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A Community by the River

Borough of Brielle, NJ


November 23, 2015

December 28 2015

November 23rd, 2015

MINUTES November 23rd, 2015 WORK SESSION START: 7:30 PM

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

ABSENT: COUNCILMAN GIANFORTE

Mayor Nicol announced that any member of the public wishing to audio or video record a Council Meeting must give notice to the Borough Clerk prior to the meeting being recorded.

Mayor Nicol then opened the Work Session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that he had nothing to report.

There being no further discussion, the work session was adjourned at 7:32 pm on a motion by Councilman Nolan seconded by Councilman Garruzzo.

MINUTES November 23rd, 2015 START: 7:33 P.M.

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

ABSENT: COUNCILMAN GIANFORTE

Following the announcement on recording devices, a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the November 9th, 2015 meetings were approved on a motion by Councilman Shaak seconded by Councilman Visceglia; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-92 for Passage of the Consent Agenda.

Resolution:

A. (see insertion)
B. (see insertion)
C. (see insertion)
D. To authorize BRB Valuation & Consulting Services to provide their services re: Block 85 Lot 1 and Block 86 Lot 6
E. (see insertion)

Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye, No nays. Passed

Councilman Visceglia seconded by Councilman Gorham introduced Resolution 15-93 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 November 23rd, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gorham, Nolan, Shaak and Visceglia: all aye. No nays. Passed

Mayor Nicol announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 1039 “AN ORDINANCE FIXING THE SALARIES & COMPENSATIONS OF THE VARIOUS OFFICERS AND EMPLOYEES OF THE BOROUGH OF BRIELLE”.

Councilman Garruzzo, seconded by Councilman Shaak introduced Resolution 15-94 for passage on introduction and first reading. Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Councilman Garruzzo seconded by Councilman Gorham, introduced Resolution 15-95, to authorize publication in the Coast Star for a hearing to be held on December 14th, 2015, at 7:30

pm, at Borough Hall. Vote: Councilman Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER III OF THE CODE OF THE BOROUGH OF BRIELLE, ENTITLED “POLICE REGULATIONS”

Prior to opening the hearing the Administrator explained that after conversing with the representatives of State Department of Environmental Protection, the NJDEP advised the Borough that since the current noise ordinance was inconsistent with state standards and was not approved, the current amendment to the ordinance could not be entertained as a noise ordinance, prior to review by the State.

However, the restrictions could be codified under the “police powers” provisions of state statute. The ordinance had been refined to clarify the term “controlled” background music and “holidays” had been clearly spelled out.

Since these amendments could be deemed as substantive the decision was to carry the hearing to December 14th and to republish the ordinance as amended.

Councilman Garruzzo seconded by Councilman Visceglia, introduced Resolution 15-96 to authorize re-publication of the ordinance, after modification by Council, for a hearing to be held at 7:30 pm on December 14th, 2015 at Borough Hall. Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol called for Committee Reports and recognized Councilman Nolan who advised that the annual Christmas Tree Lighting would be held at Brielle Park on December 6th @ 5:45 pm. Councilman Nolan cited the Flag Football “Under the Lights” event and called it a success despite the need to reschedule due to inclement weather. Councilman Nolan wished all Brielle Residents a Happy Thanksgiving.

Councilman Garruzzo had no formal report, but he also wished everyone a Happy Thanksgiving.

Councilman Shaak advised that the new water tank was on-line. Additional piping and electrical work remained to be done. He added that there had been a water main break on Green Avenue due to the increase in water pressure, but that had been anticipated given the age of many of the water mains and the Water Department was “working through it”.

Leaf season was in full-swing and once again reminded the public that during leaf collection, no brush would be taken. Brush could be taken to the Borough Yard. Residents were also reminded not to place leaves on top of storm drains.

In closing, Councilman Shaak reminded the public to remove their vehicles from the roadway in the event of inclement weather in order to facilitate plowing.

Richard Holmquist, 504 Green Avenue, asked if this would be an appropriate time to mention a large depression that had appeared at the corner of Green Avenue and Brielle Avenue. Councilman Shaak replied that it was and he would pass the information on to the Public Works Department for remediation. Councilman Shaak also added his holiday wishes for Borough and its residents.

This sentiment was echoed by Councilman Gorham and Visceglia who had no formal reports. The meeting was opened to public comment.

Janet Hendricks, 615 Leslie Avenue, asked Councilman Garruzzo if there was any additional information available regarding the recent robberies in the Borough. He replied that they were still under investigation and he had no further information at this time.

Richard Holmquist, 504 Green Avenue, voiced a concern over the term controlled music in the proposed police powers ordinance. While the music was required to be controlled, the level of noise permitted was not addressed nor was the means by which it would be enforced.

Councilman Garruzzo said that Chief Palmer would be present at the public hearing to address enforcement questions. Councilman Shaak cited the River House as an example of how background music could be controlled, and Councilman Visceglia reminded the public that “all” music had to be controlled by ordinance.

Mr. Holmquist raised an issue over the state model ordinance and the Attorney reiterated that, while subsection “B” of the model ordinance that provided some flexibility to municipalities to craft their own ordinance, the State appeared to be adamant on the use of their model, that was why the Borough was attempting to achieve its goal through the section of the municipal code that controlled alcoholic beverage.

Thomas Stuhrmann, 106 Ocean Avenue, asked if the new ordinance superseded the ABC Regulations or other sections of the ordinance. The Attorney replied that they were meant to be inclusive.

As to issue of fines for violations the maximum penalty under Borough Ordinance was $2,000.00 per offense, or ninety days in jail or ninety days community service. This was left to the discretion of the municipal court judge.

Angie Cardin, 304 Union Lane, thanked the Council for their efforts on behalf of the residents and the fact that outside entertainment was banned Monday through Thursday, but she questioned the list of holidays. She believed that Brielle was a resort community, but the

traditional holidays were Memorial Day, July Fourth and Labor Day, not the extensive list provided for by the ordinance. She urged Council to re-visit that issue.

Councilman Garruzzo felt that weather would render the matter a moot point on most of the holidays and Councilman Shaak noted that the business Ms. Cardin was most concerned about, Waypoint 622, was a seasonal business, albeit they could opt for a BYOB policy.

Councilman Visceglia reminded the public that the ordinance was intended to address the noise issue on a town wide basis and is applicable to all commercial property. Restriction can still be placed on individual liquor licenses if deemed to be necessary.

Thomas Stuhrmann then raised the issue of a DJ and asked whether or not they were considered “live” entertainment or controlled background music?

The consensus of Council was that a DJ was not a live performer and therefore capable of being controlled. Attorney Montenegro added that noise that was clearly audible beyond the premises was still an ordinance violation.

Councilman Garruzzo offered that it was primarily an enforcement problem. Situations would be addressed as they arose.

Angie Cardin reminded the Council that a DJ can be very loud and noise degraded the quality of life for many residents.

James Aloi, 108 Ocean Avenue, asked when penalties were assessed. Attorney Montenegro explained that there was no set number, but a municipal court judge could take into consideration the number of complaints received when hearing the case and assess a penalty accordingly.

The public portion was adjourned on a motion by Councilman Shaak seconded by Councilman Garruzzo.

There being no further comments, the meeting was adjourned at 8:05 pm on a motion by Councilman Garruzzo seconded by Councilman Gorham.



Approved: December 14th, 2015


_____________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-92-A
Date: November 23rd, 2015


RESOLUTION OF THE BOROUGH OF BRIELLE

BE IT RESOLVED, to appoint Matthew Michael Mangine, 1148 Bradford Drive, Point Pleasant, New Jersey as a Class II Special Police Officer, with an effective date of November 23rd, 2015.


Moved By: Councilman Garruzzo
Seconded By: Councilman Nolan

Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. None abstained.

Absent: Councilman Gianforte.

CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on November 23rd, 2015.

Witness my hand and seal of the Borough of Brielle this 24th day of November, 2015.




__________________
Thomas Nolan
Municipal Clerk




Resolution No.:15-92-B
Date: November 23rd, 2015



RESOLUTION OF THE BOROUGH OF BRIELLE

BE IT RESOLVED, that the Borough Administrator, Thomas F. Nolan, is hereby authorized, by the Governing Body of the Borough of Brielle, to execute a Change Order for the Union Lane Water Main Replacement Project, designated as Change Order No. 5. This change represents an adjustment to certain quantity line items and a reduction of $123,000.00 to the contract price.


Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed None abstained.
Absent Councilman Gianforte



CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on November 23rd, 2015.

Witness my hand and seal of the Borough of Brielle this 24th day of November, 2015.

SEAL



Thomas F. Nolan
Municipal Clerk



Resolution No: 15-92-C
Date: November 23rd, 2015



RESOLUTION OF THE BOROUGH OF BRIELLE

BE IT RESOLVED, that the Borough Administrator, Thomas F. Nolan, is hereby authorized, by the Governing Body of the Borough of Brielle, to execute a Change Order for the Union Lane Water Main Replacement Project, designated as Change Order No. 6. This change is for various project modifications and a net increase of $8,176.00 to the contract price.


Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed. None abstained.

Absent Councilman Gianforte



CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on November 23rd, 2015.

Witness my hand and seal of the Borough of Brielle this 24th day of November, 2015.




__________________
Thomas Nolan
Municipal Clerk




Resolution No.: 15-92-E
Date: November 23rd, 2015



A Resolution of the Borough of Brielle Requesting Approval of the Director of Local Government Services To Establish a Dedicated Trust by
RIDER FOR Snow Removal Reserve Trust Fund (PL 2001, c.138)
PURSUANT TO Blanket Provision

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenues is not subject to reasonable accurate estimates in advance, and;

WHEREAS, Blanket Provision allows municipalities to receive amounts for costs incurred for Snow Removal Reserve Trust Fund, and

WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,

NOW, THEREFORE, BE IT RESOLVED, by the Borough of Brielle, County of Monmouth, as follows:

1. The Borough of Brielle herby request permission of the Director of the Division of Local Government Services to pay expenditures for Snow Removal Reserve Trust Fund as per N.J.S.A. 40A:4¬39.
2. The municipal clerk of the Borough of Brielle is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.


CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on November 23rd, 2015.

Witness my hand and seal of the Borough of Brielle this 24th day of November 2015.



__________________
Thomas F. Nolan
Municipal Clerk

 

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