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A Community by the River

Borough of Brielle, NJ


January 9, 2012

March 08 2012

January 9, 2012


PAGE 6

MINUTES JANUARY 9th, 2012 WORK SESSION START: 7:33 PM

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 no formal report, but he advised that he had thought that Judge Capotorto's term expired 12/31/12, but he actually expired on 12/31/11; he asked permission to add a resolution to rectify his error as court would convene on January 10th. Council agreed.

There being no comments the work session was adjourned at 7:36 p.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.

MINUTES JANUARY 9TH, 2012 START: 7:33P.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 27th meeting, 2011 Executive Session Minutes & January 3rd, 2012 Organization Meeting Minutes were approved on a motion by Coun. Shaak seconded by Coun Visceglia; all aye; no nays. Passed.

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 12-13 for passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
E. (see insertion).
F. (see insertion).
G. To appoint Stephen Mayer as Chief Municipal Finance Officer.
H. (see insertion).
I. To authorize the redemption of a Tax Lien, in the amount of $4,813.00 re: Block 64.03, Lot 13.
J. To memorialize the appointment of Robert McArthur as Superintendent of Public Works and the Water Utility.
K. To renew the current agreement with the Brielle Library Association.
L. To renew the "Special License" for Brielle Court Plaza, pending the resolution of all outstanding violations.
M. (see insertion).

Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: Coun. Nolan abstained on Resolution "B".)

Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 12-14 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 9th, 2012, 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.

Coun. Scott praised Borough Historian John Belding for his 2011 Report. The Councilwoman cited Mr. Belding's commitment to keeping the local history of Brielle alive through his work with the public, the Historical Society and students. She remained amazed at his ability to uncover Brielle artifacts and she advised the public that DPW would be working with Mr. Belding to mount additional "historic palaces" signage.

Coun. Scott also thanked the Coast star for their excellent article on the "Eco-Moms" and the work they were doing on behalf of the environment.
In closing, Coun. Scott informed the public that a new water utility vehicle had been obtained via a lease purchase agreement and it would arrive soon. The vehicle replaced the square box vehicle that had died in service and was modeled more along the lines of a pick-up. This afforded easier access to tools and equipment and would enable the truck to be employed for a variety of tasks.

Coun. Nolan informed the assembly that the Recreation Commission anticipated a "big" year with the new park improvements and the anticipated removal of the protective fencing by March. The second annual North/South Competition was in the planning stage and programs such as biddy soccer were being scheduled.

Regarding the Library, he noted that downloads of books were now available for i-pods and kindles and could be accessed through the Library or County web sites.

Coun. Garruzzo informed the public that an arrest had been made on January 5th as the result of a resident observing Alexander S. Roche of Brick attempting to break into a motor vehicle on Valley Road. In light of numerous footprints in the snow, it was clear that Mr. Roche had attempted, and in some cases succeeded, in entering other vehicles in the area. Mr. Roche was arrested on Old Bridge Road and is currently being held at the County Jail on $25,000 bail.

Coun. Garruzzo cited Sergeant Thomas McWilliams, Patrolman Kevin Williams and Officer Brian Dreher for making the arrest, assisted by Patrolman Norcia & Stopera of the Manasquan Police Department and Monmouth County Sheriff's Officer Aretino and the K-9 Unit.

Coun. Shaak advised that the First Aid Squad had responded to 479 calls in 2011 both in Brielle and through mutual aid. Two members had responded to 201 calls, one to 294 calls and 5 had a 100+ response performance. This was indicative of their active commitment to providing service. Furthermore, four members were CPR Instructors and one was certified in cardiac response and training.

Coun. Shaak also referred to a recent series of letters and an article in the local press relative to new legislation that redesigned EMS Units. While the Councilman took no umbrage with background checks and standardized vehicle inspections; he felt that EMS personnel were losing their voice in Trenton due to limitations on who would have direct input to legislators.

He was also concerned over the required mandatory training hours, from 120 to 185, over a period of 5 months, 3 times a week, with 100% attendance being mandated. He feared that this could be a disincentive to future members.

Coun. Gorham & Visceglia having no reports, the Chair opened the meeting to the public, but there were no comments. The meeting was adjourned at 7:50 pm on a motion by Coun. Garruzzo, seconded by Coun. Visceglia.
Approved: January 23rd, 2012.

Resolution No: 12-13-A Date: January 9th, 2012
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 Bridle; 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 9th day of January 2012, 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 2012 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 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 2012 Temporary Budget and shall be included in the 2012 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 9a', 2012.
Witness my hand and seal of the Borough of Brielle this 10th day of January, 2012.

Thomas F. Nolan Municipal Clerk

Resolution No: 12-13-B Date: 9th January 2012

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 9a' day of January 2012, that;
1. Alan P. Hilla, Jr., is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2012 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(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 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 with the Borough of Brielle.

6. Funds for the payment of this contract have been provided for in the 2012 Temporary Budget and shall be included in the 2012 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:1 1-5(1)(a) and N.J.S.A.19:44-20.5. CERTIFICATION
T
he foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 10t'', 2011.
Witness my hand and seal of the Borough of Brielle this 10th day of January 2012.

Thomas F. Nolan Municipal Clerk

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

WHHEREAS, 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 10th day of January 2011, that;
1. Robert a. Hulsart, is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2012 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 2012 Temporary Budget and shall be included in the 2012 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(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 9th 2012.

Witness my hand and seal of the Borough of Brielle this loth day of January 2012.

Thomas F. Nolan Municipal Clerk

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 Dilworth Paxson, LLP, Neptune, 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:115(l)(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 COUNSEL OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY AS FOLLOWS:
1. That the Borough Counsel hereby appoints the firm of Dilworth Paxson, LLP, Attorneys at Law, Neptune, 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 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.
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 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 Counsel of the Borough of BRIELLE at a duly convened meeting held on the 9th of January 2012. Said resolution has not been amended or repealed and remains in fall 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 loth day of January 2012.
BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY
SEAL THOMAS F. NOLAN MUNICIPAL CLERK

Resolution No: 12-13-E Date: January 9th, 2012

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, 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 9th day of January 2012, that;

1. James W. Holzapfel and the firm of Citta, Holzapfel & Zabarsky, is hereby retained by the Borough of Brielle as its Labor Attorney for calendar year 2012 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.l 9:44A-20.5.

5. Funds for payment of this contract have been provided for in the 2012 Temporary Budget and shall be included in the 2012 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 No: 12-13-F Date: January 9th, 2012

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 Sean T. Kean & Campell Foley 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 10th clay of January 2011, that;
Colleen Dolcy & the firm of Citta, Hozapfel & Zarbarsky are hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2012 to perform to the terms of the Agreement between the Municipal Prosecutor and the Borough of Brielle.
1. This Contract is awarded without competitive bidding as a "Professional
Service" in accordance with N.J.S.A. 40A:I1-5(I)(a) of the Local Public
Contracts Law because same involves the retaining of professional
services.
2. 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.
3. This contract is not subject to the provisions of N.J.S.A. 19:44A-20.5
4. Funds for payment of this contract have been provided for in the 2012 Temporary Budget and shall be included in the 2012 Municipal Budget.
5. 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 9"', 2011.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2012.
Thomas F. Nolan, RMC

Resolution No: 12-13-H Date: January 19th, 2012

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 9th day of January 2012, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2012 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: 11-5(1)(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. Funds for payment of this contract have been provided for in the 2012 Temporary Budget and shall be included in the 2012 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(I)(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 9th, 2012.
Witness my hand and seal of the Borough of Brielle this loth day of January, 2012.

Thomas F. Nolan Municipal Clerk

RESOLUTION OF THE BOROUGH OF BRIELLE

Whereas, the Borough of Brielle has been formed in accordance with the applicable State Statutes, and

Whereas, the Governing Body has an obligation to provide for municipal court services, and such services require the appointment of a Municipal Court Judge, and

Whereas, Paul J. Capotorto is eminently qualified to serve as Municipal Court Judge for the Borough of Brielle.

Now Therefore Be It Resolved, that Paul J. Capotorto is hereby appointed to serve Brielle as Municipal Court Judge for a three year term to commence on January 1St, 2012 and to end on December 31st, 2014.

Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. None absent. None abstained.

Certification

I, Thomas F. Nolan, Clerk of the Borough of Brielle do hereby certify that the foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2009.

Witness my hand and seal of the Borough of Brielle this 9th day of January, 2012.
Thomas F. Nolan Municipal Clerk

 

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