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A Community by the River

Borough of Brielle, NJ


February 10, 2014

July 11 2014

February 10th, 2014

PAGE 14

MINUTES FEBRUARY 10th, 2014 WORK SESSION START: 7:30 PM

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE & NOLAN. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.

ABSENT: GORHAM, SHAAK & VISCEGLIA

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that that after the agenda had been disseminated two “house-keeping” resolutions were received and he requested permission to add same to the consent agenda. Council authorized the action.

There being no further comment, work session was adjourned at 7: 32 p.m. on a motion by Councilman Nolan, seconded by Councilman Gianforte.

PAGE 15

MINUTES FEBRUARY 10th, 2014 START: 7:33 P.M.

PRESENT: MAYOR NICOL, COUNCILMEN GARRUZZO, GIANFORTE, NOLAN, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO AND ADMINISTRATOR NOLAN

ABSENT: GORHAM, SHAAK & VISCEGLIA

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the January 27th, 2014 Regular meeting were approved on a motion by Councilman Garruzzo seconded by Councilman Nolan; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 14-23 for Passage of the Consent Agenda.

Resolution:
A. (see insertion).
B. (see insertion).
C. (see insertion).
D. (see insertion).
Vote: Councilmen Garruzzo, Gianforte, & Nolan; all aye, No nays. Passed

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 14-24 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 February 10th, 2014, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Councilmen Garruzzo, Gianforte & Nolan: all aye No nays. Passed

Mayor Nicol then announced that the time had arrived a hearing and further consideration of “AN ORDINANCE SUPLEMENTING CHAPTER VI OF THE CODE OF THE BOROUGH O BRIELLE ENTITLED “VEHICLES & TRAFFIC”.

The hearing was opened on a motion by Councilman Garruzzo seconded by Councilman Gianforte.

The Administrator explained that the Ordinance established four official pedestrian crossings, in compliance with N.J.S.A. 39:4-8.D, at Higgins Avenue, South Street, Old Bridge Road and Union Lane.

The hearing was closed on a motion by Councilman Nolan seconded by Councilman Garruzzo.

On a motion by Councilman Garruzzo seconded by Councilman Nolan, Resolution 14-25 was passed on final reading. Vote: Councilmen Garruzzo, Gianforte & Nolan; all aye No nays Passed
PAGE 16

Councilman Garruzzo seconded by Councilman Nolan, moved Resolution 14-26 for publication of passage and adoption in the Coast Star according to law. Vote: Councilmen Garruzzo, Gianforte & Nolan; all aye No nays Passed

Mayor Nicol then called for committee reports and recognized Councilman Gianforte who had no formal report.

Councilman Nolan cited the Library’s Annual Appeal that would begin shortly and the Board of Recreation’s ski trip, “hot shot knockout” competition, the February 28th coach’s basketball game and the annual three on three tournament.

Councilman Nolan added that he was working with Assemblyman Kean’s office to prepare a letter to be directed to the Department of Community Affairs regarding the new FEMA Maps, with an eye to getting some impacted local residents grandfathered and thus spared the more onerous requirements of the new legislation.

Councilman Garruzzo having no report and there being no public comment the meeting was adjourned at 7:40 p.m. on a motion by Councilman Garruzzo seconded by Councilman Nolan.





Approved: February 24th, 2014

______________________________
Thomas F. Nolan
Municipal Clerk



Resolution No.:14-23-A
Date: February 10th, 2014
Borough of Brielle Model Local Unit Civil Rights RESOLUTION
A RESOLUTION TO AFFIRM THE BOROUGH OF BRIELLE'S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS

WHEREAS, it is the policy of the Borough of Brielle to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act, and

WHEREAS, the governing body of Borough of Brielle has determined that certain procedures need to be established to accomplish this policy

NOW, THEREFORE BE IT ADOPTED by the Mayor & Council that:

Section 1: No official, employee, appointee or volunteer of the Borough of Brielle by whatever title known, or any entity that is in any way a part of the Borough of Brielle shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person's constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Borough of Brielle's business or using the facilities or property of the Borough of Brielle.

Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough of Brielle to provide services that otherwise could be performed by the Borough of Brielle.

Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.

Section 4: The Business Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.

Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.

Section 6: The Business Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough of Brielle as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.

Section 7: The Business Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.

Section 8: At least annually, the Business Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough of Brielle. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough of Brielle's web site.

Section 9: This resolution shall take effect immediately.

Section 10: A copy of this resolution shall be published in the official newspaper of the Borough of Brielle in order for the public to be made aware of this policy and the Borough of Brielle's commitment to the implementation and enforcement of this policy.
General Complaint Procedure:

Any individual who observes alleged wrongdoing on the part of officials, employees, or volunteers associated with the Borough of Brielle may report such action using this procedure. This includes any action the individual believes to constitute harassment, sexual harassment, or any other wrongdoing. Employees of the Borough of Brielle shall follow the Employee Complaint Procedure. All other individuals including volunteers and members of the public may report the alleged wrongdoing to the head of the applicable department or volunteer organization, or, if they prefer, or do not think that the matter can be discussed with the head of the applicable department or organization, they should contact the Business Administrator or the Borough Attorney.

Reporting of such incidents is encouraged both when an individual feels that he or she is subject to such incidents, or observes such incidents in reference to other individuals. The report or complaint should be in writing, but individuals may make a verbal complaint at their discretion. If an individual has any questions about what constitutes harassment, sexual harassment, or any other workplace wrongdoing, they may ask their supervisor or one of the individuals listed above. All reports of harassment, sexual harassment, or other wrongdoing will be promptly investigated by a person who is not alleged to be involved in the alleged harassment or wrongdoing.

No individual will be penalized in any way for reporting a complaint. There will be no discrimination or retaliation against any individual who files a good-faith harassment complaint, even if the investigation produces insufficient evidence to support the complaint, and even if the charges cannot be proven. There will be no discrimination or retaliation against any other individual who participates in the investigation of a complaint.

If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action will be swiftly pursued. Disciplinary action up to and including discharge will also be taken against individuals who make false or frivolous accusations, such as those made maliciously or recklessly. Actions taken internally to investigate and resolve harassment complaints will be conducted confidentially to the extent practicable and appropriate in order to protect the privacy of persons involved. Any investigation may include interviews with the parties involved in the incident, and if necessary, with individuals who may have observed the incident or conduct or who have other relevant knowledge. The complaining individual will be notified of a decision at the conclusion of the investigation within a reasonable time from the date of the report an incident.



Resolution No.: 14-23-B
Date: February 10th, 2014





Whereas, there exists a Tax Title Lien on property located at 332 Woodland Avenue, owned by Edward and Lisa McDonald and known as Block 47.01 Lot 22 and,

Whereas, this lien has been redeemed by
Ocwen Loan Servicing LLC
1661Worhtington Road Suite 100
West Palm Beach, FL 33409

Now, therefore, be it resolved that 2 checks be drawn made payable to

US Bank Cust for Pro Cap III
For redemption of this lien

1) Return of Premium $1,100.00
2) Lien Redemption $ 618.44



Approved:


Resolution No.: 14-23-C
Date: February 10th, 2014

RESOLUTION OF THE BOROUGH OF BRIELLE DECLARING ITS
OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR PROJECT
COSTS FROM THE PROCEEDS OF DEBT OBLIGATIONS IN CONNECTION
WITH ITS PARTICIPATION IN THE NEW JERSEY ENVIRONMENTAL
INFRASTRUCTURE TRUST FINANCING PROGRAM

WHEREAS, the Borough of Brielle, in the County of Monmouth (the "Borrower") intends to acquire, construct, renovate and/or install the environmental infrastructure project more fully described in Exhibit A attached hereto (the "Project");
WHEREAS, the Borrower intends to finance the Project with debt obligations of the Borrower (the "Project Debt Obligations") but may pay for certain costs of the Project (the "Project Costs") prior to the issuance of the Project Debt Obligations with funds of the Borrower that are not borrowed funds;
WHEREAS, the Borrower reasonably anticipates that obligations, the interest on which is excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), will be issued by the New Jersey Environmental Infrastructure Trust (the "Issuer") to finance the Project on a long-term basis by making a loan to the Borrower with the proceeds of the Issuer's obligations (the "Project Bonds"); and
WHEREAS, the Borrower desires to preserve its right to treat an allocation of proceeds of the Project Debt Obligations to the reimbursement of Project Costs paid prior to the issuance of the Project Debt Obligations as an expenditure for such Project Costs to be reimbursed for purposes of Sections 103 and 141 through 150, inclusive, of the Code.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower as follows:
Section 1. The Borrower reasonably expects to reimburse its expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with proceeds of its Project Debt Obligations.
Section 2. This resolution is intended to be and hereby is a declaration of the Borrower's official intent to reimburse the expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with the proceeds of a borrowing to be incurred by the Borrower, in accordance with Treasury Regulations §150-2.
Section 3. The maximum principal amount of the Project Debt Obligations expected to be issued to finance the Project is $3,300,000.
Section 4. The Project Costs to be reimbursed with the proceeds of the Project Debt Obligations will be "capital expenditures" in accordance with the meaning of Section 150 of the Code.
Section 5. No reimbursement allocation will employ an "abusive arbitrage device" under Treasury Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Code. The proceeds of the Project Bonds used to reimburse the Borrower for Project Costs, or funds corresponding to such amounts, will not be used in a manner that results in the creation of "replacement proceeds", including "sinking funds", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations §1.148-1), of the Project Debt Obligations or another issue of debt obligations of the Borrower, other than amounts deposited into a "bona fide debt service fund" (as defined in Treasury Regulations §1.148-1).
Section 6. All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than the Project Debt Obligations is paid, or (ii) the date the Project is "placed in service" (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than 3 years after the expenditure is paid.
Section 7. This resolution shall take effect immediately.
Recorded Vote:
AYE: Council Members Garruzzo, Gianforte and Nolan
NO: None
ABSTAIN: None
ABSENT: Council Members Gorham, Shaak, and Visceglia

CERTIFICATE
I, Thomas F. Nolan, Administrator/Clerk of the Borough of Brielle, in the County of Monmouth, State of New Jersey, HEREBY CERTIFY that the foregoing is a true and compared copy of an original resolution now on file and of record in my office which was duly adopted at a meeting of the Borough Council of the Borough of Brielle, on the 10th day of February, 2014.
I DO HEREBY CERTIFY that said Borough Council consists of six members and that three members thereof were present at said meeting and that three members voted affirmatively for the adoption of said resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Borough this 11thday of February, 2014.
________________________________
Thomas F. Nolan,
Municipal Administrator/Clerk
EXHIBIT A

DESCRIPTION OF THE PROJECT
The proposed project consists of the construction of the Union Lane Water Tank, an elevated steel water storage tank in the “fluted column” configuration, with a reservoir capacity of 300,000 gallons and an overall structural height of approximately 200 feet.


Resolution No.; 14-23-D
Date: February 10th, 2014

RESOLUTION OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY, MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 58:11B-9(a) & N.J.S.A. 40A:2-26(e)
WHEREAS, the BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY (the “Borough”) desires to make application to the Local Finance Board for its review and/or approval of a proposed permanent financing of the construction of the Union Lane Water Tank (the “Project”) through the New Jersey Environmental Infrastructure Financing Program (the “Program”), pursuant to N.J.S.A. 58:11B-9(a) & N.J.S.A. 40A:2-26(e); and
WHEREAS, in order to participate in the Program, the Borough anticipates issuing Bonds which will not conform with the limitations on maturities set forth in §40A:2-26; and
WHEREAS, the Borough believes:
(a) it is in the public interest to accomplish such purpose;
(b) said purpose is for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;
(c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;
(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not cause an undue financial burden to be placed upon the local unit or units;

NOW, THEREFORE, BE IT RESOLVED by the BOROUGH COUNCIL OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY as follows:
Section 1. The application to the Local Finance Board is hereby approved, and the Auditor, Borough Attorney, Bond Counsel, and Engineer, along with other representatives of the Borough, are hereby authorized to represent the Borough in matters pertaining thereto.
Section 2. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

Recorded Vote:
Aye: Council Members Garruzzo, Gianforte and Nolan
No: None
Abstain: None
Absent: Council Members Gorham, Shaak and Visceglia


CERTIFICATE
I, Thomas F. Nolan, Administrator/Clerk of the Borough of Brielle, in the County of Monmouth, State of New Jersey, HEREBY CERTIFY that the foregoing is a true and compared copy of an original resolution now on file and of record in my office which was duly adopted at a meeting of the Borough Council of the Borough of Brielle, on the 10th day of February, 2014.
I DO HEREBY CERTIFY that said Borough Council consists of six members and that three members thereof were present at said meeting and that three members voted affirmatively for the adoption of said resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Borough this 11th day of February, 2014.
______________________________
Thomas F. Nolan,
Administrator/Clerk



 

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