www.briellenj.com
A Community by the River

Borough of Brielle, NJ


March 10, 2014

July 11 2014

March 10th, 2014

PAGE 21

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

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

ABSENT: COUNCILMAN NOLAN

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that he had nothing to report, but added that, unless there was no objection, he was granting permission to the Woman’s Club to place pin wheel gardens at the three entry points into Brielle (Route #35, 70 & 71), during the month of April re: Child Abuse Awareness Month.

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

PAGE 22

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

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

ABSENT: COUNCILMAN NOLAN

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the February 24th, 2014 Regular meeting were approved on a motion by Councilman Garruzzo seconded by Councilman Visceglia; all aye; no nays. Passed

Councilman Gorham seconded by Councilman Garruzzo, introduced Resolution 14-31 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. (see insertion)

Vote: Councilmen Garruzzo, Gianforte, Gorham, Shaak and Visceglia; all aye, No nays. Passed (Note: Re: “A”, Councilman Garruzzo abstained on “A”. Resolution “A” was also discussed with regard to Angie Cardon, 304 Union Lane concern over increase noise on the patio over the past few years due to the employment of a band. Ms. Cardon advised that she had made two complaints and had meet with Chief Palmer regarding the issue. As Police Commissioner, Councilman Garruzzo assured her that the situation would be monitored and both he and Chief Palmer would meet with the owners of the establishment to ensure that the noise levels were moderated.)

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 14-32 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 March 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, Gorham, Shaak and Visceglia: all aye No nays. Passed

Mayor Nicol then announced that the time had arrived for the public hearing on final reading of “BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 1028, ADOPTED

PAGE 23

JULY 22nd, 2013, PROVIDING FOR VARIOUS WATER SEWER UTILITY IMPROVEMENTS, IN ORDER TO REDUCE THE SCOPE OF THE IMPROVEMENTS TO ONLY INCLUDE THE CONSTRUCTION OF THE UNION LANE WATER TANK, AUTHORIZED IN AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY”.

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

There being no comment, the hearing was closed on a motion by Councilman Gorham, seconded by Councilman Visceglia.

Councilman Garruzzo, seconded by Councilman Gorham, introduced Resolution 14-33 for passage on final reading in accordance with Local Bond Law.. Vote: Councilmen Garruzzo, Gianforte, Gorham, Shaak & Visceglia; all aye, No nays. Passed

Councilman Garruzzo, seconded by Councilman Gianforte, moved Resolution 14-34 for publication of passage and adoption in the Coast Star in accordance with local bond law. Vote: Councilmen Garruzzo, Gianforte, Gorham, Shaak & Visceglia; all aye, No nays. Passed

Mayor Nicol then announced that the time had arrived for the introduction on first reading of “CALENDAR YEAR 2014-AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.40A:4-45.14)”.

Councilman Shaak, seconded by Councilman Visceglia, introduced Resolution 14-35 for passage on introduction and first reading of the foregoing ordinance. Vote: Councilmen Garruzzo, Gianforte, Gorham, Shaak & Visceglia; all aye, No nays. Passed

Councilman Garruzzo seconded by Councilman Gorham, introduced Resolution 14-36 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm on March 24th, 2014, at Borough Hall. Vote: Councilmen Garruzzo, Gianforte, Gorham, Shaak & Visceglia: all aye, No nays. Passed

Mayor Nicol then called for committee reports, but since no members had reports, the meeting was open to the public and Edward Burke, 409 Union Lane, was recognized. Mr. Burke advised that he was back because the two pot holes he brought to Council’s attention at the last meeting remained unaddressed. He also noted that if the Council really wanted to address the issue they could find hot patch.

There being no further public comment the meeting was adjourned at 7:56 p.m. on a motion by Councilman Visceglia, seconded by Councilman Gorham.


Approved: March 24th, 2014

______________________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 14-31-A
Date: March 25th, 2013



Resolution of the Borough of Brielle




Whereas, Larma Corporation, Inc., with premises located at 622 green avenue, has made application for the renewal of seasonal liquor license #1308-34-003-005, for the license period March 1st, 2014 through November 30th, 2014* inclusive, and

Whereas, the application being complete, $1, 650.00 fee paid to the borough of Brielle, $200.00 fee due to the state of New Jersey Division Of Alcoholic Beverage Control being enclosed and all municipal authorizations being in place, and

Whereas, there have been no objections lodged to the renewal of this license.

Now therefore be it resolved, that the municipal clerk is hereby authorized to issue said license.
Certification

The foregoing is a true copy of a resolution, adopted by the Brielle mayor & council, at meeting held on March 10th, 2014.

Witness my hand and the seal of the borough of Brielle this 11th day of March, 2014.



___________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 14-31-B-1
Date: March 10th, 2014

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987 c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and
WHEREAS, The New Jersey Department of Environmental Protection and Energy has promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and
WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and
WHEREAS, A resolution authorizing the Borough of Brielle to apply for such tonnage grants for calendar year 2013 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Borough of Brielle to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and
WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Brielle hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and Energy and designates Bob McArthur. to ensure that the application is properly filed; and
BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to-be used solely for the purposes of recycling.
Vote:
CERTIFICATION
The foregoing is a true copy of a Resolution passed by the Brielle Mayor & Council at a meeting held on March 10th, 2014.
Witness my hand and seal of the Borough of Brielle this 11th day of March 2014.
________________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 14-31-B-2
Date: March 10th, 2014


TAX IDENTIFICATION STATEMENT


WHEREAS, The Recycling Enhancement Act, P.L.2007, chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, There is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.
WHEREAS, Whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the "Local Public Contracts Law", the amount of the grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.


REA Tax certified by: M&S Waste
Name of Official: Thomas Nolan
Title of Official: Administrator

Date: March 10th, 2014 2155.17 Tons @ $3.00 per ton = $6465.51


_________________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 14-31-C
Date: March 10th, 2014


Resolution of the Borough of Brielle



WHEREAS, there exists a Tax Title Lien on property located 607 Woodland Avenue, owned by George Carty and known as Block 20.01 Lot 22, and

WHEREAS, this lien has been redeemed by Wells Fargo

NOW, THEREFORE, BE IT RESOLVED that 2 checks be drawn made payable to

Tower Fund cust for Ebury fund 1 NJ LLC
for redemption of this lien

1) Return of Premium $29,000.00
2) Lien Redemption $22,295.48
Certification

The foregoing is a true copy of a Resolution passed by the Mayor and Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on March 10th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 11th day of March 2014.



__________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 14-31-D
Date: March 10th, 2014


Resolution of the Borough of Brielle



WHEREAS, there exists a Tax Title Lien on property located 401 Laurel Avenue, owned by Aimee Paccione and known as Block 94 Lot 2, and

WHEREAS, this lien has been redeemed by Bayview loan Servicing

NOW, THEREFORE, BE IT RESOLVED that 2 checks be drawn made payable to

Tower Fund cust for Ebury fund 1 NJ LLC
for redemption of this lien

3) Return of Premium $1,200.00
4) Lien Redemption $16,333.07
Certification

The foregoing is a true copy of a Resolution passed by the Mayor and Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on March 10th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 11th day of March 2014.



__________________
Thomas F. Nolan
Municipal Clerk







Resolution No.: 14-31-E
Date: March 10, 2014

Monmouth County Municipal Joint Insurance Program
Safety and Compliance Program
Acceptance Resolution
Borough of Brielle, County of Monmouth, State of New Jersey
RESOLUTION ACCEPTING AND ADOPTING THE MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND'S 2014 SAFETY AND COMPLIANCE PROGRAM
WHEREAS, The Borough of Brielle is a member of the Monmouth County Municipal Joint Insurance Fund (MONMOUTH JIF); and
WHEREAS, it is the policy of the MONMOUTH JIF to achieve the best and most practical degree of freedom from accidents and/or injuries; and
WHEREAS, the MONMOUTH JIF endeavors to ensure that all of their members' employees, volunteers and public are provided with a safe and healthy environment, free from any recognized hazards; and
WHEREAS, the MONMOUTH JIF endeavors to ensure that all of their members are in compliance with applicable safety and health requirements; and
WHEREAS, the MONMOUTH JIF's Safety Committee is made up of volunteers representing many of the Fund's Municipalities, along with the professionals employed by the Fund; and
WHEREAS, over the past year, the MONMOUTH JIF'S Safety Committee has worked hard to develop a new Safety and Compliance Program like none other in the State that will better represent the members of the Fund's needs; and
WHEREAS, the new Program will assist all the Monmouth JIF's members in becoming or maintaining compliance with all Public Employees Occupational Safety and Health (PEOSH) Requirements; and
WHEREAS, the MONMOUTH JIF has adopted the new 2014 SAFETY AND COMPLIANCE PROGRAM which should succeed in providing a safe, healthful and pleasant environment; and
WHEREAS, the Clerk/ Administrator of the Borough of Brielle has reviewed this SAFETY AND COMPLIANCE PROGRAM and has recommended its adoption by the Governing Body; and
NOW; THEREFORE, BE IT RESOLVED, by the Borough of Brielle of the County of Monmouth, State of New Jersey that the Monmouth County Municipal Joint Insurance Fund SAFETY AND COMPLIANCE PROGRAM be adopted by the Borough of Brielle.

ATTEST Municipal Clerk
ATTEST Mayor

Presented by:
Seconded by: Roll Call Vote:

AYES
NAYES
ABSTAINING
ABSENT


Resolution No.:14-31-F
Date: March 10th, 2014

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENTS TO BE EXECUTED BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY, AND EACH OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY, ACTING BY AND THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT, ALL PURSUANT TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM

WHEREAS, the Borough of Brielle (the "Local Unit"), in the County of Monmouth, New Jersey, has determined that there exists a need within the Local Unit to acquire, construct, renovate or install the Project (the "Project") as defined in each of that certain Loan Agreement (the "Trust Loan Agreement") to be entered into by and between the Local Unit and the New Jersey Environmental Infrastructure Trust (the "Trust") and that certain Loan Agreement (the "Fund Loan Agreement", and together with the Trust Loan Agreement, the "Loan Agreements") to be entered into by and between the Local Unit and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the "State"), all pursuant to the New Jersey Environmental Infrastructure Trust Financing Program (the "Program");

WHEREAS, the Local Unit has determined to finance the acquisition, construction, renovation or installation of the Project with the proceeds of a loan to be made by each of the Trust (the "Trust Loan") and the State (the "Fund Loan", and together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively;

WHEREAS, to evidence the Loans, each of the Trust and the State require the Local Unit to authorize, execute, attest and deliver the Local Unit's General Obligation Bonds, Series 2014A, to the Trust (the "Trust Loan Bond") and General Obligation Bonds, Series 2014B, to the State (the "Fund Loan Bond", and together with the Trust Loan Bond, the "Local Unit Bonds") in an aggregate principal amount not to exceed $3,610,000 pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the "Local Bond Law"), other applicable law and the Loan Agreements; and

WHEREAS, the Trust and the State have expressed their desire to close in escrow the making of the Loans, the issuance of the Local Unit Bonds and the execution and delivery of the Loan Agreements, all pursuant to the terms of an Escrow Agreement (the "Escrow Agreement") to be entered into by and among the Trust, the State, the Local Unit and the escrow agent named therein.

NOW, THEREFORE, BE IT RESOLVED by the governing body of the Local Unit as follows:

Section I. The Trust Loan Agreement, the Fund Loan Agreement and the Escrow Agreement (collectively, the "Financing Documents") are hereby authorized to be executed and delivered on behalf of the Local Unit by either the Mayor or the Chief Financial Officer in substantially the forms attached hereto as Exhibits A, B and C, respectively, with such changes as the Mayor or the Chief Financial Officer (each an "Authorized Officer"), in their respective sole discretion, after consultation with counsel and any advisors to the Local Unit (collectively, the "Local Unit Consultants") and after further consultation with the Trust, the State and their representatives, agents, counsel and advisors (collectively, the "Program Consultants", and together with the Local Unit Consultants, the "Consultants"), shall determine, such determination to be conclusively evidenced by the execution of such Financing Documents by an Authorized Officer as determined hereunder. The Local Unit Clerk is hereby authorized to attest to the execution of the Financing Documents by an Authorized Officer of the Local Unit as determined hereunder and to affix the corporate seal of the Local Unit to such Financing Documents.
Section 2. The Authorized Officers of the Local Unit are hereby further severally authorized to (i) execute and deliver, and the Local Unit Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the Local Unit to, any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officers or the Local Unit Clerk, as applicable, in their respective sole discretion, after consultation with the Consultants, to be executed in connection with the execution and delivery of the Financing Documents and the consummation of the transactions contemplated thereby, which determination shall be conclusively evidenced by the execution of each such certificate or other document by the party authorized hereunder to execute such certificate or other document, and (ii) perform such other actions as the Authorized Officers deem necessary, desirable or convenient in relation to the execution and delivery thereof.

Section 3. This resolution shall take effect immediately.

Section-4. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to Meghan Bennett Clark, Dilworth Paxson LLP, bond counsel to the Local Unit, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.


Recorded Vote:
AYE
NO
ABSTAIN
ABSENT



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 March, 2014.
I DO HEREBY CERTIFY that said Borough Council consists of # members and that # members thereof were present at said meeting and that 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 March, 2014.

____________________________________________
Thomas F. Nolan, Municipal Administrator/Clerk



Resolution No.:14-31-G
Date: March 10th, 2014

RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT EXCEEDING $3,610,000 BONDS, SERIES 2014, OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY, AND PROVIDING FOR THEIR SALE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY PURSUANT TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM.
WHEREAS, the Borough of Brielle (the "Local Unit"), in the County of Monmouth, New Jersey, has determined that there exists a need within 'the Local Unit to acquire, construct, renovate or install the Project (the "Project") as defined in each of that certain Loan Agreement (the "Trust Loan Agreement") to be entered into by and between the Local Unit and the New Jersey Environmental Infrastructure Trust (the "Trust") and that certain Loan Agreement (the "Fund Loan Agreement", and together with the Trust Loan Agreement, the "Loan Agreements") to be entered into by and between the Local Unit and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the "State"), all pursuant to the New Jersey Environmental Infrastructure Trust Financing Program (the "Program");
WHEREAS, the Local Unit has determined to finance the acquisition, construction, renovation or installation of the Project with the proceeds of a loan to be made by each of the Trust (the "Trust Loan") and the State (the "Fund Loan", and together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively;
WHEREAS, to evidence the Loans, each of the Trust and the State require the Local Unit to authorize, execute, attest and deliver the Local Unit's General Obligation Bonds, Series 2014A, to the Trust in an aggregate principal amount not to exceed $945,000 (the "Trust Loan Bond") and General Obligation Bonds, Series 2014B, to the State in an aggregate principal amount not to exceed $2,665,000 (the "Fund Loan Bond", and together with the Trust Loan Bond, the "Local Unit Bonds") pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the "Local Bond Law"), other applicable law and the Loan Agreements; and
WHEREAS, N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law allows for the sale of the Trust Loan Bond and the Fund Loan Bond to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:1IB-9(a) allows for the sale of the Trust Loan Bond to the Trust without any public offering, all under the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED by a 2/3 vote of the full membership of the governing body of the Local Unit as follows:
Section 1. In accordance with N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law and N.J.S.A. 58:11B-9(a), the Local Unit hereby sells and awards its Trust Loan Bond to the Trust and its Fund Loan Bond to the State, in a total aggregate principal amount not to exceed $3,610,000, all in accordance with the provisions hereof. The Local Unit Bonds have been referred to and are described in bond ordinance #1028 of the Local Unit, which bond ordinance is entitled "BOND ORDINANCE PROVIDING FOR VARIOUS WATER-SEWER UTILITY IMPROVEMENTS, AND APPROPRIATING $3,800,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,610,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY" and was finally adopted by the Local Unit at a meeting duly called and held on July 22, 2013, at which time a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law, and bond ordinance #1031 of the Local Unit, which bond ordinance is entitled "BOND ORDINANCE AMENDING IN PART BOND ORDINANCE NO. 1028 ADOPTED ON JULY 22, 2013, PROVIDING FOR VARIOUS WATER-SEWER UTILITY IMPROVEMENTS, IN ORDER TO REDUCE THE SCOPE OF IMPROVEMENTS TO ONLY INCLUDE THE CONSTRUCTION OF THE UNION LANE WATER TANK, AUTHORIZED IN AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY" and was finally adopted by the Local Unit at a meeting duly called and held on March 10th, 2014, at which time a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law.
Section 2. The Chief Financial Officer of the Local Unit (the "Chief Financial Officer") is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions hereof, the following items with respect to the Trust Loan Bond and the Fund Loan Bond:
a) The aggregate principal amounts of the Trust Loan Bond and the Fund Loan Bond to be issued;
b) The maturity and annual principal installments of the Local Unit Bonds, which maturity shall not exceed 20 years;
c) The date of the Local Unit Bonds;
d) The interest rates of the Local Unit Bonds;
e) The purchase price for the Local Unit Bonds; and
f) The terms and conditions under which the Local Unit Bonds shall be subject to redemption prior to their stated maturities.
Section 3. Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the Local Unit Bonds by the parties authorized under Section 4(c) hereof.
Section 4. The Local Unit hereby determines that certain terms of the Local Unit Bonds shall
be as follows:
(a) The Trust Loan Bond shall be issued in a single denomination and shall be numbered 2014A-1. The Fund Loan Bond shall be issued in a single denomination and shall be numbered 2014B-1;
(b) The Local Unit Bonds shall be issued in fully registered form and shall be payable to the registered owners thereof as to both principal and interest in lawful money of the United States of America; and
(c) The Local Unit Bonds shall be executed by the manual or facsimile signatures of the
Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Local Unit Clerk.
Section 5. The Trust Loan Bond and the Fund Loan Bond shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.
Section 6. The law firm of Dilworth Paxson LLP is hereby authorized to arrange for the printing of the Local Unit Bonds, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust and the State for the Program, to arrange for same. The Local Unit auditor is hereby authorized to prepare the financial information necessary in connection with the issuance of the Local Unit Bonds. The Mayor, the Chief Financial Officer and the Local Unit Clerk are hereby authorized to execute any certificates necessary or desirable in connection with the financial and other information.
Section 7. The terms of the Local Unit Bonds authorized to be set forth by the Chief Financial Officer in accordance with Section 2 hereof shall be ratified by the affirmative vote of 2/3 of the full membership of the governing body of the Local Unit.
Section 8. The Mayor and the Chief Financial Officer are hereby severally authorized to execute any certificates or documents necessary or desirable in connection with the sale of the Local Unit Bonds, and are further authorized to deliver same to the Trust and the State upon delivery of the Local Unit Bonds and the receipt of payment therefor in accordance with the Loan Agreements.
Section 9. This resolution shall take effect immediately.
Section 10. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to Meghan Bennett Clark, Esq., Dilworth Paxson LLP, bond counsel to the Local Unit, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.
Recorded Vote:
Aye No
Abstain Absent

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 March, 2014.
I DO HEREBY CERTIFY that said Borough Council consists of # members and that # members thereof were present at said meeting and that 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 March, 2014.


___________________________________________
Thomas F. Nolan, Municipal Administrator/Clerk

(seal)



Resolution No.:14-31-H
Date: March 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 $3,610,000.
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
No
Abstain
Absent

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 March, 2014.
I DO HEREBY CERTIFY that said Borough Council consists of # members and that # members thereof were present at said meeting and that 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 March, 2014.

___________________________________________
Thomas F. Nolan, Municipal Administrator/Clerk

 

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