Borough of Brielle, NJ
| March 28, 2016
March 28th, 2016
MINUTES March 28th, 2016 WORK SESSION START: 7:30 PM
PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, & NOLAN, ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUNCILMAN GORHAM, SHAAK and VISCEGLIA
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 convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who had advised that he had nothing to report.
However, Padraig Rian Kerrigan had requested permission to present a Eagle Scout Service Project Proposal to the Council.
Mr. Kerrigan proposal envisioned a two-fold approach to improving Carpenters Park. He would be replacing the old boarders with new ones and be adding fresh mulch. Playground equipment would be refurbished. In addition, he would take advantage of the park’s proximity to the NJ Transit railroad tracks as an educational tool for children five to ten years old, by placing signage that would feature information on the various train engines that utilized the route. A new sign designating “Carpenters Park” would also be included in the signage.
Councilman Nolan interjected that the Board of Recreation had reviewed the plan and it had their full support.
Mayor Nicol advised that he recalled a memorial plaque at the location for Jean Wetzel and he trusted that if there it would be preserved. Mr. Kerrigan said that no existing memorials would be disturbed.
Council gave their authorization.
There being no further comment, work session was adjourned at 7:35 p.m. on a motion by Councilman Gianforte, seconded by Councilman Nolan.
MINUTES March 28th, 2016 START: 7:36 P.M.
PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, NOLAN, ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUNCILMAN GORHAM, SHAAK & VISCEGLIA
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the March 14th Regular Meeting were approved on a motion by Councilman Gianforte seconded by Councilman Nolan; all aye; no nays. Passed
Councilman Gianforte seconded by Councilman Nolan introduced Resolution 16-30 for Passage of the Consent Agenda.
A. (See insertion)
B. (See insertion)
C. (See insertion)
Vote: Council Members Garruzzo, Gianforte & Nolan; all aye, No nays. Passed
Councilman Garruzzo seconded by Councilman Nolan introduced Resolution 16-31 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 28th, 2016, 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: all aye. No nays. Passed. (Note: Councilman Gianforte & Nolan were appointed to the Finance Committee for purposes of this meeting).
Mayor Nicol announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER FOUR OF THE CODE OF THE BOROUGH OF BRIELLE TO CREATE A NEW SECTION TO BE ENTITLED “DEALERS IN PRECIOUS METALS AND OTHER SECOND HAND GOODS”.
The hearing was opened on a motion by Councilman Gianforte seconded by Councilman Nolan.
The Commissioner Garruzzo explained that the ordinance provided the Detective Bureau with additional tools to recover stolen goods.
The hearing was closed on a motion by Councilman Garruzzo seconded by Councilman Nolan.
Councilman Garruzzo seconded by Councilman Gianforte, introduced resolution 16-32 for adoption on passage and final reading. Vote: Council members Garruzzo, Gianforte, Nolan; No nays. Passed
Councilman Garruzzo seconded by Councilman Nolan, introduced resolution 16-33 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Councilman Garruzzo, Gianforte, Nolan; all aye. No nays. Passed
Mayor Nicol announced that the time had arrived for a hearing and further consideration of “CALENDAR YEAR 2016-AN ORDINANCE TO EXCEED THE MUNICIPAL APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-
The hearing was carried to the meeting of April 11th and the enabling motion, made by Councilman Garruzzo seconded by Councilman Gianforte, was passed; all aye. This action was deemed to be sufficient judicial notice that the hearing had been carried.
Mayor Nicol then called for committee reports and recognized Councilman Gianforte who had no report, but praised the Board of Recreation and the Brielle Community for the success of the annual Easter Egg Hunt. He termed it “his favorite event of the year”.
Councilman Nolan also cited the success of the annual Easter Egg Hunt and thanked both Recreation John Devereux and volunteers such as Councilman Gianforte for making it such a positive experience. Councilman Nolan reminded the public that the Star Wars characters would be at the Library on April 5th. March 31st was the deadline for Jean Wetzel scholarship applications and on April 2nd @ 10:00am Battleship New Jersey Living History Day would be observed.
Councilman Garruzzo advised that the Police would be participating in the Distracted Driving 2016 Statewide Crackdown from April 1st through 21st. April being National Distracted Driver Month. The campaign slogan is UDRIVE, UTEXT, UPAY.
Mayor Nicol then opened the meeting to the public and recognized James Cali, 304 Brielle Avenue, who voiced a concern over the Monmouth County reassessment program and noted that a number of municipalities had “opted out”; he asked why Brielle had not?
Mayor Nicol explained that the Council had reviewed the matter and the consensus was that the ultimate benefits to be derived outweighed the initial problems and it was prudent to remain with the program.
Attorney Montenegro interjected that the State had subsequently advised the County Board of Taxation that “opting-out” was not an option.
Nancy Nocera, 404 Chester Avenue, felt the Council should opt out as the program was corrupt and under investigation by the Prosecutor.
Susan Schreck, 111 Lake Avenue, voiced her concern over the accuracy of the assessment and the criteria used. She felt that the Brielle Taxpayers were being ill served and urged an opt-out; she also asked how many properties had been reassessed?
The Administrator advised that it was a five year program with 20% of homes being reassessed each year for five years until everyone was at or close to real market value.
The Attorney stated that tax varies based on assessed value. Ms. Schreck took exception to the fact that her home was unlike others in the neighborhood and she was uncertain if the assessment reflected her particular property.
Ms. Schreck then asked if the County paid for the program. Attorney Montenegro replied that the Borough had to bear the cost which the Administrator estimated at $15,000.00.
James Gallagher, 528 Harris Avenue, stated that the process by which the contractor was selected by the county had to be tainted as that vendor received forty-three out of fifty-three contracts.
Attorney Montenegro reiterated that the homeowner had the right to appeal his tax assessment.
A discussion ensued as to the methodology employed in obtaining an assessment and the Attorney explained that it was not simply based on square footage, but also size and location, and comparable sales price.
Councilman Nolan asked if there were any legal consequences from opting out or staying in?
The Attorney replied “none” if Brielle stayed in. Opting-out was no longer an option according to the State & County, so if Brielle opted out there could be a legal test as to the validity of that action.
Councilman Gianforte noted that there was no investigation underway in Brielle, there was no reason to assume that any improper actions had taken place, the matter was being investigated by the County Prosecutor and if any wrong-doing was confirmed then appropriate action would be taken.
Nancy Nocera said she had read articles in the press that the Wall Tax Assessor had been suspended.
Councilman Gianforte noted that at present these were “allegations”.
Councilman Garruzzo advised that he was in the 20% and had received notice of an increase in his assessment. He noted that the members of the Governing Body were all taxpayers and they would never undertake any actions that would be harmful to the residents.
Janine Leonhardt 407 Leslie Avenue asked if the Council knew how many homes were reassessed.
The Administrator advised 20% of homes and that they were selected at random.
Ed Hendricks, 506 Borrie Avenue, stated that his assessment had increased by 30% over two years. His property was in a flood zone and the assessor took no account of this fact. He acknowledged that he understood his right to appeal, but the process was onerous; he felt that the entire system was flawed.
Richard Holmquist, 504 Green Avenue, stated that he had been told at a prior meeting that, under the new system, property was assessed on an annual basis, was that true.
The Administrator noted that there currently, when the county believed that assessments did not accurately reflect property values, a revaluation was ordered. They ran around $250,000. The new system was intended to, over the course of five years, to ensure that assessments and true value were kept close; this would avoid costly revaluations and limit tax appeals.
Ed Hendricks reiterated his concern over the need to appeal his taxes. The Attorney explained that the system, as established by state statute, provided the tax assessor with a “presumption of validity”. The Tax payer had the obligation to refute it.
Gayle Barbagelata, 929 Woodview Road, asked how the tax rate was determined. The Administrator explained that it was a combination of the municipal, school and county tax rates.
Mayor Nicol added that the municipal rate was 27% of the total rate or approximately $.27 of each tax dollar.
Ms. Barnagelata then brought a water problem to the attention of the Council. Since 2008 she had experienced discoloration in her water and produced a sample for Council.
She advised that representatives of Birdsall Engineering, in particular one Patrick Cole, along with Superintendent Robert McArthur, had pursued a range of remediation that included flushing the lines, and taking samples, but she had never received any formal report and had been told that only a verbal report was given by Mr. Cole.
Ms. Barnagelata had replaced her washing machine, hot water heater, and had her own water lines inspected by a plumber. Nothing worked. She asked for relief.
The Mayor said he would address the matter expeditiously.
There being no public comment the meeting was adjourned at 8:20 pm on a motion by Councilman Garruzzo, seconded by Councilman Gianforte
Approved: April 11th, 2016
Thomas F. Nolan
Resolution No: 16-30-A
Date: March 28th, 2016
RESOLUTION OF THE BOROUGH OF BRIELLE
WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987 c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and
WHEREAS, The New Jersey Department of Environmental Protection and Energy has promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and
WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and
WHEREAS, A resolution authorizing the Borough of Brielle to apply for such tonnage grants for calendar year 2016 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Borough of Brielle to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and
WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Brielle hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and Energy and designates Bob McArthur. to ensure that the application is properly filed; and
BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to-be used solely for the purposes of recycling.
Vote: Council members Garruzzo, Gianforte and Nolan: all aye, no nays
The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on March 28th, 2016.
Witness my hand and seal of the Borough of Brielle this 29th day of March 2016.
Thomas F. Nolan
Resolution No: 16-30-B
Date: March 28th, 2016
TAX IDENTIFICATION STATEMENT
WHEREAS, The Recycling Enhancement Act, P.L.2007, chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, There is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.
WHEREAS, Whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the "Local Public Contracts Law", the amount of the grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.
REA Tax certified by: M&S Waste
Name of Official: Thomas Nolan
Title of Official: Administrator
Date: March 28th, 2016 2000.92 Tons @ $3.00 per ton = $6,002.76
Thomas F. Nolan
Resolution No: 16-30-C Date: March 28th, 2016
Resolution of the Borough of Brielle
Whereas: on March 21st, 2016 Brielle Education Foundation, PO Box 162, Brielle, NJ 08730 submitted Raffle Application No. 2016-5 ID, No. 57-5-37135 for an on-site merchandise Raffle, to be held at 403 Sycamore Lane Brielle, NJ 08730 on May 13th, 2016 at 3 pm.
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.
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 28th, 2016.
Witness my Hand and Seal of the Borough of Brielle this 29th day of March 2016.
Thomas F. Nolan