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A Community by the River

Borough of Brielle, NJ


January 8, 2007

February 07 2007

January 8, 2007

Page 6

MINUTES JANUARY 8th, 2007 WORK SESSION START: 7:30PM

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, NOLAN, SCOTT & SHAAK. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: COUN. GORHAM.

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised the Council that he had nothing to report, but advised an executive session would be needed to discuss contract negotiations.

Mayor Nicol then read a Proclamation in honor of the Manasquan High School State Championship Football Team.


WHEREAS, the Manasquan High School Varsity Football Team has distinguished itself by winning two consecutive New Jersey State Football Championships, for a total of seven Championships during the past ten years, in addition to their first Championship of 1990, and

WHEREAS, it is fitting and right that such extraordinary achievement be recognized by the residents of the Borough of Brielle.

NOW, THEREFORE BE IT PROCLAIMED, that Monday, January 8th, 2007 be proclaimed as “Manasquan High School Football Team Day” in the Borough of Brielle, and

BE IT FURTHER PROCLAIMED, that all residents are asked to join with the Governing Body in paying homage to these magnificent players and their unparalleled record of success.
______________________________________________________________________________
Mayor Nicol, along with Coun. Bolger, Nolan & Shaak then presented awards to those Brielle Residents who were members of the Manasquan High School State Champion Football Team.

James Darby
Brendan Dooley
Richard Dulski
Bryson McTighe
Bradford Newman
Jack Novak
Shane Roland

Coun. Bolger noted that he was a former coach and a longtime fan and he stated that the team’s achievement was remarkable and it was difficult to drawn an appropriate analogy, but he thought the achievement was akin to such dynasties as Celtics, UCLA Basketball and the Yankees.
Page 7

Coun. Bolger praised Coach Vic Kubu, the program and the players and interjected that it had been achieved without a Morgan on the team; he then praised Assistant Coach Everett Morgan and added that his presence meant that there was always a Morgan associated with the team.

Coun. Nolan then presented plaques in recognition of the contribution made to the 75th Anniversary Celebration of the Manasquan Inlet to:

John Devereux
Bogan’s Deep Sea Fishing
Brielle Chamber of Commerce

Coun. Nolan praised Mr. Devereux stating that “he worked harder than anyone”. Coun. Nolan also thanked the Bogans for masterminding the nautical aspects of the celebration and the Chamber for their assistance with the printing and programs.

The Work Session was adjourned at 7:40p.m. on a motion by Coun. Shaak, seconded by Coun. Garruzzo.



























Page 8

MINUTES JANUARY 8th, 2007 REGULAR MEETING. START: 7:42 P.M.

PRESENT: MAYOR NICOL, COUN. BOLGER, GARRUZZO, GORHAM, NOLAN, SHAAK & SCOTT. ATTORNEY BEN MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: NONE. (NOTE: COUN. GORHAM ARRIVED AT 8:05 P.M.)

Mayor Nicol convened the meeting in compliance with the Open Public Meetings Act and asked for a motion, made by Coun. Garruzzo and seconded by Coun. Nolan, to accept and file the minutes of the December 26th, 2006 meeting, the 2006 Executive Session Minutes and the January 2nd, 2007 Organization Minutes; all aye. (Note: Coun. Shaak abstained on the Minutes of 12/26/06.

Coun. Garruzzo, seconded by Coun. Shaak, introduced Resolution 07-12 for passage of the Consent Agenda.

Resolutions:

07-12-A (see insertion).
07-12-B (see insertion).
07-12-C (see insertion).
07-12-D (see insertion).
07-12-E (see insertion).
07-12-F (see insertion).
07- l2-G (see insertion).
07-12-H to authorize BRB Valuation and Consulting services to prepare an Appraisal Report re: 2006 Tax Appeal, Block 99.03, Lots 7 & 7.01 at a cost of $3,500.00.
07-12-I (see insertion).
07-12-J (see insertion).

Motions:

None.

Vote: Coun. Bolger, Garruzzo, Nolan & Scott, Shaak; all aye. No nays. Passed.

(Note: Coun. Bolger abstained on Resolution 07-12-H).

Coun. Garruzzo, seconded by Coun. Shaak, then introduced Resolution 07-13- TO TRANSFER FUNDS (see insertion).

Vote: Coun. Bolger, Garruzzo, Nolan & Scott, Shaak; all aye. No nays. Passed.


Resolution No: 07-12-A
Date: January 8th, 2007

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Borough Attorney

WHEREAS, the Borough of Brielle has retained the services of the firm of Montenegro, Thompson, Montenegro & Genz, inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 8th day of January 2007, that;


1. Nicholas C. Montenegro of the firm of Montenegro, Thompson, Montenegro & Genz is hereby retain by the Borough of Brielle as the Municipal Attorney for the fiscal year 2007 to perform to the terms of the Agreement between the Municipal Attorney and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A.40A: ll-5(l) (a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined to exceed the S 17,500.00 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.

5. The contractor is required to file a Business Entity Disclosure Certificate with the Borough of Brielle and a Political Contribution Disclosure Form.


6. Funds for payment of this contract have been provided for in the 2007 Temporary Budget and shall be included in the 2007 Municipal Budget.
7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J. S.A.40A11:-5(l)(a)and(i) and N.J.S.A.19:44A-20.5,

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 8th, 2007.

Witness my hand and seal of the Borough of Brielle this 9th day of January, 2007.




______________________________
Thomas F. Nolan
Municipal Clerk





























Resolution No: 07-12-B
Date: 8th January 2007

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Municipal Engineer; and


WHEREAS, the Borough of Brielle has retained the services of Alan P. Hilla, Jr. of Birdsall Engineering, Inc. inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 8th day of January 2007, that;

1. Alan P. Hilla, Jr., is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2007 to perform to the terms of the Agreement between the Municipal Engineer and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a Professional Service” in accordance with N.J.S.A.40A:11-5(1)(a) and (j) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined to exceed the $17,500 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.

5. The contractor is required to file a Business Entity Disclosure Certification and a Political Contribution Disclosure Form with the Borough of Brielle.


6. Funds for the payment of this contract have been provided for in the 2007 Temporary Budget and shall be included in the 2007 Municipal Budget.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A:11-5(l) (a) and N.J.S.A.19:44-20.5.



Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 8th, 2007.

Witness my hand and seal of the Borough of Brielle this 9th day of January 2007.





________________________
Thomas F. Nolan
Municipal Clerk























Resolution No: 07-12-C
Date: 8th January 2007


RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRLELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Auditor; and

WHEREAS, the Borough of Brielle has retained the services of Robert A. Hulsart inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 8th day of January 2007, that;


1. Robert A. Hulsart is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2007 to perform to the terms of the Agreement between the Auditor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:ll-5(l) (a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined to exceed the $17,500.00 threshold.

4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.

5. The Contractor is required to file a Business Entity Disclosure Certification and a Political Contribution Disclosure Form with the Borough of Brielle.

6. Funds for payment of this contract have been provided for in the 2007 Temporary Budget and shall be included in the 2007 Municipal Budget.

7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A:11-5(l) (a) and (j) and the provisions of N.J.S.A. I 9:44A-20 .5.


Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 8th, 2007.

Witness my hand and seal of the Borough of Brielle this 9th day of January 2007.




__________________
Thomas F. Nolan
Municipal Clerk





























Resolution: 07-12-D
Date: January 8th, 2007

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Municipal Prosecutor; and

WHEREAS, the Borough of Brielle has retained the services of James W. Hozapfel and the firm of Citta Hozapfel & Zabarsky, inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 8th day of January 2007, that;

1. James W. Hozapfel and the firm of Citta, Hozapfel & Zabarsky, is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2007 to perform to the terms of the Agreement between the Municipal Prosecutor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:II-5(I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44A-20.5

5. Funds for payment of this contract have been provided for in the 2007 Temporary Budget and shall be included in the 2007 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 8th, 2007.

Witness my hand and seal of the Borough of Brielle this 9th day of January 2007.




______________________________
Thomas F. Nolan
Municipal Clerk

































Resolution No: 07-12-E
Date: 8th January 2007

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and


WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Labor Attorney; and


WHEREAS, the Borough of Brielle has retained the services of James W. Holzapfel and the firm of Citta, Holzapfel & Zabarsky inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and


WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;


NOW, THEREFORE, be it resolved that as of this 8th day of January 2007, that;

1. James. W. Holzapfel, and the firm of Citta, Holzapfel & Zabarsky is hereby retained by the Borough of Brielle as its Labor Counsel for the fiscal year 2007 to perform to the terms of the Agreement between the Labor Counsel and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A.40A:II-5(I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A.19:44A-20.5

5. Funds for payment of this contract have been provided for in the 2007 Temporary Budget and shall be included in the 2007 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 8th, 2007.

Witness my hand and seal of the Borough of Brielle this 9th day of January, 2007.




_________________________
Thomas F. Nolan
Municipal Clerk


































Resolution No: 06-13-F
Date: January 8th, 2007

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT


WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and

WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Assistant Prosecutor; and

WHEREAS, the Borough of Brielle has retained the services of James D. Carton, IV inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and

WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 8th day of January, 2007 that;

1. James D. Carton IV is hereby retained by the Borough of Brielle as its Assistant Prosecutor for the year 2007 to perform to the terms of the Agreement between the Assistant Prosecutor and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A.40A:ll-5 (l)(a) and (i) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that the value of this Contract shall not exceed the $17,500.00 threshold established by N.J.S.A.19:44a-20.5 and the Contractor shall not be required to file a Business Entity Disclosure Certification.

4. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 8th, 2007.

Witness my hand and seal of the Borough of Brielle this 9th day of January, 2007.


_________________________
Thomas F. Nolan
Municipal Clerk
Resolution No: 07-12-G
Date: January 8th, 2007

BOROUGH OF BRIELLE
MONMOUTH COUNTY
NEW JERSEY

RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE FINANCING OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE ATTACHED AGREEMENT (CONTRACT AWARDED WITHOUT COMPETITIVE BIDDING PURSUANT TO THE LOCAL PUBLIC CONTRACTS LAW, N.J.S.A. 40A:11-1 ET SEQ), AUTHORIZED BY THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, NEW JERSEY.


WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds and other obligations and other matters relating to capital financing by the Borough of Brielle, County of Monmouth, New Jersey (herein the “Borough”); and


WHEREAS, such specialized legal services can be provided only by a recognized Bond Counsel firm, and the law firm of McLaughlin, Gelson, D’Apolito & Stauffer, LLC, Wall, New Jersey, are so recognized by the financial community; and


WHEREAS, the services to be performed are “professional services” as defined in the Local Public Contracts Law, N.J.S.A. 40A:11-2(6), and therefore are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and


WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; and


WHEREAS, funds are or will be available for this purpose.


NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY AS FOLLOWS:

1. That the Borough Council hereby appoints the firm of McLaughlin, Gelson, D’Apolito & Stauffer, LLC, Attorneys at Law, Wall, New Jersey, to serve as Bond Counsel to the Borough in connection with the financing of capital projects, and awards the contract which is annexed hereto and made a part hereof (the “Contract”), in accordance with N.J.S.A. 40A:11-1 et seq.

2. That the Mayor or other appropriate official of the Borough, on behalf of the Borough, is hereby authorized and directed to execute the Contract and the Clerk is hereby authorized and directed to attest to the execution of said Contract for professional services in connection with the preparation of aH bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matters of capital and debt financing by the Borough.

3. That no appropriation of funds is required at this time, payment coming from the proceeds of the sale of bonds, bond anticipation notes and tax anticipation notes or similar obligations or from capital authorizations or other appropriate budgeted items in accordance with the attached Contract.

4. That this Contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), because legal services are a recognized profession licensed and regulated by law.

5. That a notice in accordance with this resolution and the Local Public Contracts Law shall be published in the official newspaper or newspapers of the Borough

6. That an executed copy of the Contract and a copy of this resolution shall be filed in the Office of the Clerk and be available there for public inspection in accordance with law.

7. That this resolution shall take effect immediately.


CLERK’S CERTIFICATE

I, THOMAS F. NOLAN, Clerk of the Borough of Brielle in the County of Monmouth, New Jersey DO HEREBY CERTIFY that annexed hereto is a true and complete copy of a resolution adopted by the Borough Council of the Borough of Brielle at a duly convened meeting held on January 8th, 2007. Said resolution has not been amended or repealed and remains in full force and effect on this date.


IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of said Borough as of this 9th day of January, 2007.

BOROUGH OF BRIELLE, IN THE COUNTY
(SEAL) OF MONMOUTH, NEW JERSEY

_____________________________________
THOMAS F. NOLAN, CLERK


RESOLUTION NO.

BOROUGH OF BRIELLE
COUNTY OF MONMOUTH

WHEREAS, 40A-58 provides for making transfers between Budget appropriation Reserve Accounts during the months of January, February and March, and

WHEREAS, it has become necessary at this time to expend funds in excess of the sums appropriated for the purposes specified in the 2006 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 that 2/3 of the full membership of the governing body affirmatively confirming), that the following transfers be made between the appropriation accounts in the 2006 Budget:

From:
Administration, S/W $ 5,000.00
Police, O/E 6,000.00
Police Vehicle Lease 6,000.00
Total $ 17,000.00

To:
Utility $ 6,000.00
Buildings/Grounds 5,000.00
Municipal Land Use 6,000.00
Total $ 17,000.00

From:
Water/Sewer Group Insurance $ 6,000.00
Water/Sewer SMRSA 1,400.00
Total 7,400.00


To:

Water/Sewer O/E $ 7,400.00


Approved: January 8th, 2007





RESOLUTION NO: 07-10 DATE: JANUARY 2nd, 2007

TEMPORARY BUDGET

BOROUGH OF BRIELLE

WHEREAS, N.J.S. 40A:4-19 OF THE REVISED STATUTES OF NEW JERSEY PROVIDES THAT, WHEN ANY CONTRACTS, COMMITTMENTS OR PAYMENTS ARE TO BE MADE PRIOR TO THE ADOPTION OF THE MUNICIPAL BUDGET, THE GOVERNING BODY SHALL, BY RESOLUTION, ADOPTED PRIOR TO JANUARY 31ST OF THE FISCAL YEAR, MAKE APPROPRIATIONS FOR THE PERIOD BETWEEN THE BEGINNING OF THE FISCAL YEAR AND ADOPTION OF THE BUDGET, AND

WHEREAS, THE DATE OF THIS RESOLUTION IS WITHIN THE FIRST THIRTY-ONE DAYS OF JANUARY, 2007, AND

WHEREAS. ONE QUARTER (25%) OF THE TOTAL APPROPRIATIONS MADE IN THE 2006 MUNICIPAL BUDGET, EXCLUDING APPROPRIATIONS MADE FOR INTEREST AND DEBT REDEMPTION CHARGES & CAPITAL IMPROVEMENT FUND IN SAID BUDGET IS THE SUM OF $2,049,146.97.

NOW THEREFORE BE IT RESOLVED. THAT THE FOLLOWING TEMPORARY APPROPRIATIONS (THE AGGREGATE AMOUNT OF WHICH DOES NOT EXCEED THE AMOUNT SHOWN IN THE PREAMBLE ABOVE), IN THE AMOUNT OF $2,049,146.97, BE MADE AND A CERTIFIED COPY OF THIS RESOLUTION BE TRANSMITTED TO THE CHIEF FINANCE OFFICER FOR HER RECORDS.

APPROPRIATIONS AMOUNT
GENERAL GOVERNMENT

ADMINISTRATIVE & EXECUTIVE
SALARIES & WAGES 20-120-1 $ 50,000.00
OTHER EXPENSES 20-120-2 11,250.00
EMERGENCY MANAGEMENT 25-252-2 750.00

ASSESSMENT OF TAXES
SALARIES & WAGES 20-150-1 6,250.00
OTHER EXPENSES 20-150-2 2,500.00

COLLECTION OF TAXES
SALARIES & WAGES 20-145-1 9,500.00
OTHER EXPENSES 20-145-2 3,800.00
LEGAL SERVICES 20-155-2 30,000.00

BOROUGH HISTORIAN 150.00

MUNICIPAL COURT
SALARIES & WAGES 43-490-1 10,000.00
MUNICIPAL PROSECUTOR 25-275-2 6,000.00

ENGINEERING SERVICES 20-165-2 30,000.00

BUILDINGS & GROUNDS
OTHER EXPENSES 26-310-2 22,500.00

PLANNING BOARD
SALARIES & WAGES 21-180-1 1,600.00
OTHER EXPENSES 21-180-2 1,500.00

FINANCIAL SERVICES 20-130-2 10,000.00

BOARD OF ADJUSTMENT
SALARIES & WAGES 21-185-1 750.00
OTHER EXPENSES 21-185-2 2,500.00

SHADE TREE COMMISSION
OTHER EXPENSES 26-313-2 4, 500.00

ENVIRONMENTAL COMMISSION
OTHER EXPENSES 21-186-2 1,000.00

MERCANTILE INSPECTION
SALARIES & WAGES 22-200-1 919.00
OTHER EXPENSES 22-200-2 150.00

INSURANCE
OTHER INSURANCE PREMIUMS 23-210-2 58,000.00
WORKMANS COMPENSATION 65,254.92
GROUP INSURANCE 23-220-2 125,000.00

PUBLIC SAFETY

FIRE COMPANY
OTHER EXPENSES 25-255-2 8,225.00

FIRST AID ORGANIZATION 25-260-2
OTHER EXPENSES 6,400.00

POLICE
SALARIES & WAGES 25-240-1 400,000.00
OTHER EXPENSES 25-240-2 40,000.00
VECHICLE PURCHASE/LEASE 25-240-2 25,000.00
SICK TIME PURCHASE OPTION 30-415-2 10,000.00

CODE ENFORCEMENT OFFICER

SALARIES & WAGES 25-195-1 2,150.00
OTHER EXPENSES 25-195-2 450.00

STREETS & ROADS

SALARIES & WAGES 26-290-1 95,000.00
OTHER EXPENSES 26-290-2 25,000.00
STREET LIGHTING (SEE UTILITIES)
VEHICLE MAINTENANCE 26-315-2 12,000.00

SANITATION

GARBAGE & TRASH REMOVAL
CONTRACTUAL 32-465-2 55,000.00
OTHER TRASH EXPENSES 26-305-2 70,000.00
(INCLUDES RECYCLING OTHER)
HEALTH & WELFARE
BOARD OF HEALTH
SALARIES & WAGES 27-330-1 900.00
OTHER EXPENSES 27-330-2 100.00
HEALTH SERVICES CONTRACTUAL 27-330-2 16,000.00

BOARD OF RECREATION COMMISSIONERS
SALARIES & WAGES 27-345-1 8,750.00
OTHER EXPENSES 27-345-2 8,000.00

MUNICIPAL LAND USE 21-180-2 11,000.00

AID TO LIBRARY 29-390-2 32,000.00
ZONING OFFICER 22-187-1
SALARIES & WAGES 22-187-2 10,000.00
OTHER EXPENSES 100.00

DOG REGULATION CONTRACTUAL 27-340-2 2,500.00

CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENT FUND 44-901-2 35,000.00*

STATUTORY EXPENDITURES

CONTRIBUTION TO SOCIAL SECURITY 36-472 65,000.00

DEBT SERVICE
RECYCLING PROGRAM

RECYCLING
SALARIES & WAGES 32-465-1 35,000.00
UTILITIES 31-432-2 70,000.00

APPROPRIATIONS

WATER UTILITY EXPENSES

OPERATING EXPENSES
SALARIES & WAGES 55-501-1 100,000.00
OTHER EXPENSES 55-502-2 40,000.00
N.J.S.W.S.A. 55-503-2 34,217.00
SMRSA 55-504-2 130,000.00
SMRSA IN FILTRATION/IN FLOW REMEDIATION 4,500.00
MONMOETH COUNTY IMPROVEMENT AUTHORITY 55-505 110,981.05
CAPITAL OUTLAY 55-512-2 35,000.00
GROUP INSURANCE 55-506-2 30,000.00
CONTRIBUTION TO SOCIAL SECURITY 55-541-2 15,000.00
TOTAL $1,997,146.97
LESS EXCEPTIONS 35,000.00
TOTAL $1,962,146.97
INTER-LOCAL AGREEMENTS

DISPATCH SERVICES 42-250-2 $ 25,000.00
MANASQUAN MUNICIPAL COURT INTER-LOCAL $ 40,000.00
CONSTRUCTION CODE SERVICES $ 22,000.00
TOTAL $2,049,146.97
Page 9

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 07-14 TO PAY 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, in the amount of same, for payment of the bills of January 8th, 2007, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Shaak, Nolan & Scott; all aye. No nays. Passed.

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.40A:4-4514).

Coun. Garruzzo, seconded by Coun. Scott, introduced Resolution 07-15 for passage on introduction and first reading of the foregoing Ordinance. Vote: Coun. Bolger, Garruzzo, Nolan. Scott & Shaak; all aye. No nays. Passed.

Coun. Scott, seconded by Coun. Nolan, introduced Resolution 07-16 to authorize publication of the foregoing Ordinance in the Coast Star for a hearing to be held on January 22nd, 2007, at 7:30 p.m., at Borough Hall. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for Committee Reports and recognized Coun. Scott who advised the public that the quarterly newsletters were now in the mail, having been delayed by the need to finalize the committee assignments.

Coun. Scott also reminded the public that, while Christmas Trees can be placed at the curb for chipping, all plastic bags should be removed. The Councilwoman also reiterated the fact that chip board could now be accepted for recycling as mixed paper. She also reminded the public that mixed paper should be placed in paper bags, never plastic.

Coun. Nolan cited the success of the Biddy Basketball Team with two hundred plus children enrolled and advised the public that the ‘Safe Routes To School” application had been submitted to NJDOT by the Borough Engineer. The plan envisioned sidewalks along the north side of Union Lane from Green Avenue to Legg Place.

As Council-President, Coun. Nolan then read the Committee Assignments.

2007 Council Committees


Administration & Personnel Chairman: Coun. Bolger Coun. Gorham
Coun. Scott
Budget & Finance Chairman: Coun. Gorham Coun. Garruzzo
Coun. Nolan
Public Safety Chairman: Coun. Garruzzo Coun. Bolger
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Coun. Shaak
Community Development Chairman: Coun. Shaak Coun. Garruzzo*
Coun. Gorham
Public Works Chairman: Coun. Scott Coun. Nolan
Coun. Shaak
Public Resources Chairman: Coun. Nolan Coun. Scott
Coun. Bolger

* Liaison to Planning Board

___________________________________________________________________
Coun. Garruzzo advised the public that state law requires each municipality to have a Domestic Crisis Intervention Team. The Wall Township team serves Brielle, Manasquan & Spring Lake in addition to Wall Township and, at this juncture the team is seeking volunteers from our Borough. These positions are gender neutral and a volunteer becomes an advocate to provide emotional support, referral information, legal advice, and to explain the dynamics of domestic violence.

Coun. Garruzzo explained that the volunteers would be subject to a legal background check and would receive forty hours of training through the “180 Turning Lives Around” program.

Additional information is available from the Wall Township Police Department at 732-449-4500 or the Brielle Police Department 732-528-5050. Applications are available at both locations.

Coun. Shaak advised that Stage One of the rehabilitation of the Route #35 Bridge would begin on January 15th and end around March 1st. Motorists should anticipate lane shifts.

Coun. Shaak noted that the Fire Company had responded to 165 emergency calls in 2006. He added that five new firemen were currently enrolled in mandatory 120 hour training at the Fire Academy.

Coun. Bolger stated that he would accept the new committee assignments, but he objected to the process because he didn’t “know what the process was”. He added that he had read that he was being removed from the Public Resources Committee in the Asbury Park Press. He objected to the new assignments insofar as he deemed the change unnecessary; he suggested that the new councilman simply assume former Coun. Lenzen’s committee assignments. This he felt would provide for continuity.

Coun. Bolger thanked John Devereux and Recreation Commission and the First Aid Squad for their harmonious relationship and he urged them to keep up their good work.

Coun. Bolger also thanked the Environmental Commission who he characterized as a quiet, but dedicated group and he urged them to continue to make their voice known as “their concerns were our concerns”. He also thanked the Shade Tree Commission for keeping the streets “cool”.

Turning to the Library, Coun. Bolger noted that the relationship had “not” been pleasant. Coun.
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Bolger pointed out that there was a difference between the Brielle Library and the Brielle Library Association. Coun. Bolger referenced talk of a “Council Vendetta” against the Library and he disputed it; he voiced his on-going support for the Library, but he noted that the Association was a group retained to operate the Library. “They do not own the Library”, he said.

They operate the Library on an annual basis and the Borough determines the amount of assistance that they will receive. However, in recent years the Association has systematically misrepresented its expenses and assets and the Borough had based its subsidy on those figures.

Coun. Bolger observed that the Association knew it was being over funded, but the misrepresentation was intentional and designed to extract tax dollars from the people of Brielle.

(At this juncture Ms. Alyson Honrath attempted to comment on Coun. Bolger’s report, but the Chair directed that all comments be held for the public portion and Coun. Bolger continued his report)

In summary, Coun. Bolger said that the misrepresentation resulted in $90,000 in excess funding and this simply was not right and it had to be corrected. Coun. Bolger stated that $190,000 in public funding was at stake and he had a recommendation on how to address this problem.

Coun. Bolger recommended that the approximately $32,000 remaining in the 2006 appropriation be cancelled to surplus. He recommended that the Borough Attorney be directed to take whatever legal steps were necessary to secure the return of the $90,000 to the Borough. Coun. Bolger also stated that the 2006 appropriation of $127,500 be reduced to $60,000 in 2007 and added that the Library Association had yet to submit a budget request for 2007, but based on the figures presented for 2006; he believed that $60,000 was sufficient to operate the Library.

Coun. Bolger also recommended that the Borough terminate its relationship with the Library Association and he compared them to a vendor such as Marpal, who provides the Borough with trash collection services. When a vendor fails to perform you terminate the contract.

With the end of 2006, Coun. Bolger believed that the Borough was no longer obligated to continue its relationship with the Association and he cited the events of recent months as proof that there could no longer be a relationship. The Association, he said, never addressed the issues or provided answers to the question he raised; instead they attempted to divert attention away from the real issues.

Coun. Bolger cited the October 26th Council Meeting where a former Trustee stated that the Library Director advised the Trustees to keep the surplus funds a secret. Ultimately this led to the Borough Attorney to recommend that the Chief of Police look into the matter and subsequently it led to a criminal investigation by the Prosecutor’s Office.

Coun. Bolger stated that he did not institute the investigation, but if others had not acted he would have. Coun. Bolger did not suggest that funds had been misappropriated or diverted; he left that to the Prosecutor, but regardless of the Prosecutor’s investigation, the issue was one of
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right and wrong and any vendor who acted as the Association had would see their contract terminated as their actions were detrimental to the taxpayer.

Coun. Bolger then addressed the issue of what would happen if the Association ceased to run the Library? Based on his investigation ‘we will not miss a beat”, he said. The services the residents of Brielle enjoy are provided by the County. Programs, books, DVDs and computers are all provided by the County and will continue to be.

In closing, Coun. Bolger asked his colleagues to take whatever legal steps were necessary to keep the Library open as the Borough had the funds and the authority to do so.

Coun. Gorham having no report, the meeting was open to the public and the Chair recognized Alyson Honrath, 701 Howell Drive, who stated that at a prior meeting the Council had passed a resolution barring discussion of the Library issue until the matter was concluded. She asked why it was being discussed now?

Mayor Nicol replied that no conclusion had been reached.

Coun. Garruzzo, seconded by Coun. Nolan introduced Resolution 07-17 to authorize an Executive Session. Vote: Coun. Bolger, Garruzzo, Nolan, Scott & Shaak; all aye. No nays. Coun. Gorham abstained. Passed.

Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and Whereas, the Borough Council of the Borough of Bridle is of the opinion that such circumstances currently exist. Now Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on January 8th, 2007, as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

2. The general nature of the subject matter to be discussed is as follows:
“Contract Negotiations”.

3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

The Executive Session began at 8:15 p.m. and ended at 9:08 p.m. The session was adjourned on a motion by Coun. Shaak, seconded by Coun. Garruzzo.

Coun. Bolger, seconded by Coun. Nolan introduced a motion to cancel the balance of the fourth quarter Library appropriation, now held in an accounts payable in the General Ledger, to surplus; all aye. No Nays. Motion Passed.

Page 13 January 8th, 2007

The Borough Attorney and the Administrator were directed to proceed with the contract negotiations as outlined in Executive Session.

The meeting was adjourned at 9:10 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.




Approved: January 22nd, 2007

____________________
Thomas F. Nolan
Municipal Clerk



 

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