8 ID, No. 347-4-34818 for an off-site 50/50 raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle NJ 08730 on Monday, July 15th, 2012 at 7:30pm (Rain Date: July 29th, 2013).

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 25th, 2013.

Witness my Hand and Seal of the Borough of Brielle this 26th day of March 2013.

______________________
Thomas F. Nolan
Municipal Clerk





March 25, 2013 HAND DELIVERED
Mayor Thomas B. Nicol and Brielle Town Council Borough Hall
601 Union Lane
Brielle, NJ 08730


Dear Mayor and Council Members:


We are residents of Leslie, Lake, Manasquan and Green Ave. We write to you to present areas of concern in the aftermath of Superstorm Sandy that is common to all of us. As you know, our neighborhood was significantly impacted by the storm. We continue to be impacted in a myriad of ways and seek the support of and collaboration with our town's council.

Delineated below are specific areas of concern, not prioritized in any particular order, but each of import to us as a neighborhood.


1. Improved Direct Communication -

On March 2, 2012 there was a meeting reportedly relating to the towns considerations for filing a Community Development Block Grant application with the Housing and Urban Development Agency. We understand that the deadline for such an application may have come and gone.

Many of us were unaware of the meeting, or notified by "word of mouth" at the eleventh hour and therefore unable to attend. Because such an application, and potential receipt by individual homeowners of such grant monies, is of great relevance to many in our neighborhood, we are disappointed that we were not aware of the meeting. We are unclear on how notice of this meeting was filtered out to the community. Perhaps notice was posted on the town website. Given that our neighborhood was so severely impacted, we would like to establish with you some more effective means of direct communication for future Sandy related meetings. We would also like to hear from your office periodically for updates on matters pertaining to Sandy recovery generally. We have heard from friends in neighboring towns that communication between residents and neighboring town governing bodies is regular and direct (via flyers, eblasts, phone alerts or direct mailings.) We are available to brainstorm solutions with you to make

communication more direct and regular and to volunteer to implement these solutions, if feasible.

Because so many of us were unable to attend the meeting, we would like a summary of the town's position regarding the HUD CDBG and an update on the status of any application made. We also would like the contact information for the town's floodplain manager/ administrator.

2. Public Health Issues Post Sandy

Many of the homes in our neighborhood appear to have been abandoned following the storm. One such home on Leslie Avenue caught fire in the days following the storm and was contained only because a neighbor fortunately noticed flames and called 911. At another abandoned home, a 35 foot holly tree that fell on the night of the storm was removed (along with the shattered fencing) only because a neighbor paid a private company to do so (at their own expense.) Other significantly impacted homes appear to have never been inspected following the flooding. We believe these houses in their current conditions now 5 months post Sandy, pose a potential public health issue. We would like advice on how we can best address this public health risk.

A related public health concern exists with regard to debris that remains in the street for trash pick-up. We request that the town provide for periodic pick-up of storm-damaged debris (including mattresses, trash, etc.) that continues to accumulate post-Sandy.
3. Beautification of our Neighborhood

While the above paragraph identifies primary concerns for health and wellbeing, we have additional concerns about the aesthetic decline to our neighborhood post-Sandy. The external damage to some of the homes has never been addressed and some homes sit vacant with no remediation attention. We request information on town ordinances and enforcement mechanisms to assist us in addressing beautification issue.

Additionally many of us lost trees, lawns, shrubs and bushes at great expense. Standard homeowner and flood policies do not cover these losses. In a neighborhood as tightly packed as ours, the loss of the large deciduous trees (some 70'+) and evergreens has changed, for the worse, our viewscapes and personal landscapes. We ask for the involvement of the town's shade tree commission (or other town support) in helping us restore our neighborhood's trees and greenery.

4. Blue Acres Potential -

We would like to discuss the potential for open space through the town's blue acres opportunities in our neighborhood. We request the support and collaboration of our town in any considerations for applications individual homeowners seek to pursue in this regard. We are not asking for endorsement of a specific proposal at this time but we seek your assistance and involvement in helping us investigate the potential, feasibility, adverse consequences (if any) and process for pursuing this program. We would like to be connected to a particular "point person" or council member on this issue.
5. Improving Watson's and Debbie's Creek -

We understand that federal funding for dredging of inland waterways is being pursued by Assemblyman Sean Kean in the aftermath of Sandy. We support his efforts and seek your support as well specifically for Debbie's and Watson's Creek. We request that the town formally notify Assemblyman Kean of its support and investigate whether any money can be specifically allocated to improve Debbie's and Watson's Creek and related waters. We also seek information on whether infrastructure repairs (for example to adjoining bulkheads) can be made with this funding.

Additionally, we have read in the Coast Star that tidal waterways are currently being cleaned and debris removed by contractors hired by the NJDEP. Significant amounts of debris, including some large pieces and a storage bin, have piled up along Green Ave and the western shoreline. This debris is particularly visible at low tide and cannot simply be removed by individual neighbors or homeowners. We would like to know if Debbie's and Watson's Creeks are on the State's schedule.

6. Issues Concerning Elevation and Being Priced out of Our Homes

Many of us whose homes were flooded but not "substantially damaged" or who do not seek to make "substantial improvements" , as defined under the National Flood Insurance Program, are now faced with the issue of whether to elevate or face increases in flood policy rates. Governor Christie all but guaranteed such increases at his town hall meeting at Manasquan High School last Thursday, March 21, and warned that such increase could be considerable. Increased Cost of Compliance coverage does not appear to reimburse for home elevation not mandated by the town and so such elevation expenses will have to be privately borne by individual homeowners. Failure to elevate may effectively price us out of our homes or subject us to future risk or flooding.

Currently the FEMA regulations and the NFIP's National Insurance Manual contain mechanisms to contain flood insurance premium costs for homeowners who are moved into Special Flood Hazard Areas post-Sandy but who were not in the flood zones pre¬-Sandy. These mechanisms are the Grandfathering Rule and the Preferred Risk Policy Eligibility Extension Option. Both of these mechanisms cap future flood premiums at pre-¬Sandy rates, at least for some period of time (currently 2 renewal cycles under the PRPEE and indefinitely under the Grandfathering rule.) We recognize this is a federal issue but we would like your support on this matter. We request that the town lobby for keeping the Grandfathering and PRPEE in place. We also seek your advice on how best to preserve these safeguards and we ask for regular communication regarding any developments on this issue.
7. CDBG and other Grants

We seek your involvement and input on Grant monies available to homeowners for future elevation needs, restoration and improvement. Currently it appears that eligibility for CDBG funds requires that the home damage was "substantial " "major" and "severe" as defined by HUD. It also prioritizes low to moderate incomes. Many of those in our neighborhood may not qualify under the HUD definitions but are looking for some assistance given the financial burdens caused by the storm. We understand that Rehabilitation, Reconstruction, Elevation and Mitigation (RREM) monies may be available to those who fall outside of the HUD definitions. We ask that the town: pursue available grant monies through the RREM program or otherwise and keep us apprised of opportunities.


8. Issues Concerning Basement Flood proofing

Another mechanism for restricting flood insurance premium increases appears to be available for homeowners who flood proof their foundations/basements. Under the NFIP currently, flood proofing credit may be extended to those in SFHAs who adequately flood proof. However this option is only available to those in communities that have registered w FEMA. Brielle is not on listed by FEMA as an “APPROVED COMMUNITY FOR RESIDENTIAL BASEMENT FLOODPROOFING RATING CREDIT." We ask that the town make such application.


The above itemized issues are some of those which are most pressing to us now. This is not intended to be an exclusive list but a list that reflects concerns felt by most in our neighborhood. We write in the spirit of community and good will, seeking collaboration

and joint efforts. We are available to meet with you mayor or any council members at a town hall meeting or otherwise.
Thank you for your service and continued commitment to our town.
cc: Allison Milancewich
Amanda ONeill
Andrew Beltran
Carol Krasowski
Diana Hamilton
Janine Leonhardt
Joanna Kotar
Kelly Suer
Kenneth Sullivan
Larrry Thees
Larry and Linda Rose Lisa Keel Pair
Lorraine Coyne
Lynn Evans
Madeline Hartricereto Patty Summers
Peter and Mel Bennett Susan Schreck
Tom Campo
Tom Stuluman

 

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