www.briellenj.com
A Community by the River

Borough of Brielle, NJ


January 14th, 2013

March 25 2013

January 14th, 2013

PAGE 6

MINUTES JANUARY 14th, 2013 WORK SESSION START: 7:30 PM

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

ABSENT: COUNCILMAN NOLAN & SHAAK

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who had nothing to report.

There being no comments the work session was adjourned at 7:32 p.m. on a motion by Councilman Garruzzo seconded by Councilman Visceglia.

PAGE 7

MINUTES JANUARY 14th, 2013 START: 7:33P.M.

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

ABSENT: COUNCILMAN NOLAN & SHAAK

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the December 26th, 2013 meeting & January 2nd, 2013 Organization Meeting were approved on a motion by Councilman Garruzzo seconded by Councilman Gorham; all aye; no nays. Passed.

Councilman Garruzzo, seconded by Councilman Visceglia introduced Resolution 13-13 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. (see insertion)
H. To authorize a professional service agreement with Stephen Mayer as C. M. F. O.
I. To renew the current agreement with the Brielle Library Association for the provision of Library Services.
J. To renew the 2013 Trailer Court License for Brielle Court Plaza.
K. To appoint Art Foreman, Tom McManus & Michael Milza to the board of Recreation Commissioners as associated members for 2013.
L. (see insertion)

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

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 13-14 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 14th, 2013, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Councilman Garruzzo, Gorham, Scott & Visceglia; all aye. No nays. Passed

Mayor Nicol then called for committee reports and recognized Councilwoman Scott who advised the public that the removal of storm debris had ended and leaf and recycling collection had resumed.
Page 8

The Councilwoman noted that the DPW was on schedule for meeting its post-Sandy timetable and compared their endeavors to "triage" the most serious cases were addressed first. The most urgent matter had been the removal of debris. Storm debris had been removed from the streets and a seemingly endless stream of trees and limbs were taken to Brielle Park where they were stored until reduced to manageable logs and mulch.

Councilwoman Scott was pleased to report that overtime had ended, although in the beginning crews were working extended hours and on weekends. The Borough had a thirty day window for reimbursement by FEMA and that ended on December 15th when the collection of storm related debris was halted and remaining debris became the responsibility of the home-owner. Residents had been notified of that fact via the outdoor sign, web-site and the local press. Councilwoman Scott cited the "In Your Town" articles that appeared daily in the Asbury Park Press as a valuable tool in the dissemination of information.

The DPW had already resumed the normal recycling schedule and lead collection would continue until January 31st; spring leaf collection resumes on April 15th. Normal brush collection would resume on February 1st. Councilwoman Scott advised the public that approximately 4,300 cubic yards of wood waste had been taken to Brielle Park and while much it, if not all of it was eligible for a 75% reimbursement from FEMA. Residents could receive a delivery of chips and/or mulch that could benefit them and the town by reducing the wood waste stream.
In closing, Councilwoman Scott reported that Christmas Trees were being taken to Bradley to be used in dune replenishment and she reminded the public that, in the event of snow, all vehicles had to be kept off the street to facilitate plowing.

Councilwoman Scott also reminded the public and in particular the twenty-one homeowners who had placed debris at their curbs, that the bulk of this material was from professional construction work and, even during clean-up week this kind of construction material did not qualify for municipal collection.

Councilman Garruzzo provided the 2013 Police Statistics, to wit:
2,530 Motor Vehicle Summonses issued
160 Adult Arrests
6 Juvenile Arrests
4,552 Investigations opened
24 Domestic Violence Incidents

Councilman Garruzzo also cited a recent meeting at the Brielle Fire House where he had learned that this holiday season Mr. & Mrs. Claus experienced great difficulty in delivering gifts due to the absence of proper house numbers.

Coun. Garruzzo cited the Borough Code and reminded the public that ordinance required that a house number be clearly visible from the street at all locations whether residential or commercial. This was a matter of public safety as it facilitated the response of the police, fire and first aid personnel during an emergency.


Page 9

In the absence of Councilman Shaak, Councilman Garruzzo advised the public that Suzanne DiGeronimo, a member of the Society of Military Engineers would host a forum at Borough Hall on Saturday, January 19th, from 10:00 am to Noon, to answer the public's questions on a variety of topics such as filling out FEMA & SBA Forms, obtaining permits for reconstruction, mold mediation etc.

Councilman Gorham & Visceglia having no reports, the meeting was opened to the public. In the absence of public comment that portion of the meeting was closed on a motion by Councilwoman Scott, seconded by Councilman Garruzzo.

The meeting was adjourned at 7:45 pm on a motion by Council Gorham, seconded by Councilman Visceglia.
Approved: January 28th, 2012.


________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-A Date: January 14th, 2013

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; and
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 14th day of January 2013, 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 2013 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 2013 Temporary Budget and shall be included in the 2013 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(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 14th, 2013.

Witness my hand and seal of the Borough of Brielle this 15th day of January, 2013.

_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-B Date: January 14th, 2013

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 Services Group, 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 14th day of January 2013, that;

1. Alan P. Hilla, Jr. & Birdsall Services Group is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2013 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 not 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 2013 Temporary Budget and shall be included in the 2013 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
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 14th, 2013.
Witness my hand and seal of the Borough of Brielle this 15th day of January 2013.

_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-C
Date: January 14th, 2013

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 14th day of January 2013, that;

1. Robert A. Hulsart is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2013 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 not 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 2013 Temporary Budget and shall be included in the 2013 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 15th, 2013.

Witness my hand and seal of the Borough of Brielle this 15th day of January 2013.

________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-D
Date: January 14th, 2013

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.

Certification

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 14th of January 2013. 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 15th day of January 2013.

BOROUGH OF BRIELLE
IN THE COUNTY OF
MONMOUTH, NEW JERSEY

____________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-E
Date: January 14th, 2013

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 14th day of January 2013, 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 2013 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 2013 Temporary Budget and shall be included in the 2013 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: 13-13-F Date: January 14th, 2013

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 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 14th day of January 2013, that;

1. The firm of Citta, Holzapfel & Zabarsky is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2013 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:I1-5(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 2013 Temporary Budget and shall be included in the 2013 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 14th, 2013.

Witness my hand and seal of the Borough of Brielle this 15th day of January 2013.

Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-G
Date: January 14th, 2013

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 14th day of January 2013, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2013 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 2013 Temporary Budget and shall be included in the 2013 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 14th, 2013.

Witness my hand and seal of the Borough of Brielle this 15th day of January, 2013.

________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 13-13-L
Date: January 14th, 2013

Resolution of the Borough of Brielle
Consenting to the proposed Water
Quality Management (WQM) Plan Amendment
entitled: Monmouth County
future wastewater service area map

Whereas, the Borough of Brielle desires to provide for the orderly development of wastewater facilities within Monmouth County; and

Whereas, , the New Jersey Department of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater treatment service areas, as well as related subjects, be in conformance with an approved WQM plan; and

Whereas, the NJDEP has established the WQM plan amendment procedure as the method of incorporating unplanned facilities into a WQM plan; and

Whereas, a proposed WQM plan amendment noticed in the New Jersey Register on January 7, 2013 as the Monmouth County Future Wastewater Service Area Map has been submitted on behalf of the Monmouth County Board of Chosen Freeholders;

Now Therefore Be It Resolved, on this 14th day of January, 2013, by the Governing Body of the Borough of Brielle that:
1. The Borough of Brielle hereby consents to the amendment entitled WQM Plan Amendment, and publicly noticed on January 7, 2013, prepared by Monmouth County, for the purpose of its incorporation into the applicable WQM plan(s).
2. This consent shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3.4 and to the County of Monmouth Division of Planning.

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 14th, 2013.
Witness my hand and seal of the Borough of Brielle this 15th day of January, 2013.

____________________
Thomas F. Nolan
Municipal Clerk

 

RELATED LINKS