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A Community by the River

Borough of Brielle, NJ


December 9, 2013

February 03 2014

December 9th, 2013

MINUTES December 9th, 2013 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUNCIL MEMBERS 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 informed the Governing Body that he had nothing to report.

There being no further comment, work session was adjourned at 7:31 p.m. on a motion by Councilwoman Scott, seconded by Councilman Shaak.

MINUTES December 9th, 2013 START: 7:32P.M.

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

ABSENT: NONE

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the November 25th, 2013 meeting were approved on a motion by Councilwoman Scott seconded by Councilman Nolan; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Shaak, introduced Resolution 13-89 For Passage of the Consent Agenda.

Resolution:

A. (see insertion).
B. (see insertion).
C. To authorize the Mayor and Clerk to finalize and execute two pending inter-local agreements with the Borough of Sea Girt.
D. (see insertion).

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

Councilman Visceglia, seconded by Councilman Shaak introduced Resolution 13-90 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 9th, 2013, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia: all aye. No nays. Passed

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “An Ordinance to Amend & Supplement Ordinance No. 1023 “An Ordinance Fixing the Salaries & Compensations of the Various Officers & Employees of the Borough of Brielle”

Councilman Garruzzo, seconded by Councilman Nolan, introduced Resolution 13-91 for passage on introduction and first reading of the foregoing ordinance. Vote: Council members Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia: all aye. Passed

Councilman Shaak seconded by Councilman Nolan, introduced Resolution 13-92 to authorize publication of the foregoing ordinance in the Coast Star for a hearing to be held on December 23rd, 2013, at 7:30 pm, at Borough Hall, in compliance with law. Vote: Councilman Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia. Passed.

Mayor Nicol then called for committee reports and recognized Councilwoman Scott who reminded the residents to keep their motor vehicles off the street during severe weather. Councilwoman Scott also cited the fact that Christmas was a great season for recycling. Residents often forget that cards, envelopes, catalogues, magazines and wrapping are all recyclable. Councilwoman Scott urged residents not to miss the opportunity.

Councilwoman Scott also praised the Annual Christmas Tree Lighting and all those associated with the event. She also noted that “if anyone at the ceremony had lost a black scarf, she had it”.

Councilman Nolan advised the public that the Library was once again wrapping presents. Each box required a $1.00 donation.

Councilman Nolan noted that the Christmas Tree Lighting had once again been a great success and he thanked the Board of Recreation and those who worked so hard to make it a great event for the community.

Councilman Garruzzo also lauded the Tree Lighting, but had no report. Since Councilmen Shaak, Gorham & Visceglia had no reports; the meeting was opened to the public.

There being no questions from the public, the meeting was adjourned at 7:39 pm. on a motion by Councilman Gorham, seconded by Councilman Shaak.

Approved: December 23rd, 2013

Thomas F. Nolan
Municipal Clerk

Resolution No.: 13-89-A
Date: December 9th, 2013

Resolution Supporting the
Drive Sober or Get Pulled Over
2013 Year End Statewide Crackdown

WHEREAS, impaired drivers on our nation's roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each Year; and

WHEREAS, alcohol impairment is a factor in 19% of motor vehicle fatalities in New Jersey; and

WHEREAS, an enforcement crackdown is planned to Combat impaired driving; and

WHEREAS, the season at the end of the year is traditionally a time of social gathering which often include alcohol; and
WHEREAS, the State of New Jersey, Division of Highway Safety, has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over Year End Statewide Crackdown; and
WHEREAS, the project will involve increased impaired driving enforcement from December 6th, 2013 through January 2nd,, 2014; and
WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadway;
THEREFORE, BE IT RESOLVED THAT, the Borough of Brielle declares its support for the Drive sober Or Get Pulled Over 2013 Year End Statewide Crackdown from December 6th, 2013 through January 2nd, 2014 and pledges to increase awareness of the dangers of drinking and driving.

CERTIFICATION

I, Thomas F. Nolan do hereby certify that the foregoing is a true copy of a resolution adopted by the Governing Body of the Borough of Brielle at a meeting held on the 9th day of December, 2013.
In Witness Whereof, I have hereunder set my hand and official seal of the municipality this 10th day of December 2013.

Thomas F. Nolan
Municipal Clerk




Resolution No: 13-89-B Date: December 9th, 2013

Resolution of the Borough of Brielle

Whereas: on December 4th, 2013 Brielle Education Foundation, PO Box 162, Brielle, NJ 08730 submitted Raffle Application No. 2013-28 ID, No. 57-5-37135 for an off-site 50/50 Raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle, NJ 08730 on January 24th, 2014 from 7pm-10pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on December 9th, 2013.

Witness my Hand and Seal of the Borough of Brielle this 10th day of December 2013.

Thomas F. Nolan
Municipal Clerk


Resolution No. 13-89-D
Date: December 9th, 2013

RESOLUTION OF THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH,
AUTHORIZING SALE OF NOTES FOR EMERGENCY APPROPRIATION
PURSUANT TO N.J.S.A. 40A:4-53 AND N.J.S.A. 40A:55 FOR THE PREPARATION
AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL
PROPERTY


WHEREAS, the Borough of Brielle, County of Monmouth (the "Borough") has adopted a resolution on May 13, 2013 creating an special emergency appropriation of $200,000 for the preparation and execution of a complete program of revaluation of real property, and N.J.S.A. 40A:4-53 provides for the creation of an emergency appropriation for the purpose above mentioned, and

NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:

1. A special emergency exists and the special emergency appropriation provided for herein is necessary in order to provide for the preparation and execution of a complete program of revaluation of real property.

2. In order to finance the special emergency appropriation described in this resolution, the Borough is hereby authorized to borrow the sum of $200,000 and to issue its emergency notes pursuant to N.J.S.A. 40A:4-55. The special emergency notes authorized by this resolution may be issued in amounts and denominations not exceeding in the aggregate the amount of notes authorized herein, as determined by the chief financial officer of the Borough pursuant to this resolution.
3. The following matters in connection with the notes are hereby determined:
(a) All notes issued hereunder and any renewals thereof shall mature at such time as may be determined by the chief financial officer, provided, however, that at least 1/5 of all such notes and renewals, thereof, shall mature and be paid in each fiscal year thereafter until all are paid;
(b) All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer;
(c) The notes shall be in the form determined by the chief financial officer and the chief financial officer's signature upon the notes shall be conclusive as to such determination.
4. The chief financial officer is hereby authorized and directed to determine all matters in connection with the notes not determined by this or a subsequent resolution and the chief financial officer's signature upon the notes shall be conclusive as to such determination.

5. The chief financial officer is hereby authorized to sell the notes and any renewals thereof from time to time at public or private sale in such amounts as such officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.
6. All notes issued pursuant to this resolution shall be executed by the chief financial officer and the Mayor and shall be under the seal of the Borough and attested by the Clerk of the Borough. Such officers are hereby authorized to execute and deliver all documents necessary or convenient in connection with the issuance, sale and delivery of the notes.
7. Any note issued pursuant to this resolution shall be a general obligation of the Borough. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the notes authorized herein and, unless otherwise paid or payment is provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.
8. The chief financial officer is authorized and directed to report in writing to this governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.
9. The Borough covenants to maintain the exclusion from gross income under section 103(a) of the Code, of the interest on the notes issued under this resolution.
10. The Borough reasonably expects to reimburse the expenditures toward the costs of the recovery described in this resolution incurred and paid for by the Borough prior to the issuance of the notes authorized by this resolution with the proceeds of such notes. No funds from sources other than the notes have been or are reasonably expected to be reserved or allocated on a long-term basis or otherwise set aside by the Borough, or any member of the same "controlled group" as the Borough, within the meaning of Treasury Regulation Section 1.150-1(e), pursuant to its budget or financial policies with respect to expenditures of the Borough to be reimbursed. This paragraph 10 is intended to be and hereby is a declaration of the Borough's official intent to reimburse the expenditures toward the costs of the recovery described in this resolution incurred and paid for prior to the issuance of the notes with the proceeds of such issuance of the notes by the Borough, in accordance with Treasury Regulation Section 1.150-2(e)(1), and no action (or inaction) will be an artifice or device in accordance with Treasury Regulation Section 1.148-10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements or to avoid restrictions under Sections 142 through 147 of the Code. The proceeds of the notes used by the Borough to reimburse itself for expenditures towards the recovery described in this resolution incurred and paid for, will not be used directly or indirectly (i) to "refund" an issue of governmental obligations within the meaning of Section 148 of the Code, (ii) to create or increase the balance of a "sinking fund" within the meaning of

Treasury Regulation Section 1.148-1(c)(2) with respect to any obligation of the Borough, or to replace funds that have been, are being or will be used for sinking fund purposes, (iii) to create or increase the balance in a "reserve or replacement fund" within the meaning of Section 148(d) of the Code and Treasury Regulation Section 1.148-2(f) with respect to any obligation of the Borough or to replace funds that have been, are being or will be so used for reserve or replacement fund purposes, or (iv) to reimburse the Borough for any expenditure or payment that was originally paid with the proceeds of any obligation of the Borough (other than borrowing by the Borough from one of its own funds or the funds of a member of the same "controlled group" within the meaning of Treasury Regulation Section 1.150-1(e)). The notes to be issued by the Borough to finance those expenditures towards the recovery described in this resolution to be reimbursed will be issued in an amount not to exceed $200,000, which moneys shall be expended from a fund of the Borough, entitled "Current Fund," which fund contains moneys which can be expended for any lawful project of the Borough. That the expenditures incurred and paid towards the Recover described in this resolution to be reimbursed with the proceeds of the notes will be "capital expenditures" in accordance with the meaning of Treasury Regulation Section 1.150-2(d)(3).

11. Two certified copies of this resolution shall be filed with the Director of the Division of Local Government Services.

12. This resolution shall take effect immediately.

 

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