www.briellenj.com
A Community by the River

Borough of Brielle, NJ


January 12, 2009

February 20 2009

January 12, 2009

PAGE 7

MINUTES JANUARY 12TH, 2009 WORK SESSION START: 7:30 P.M.

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

ABSENT: NONE.

Mayor Nicol convened 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 comments the work session was adjourned at 7:31 p.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.

PAGE 8

MINUTES JANUARY 12TH, 2009 START: 7:32:P.M.

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

ABSENT: NONE.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the December 22nd, 2008 Regular Meeting, 2008 Executive Session Minutes and the January 5th Organization Meeting were approved on a motion by Coun. Garruzzo seconded by Coun. Nolan; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Scott introduced Resolution 09-14 for passage of the Consent Agenda.

Resolutions:

A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. (see insertion).
F. (see insertion).
G. (see insertion).
H. (see insertion).
I. (see insertion).
J. (see insertion).
K. (see insertion).
L. (see insertion).
M. To authorize a payment schedule for Block 95.01, Lot 11, in the amount of $50.00 per month, plus interest, until the balance due, $264.20 is eliminated.
N. To appoint Brett Nielsen as Fire Inspector for the Bureau of Fire Protection.
O. (see insertion).
P. To authorize a professional service contract with Stephen Mayer as C.M.F.O.
Q. To renew the C.D.L. Drug Testing Program Contract with Connor Strong Risk Control.
R. (see insertion).
S. (see insertion).

Motions:

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

Resolution No: 09-14-A Date: January 12th, 2009

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 12th day of January 2009, 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 2009 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:11-5(1)(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 $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 2009 Temporary Budget and shall be included in the 2009 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(1)(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 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January, 2009.

___________________
Thomas F. Nolan Municipal Clerk

Resolution No. 09-14-B Date: 12th January 2009
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 12th day of January 2009, that;
1. Alan P. Hilla, Jr., is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2009 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 2009 Temporary Budget and shall be included in the 2009 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.19:4420.5.
Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January 2009.




____________________
Thomas F. Nolan Municipal Clerk

Resolution No: 09-14-C Date: 12th January 2009


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

WIHEREAS, 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 12th day of January 2009, that;

1 . Robert A. Hulsart, is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2009 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: 11-5(1)(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 2009 Temporary Budget and shall be included in the 2009 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:115(l)(a)and(j) and the provisions of N.J.S.A. 1 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 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January 2009.




______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 09-14-D
Date: January 12th, 2009

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:

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.

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 all 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.

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.

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.
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.

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.

That this resolution shall take effect immediately.

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January 2009.




_______________________
Thomas F. Nolan
Municipal Clerk








Resolution No: 09-14-E
Date: January 12th, 2009

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 Labor Attorney; and

WHEREAS, the Borough of Brielle has retained the services of James W. Holzapfel and the firm of Citta Holzapfel, Zabarsky & Simon, 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 12th day of January 2009, that;

1. James W. Holzapfel and the firm of Citta, Holzapfel, Zabarsky & Simon, is hereby retained by the Borough of Brielle as its Labor Attorney for calendar year 2009 to perform to the terms of the Agreement between the Labor 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:I I-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 2009 Temporary Budget and shall be included in the 2009 Municipal Budget.

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



_____________________
Thomas F. Nolan
Municipal Clerk


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 service of a Municipal Prosecutor; and
WHEREAS, the Borough of Brielle has retained the services of Ronald W. Sage 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 12th day of January 2009, that;

1. Ronald W. Sage is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2009 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:Il-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 2009 Temporary Budget and shall be included in the 2009 Municipal Budget.

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



The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January 2009.




_______________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 09-14-G
Date: January 12th, 2009

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 Municipal 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 12th day of January 2009, that;

1. James D. Carton IV is hereby retained by the Borough of Brielle as its Municipal Prosecutor for the calendar year 2009 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 Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

4. This contract is not subject to the provisions of N.J.S.A.I9:44a-20.5.

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

6. Funds for payment of this contract have been provided for in the 2009 Temporary Budget and shall be included in the 2009 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(1)(a) and N.J.S.A.19:44-20.5.

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January 2009.



_____________________
Thomas F. Nolan Municipal Clerk

Resolution No: 09-14-H Date: January 12th 2009


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 Public Defender; and
WHEREAS, the Borough of Brielle has retained the services of Timothy J. Wintrode, Esq. 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 12th day of January 2009, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2009 to perform to the terms of the Agreement between the Public Defender 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:1I-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, 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. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

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

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January 2009.




_______________________
Thomas F. Nolan
Municipal Clerk



RESOLUTION NO: 09-13-I
DATE: JANUARY 12th, 2009

RESOLUTION OF THE BOROUGH OF BRIELLE

Whereas, the need has arisen to appoint a Representative from the Borough of Brielle to the South Monmouth Regional Sewerage Authority for a five Year term commencing on February 1st, 2009 and ending on January 31st, 2014, and

Whereas, Thomas B. Nicol has served and is qualified to continue to serve in that capacity.

Now Therefore Be It Resolved, that Thomas B. Nicol is hereby appointed to serve as The Borough of Brielle’s Representative to the South Monmouth Regional Sewerage Authority.

CERTIFICATION

The foregoing is a true copy of a Resolution approved by the Brielle Mayor & Council at a meeting held on January 12th, 2009.

Witness my hand and the seal of the Borough of Brielle this 13th day of January 2009.



_______________________
Thomas F. Nolan
Municipal Clerk
SEAL






Resolution No. 09-14-J
Date: January 12th, 2009

Borough of Brielle Resolution

WHEREAS, there has been an overpayment of taxes for property known as Block 120, Lot 9.15 C0015,15 MARINERS BEND owned by RICHARD PIETRUSZKI and
WHEREAS, the payment resulted in a credit of $789.03 on the 1st 1/4 tax due Feb 1, 2009;

NOW, THEREFORE, BE IT RESOLVED that a check be drawn in the amount of $789.03 and refunded back to the aforementioned owner, for the above tax overpayment.


_______________________
Thomas F. Nolan
Municipal Clerk
SEAL

Resolution No. 09-14-K
Date: January 12th, 2009

Borough of Brielle Resolution

WHEREAS, there exists a Tax Title Lien number 2008-5 on property located at 605 Higgins Avenue, owned by COASTAL LIVING LLC and known as Block 70.01, Lot 10 , and

WHEREAS, this lien has been redeemed by COASTAL LIVING LLC

NOW, THEREFORE, BE IT RESOLVED that checks be drawn for the lienholder. The first in the amount of $34,902.37, made payable to CRUSADER LIEN SERVICES for redemption of this lien. The second for $9,000 for repayment of premium bid at sale.



_______________________
Thomas F. Nolan
Municipal Clerk
SEAL



Approved:

Resolution No: 09-14-L
Date: January 12th, 2009

Resolution of the Borough of Brielle

Whereas, Charlie Brown's of Brielle, Inc. d/b/a/ Charlie Brown's Steakhouse, License No.1308-33-012-010, has amended its current application to reflect changes to the corporate structure, and

Whereas, the Governing Body of the Borough of Brielle has no objection to this amendment.

Now Therefore Be It Resolved, that the amendment to Charlie Brown's of Brielle Liquor License Application is hereby approved pending the result of the consolidated investigation of the new corporate officers.
Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. None abstained. None absent.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on January 12th, 2009.

Witness my hand and seal of the Borough of Brielle this 13th day of January, 2009.
SEAL _____________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 09-14-O
Date: January 12th, 2009

Resolution of the Borough of Brielle

Whereas, the Escrow Account for Powerpenn Enterprises has a balance of $30,913.86, and

Whereas, the Borough Engineer has inspected the site and made a determination that all the requirements of the Planning Board Resolution have been met.

Now Therefore Be It Resolved, that the $30,913.86 balance held in escrow for Powerpenn Enterprises is hereby released and the CMFO is hereby authorized to issue a check in that amount to Powerpenn Enterprises.

_______________________
Thomas F. Nolan
Municipal Clerk
SEAL




Approved: 12th January 2009


Resolution No: 09-14-R
Date: January 12th, 2009

Borough of Brielle Resolution

Authorizing the Execution of a Commodity
Resale Agreement with the County of Monmouth

WHEREAS, N.J.A.C. 5:34-7.15 authorizes local contracting units to enter into Commodity Resale Agreements for the purchase of certain commodities from other contracting units; and

WHEREAS, the County of Monmouth has authorized the creation of the Monmouth County Commodity Resale System; and

WHEREAS, it would be in the best interest of this Municipality to become a member of the Monmouth County Commodity Resale System.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Brielle that the Mayor and Municipal Clerk be and they are hereby authorized to execute the attached Commodity Resale Agreement with the County of Monmouth.

BE IT FURTHER RESOLVED that the Municipal Clerk forward a certified copy of this resolution, along with the executed Commodity Resale Agreement to the Clerk of the Board of Chosen Freeholders, County of Monmouth, Hall of Records, 1 E. Main Street, Freehold, New Jersey 07728.



_______________________
Thomas F. Nolan
Municipal Clerk
SEAL

Resolution No: 09-14-S
Date: January 12th, 2009


BOROUGH OF BRIELLE RESOLUTION

Authorizing the Execution of a
Municipal Assistance / Shared Services Agreement
with the County of Monmouth

WHEREAS, the New Jersey Uniform Shared Services and Consolidation Act (C.40A:65-1, at seq) authorizes local units such as this Municipality to enter into shared service agreements with other local units; and

WHEREAS, the County of Monmouth, a local unit, has offered to provide municipal assistance / shared services to this Municipality; and

WHEREAS, it is in the best interest of this Municipality to into enter the proposed Municipal Assistance I Shared Services Agreement with the County of Monmouth.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Brielle that the Mayor and Municipal Clerk be and they are hereby authorized to execute the attached Municipal Assistance Shared Services Agreement with the County of Monmouth.

BE IT FURTHER RESOLVED that the Municipal Clerk forward a certified copy of this resolution, along with the executed Municipal Assistance / Shared Services Agreement to the Clerk of the Board of Chosen Freeholders, County of Monmouth, Hall of Records, 1 E Main Street, Freehold, New Jersey 07728.





_______________________
Thomas F. Nolan
Municipal Clerk
SEAL

RESOLUTION NO: 09-15
DATE: JANUARY 12th,, 2009

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, NJSA:40A58 PROVIDES FOR MAKING TRANSFERS BETWEEN 2008 BUDGET APPROPRIATION ACCOUNTS DURING THE MONTHS OF JANUARY, FEBRUARY AND MARCH

WHEREAS, IT HAS BECOME NECESSARY AT THIS TIME TO EXPEND FUNDS IN EXCESS OF THE SUMS APROPRIATED FOR THE PURPOSES SPECIFIED N THE 2008 BUDGET, AND

WHEREAS, THE GOVERNING BODY MAY, BY RESOLUTION, TRANSFER 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 2008 BUDGET:

CURRENT:

FROM: GROUP INSURANCE $17,900.44

TO: UTILITY O/E $12,908.69
LEGAL O/E $ 4,546.75
TAX ASSESSOR O/E $ 445.00
WATER/SEWER UTILITY

Page 9

(Note: Coun. Scott asked if the professional fees had been increased over those for 2008? The Administrator advised that they had not been increased. Coun. Scott offered that, in the future, it would be appropriate to distribute a copy of the contracts to the members of the Council prior to the meeting. The Administrator said that the information was available and could be provided to the Council. Coun. Nolan made an inquiry about the resolutions on Monmouth County and he was advised that "R" would permit the Borough to take advantage of the County commodity purchasing system and "S" would permit the employment of county workers, at the county rate, on an as needed basis. Frank Hartman, 611 Oceanview Road, asked if any of the professionals had made political contributions to Mayor & Council? The Administrator advised that they had not and each contract would contain a certification of that fact. William Brannick, 805 Schoolhouse Road, inquired about the Mayor's appointment to SMRSA. The Administrator explained that he had made an error on the date of the original resolution and SMRSA required a new corrected resolution.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 09-15 TO TRANSFER FUNDS.

Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 09-16 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 January 12th, 2009, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who had no official report, but remained grateful for the absence of snow so far this season.

Coun. Nolan advised the public of the Library's program on first time home buying to be held at 7:00 p.m. on Tuesday, January 13th. Coun. Nolan also cited the on-going Biddy Basketball program and Pee Wee Soccer sign-up set for February 21st & 28th, and March 5th, 2009. Coun. Nolan added that, in the event of snow, the annual "Build Your Own Snowman" contest would be held. Photos should be forwarded to Sherri Hopkins at Borough Hall.

Turning to the website, Coun. Nolan advised that the site had been maxed out and this had caused some items to be deleted. The problem had been fixed and the site was being simplified as it would now take the place of the Newsletter in terms of providing information to the public such as a calendar of upcoming events.
Coun. Garruzzo gave the annual police report and cited 219 adult arrests that included 63 DWI, 3 Burglary, 23 Drug, and 12 Assault arrests. In addition there were 30 Juvenile Arrests that included 2 Assaults, 2 DWI, 5 Drug, 3 Burglary, 17 Under aged Possession of Alcohol and 1 Terroristic Threat. There were also 13 incidents of domestic violence. In 2008 a total of 3,819 summonses had been issued.
Page 10
Coun. Shaak was recognized and he advised the public that the Route #35 Bridge project was nearing completion and should be done prior to Memorial Day Weekend.

Neither Coun. Gorham or Visceglia had reports and the Chair opened the meeting to the public.

Frank Hartman, 611 Oceanview Road, stated that he had been a resident for fifteen years. During that time period he had been late with a water bill and had paid the penalty and interest. However, he had a concern that some violations, such as noise and ignoring the timeframe established for the placement of leaves and brush curbside, appeared to have no penalty, a fact he had confirmed in a discussion with the Code Enforcement Officer who had knew of only two violation notices for such offenses. Mr. Hartman urged a more uniform enforcement policy. Council agreed to review the issue.

William Brannick, 805 Schoolhouse Road, cited a recent Coast Star article on the proposed expansion of the First Aid Building and the fact that Borough was contributing $125,000 toward the project; he asked how public money could be expended on a privately owned building?

Attorney Montenegro advised that it depended on the relationship. If there was a public purpose for the building then a lease or lease purchase agreement could be executed to permit the action.

Mr. Brannick added that, in the article, both Mayor Nicol and Coun. Garruzzo endorsed the project. Was the Borough going to make that investment? The reply was affirmative.

Mr. Brannick then raised the issue of the $311,376.00 dollars the First Aid Squad had received from the sale of a portion of their property to Greenwood Cemetery. Mr. Brannick noted that the Council had withheld funds from the prior Library Association when they had a reserve. Would Council now withhold funding for the Squad? Mayor Nicol said that "he didn’t think so".

Jack Baatz, 1105 Aileen Road, cited the issue of the lack of an emergency generator at the First Aid Building during the recent School Election. Mr. Baatz advised that when he and his wife were involved with the squad funds had been set aside for the purchase of a generator. Coun. Shaak, however, had used the money to purchase an ambulance that Mr. Baatz did not believe was needed. Mayor Nicol thanked him for his comment.

Gail Harrell, 602 Morgan Parkway, noted that the First Aid Building was being upgraded to serve as an Emergency Shelter. Among the new items were bathrooms. Given the current state of the Elementary School Bathrooms, would it not make more sense to give the funds to the school and use that building as a shelter in the event of an emergency?

Mayor Nicol offered that the Board of Education and the Parents might have a concern Page 11 12th January 2009

utilizing the School, in particular because part of the scheduled improvements included a decontamination center in the event of a chemical attack.

Frank Hartman, 611 Oceanview Road, stated his belief that the $125,000 should be used to help Brielle Taxpayers in this harsh economic climate.

There being no further comments the meeting was adjourned at 8:01 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Shaak.

Approved: January 26th, 2008
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Thomas F. Nolan Municipal Clerk

 

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