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A Community by the River

Borough of Brielle, NJ


December 28, 2009

January 08 2010

December 28, 2009

PAGE 122

MINUTES DECEMBER 28th, 2009 START: 7:32 P.M.

PRESENT: COUNCIL-PRESIDENT GARRUZZO, GORHAM, SCOTT & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: MAYOR NICOL, COUN. NOLAN & SHAAK.

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, but noted that there would be a need for an Executive Session re: Tax Appeals.

There being no further comments the work session was adjourned at 7:31 p.m. on a motion by Coun. Scott, seconded by Coun. Gorham.

PAGE 123

MINUTES DECEMBER 28th, 2009 START: 7:32 P.M.

PRESENT: COUNCIL-PRESIDENT GARRUZZO, GORHAM, SCOTT & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: MAYOR NICOL, COUN. NOLAN & SHAAK.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the December 14th, 2009 Meeting were approved on a motion by Coun. Visceglia seconded by Coun. Gorham; all aye; no nays. Passed.

Coun. Scott, seconded by Coun. Gorham introduced Resolution 09-118 for passage of the Consent Agenda.

Resolution:
A. To authorize the Mayor & Clerk to execute a contract with PBA Local #50.
B. (see insertion).
C. To authorize the Mayor & Clerk to execute 2010 Employment Agreements.
D. To cancel un-expended appropriation balances to surplus.
E. To cancel certain unexpended Capital Improvement Bond Balances
F. (see insertion).
G. To renew the Trailer Park License for Brielle Court Plaza, 715 Union Avenue, Brielle, for calendar 2010.
H. To renew the Trailer Park License for Roar Management Inc., 709 Union Avenue, Brielle, for calendar 2010.
I. (see insertion).

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

Coun. Visceglia, seconded by Coun. Garruzzo, introduced Resolution 09-119 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 28th, 2009, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Scott & Visceglia; all aye. No nays. Passed,

Council-President Garruzzo then called for committee reports and recognized Coun. Scott who praised the Department of Public Works for their adapt handling of the recent snow emergency, but she reminded the public of the importance of keeping all vehicles off the street during a snow event. Cars parked in the roadway inhibit plowing and in one case prevented a street from being plowed.

Page 124
Coun. Scott then referred back to her "Show & Tell" event of December 14th when she informed the public of the changes to the recycling ordinance. Coun. Scott that recycling bins for the collection of mixed paper would be distributed during the first week of January along with a double-sided flyer outlining the new procedures. Residents were asked to hold their recyclable holiday wrap until collection day and she added that the trash collectors were prohibited from collecting any recyclable materials.
In closing, Coun. Scott added that, while a portion of the cost of the new recycling bins would be off-set by the annual Tonnage Grant that the Borough received from the State Based on the overall amount of material recycled, sponsors had come forward to assist in the effort and Coun. Scott thanked Birdsall Engineering, the Brielle Chamber of Commerce, Borough Attorney Montenegro, the Brielle Sports Club, Union Landing & Simko’s Bar & Grill for their support.
Since no other member of Council had a report, the Chair opened the meeting to the public and recognized Doug Emich, 515 Magnolia Avenue, who cited his on-going problem with a neighbor's sump pump that ran non-stop and was creating a nuisance.
The Administrator advised that the Borough Engineer was going to visit the site as soon as he returned from vacation to ascertain if any remedial steps good be taken. Attorney Montenegro added that, if the problem was deemed to be a nuisance then Mr. Emich could seek a private remedy and/or the Borough could pursue a similar course of action.
There being no further public comments, Coun. Gorham, seconded by Coun. Visceglia, introduced Resolution 09-120.

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 Brielle 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 December 28th, 2009, 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: "Tax Appeals".

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.

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

Page 125

The Executive Session began at 7:45 p.m. and ended at 8:08 p.m... The session was adjourned on a motion by Coun. Scott, seconded by Coun. Gorham.

Coun. Scott, seconded by Coun. Gorham, introduced Resolution 09-121 to authorize the Borough Attorney to seek to resolve pending tax appeals based on the parameters established during the executive session discussion. Vote: Coun. Garruzzo, Gorham, Scott, & Visceglia; all aye. No nays. Passed.

The meeting was adjourned at 8:10 p.m. on a motion by Coun. Gorham, seconded by Coun. Scott.

Approved: January 11th, 2010. ________________________
Thomas F. Nolan Municipal Clerk

RESOLUTION NO: 09-118-B
DATE: DECEMBER 28th, 2009


BOROUGH OF BRIELLE RESOLUTION

WHEREAS, THE GOVERNING BODY OF THE BOROUGH OF BRIELLE HAS INTRODUCED AND ADOPTED A SALARY ORDINANCE NO. 99 WHICH ESTABLISHED SALARY RANGES FOR ALL OFFICERS AND EMPLOYEES OF THE BOROUGH OF BRIELLE, TO BE EFFECTIVE JANUARY 1st, 2010, AND

WHEREAS, THE SALARY ORDINANCE ESTABLISHED A RANGE FOR EMPLOYEE SALARIES AND LOCAL FISCAL AFFAIRS LAW REQUIRES THAT THE ACTUAL BASE SALARY TO BE PAID TO EACH INDIVIDUAL EMPLOYEE MUST BE APPROVED BY THE GOVERNING BODY.

NOW THEREFORE BE IT RESOLVED, THAT THE FOLLOWING SALARIES SHALL CONSTITUTE THE BASE SALARIES FOR THE FOLLOWING EMLOYEES (EXCLUSIVE OF POLICE WHO RECEIVE ADDITIONAL RENUMERATION AS PER CONTRACT BASED ON TERM OF SERVICE "LONGEVITY".


CHIEF OF POLICE
LIEUTENANT
SERGEANT
PATROLMAN FIRST CLASS
PATROLMAN SECOND CLASS
PATROLMAN THIRD CLASS
PATROLMAN FOURTH CLASS
PATROLMAN FIFTH CLASS
PATROLMAN SIXTH CLASS
PATROLMAN SEVENTH CLASS
PATROLMAN EIGHTH CLASS
PATROLMAN PROBATIONARY
DETECTIVE
POLICE RECORDS CLERK
CRIME PREVENTION OFFICER
POLICE MATRON
BOROUGH ADMINISTRATOR
BOROUGH CLERK
CHIEF FINANCE OFFICER
TAX COLLECTOR
ASSESSOR OF TAXES
CLERK FINANCIAL SERVICES
WATER SEWER COLLECTOR


150,835.00
113,565.00
106,913.00
99,609.00
95,000.00
85,000.00
75,000.00
65,000.00
55,000.00
50,000.00
45,000.00
35,000.00
600.00
24.50 Per Hr.($30,576.00)
500.00
10.50-14.00 Per Hr.
47,600.00
75,000.00
25,000.00
74,450.00
24,450.00
28,065.00
44,488.00

WATER UTILITY
SUPERINTENDENT WATER
UTILITY
SUPERINTENDENT PUBLIC WORKS
ASSISTANT SUPERINTENDENT
PUBLIC WORKS
RECYCLING COORDINATOR
ASSISTANT RECYCLING
COORDINATOR
SAFETY COORDINATOR
ASSISTANT SAFETY COORDINATOR
WORKING FOREMAN
PLANNING BOARD SECRETARY
PLANNING BOARD RECORDING SEC.

MAYOR
COUNCILMEMBER

MUNICIPAL JUDGE
FIRE PROTECTION OFFICER
ZONING OFFICER
MERCANTILE OFFICER
CODE ENFORCEMENT OFFICER
SPECIAL DEPUTY ELECTIONS CLERK
SENIOR PAYROLL SPECIALISTS/CLERK
FINANCIAL SERVICES


*PAID BY VOUCHER AS A PROFESSIONAL SERVICE
11,003.00

109,244.00
1,000.00

69,358.00
2,000.00

1,000.00
4,000.00
1,500.00
500.00
5,000.00
5,000.00

5,000.00
2,500.00

33,000.00
8,200.00
20,000.00*
3,995.00
9,077.00
2,000.00



09-118-G DECEMBER 28TH, 2009

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,AD OPTED PRIOR TO JANUARY 31ST OF THE FISCAL YEAR, MAKE APPROPRIATIONS FOR
THE PERIOD BETWEEN THE BEGINNING OF THE FISCAL YEAR AND THE ADOPTION OF THE BUDGET, AND

WHEREAS, THE DATE OF THIS RESOLUTION IS PRIOR TO THE FIRST THIRTY-ONE DAYS OF JANUARY, 2010, AND

WHEREAS, ONE QUARTER (25%) OF THE TOTAL APPROPRIATIONS MADE IN THE 2009 MUNICIPAL BUDGET, EXCLUDING APPROPRIATIONS MADE FOR INTEREST AND DEBT REDEMPTION CHARGES & CAPITAL IMPROVEMENT FUND IN SAID BUDGET IS THE SUM OF $2,189,243.24.

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 $2,188,290.00 BE MADE AND A CERTIFIED COPY OF THIS RESOLUTION BE TRANSMITTED TO THE CHIEF FINANCE OFFICER FOR HER RECORDS.
APPROPRIATIONS AMOUNTGENERAL GOVERNMENT $ 52,000.00
ADMINISTRATIVE & EXECUTIVESALARIES & WAGES 20-120-1
OTHER EXPENSES 20-120-2 11,500.00
EMERGENCY MANAGEMENTOTHER EXPENSE 25-252-2 750.00
ASSESSMENT OF TAXESSALARIES & WAGES 20-150-1 8,000.00
OTHER EXPENSES 20-150-2 2,500.00
COLLECTION OF TAXESSALARIES & WAGES 20-145-1 20,235.00
OTHER EXPENSES 20-145-2 3,000.00
LEGAL SERVICES 20-155-2 35,000.00
BOROUGH HISTORIAN 150.00




MUNICHPAL COURTSALARIES & WAGES 43-490-1 12,000.00
MUNICIPAL PROSECUTOR 25-275-2 6,000.00
ENGINEERING SERVICES 20-165-2 20,000.00
BUILDINGS & GROUNDSOTHER EXPENSES 26-310-2 25,000.00
PLANNING BOARDSALARIES & WAGES 21-180-1 2,500.00
OTHER EXPENSES 21-180-2 5,000.00
FINANCIAL SERVICES 20-130-2 10,000.00
SHADE TREE COMMISSIONOTHER EXPENSES 26-313-2 4, 500.00
ENVIRONMENTAL COMMISSIONOTHER EXPENSES 21-186-2 1,000.00
MERCANTILE INSPECTIONSALARIES & WAGES 22-200-1 1,000.00
OTHER EXPENSES 22-200-2 150.00
INSURANCEOTHER INSURANCE PREMIUMS 23-210-2 74,500.00
WORKMANS COMPENSATION 54,255.00
GROUP INSURANCE 23-220-2 137,500.00
PUBLIC SAFETY 9,000.00
FIRE COMPANYOTHER EXPENSES 25-255-2
FIRE OFFICIAL S/W 2,050.00
FIRST AID ORGANIZATION 25-260-2
OTHER EXPENSES 7,500.00
POLICESALARIES & WAGES 25-240-1 445,000.00
OTHER EXPENSES 25-240-2 40,000.00
VECHICLE PURCHASEILEASE 25-240-2 25,000.00
SICK TIME PURCHASE OPTION 30-415-2 10,000.00
CODE ENFORCEMENT OFFICERSALARIES & WAGES 25-195-1 2,500.00
OTHER EXPENSES ` 25-195-2 450.00




STREETS & ROADSSALARIES & WAGES 26-290-1 110,000.00
OTHER EXPENSES 26-290-2 25,000.00
STREET LIGHTINGVEHICLE MAINTENANCE (SEE UTILITIES)26-315-2 12,500.00

SANITATION
GARBAGE & TRASH REMOVALCONTRACTUAL 32-465-2 60,000.00
OTHER TRASH EXPENSES 26-305-2 75,000.00
(INCLUDES RECYCLING OTHER)
HEALTH & WELFARE
BOARD OF HEALTHSALARIES & WAGES 27-330-1 900.00OTHER EXPENSES 27-330-2 100.00
HEALTH SERVICES CONTRACTUAL 27-330-2BOARD OF RECREATION COMMISSIONERS 16,000.00
SALARIES & WAGES 27-345-1 8,750.00
OTHER EXPENSES 27-345-2 8,000.00
MUNICIPAL LAND USE 21-180-2 6,500.00
AID TO LIBRARY 29-390-2 25,000.00
ZONING OFFICER 22-187-1
SALARIES & WAGES 22-187-2 4,000.00
DOG REGULATION CONTRACTUAL 27-340-2 2,500.00
CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENT FUND 44-901-2 35,000.00*75,000.00
STATUTORY EXPENDITURES
CONTRIBUTION TO SOCIAL SECURITY 36-472
DEBT SERVICERECYCLING PROGRAM
RECYCLINGSALARIES & WAGES 32-465-1 38,500.00
UTILITIES 31-432-2 78,000.00




APPROPRIATIONS
WATER UTILITY EXPENSES.
OPERATING EXPENSESSALARIES & WAGES 55-501-1 100,000.00
OTHER EXPENSES 55-502 -2 40,000.00
N.J.S.W.S.A. 55-503-2 45,500.00
SMRSA 55-504 -2 98,000.00
SMRSA INFLITRATION/INFLOW REMEDIATION 4,500.00
SOUTH EST MONMOTH M.U.A. 55-505 169,000.00
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 $2,145,790.00
LESS EXCEPTIONS 35,000.00

TOTAL $2,110,790.00 INTER-LOCAL AGREEMENTS

DISPATCH SERVICES 42-250-2 $ 20,000.00
MANASQUAN MUNICIPAL COURT INTER LOCAL $ 32,500.00
CONSTRUCTION CODE SERVICES $ 25,000.00
TOTAL $2, 188,290.00

OCEAN
FIRST
BANK
RESOLUTION

Municipality of BOROUGH OF BRIELLE
County of MONMOUTH
State of New Jersey

WHEREAS, the Municipality of BOROUGH OF BRIELLE has determined at a legal meeting of the governing body of the Municipality, to designate OceanFirst Bank as an approved depository for the Municipality's funds for the performance of banking transactions;

NOW THERFORE, BE IT RESOLVED, by the governing body of the Municipality, as follows:

1. OPENING THE ACCOUNT: That an account or accounts be opened (or continued and maintained) with OceanFirst Bank, titled:
Borough of Brielle UNEMPLOYMENT TRUST
under the Taxpayer Identification Number (TIN) 21-6000383 and there may be deposited to its
credit in one or more accounts with the Bank any monies, checks and other instruments which may come into possession of this Municipality. It is agreed that said account or accounts shall be subject to the Bank's rules and regulations as may be in effect from time to time. Any other property may be deposited with the Bank for safekeeping, custody or other purposes. Items for deposit, collection or discount may be endorsed by any person authorized to sign checks, or the endorsement thereof may be made in writing or by a facsimile signature stamp without designation of the person so endorsing.

2. AUTHORIZED SIGNERS: Any (specify number) 1 (ONE) of the following Council/ Committee Members, officers, employees or agents (use titles, not names):
MAYOR, ADMINISTRATOR-TOWNSHIP CLERK, PAYROLL CLERK
of this Municipality is/are authorized, on behalf of this
Municipality and in its name, (a) to sign checks, savings withdrawals, drafts, notes, wire transfer requests, acceptances and other instruments and orders for the payment of money or for the withdrawal or delivery of funds or other property at any time held by the Bank and to receive any thereof, and to issue instructions for the conduct of any account of this Municipality with the Bank; (b) to accept drafts, checks, any other instruments or orders, including any payable to the Bank, and to waive demand, protest, and notice of protest or dishonor of any instrument made, drawn, or endorsed by this Municipality; and (c) to endorse, negotiate, and receive, or authorize the payment of or the proceeds of any negotiable or other instruments or orders for the payment of money payable to or belonging to this Municipality; and (d) to open and have access to a safe deposit box or boxes subject to the terms and conditions specified in the applicable lease.

3. TERMS AND CONDITIONS:
A. The Bank may honor all such checks and other instruments for the payment or delivery of money or property when signed as authorized above, regardless of whether such action would create or increase an overdraft and regardless of amount, including any payable to the Bank or to any signer or other officer or employee of the Municipality or to cash or bearer, and may receive the same in payment of or as security for the personal indebtedness of any signer or other officer or employee or other person to the Bank or in any transaction whether or not known to be for the personal benefit of any such person, without inquiry as to the circumstances of their issue or the disposition of their proceeds, and without liability to the Bank, and without any obligation upon the Bank to inquire whether the same be drawn or required for the Municipality's business or benefit.

B. The Bank shall be entitled to honor and charge the Municipality for all such checks, drafts or other orders regardless of by whom or by what means the facsimile signature or signature on the checks, drafts or other orders may have been affixed, if such facsimile signature or signatures resemble the facsimile specimen duly filed with the Bank by any of the named Council/Committee Members, officers, employees or agents.
4. INSTRUCTIONS TO THE BANK: Those persons authorized by the preceding resolution are also authorized on behalf of this Municipality to give instructions to the Bank as to the account(s) or other dealings between this Municipality and the Bank by any means including (but not limited to) telephone, telegraph, telex, audio response, fax transmission, computer or data link, electronically, orally or in writing and the Bank shall be entitled to follow such instructions without inquiry or confirmation as long as the Bank honestly believes at the time of receipt that such instructions were given by a person authorized by the preceding resolution.
5. WIRE INSTRUCTIONS: All wire transfer instructions must be presented in writing to the Bank by those persons authorized by this resolution. These instructions must be signed by an authorized representative(s) and specify the amount, receiving institution's name, address, ABA number and account name and number where the funds are to be deposited and any other additional information that may be necessary. The Municipality is also asked to comply with the Bank's security procedures which include (but are not limited to) a call-back procedure. Upon receipt of the signed wire instructions, a call-back at the telephone number on the Bank's records will be performed to verify the accuracy of the wire instructions. OceanFirst reserves the right to refuse a wire transaction if the above requirements are not met. The Municipality further acknowledges and agrees that the above security procedures are a commercially reasonable method for providing security against unauthorized payment orders.
6. ADDITIONAL AGREEMENTS: Those persons authorized by the foregoing are also authorized on behalf of this Municipality to enter into and execute all agreements and other documents requested by the Bank in connection with any dealings including (a) agreements for cash management services; (b) funds transfer agreements, including but not limited to wire transfers, which may incorporate the selection of security procedures and the delegation of authority to other individuals who may then initiate and/or confirm funds transfers; (c) agreements of indemnity in favor of the Bank; and (d) Night Depository Agreement(s).
7. LIABILITY: The Municipal Clerk or other Municipal Officer is authorized to certify to the Bank the persons now holding these offices and any changes hereafter in the persons holding these offices together with specimens of the signatures of such present and future officers, and this Municipality shall fully protect, defend, indemnify, and hold the Bank harmless from any claim, loss, cost, damage, or expense arising out of its acting on such certification.

8. CHANGES TO RESOLUTION: The Municipal Clerk is authorized, if the Bank shall so request, to furnish a certified copy of these resolutions to the Bank, which shall be entitled to assume conclusively that the foregoing resolutions remain in full force and effect until the Bank has received express written notice of their rescission or modification, accompanied by a copy of the resolution effecting such rescission or modification duly certified by the Municipal Clerk of this Municipality.
9. AUTHORIZED SIGNORS: I FURTHER CERTIFY that the names of the persons who respectively hold the offices or positions mentioned in the foregoing resolutions and their actual signatures are as follows:


Thomas Nicol MAYOR
Karen S Brisben PAYROLL CLERK



10. TAXPAYER IDENTIFICATION NUMBER (TIN) CERTIFICATION: Under penalties of perjury, I certify that:

I. The number shown on this form is the Municipality's correct taxpayer identification number and

2. The Municipality is not subject to backup withholding because: (A) it is exempt from backup withholding, or (B) it has not been notified by the Internal Revenue service that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (C) the IRS has notified the Municipality that it is no longer subject to backup withholding.

You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return.

I hereby certify the foregoing to be a true copy of a Resolution adopted by the Municipality of BOROUGH OF BRIELLE at a meeting held on
, Municipal Clerk (Seal)

 

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