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A Community by the River

Borough of Brielle, NJ


December 14, 2015

January 27 2016

December 14th, 2015

PAGE 107

MINUTES December 14th, 2015 WORK SESSION START: 7:30 PM

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

ABSENT: COUNCILMAN GORHAM

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.

Mayor Nicol then read a Proclamation (see insertion).

Whereas, The Borough of Brielle has been formed in accordance with applicable statutes, and
Whereas, Chapter VII of the code of the Borough of Brielle entitled “traffic” is silent on the subject of sleighs and Reindeer, and
Whereas, The necessities of the Holiday season demand clarification of this deficiency.
Now therefore be it resolved, That sleighs and Reindeer shall be permitted to land on rooftops in the Borough of Brielle during the period December 24th through December 25th (inclusive), and
Be it further resolved, that no parking citations shall be issued to operators of the aforementioned vehicles provided that they fit the following description: “Little”, “Old”’ “Lively” & “Quick” & can produce valid identification that their name is “Saint Nick”.

Mayor Nicol then read his annual Christmas Resolutions (see insertion)

Whereas, the Borough of Brielle has been formed in accordance with applicable statutes, and
Whereas, the governing body of the Borough of Brielle seeks to ensure the well-being of all its residents, and
Whereas, it is in the best interests of the aforesaid Brielle residents, that there be a white Christmas.
Now therefore be it resolved, that there shall be snow in the Borough of Brielle during the period December 24th through December 25th, 2014, and
Be it further resolved, that the Borough Clerk shall forward a copy of this resolution to the appropriate "implementing" agencies.

There being no further discussion, the work session was adjourned at 7:38 pm on a motion by Councilman Gianforte seconded by Councilman Garruzzo.



PAGE 108

MINUTES December 14th, 2015 START: 7:39 P.M.

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

ABSENT: COUNCILMAN GORHAM

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 23rd, 2015 meetings were approved on a motion by Councilman Shaak seconded by Councilman Nolan; all aye; no nays. Passed

Councilman Gianforte seconded by Councilman Nolan, introduced Resolution 15-97 for Passage of the Consent Agenda.

Resolution:

A. (see insertion)
B. (see insertion)
C. (see insertion)
D. (see insertion)

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

Councilman Visceglia seconded by Councilman Shaak introduced Resolution 15-98 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 December 14th, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gianforte, Nolan, Shaak and 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 the representatives of the State Department of Environmental Protection, the NJDEP, advised that the Borough’s ordinance did not meet their requirements as a noise ordinance. However, the Borough Attorney advised that 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.

The amendments were deemed to be substantive the decision was made to republish the ordinance for a hearing to December 14th.
PAGE 109

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

Councilman Garruzzo reminded the public that the Ordinance was applicable throughout the Borough and not tailored to one particular establishment. Nonetheless, if any individual place of business was contributing to a noise problem that issue could still be addressed through other means available to the Borough.

Councilman Visceglia asked for clarification regarding whether or not a D.J. was considered to be “live” entertainment?

The consensus of the Council was a D.J. was a “live” performer and therefore banned after 10:00 pm. Nevertheless, in the interest of clarity and, after Attorney Montenegro advised that such an amendment to the language would not be deemed to be substantive providing that the change be approved by a vote of Council, Councilman Visceglia, seconded by Councilman Garruzzo, moved that the ordinance be amended to include a “D.J” specifically as a live performer subject to the prohibitions on live entertainment after 10:00pm as stated in the ordinance. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Councilman Gianforte asked if the ordinance banned even controlled background music on a Tuesday Night or any other night, when it was not specifically permitted by this ordinance, after 10:00 pm. The Attorney advised that his assumption was correct.

Richard Holmquist, 504 Green Avenue was recognized and he believed the ordinance addressed the concerns of the residents and although not perfect, it was fair. He pointed out that in a negotiated settlement neither party is completely satisfied.

Thomas Stuhrmann, 106 Ocean Avenue, felt that the amendment was “good”, but he asked how the controlled background music would be addressed after 10:00pm.

Councilman Garruzzo advised that the municipal ordinances already contained language on “clearly audible” noise beyond the property line; it was simply a matter of enforcement.

Chief Palmer being present, he explained that if a complaint was made and the responding officer made a determination that there was a violation, the option was to ask the source of the noise to lower it. In the event of a repeated offense, a summons would be issued that was answerable in municipal court.

Councilman Visceglia asked Chief Palmer if there was a difference between a violation before and after 10:00 pm.

Chief Palmer explained that before 10:00 pm a decibel reading would be required to determine if a violation of ordinance had taken place. After 10:00 pm it was determined by the “clearly audible” criteria.

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Chief Palmer added that if there were an on-going noise problem, with an establishment that held a liquor license, the Borough could convene a hearing under the ABC Regulations and impose restrictions on that licensee.

Mr. Stuhrmann asked if noise could be heard, after 10:00pm, beyond the property line the police could take action. The answer was “yes” in response to a complaint or if an officer, in the normal course of his duty, heard the noise and deemed it to be a violation.

In response to an inquiry by Mr. Holmquist, Attorney Montenegro also pointed out that a private citizen could also file a complaint.

Mr. Stuhrmann offered that the ordinance had a “lot of goof points”, but added that its success depended to a great deal on the willingness of certain businesses to respect the local residents. He thanked the Council for their efforts.

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

Councilman Gianforte seconded by Councilman Shaak introduced Resolution 15-99 for passage on second and final reading. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-100 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. Passed.

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND ORDINANCE NO. 1039 FIXING THE SALARIES AND COMPENSATIONS OF THE VARIOUS OFICERS & EMPLOYEES OF THE BOROUGH OF BRIELLE”

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

The Administrator explained that the ordinance was a state requirement and it simply established ranges for the salaries paid to municipal employees.

The hearing was closed on a motion by Councilman Shaak, seconded by Councilman Garruzzo; all aye.

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-101 for passage on second and final reading. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. No nays. Passed.


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Councilman Nolan, seconded by Councilman Garruzzo, introduced Resolution 15-102 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol now called for committee reports and recognized Councilman Gianforte who had no formal report, but who wished everyone a Happy Holiday Season.

Councilman Nolan noted that the Library “Wrap for Relief” program would continue through December 22nd. The Library would be closed on December 24th, 25th and 31st, 2015 and January 1st, 2016.

Councilman Nolan also praised the Board of Recreation for their Christmas Tree Lighting program and reminded the public the Fire Companies Santa Rides would commence on December 19th. He added that the annual Bus Trip on Sunday had also been a success since everyone who had embarked returned. In closing he wished everyone a Happy Holiday.

Councilman Garruzzo had no report, but he also expressed his best wishes for the Holidays.

Councilman Shaak advised the public that the water tower project is nearing completion, but issues with water pressure and brown water might continue until the project is complete. The recycling center may also be closed periodically during this process.

The existing Union Lane water tank is scheduled to be demolished on Wednesday. In that event the DPW Yard will be closed to the public.

Leaf collection will end on December 31st, and residents are asked to keep the streets clear of leaves and debris until winter is over.

Councilman Shaak also informed the public that if their trash collection day is December 25th, the trash will be picked up on December 23rd. New Year’s Day, January 1st, trash date will be December 30th. He also expressed his best wishes to all for the Holiday Season.

Councilman Visceglia having no report, but wishing everyone a Happy Holiday, the meeting was opened to the public and the Chair recognized James Aloi, 108 Ocean Avenue, who asked the status of his drainage problem.

The Mayor advised that it was on the list of scheduled capital improvements for implementation in the spring of 2016. Mr. Aloi felt that Council should have moved more quickly to resolve his problem and cited Lake Avenue as an example of where they had acted quickly. The Mayor explained that the circumstances were different and in that instance funds had been available. Mr. Aloi was assured that his problem would be addressed. His neighbor, Mr. Stuhrmann asked if the work would include concrete curb as that could adversely impact his adjacent property. The reply was that curbing would not be included.
PAGE 112

Edward Burke, 406 Union Avenue, asked when the road in front of his property would be restored.

Mayor Nicol advised that the contractor would return early next year to profile the road eighteen inches on either side of the excavated trench where the new water main had been laid.

Mr. Burke also asked how it was that three storm drains had been constructed on Ashley Avenue and the drain next to his property was below grade and a collection point for leaves and debris.

The Mayor promised to address this concern through the Department of Public Works.

There being no further comments, Mayor Nicol wished everyone a Happy Healthy Holiday and a Merry Christmas. The meeting then was adjourned at 8:20 pm on a motion by Councilman Shaak, seconded by Councilman Nolan.

Approved: December 28th, 2015


_____________________
Thomas F. Nolan
Municipal Clerk















Resolution No: 15-97-A
Date: December 14th, 2015








RESOLUTION OF THE BOROUGH OF BRIELLE

BE IT RESOLVED, that the Business Administrator, Thomas F. Nolan, is hereby authorized to execute Change Order & Supplemental Agreement No. 1, for a reduction of $7,793.40 for Improvements to Holly Hill Drive-Phase II.





CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on December 14th, 2015.

Witness my hand and seal of the Borough of Brielle this 15th day of December 2015.




__________________
Carol McMenamy
Deputy Municipal Clerk





Resolution No.:15-97-B
Date: December 14th, 2015






RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, there is an escrow account for a variance application for Block 23.01, Lot 11, 618 Agnes Avenue, owned by Matthew & Lisa Kukoda, and

WHEREAS, the Construction Department has issued a final CO for the work they had done on their property and there are no outstanding bills to be paid,

NOW, THEREFORE, BE IT RESOLVED that the escrow fund balance in the amount of $440.00 be returned check made payable to Matthew & Lisa Kukoda.



CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on December 14th, 2015.

Witness my hand and seal of the Borough of Brielle this 15th day of December 2015.

SEAL


__________________
Thomas F. Nolan
Municipal Clerk






Resolution No: 15-97-C
Date: December 14th, 2015



RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, there is an escrow account for a Minor Subdivision for Block 31.01, Lot 5, 543 Woodland Avenue, owned by Robert & Jill Soriano, and

Whereas, the subdivision has been perfected and there are no further bills to be paid,

NOW, THEREFORE, BE IT RESOLVED that the escrow fund balance in the amount of $2,639.22 be returned, check made payable to Robert & Jill Soriano.


CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on December 14th, 2015.

Witness my hand and seal of the Borough of Brielle this 15th day of December 2015.




__________________
Thomas Nolan
Municipal Clerk





Resolution No.: 15-97-D
Date: November 23rd, 2015

RESOLUTION OF THE BOROUGH OF BRIELLE

Whereas, Njsa:40a58 Provides For Making Transfers Between 2015 Budget Appropriation Accounts During The Months Of November & December, And

Whereas, It Has Become Necessary At This Time To Expend Funds In Excess Of The Sums Appropriated For The Purposes Specified In The 2015 Budget, And

Whereas, The Governing Body May, By Resolution, Transfer An Existing Excess To An Appropriation Deemed Insufficient.

Now Therefore Be It Resolved, (No Less than 2/3 of the Full Membership Of The Governing Body Affirmatively Confirming), That The Following Transfers Be Made Between Appropriation Accounts In The 2015 Budget:

CURRENT:

FROM: MUNICIPAL LAND USE $5,000.00
ENGINERING O/E $5,000.00
STREETS S/W $10,000.00
TRASH O/E $10,000.00
TOTAL $30,000.00

TO: LEGAL O/E $30,000.00
TOTAL $30,000.00

CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on December 14th, 2015.

Witness my hand and seal of the Borough of Brielle this 15th day of December 2015.


__________________
Thomas F. Nolan
Municipal Clerk

 

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