www.briellenj.com
A Community by the River

Borough of Brielle, NJ


June 23rd, 2014

January 20 2015

June 23rd, 2014

PAGE 49

MINUTES JUNE 23rd, 2014 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, NOLAN, SHAAK, ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUNCILMEN GIANFORTE, GORHAM & VISCEGLIA

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that he had nothing to report.

There being no further comment, work session was adjourned at 7:32 p.m. on a motion by Councilman Garruzzo, seconded by Councilman Nolan.

PAGE 50

MINUTES JUNE 23rd, 2014 START: 7:33 P.M.

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, NOLAN, SHAAK, ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUNCILMAN GIANFORTE, GORHAM & VISCEGLIA

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 9th, 2014 Regular meeting were approved on a motion by Councilman Shaak seconded by Councilman Nolan; all aye; no nays. Passed (Councilman Shaak abstained)

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 14-68 for Passage of the Consent Agenda.

Resolution:
A. (see insertion)
B. To approve a proposal from Leon S. Avakian, Inc. to implement the 2014 Capital Improvement Program, at a cost not to exceed $63,900.00.
C. (see insertion)
D. (see insertion)
E. (see insertion)
F. (see insertion)

Vote: Councilmen Garruzzo, Nicol, Nolan and Shaak; all aye, No nays. Passed Note: Councilman Garruzzo abstained on “A” & “C”

Mayor Nicol seconded by Councilman Shaak introduced Resolution 14-69 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 23rd, 2014, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Councilmen Garruzzo, Nicol, Nolan and Shaak: all aye No nays. Passed

Mayor Nicol then announced that the time had arrived for a hearing and further consideration on of “AN ORDINANCE TO AMEND CHAPTER SEVEN, SECTION (7-12) OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “PARKING TIME LIMITED ON CERTAIN STREETS”.

The hearing was opened on a motion by Councilman Shaak, seconded by Councilman Nolan.

The Administrator explained that due to concerns raised by Councilman Shaak at the May 12th meeting over possible adverse impacts on local residents, the matter had been carried from May 12th meeting for further review by an “Ad Hoc” Committee consisting of Councilmen Garruzzo, Gianforte and Nolan.
PAGE 51

The committee’s recommendation was to withdraw the ordinance from further consideration at this time and to post the Donnelly Beach access as being opened from 6:00am to 10:00 pm Monday through Sunday.

Councilman Shaak thanked the committee for their efforts and stated that he agreed with their conclusions.

The Chair recognized Anthony Knapp, 16 Crescent Drive, who advised Council of the on-going construction on Crescent Drive and the fact that a combination of recent sales and Planning Board approvals, guaranteed that, after a brief lull, the process would begin anew. Mr. Knapp cited two projects, one next door to him that took three years to complete, and another project that took a year and a half.

Mr. Knapp was not opposed to development, but during that time heavy construction vehicles parked on the roadway and the thirty-two foot street, with parking on both sides and two-way traffic, created a potential traffic safety hazard. The problem was exacerbated by workers who frequently parked as much as six inches over the curb further narrowing the lanes.

Added to the mix were the landscapers that arrived with equipment trailers and took up additional space. He urged the Council to consider alternate side of the street parking as a viable solution.

Mayor Nicol advised that alternate parking was being considered as an option, but first the Council would monitor the situation to see if action was necessary.

Mr. Knapp took exception to this view and noted that there was a temporary lull in construction so monitoring the situation at this juncture would indicate that there was not a problem, but construction would ultimately be resumed. He also noted that he lived next door to the Donnelly Beach access point and it had never been a problem.

Connor Irons, 5 Crescent Drive, suggested that the problem was not new and any parking restrictions could adversely impact the residents.

Mr. Knapp disagreed and again cited safety issues and the narrow traffic lane that could impede access for emergency vehicles.

Councilman Garruzzo advised that he had spoken with Chief Palmer and the police would begin rigorous enforcement of parking regulations on Crescent Drive.

The hearing was closed on a motion by Councilman Garruzzo seconded by Councilman Nolan.

Councilman Garruzzo seconded by Councilman Shaak introduced resolution 14-70 to rescind the introduction of the proposed ordinance. Vote: Councilmen Garruzzo, Nicol, Nolan & Shaak; all aye, No nays. Passed

PAGE 52

Mayor Nicol then called for committee reports and recognized Councilman Nolan who cited the Board of Recreations Bus Trip to an upcoming Mets Game and he reminded the public that the Library was now closed on Saturdays during the summer, but the popular Zoom Balloon program would begin at 3:30 pm on June 24th.

Councilman Garruzzo having no report, Councilman Shaak advised the public that new labels had been placed on all storm drain covers to protect our waterways. There would be no brush collection between August 1st and January 2015. Residents were advised not to place brush at the curb during this period as it will not be picked-up. Brush and garden waste can be taken by homeowners to the Borough Yard. Commercial landscapers are prohibited.

Given the cost of solid waste disposal the Borough is increasing its recycling efforts. The goal is to make Brielle a ZWC (Zero Waste Community). To that end the Borough shall be checking trash receptacles for recyclables and violation notices will be issued.

In addition, a reusable plastic bag program is being initiated. Residents who bring twenty plastic bags to Borough Hall shall receive a reusable tote bag for their shopping. The Recycling Coordinator will be working with the Eco-Moms to implement new recycling programs at the Elementary School.

Mayor Nicol then opened the meeting to the public and recognized Terry LaPoint 500 Fisk Avenue, who reminded the Mayor that he had promised to address the issue of mulch storage at the Brielle Beach/Magnolia Avenue site; she asked what had been done?

The Mayor replied that the mulch had been removed and currently only vegetative matter i.e. brush was being stored there. The Borough was investigating alternative sites for grinding the brush into mulch as the process was both cost effective and environmentally sound.

Ms. LaPoint took exception and stated that mulch was still there and the site was in disarray.

Mayor Nicol disagreed and said that the mulch had been removed within twenty-four hours of the last council meeting.

Nick Bilotti, 211 Brielle Avenue, stated there were piles of mulch by the roadway and during a tidal surge or even a moon tide the material would be swept into the street and could damage adjacent property.

The Borough Engineer being present, he explained that he had visited the site during a recent moon tide and measured distance from the water to the location in question; he did not see a problem pending some catastrophic event.

Sal Petrosino, 501 Magnolia Avenue, complained of the smell from the mulch and advised that he could not enjoy his backyard due to the odor. Mrs. Petrosino added that she could not keep her windows open because of the smell.
PAGE 53

Mr. Petrosino added that he thought that the area was supposed to be developed for a recreational purpose.

The Administrator explained that, at one time, it had appeared that the Borough would receive a $55,000 grant from NJDEP. The funds were the proceeds of a CAFRA wetlands offset. In the event, while the Borough was approved to receive the money, the project fell through and the funds were no longer available. However, the Borough did received $28,140.87 in other offset money and it was in a trust account awaiting the Board of Recreation’s determination on how best to utilize the funds to improve the site.

Councilman Shaak interjected that the site had been visited by NJDEP and found to be in compliance. The Administrator added that there appeared to be some confusion over the berm situated along the roadway; it consisted of topsoil not mulch.

Mayor Nicol added that mulch had been placed along the surface of the berm to help facilitate the growth of the tree that had been planted along the top of the berm.

Mr. Bilotti said it still “looked terrible” and none of the Councilmembers would want it in their neighborhood.

Ms. LaPoint asked about the stone walkway that she said had been severely compromised by the mulching operation.

The Mayor said it was bluestone and it would be remediated.

The public portion was adjourned at 7:51 pm on a motion by Councilman Garruzzo, seconded by Councilman Nolan.

There being no further comments the meeting was adjourned at 7:52 pm on a motion by Councilman Nolan, seconded by Councilman Garruzzo.


Approved: July 14th, 2014


______________________________
Thomas F. Nolan
Municipal Clerk


Resolution No.:14-68-A
Date: June 9th, 2014


BOROUGH OF BRIELLE RESOLUTION
Whereas, application has been made for the renewal of liquor license #1308-33-002-008, and

Whereas, the application is complete, the $2,225.00 fee due 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 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 LWC Holdings, LLC, T/A Sandbar Restaurant for premises located at 201 Union Lane, Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue the license for the license year July 1st, 2014 through June 30th, 2015, 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 met.
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 passed by the Mayor and Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on June 23rd, 2014.

Witness my Hand and Seal of the Borough of Brielle this 24th day of June 2014.

______________________
Thomas F. Nolan
Municipal Clerk


Resolution 14-68-C
Date: June 9th, 2014
Borough of Brielle Resolution


Whereas, an application for the renewal of Plenary Retail Consumption License #1308-33-012-01.3, has been submitted by Brielle Union Partners, LLC. , and

Whereas, the submitted application form is complete in all respects, the renewal fees for the Borough of Brielle and the New Jersey Division of Alcoholic Beverage Control have been paid, and

Whereas, the applicant is qualified to be licensed according to all standards established by Title 33 of New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions, and

Whereas, no objection to the renewal of this license has been made, and

Whereas, the applicant understands that this renewal is being made subject to the provisions of N.J.S.A.33:1-20 and is being treated as a "conflict" renewal, and the applicant has filed the required form.

Now Therefore Be It Resolved, that the Governing Body of the Borough of Brielle does hereby approve, effective this date, the renewal of License #1308-33-012-013 for the license year July 1st, 2014 through June 30, 2015, subject to the following special conditions which were imposed by the Brielle Planning Board to wit:

(See Attachment)
CERTIFICATION

The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, June 23rd, 2014.

Witness my hand and seal of the Borough of Brielle this 24th day of June, 2014.




_______________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 14-68-D
Date: June 23rd, 2014





Resolution of the Borough of Brielle

Whereas: on June 16th, 2014 The Rotary of Spring Lake/Brielle , 218 Club Drive, Wall, NJ 07719 submitted Raffle Application No. 2014-11 ID, No. 475-8-29469 for an off-site 50/50 raffle, to be held at Rotary Food Tent, 610 south Street Brielle NJ 08730 on Saturday, September 6th, 2014 at 4pm.

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 23rd, 2014.

Witness my Hand and Seal of the Borough of Brielle this 24th day of June 2014.



Thomas F. Nolan
Municipal Clerk



Resolution No.:14-68-E
Date: June 23rd, 2014


WHEREAS, Borough of Brielle (the "Lessee") is a validly existing political subdivision of the State of New Jersey (the "State"), existing as such under and by virtue of the Constitution, statutes and laws of the State;
WHEREAS, the Mayor and Council of the Lessee (the "Governing Body") has the power under the laws of the State to lease or purchase personal property for use by the Lessee; and the Governing Body has determined, and hereby determines, that it is in the best interests of the Lessee to enter into a Master Vehicle Lease Agreement (State and Local Government) dated and effective as of June 23rd, 2014 (the "MVLA") with Mid-Atlantic Truck Center, Inc. which, together with any successor, affiliate or assignee (including General Electric Capital Corporation), is referred to as "Lessor," and that Schedule A Even Payments- (SLG) dated and effective as of June 23rd, 2014 that is attached and makes reference to the MVLA (the "Schedule A"), which MVLA and Schedule A will be assigned to General Electric Capital Corporation ("Assignee") pursuant to an assignment by Lessor to Assignee (such MVLA, Schedule A and Assignment are herein together referred to as the "Lease") for the purpose of financing the acquisition of the vehicles (the "Vehicles") described in the Schedule A, and that the use of such Vehicles is essential to the Lessee's proper, efficient and economic operation;
WHEREAS, the Governing Body has taken the necessary and appropriate steps under applicable law, including, without limitation, any public bidding requirements, to arrange for the acquisition and financing of the Vehicles under the Lease;
WHEREAS, the Lease terminates, and the Lessee's obligations thereunder are extinguished, if the Governing Body fails to appropriate money for the ensuring fiscal year for the payment of the amounts due in such fiscal year;
WHEREAS, there has been presented to the Governing Body the form of the Lease, including Schedule A, which the Lessee proposes to approve, enter into and deliver, as applicable, to effectuate the proposed financing of the Vehicles; and it appears that the Lease and its Schedule A are in appropriate form and are appropriate instruments for the purposes intended.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY AS FOLLOWS:
Section 1. That all actions of the Lessee in effectuating the Lease are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Lease.
Section 2. That sums be and hereby are allocated from the budget of the Governing Body for the fiscal year ending on December 31st, 2014 and in all ensuing annual budgets for the life of the lease (60 months @ $2,190.87 per month). The total amount financed is $120,729.00.
Section 3. The Governing Body hereby approves the acquisition by the Lessee of the Vehicles described in Schedule A, such acquisition to be financed by Lessor/Assignee pursuant to and in accordance with the terms of the Lease, which will be a valid, legal and binding obligation of the Lessee enforceable in accordance with its terms. The form and content of the Lease are in all respects authorized, approved and confirmed and the Mayor and Council of the Lessee, or his designee is authorized, empowered and directed to execute and deliver the Lease and all documents and agreements related thereto or executed in connection therewith for and on behalf of the Lessee in substantially the form attached hereto, but with such changes, modifications, additions or deletions therein as shall to him seem necessary, desirable or appropriate.
Section 4. Pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986 (the "Code"), the Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code and the Lessee represents it will not designate more than ten million dollars ($10,000,000) of obligations issued by the Lessee in the calendar year in which the Lease and Exhibit A thereto are executed and delivered as such “qualified tax-exempt obligations.” The aggregate face amount of all tax-exempt obligations issued or to be issued by the Lessee and all subordinate entities thereof during calendar year 2014 is not reasonably anticipated to exceed ten million dollars ($10,000,000).
BE IT FURTHER RESOLVED THAT this Resolution take effect from and after its passage.


Certification

The foregoing is a true copy of a Resolution passed by the Mayor and Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on June 23rd, 2014.

Witness my Hand and Seal of the Borough of Brielle this 24th day of June 2014.
______________________
Thomas F. Nolan
Municipal Clerk



CERTIFICATE: AUTHORIZING RESOLUTIONS, INCUMBENCY, APPROPRIATION AND ESSENTIAL USE

In connection with that Master Vehicle Lease Agreement (State and Local Government) dated and effective as of June 23rd, 2014 (the "MVLA") between Mid-Atlantic Truck Center, Inc. which, together with any successor or assignee (including General Electric Capital Corporation), is referred to as "Lessor' and Borough of Brielle, a political subdivision organized and existing under the Constitution and laws of the State of New Jersey which is referred to as "Lessee," and the Schedule A Even Payments - (SLG) dated and effective as of June 23rd, 2014 that is attached and makes reference to the MVLA (the "Schedule A"; the MVLA and the Schedule A are collectively referred to as the "Lease") the undersigned does hereby certify to Lessor as follows:

1. I am the duly appointed/elected (choose one) and acting Clerk of the Borough of Brielle ("Governing Body") of Lessee, and I have custody of the records of said Governing Body.
2. The resolutions attached hereto as Exhibit A and made a part hereof are a true and correct copy of the resolutions adopted and ratified by the Governing Body of Lessee according to its rules of procedure at its public meeting held on June 23rd, 2014, and said resolutions have not been rescinded or modified and are still in full force and effect.
3. The individuals named below are the duly elected or appointed officers of Lessee holding the offices or positions set forth after their names, and that their signatures below are genuine:
_____________________
Thomas F. Nolan
Administrator/Clerk

_____________________
Thomas B. Nicol
Mayor

4. Lessee has an immediate need for and expects to make immediate use of all of the Vehicles described in the Lease in the performance of its governmental and proprietary functions and such need is not expected to diminish during the term of the Lease. Specifically, the Vehicles will be used as follows:
5. All payments due by Lessee under the Lease for the current fiscal year are within the fiscal year budget for the calendar year ending XXXX* and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Vehicles.
6. The Vehicles are essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority.
7. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or government body that challenges the organization or existence of Lessee, the authority of its officers, the authorization, approval and/or execution of the Lease and all documents and agreements related thereto or executed in connection therewith, the appropriation of funds in connection therewith for the current fiscal year, or the ability of the Lessee to perform its obligations under the Lease and the transactions.
*The Borough operators on a Calendar year. Funds shall be provided in calendar 2014 and in all ensuing years until the obligation is liquidated.


Resolution No.:14-68-F
Date: June 23rd, 2014

Resolution Supporting Participation in the Sustainable Jersey® Municipal Certification Program

WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and

WHEREAS, Borough of Brielle strives to save tax dollars, assure clean land, air and water, improve working and living environments as steps to building a sustainable community that will thrive well into the new century; and

WHEREAS, Borough of Brielle hereby acknowledges that the residents of [Municipality] desire a stable, sustainable future for themselves and future generations; and

WHEREAS, Borough of Brielle wishes to support a model of government which benefits our residents now and far into the future by exploring and adopting sustainable, economically¬ sound, local government practices; and

WHEREAS, by endorsing a sustainable path Borough of Brielle is pledging to educate itself and community members further about sustainable activities and to develop initiatives supporting sustainable local government practices; and

WHEREAS, as elected representatives of Borough of Brielle we have a significant responsibility to provide leadership which will seek community-based sustainable solutions to strengthen our community:

BE IT RESOLVED, that to focus attention and effort within Borough of Brielle on matters of sustainability, the Mayor and Council wishes to pursue local initiatives and actions that will lead to Sustainable Jersey Municipal Certification.

BE IT FURTHER RESOLVED, by the Mayor and Council of the Borough of Brielle that we do hereby authorize Robert McArthur to serve as the Borough’s agent for the Sustainable Jersey Municipal Certification process and authorize him to complete the Municipal Registration on behalf Borough of Brielle.
Certification
The foregoing is a true copy of a Resolution passed by the Mayor and Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on June 23rd, 2014.

Witness my Hand and Seal of the Borough of Brielle this 24th day of June 2014.
_____________________
Thomas F. Nolan
Municipal Clerk

 

RELATED LINKS