Borough of Brielle, NJ
| December 12, 2011
December 12, 2011
MINUTES DECEMBER 12th, 2011 WORK SESSION START: 7:30 PM
PRESENT: MAYOR NICOL, COUN. GORHAM, NOLAN SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. GARRUZZO.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that he had no formal report, but the need had arisen for an Executive Session re: Pending Litigation. He also noted that consent agenda "D" would not be required and he reminded the Governing Body that the December 27th, 2011 meeting would start at 5:30 PM.
At this juncture Mayor Nicol read the annual Christmas Resolutions:
WHEREAS, The Borough of Brielle has been formed in accordance with applicable statutes, and
WHEREAS, Chapter VII of the code of the Borough of Brielle entitled “traffic” is silent on the subject of sleighs and Reindeer, and
WHEREAS, The necessities of the Holiday season demand clarification of this deficiency.
NOW THEREFORE BE IT RESOLVED, That sleighs and Reindeer shall be permitted to land on rooftops in the borough of Brielle during the period December 24th through December 25th (inclusive), and
BE IT FURTHER RESOLVED, that no parking citations shall be issued to operators of the aforementioned vehicles provided that they fit the following description: “Little”, “Old”’ “Lively” & “Quick” & can produce valid identification that their name is “Saint Nick”.
WHEREAS, THE BOROUGH OF BRIELLE HAS BEEN FORMED IN ACCORDANCE WITH APPLICABLE STATUTES, AND
WHEREAS, THE GOVERNING BODY OF THE BOROUGH OF BRIELLE SEEKS TO ENSURE THE WELL-BEING OF ALL ITS RESIDENTS, AND
WHEREAS, IT IS IN THE BEST INTERESTS OF THE AFORESAID BRIELLE RESIDENTS THAT THERE BE A WHITE CHRISTMAS.
NOW THEREFORE BE IT RESOLVED, THAT THERE SHALL BE SNOW IN THE BOROUGH OF BRIELLE DURING THE PERIOD DECEMBER 24th THROUGH DECEMBER 25th, 2011, AND
BE IT FURTHER RESOLVED, THAT THE BOROUGH CLERK SHALL FORWARD A COPY OF THIS RESOLUTION TO THE APPROPRIATE "IMPLEMENTING" AGENCIES.
Mayor Nicol then read the following Proclamation. Copies were then distributed to the honorees.
Whereas, the Borough of Brielle has been formed in compliance with the applicable statutes, and
Whereas, it is fitting and proper for a municipal corporation to recognize the achievements of its residents, and
Whereas, the Squan Riptide is a member of the United States Amateur Baseball League, and
Whereas, this year coaches Tim McEneny & Art Foreman of Brielle, along with Robert O'Keefe of Manasquan led the team to play at the highest level 9U Group, and
Whereas, the players on that team were Timothy McEneny, Connor Ward, Stephen Speicher, John Forman, Owen Butz, Sean Dugan and Alex Galvan of Brielle and Ryan O'Keefe, Michael McGuire, Matthew Liggett and Jack Collins of Manasquan, and
Whereas, such an achievement is indeed worthy of commemoration
Now Therefore Be It Proclaimed, that December 12th, 2011 be designated as Squan Riptide Day in the Borough of Brielle.
There being no comments the work session was adjourned at 7:42 p.m. on a motion by Coun. Nolan, seconded by Coun. Visceglia.
MINUTES DECEMBER 12th, 2011 START: 7:33P.M.
PRESENT: MAYOR NICOL, COUN. GORHAM, NOLAN, SCOTT SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
ABSENT: COUN. GARRUZZO.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the November 14th meeting were approved on a motion by Coun. Shaak seconded by Coun Visceglia; all aye; no nays. Passed.
Coun. Nolan, seconded by Coun. Gorham, introduced Resolution 11-101 for passage of the Consent Agenda.
A. To authorize amendments to the deferred compensation plan with Valic to ensure
Compliance with IRS Section 415 regulations.
B. To renew the contract with United Cleaning Services for the provision of janitorial services at the Brielle Library & Curtis House for calendar 2012.
C. To authorize a reimbursement of $2,199.43 Re: Overpayment of taxes, Block 56,
Lot 1, 101 Lake Avenue.
D. To renew the contract with Horizon Dental for calendar 2012.
Vote: Coun. Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 11-102 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 12th, 2011, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: Coun. Shaak was appointed to the Finance Committee for purposes of this meeting.)
Coun. Scott who reminded the public that leaf season would end on December 15th. Leaves should no longer be left at the curb for collection. Brush collection would resume on December 16th. The Councilwoman was also please to announce that an agreement had been reached with Sea Girt to utilize their street sweeper on a per diem basis.
Coun. Scott cited her attendance at the South Monmouth Community Alliance meeting and she advised the public that some four hundred Manasquan High School students were schedule for drug and alcoholic testing in this academic year. Approximately one hundred and fifty had been tested to date.
On December 16th, the Alliance would hold his "Pac-Man Holiday Party" at the Sea Girt Elementary School.
Turning to Recycling, Coun. Scott informed the public that Brielle was rated excellent. However, there was always room for improvement and Coun. Scott added that the review was based on 2007-2009 data. She anticipated improvement due to the activity of the Brielle Elementary School's "Eco-Moms" and the fact the former DPW Superintendent Burkhardt in his capacity as Recycling Coordinator would be better positioned to press the enforcement aspects of the program.
Coun. Nolan noted that two new members had joined the Library Board of Trustees and the Library would be closed for the holidays on December 26th and January 1st. Coun. Nolan also cited the annual fund drive and added that, for the first time, donations could be made on-line. Turning to Recreation he cited three hundred and twenty-five participants in the Biddy Basketball program.
Coun. Shaak, Coun. Gorham & Visceglia having no reports, the meeting was open to the public and Edward Burke, 409 Union Lane, was recognized. Mr. Burke cited his dissatisfaction with the use of the "claw" to pick-up leaves on his block as it scarred the roadway; he also noted that the workers had no brooms and left debris behind after the leaves were removed. As a property owner who paid taxes on three properties in the Borough he felt he was entitled to better service.
Both Mayor Nicol and Coun. Scott promised to discuss the matter with Superintendent McArthur.
Coun. Gorham, seconded by Coun. Scott then introduced Resolution 11-103 to enable an Executive Session.
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 12th, 2011, 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: 'Pending Litigation".
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. Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Page 114 12th December 2011
The Executive Session began at 7:50 p.m. and ended at 8:15p.m. The session was adjourned on a motion by Coun. Nolan, seconded by Coun. Visceglia.
The Administrator noted that, while these issues were discussed, none of the items were actionable at this time. Attorney Montenegro added that the matters would be made public when the need for confidentiality no longer existed.
The meeting was adjourned at 8:16 p.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.
Approved: December 27th, 2011.
Thomas F. Nolan
RESOLUTION NO: 11-101-A
DATE: DEC. 12TH, 2011
BOROUGH OF BRIELLE RESOLUTION FOR ADOPTING CHANGES TO AN
EXISTING DEFERRED COMPENSATION PLAN PURSUANT
TO THE FINAL INTERNAL REVENUE CODE SECTION 415 REGULATIONS,
PENSION PROTECTION' ACT OF 2006, THE HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2008 AND THE WORKER, RETIREE AND
EMPLOYER RECOVERY ACT OF 2008
WHEREAS, the Borough of Brielle (hereinafter referred to as the "Employer") by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the "Plan") effective the 31st of December 2011, for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and
WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company ("VALIC") as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and
WHEREAS, the final Internal Revenue Code ("Code") Section 415 regulations, Pension Protection Act of 2006 ("PPA"), the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act") and the Worker, Retiree and Employer Recovery Act of 2008 ("WRERA") amended Section 457 of the Code; and
WHEREAS, State and local governmental Section 457(b) plan sponsors must amend their plans to comply with the PPA legislative changes by the last day of the 2011 plan year;
WHEREAS, the Employer desires its Plan to conform with the changes in the Code; and
WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code; and
WHEREAS, such amended and restated Plan shall supersede the previously adopted Plan;
NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restated Plan prepared by VALIC and assigned Plan Document identifier 81-PD-VALIC-103111 by the Director of the Division of Local Governmental Services.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services.
I, Thomas F. Nolan of the Employer, in the County of Monmouth and the State of New Jersey, do hereby certify the foregoing to be a true and correct copy of a RESOLUTION adopted by the Employer on the 12th day of December 2011.
Witness my hand and seal of the Employer on the 13th day of December 2011.
SEAL Thomas F. Nolan