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A Community by the River

Borough of Brielle, NJ


April 28, 2014

July 11 2014

April 28th, 2014

PAGE 32

MINUTES APRIL 28th, 2014 WORK SESSION START: 7:30 PM

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

ABSENT: NONE

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who advised Council that he had nothing to report, but he advised that the Brielle Board of Recreation Commission was prepared to announce the winners of the Annual Snowman Contest.

Councilman Nolan, as liaison to the Commission, stood in for Chairman John Devereux and Coordinator Steve Speicher and announced that Amanda Guzzo and Ryan O’Connor. Both ladies received snow cone making machines for their winning entry “Upside Down Snowman”. Their snowman had been judged as the best of the twenty-eight entries.

There being no further comment, work session was adjourned at 7:34 p.m. on a motion by Councilman Shaak, seconded by Councilman Nolan.


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MINUTES APRIL 14th, 2014 START: 7:35 P.M.

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

ABSENT: NONE

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the April 14th, 2014 Regular meeting were approved on a motion by Councilman Shaak seconded by Councilman Gorham; all aye; no nays. Passed

Mayor Nicol then advised that the time had arrived for a hearing on the 2014 Municipal Budget.

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

Finance Chairman Visceglia advised the public that the 2014 budget of $6,312,000.00, for municipal purposes, represented a decrease of $8,152.00 from the 2013 figure of $6,320,152.00. The net impact on the municipal tax rate was therefore flat and Councilman Visceglia added that the revaluation, scheduled for completion this year, should have a positive effect on future rates.

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

Councilman Garruzzo seconded by Councilman Nolan introduced Resolution 14-44 (see insertion). Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia all aye; no nays Passed. At the request of Mayor Nicol, Borough Auditor Robert Hulsart explained that the statute permitted 50% of the unpaid school tax to be employed in the current budget to stabilize the municipal rate.

Councilman Visceglia, seconded by Councilman Garruzzo introduced Resolution 14-45 (see insertion). Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye. No nays Passed.

Councilman Garruzzo seconded by Councilman Shaak, introduced Resolution 14-46 for Passage of the Consent Agenda.

Resolution:
A. (see insertion)
B. To approve sponsorship in the campaign against Crohn’s Disease and Ulcerative Colitis.
C. (see insertion)
D. (see insertion)
E. To approve Change Order No. 1 in the amount of $14,912.40 re: 2013 Capital Improvement Program

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Vote: Councilmen Garruzzo, Gianforte, Gorham Nolan, Shaak and Visceglia; all aye, No nays.

Passed Note: Councilman Garruzzo abstained on “C”

Councilman Visceglia seconded by Councilman Shaak introduced Resolution 14-47 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 April 28th, 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, Nolan, Shaak and Visceglia: all aye. No nays. Passed

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “BOND ORDINANCE PROVIDING AN APPROPRIATION OF $360,000.00 FOR MISCELLANEOUS IMPROVEMENTS FOR AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $342,000.00 BONDS OR NOTES OF THE BOROUGH OF BRIELLE FOR FINANCING PART OF THE APPROPRIATION”.

Councilman Shaak seconded by Councilman Gianforte, introduced Resolution 14-48 for passage on introduction and first reading of the foregoing ordinance. Vote: Councilman Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed

Councilman Garruzzo seconded by Councilman Visceglia, introduced Resolution 14-49 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm, on May 12th, 2014, at Borough Hall in accordance with Municipal Bond Law. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, 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 CHAPTER TWENTY, SECTION SIX, SUB-SECTION SEVEN (20-6.7) OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “LAND USE FEES”.

Councilman Shaak seconded by Councilman Visceglia introduced Resolution 14-50 for passage on introduction and first reading of the foregoing ordinance. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed

Councilman Garruzzo, seconded by Councilman Nolan, introduced Resolution 14-51 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm, on May 12th, 2014, at Borough Hall, according to law. Vote: Councilman Garruzzo, Gianforte, Gorham, Nolan, 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 CHAPTER FOUR OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “GENERAL LICENSING”.
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Councilman Garruzzo seconded by Councilman Nolan introduced Resolution 14-52 for passage on introduction and first reading of the foregoing ordinance. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed

Councilman Gianforte seconded by Councilman Gorham introduced Resolution 14-53 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm, on May 12th, at Borough Hall, according to law. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, 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 CHAPTER SEVEN (SECTION 7-12) OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “PARKING LIMITED ON CERTAIN STREETS”.

Councilman Gianforte seconded by Councilman Nolan introduced Resolution 14-54 for passage on introduction and first reading of the foregoing ordinance. Vote: Councilman Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye No nays. Passed

Councilman Shaak seconded by Councilman Nolan, introduced Resolution 14-55 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm, on May 12th, at Borough Hall. Vote: Councilman Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye No nays. Passed

Mayor Nicol then called for committee reports. Councilmen Visceglia & Gorham had no reports. Councilman Shaak advised the public that hydrant flushing would take place from April 27th through May 1st, during the overnight hours, to minimize impact on the public. Councilman Shaak reminded the public not to do laundry while flushing was in progress.

Councilman Shaak reminded the public that mulch and wood chips were still available and that strict enforcement of recycling regulations would begin next week. Violators would receive warnings. Clean-up week would begin May 5th. In closing Councilman Shaak cited the new “Welcome to Brielle” signs that been placed by Eagle Scout candidate Zachary Hague over the weekend.

Councilman Garruzzo cited the implementation of bicycle safety measures by the Brielle Police. Particular emphasis was being placed on wearing helmets as 85% of fatalities resulted from the failure to wear helmets. A complete list of rules for safe biking and fifteen recommendations for safety during the warm weather traveling were available on the web site.

Councilman Garruzzo also cited a consortium on heroin being held at the Algonquin Theater on May 14th from 7:00 pm to 9:30 pm. The session was geared to adults and children over twelve and would focus on this growing problem. Councilman Shaak interjected that heroin knew no boundaries and five Brielle Residents had overdosed in recent months. Heroin was a problem that no elected official could ignore.
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Councilman Nolan cited the annual North/South competition on May 31st from 8:00 am to 4:00pm. This year the goal was to raise $10,000 to benefit Mark Reed a victim of Non Random Birth Defect.

Turning to the environment, Councilman Nolan also cited the distribution of 450 trees by the DPW as part of the Sandy Recovery program.

Councilman Gianforte thanked his colleagues for their introduction of the three ordinances that had originated in his committee. Their support was appreciated.

Turning to the public for comment, the Chair recognized Daryl Schambach, 525 Harris Avenue, who advised the Council of the May 3rd Eagle Scout program at the Fire House; he asked if any member of the Council would be attending. In addition to Mayor Nicol, Councilman Nolan and Visceglia planned to attend.

There being no further public comment the meeting was adjourned at 7:48 p.m. on a motion by Councilman Shaak seconded by Councilman Garruzzo.





Approved: May 12th, 2014



______________________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 14-46-A
Date: April 28th, 2014

Borough of Brielle

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Brielle has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2014 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Brielle that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges Deferred charges and statutory expenditures
b. Cash deficit of preceding year
c. Reserve for uncollected taxes
d. Other reserves and non-disbursement items
e. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate and correctly stated,
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

Approved: April 28th, 2014

Vote Recorded as follows: Councilman Garruzzo, Gianforte, Gorham, Nolan, Shaak and Visceglia; all aye. No nays.

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 April 28th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 29th day of March 2014.

______________________
Thomas F. Nolan
Municipal Clerk





Resolution No.: 14-46-C
Date: April 14th, 2014




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 May 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 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 April 28th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 29th day of April 2014.




___ Thomas F. Nolan
Municipal Clerk






Resolution No.: 14-46-D
Date: April 28th, 2014

A resolution authorizing the Borough of Brielle to enter into a joint purchasing agreement

WHEREAS, N.J.S.A. 40A:11-11(10) authorizes contracting units to establish a Joint Purchasing System and to enter into a Joint Purchasing Agreement for its administration; and

WHEREAS, the Borough of Neptune City, hereinafter referred to as the "Lead Agency" has offered voluntary participation in a Joint Purchasing System for the provision and performance of goods and services; and

WHEREAS, on October 15, 2013 the governing body of the Borough of Neptune City, County of Monmouth, State of New Jersey duly considered participation in a Joint Purchasing System for the provision and performance of goods for Police Department Equipment for Training Purposes, including but not limited to Simunations Equipment.

WHEREAS, the following towns

NOW, THEREFORE BE IT RESOLVED as follows:

TITLE

This Resolution shall be known and may be cited as the Joint Purchasing Resolution of the Borough of Brielle
AUTHORITY

Pursuant to the provisions of N.J.S.A. 40A:11-10 the Mayor is hereby authorized to enter into a Joint Purchasing Agreement with the Lead Agency.

CONTRACTING UNIT

The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-I et seg.) and all other provisions of the revised statutes of the State of New Jersey.

EFFECTIVE DATE
April 28th, 2014

This resolution shall take effect immediately upon passage.

__________________________
Thomas B. Nicol, Mayor

__________________________
Thomas F. Nolan, Municipal Clerk

AGREEMENT FOR A JOINT PURCHASING SYSTEM


This Agreement made and entered into this 28th day of April, 2014 by and between the Borough of Neptune City and the Borough of Bradley Beach, the Borough of Avon by the Sea, the Borough of Belmar, the Borough of Lake Como, the Borough of Spring Lake and the Borough of Brielle to participate in a Joint Purchasing System.


WITNESSETH

WHEREAS, N.J.S.A. 40A:11-10, specifically authorize two or more contracting units to enter into a Joint Purchasing Agreement for the provision and performance of goods and services; and

WHEREAS, the Borough of Neptune City is conducting a voluntary Joint Purchasing System with other authorized contracting units utilizing the administrative purchasing services and facilities of the Borough of Neptune City; and

WHEREAS, this Joint Purchasing Agreement is to effect substantial economies in the provision and performance of goods and services; and

WHEREAS, all parties hereto have approved the within Agreement by Resolution; and in accordance with the aforesaid statute; and

WI-IEREAS, it is the desire of all parties to enter into such Agreement for said purposes;

NOW, THEREFORE, IN CONSIDERATION OF the promises and of the covenants, terms and conditions hereinafter set forth, it is mutually agreed as follows:
1. The goods or services to be priced jointly may include Equipment for the purpose of training purposes, including but not limited to Simunations, and such other items as two or more participating contracting units in the system agree can be purchased on a joint basis.
2. The items and classes of items which may be designated by the participating contracting units hereto shall be purchased jointly for the period commencing with the execution of this Agreement and continuing until terminated as hereinafter provided.

3. The Lead Agency, on behalf of all participating contracting units, shall upon approval of the System's registration and annually thereafter, on the anniversary of the systems registration and shall publish a legal ad in such format as required by N.J.A.C. 5:34-7. 9 (a) in its official newspaper normally used for such purposes by it to include such information as:

(A) The name of Lead Agency soliciting competitive bids or informal quotations.

(B) The address and telephone number of Lead Agency.

(C) The names of the participating contracting units.

(D) The State Identification Code assigned the Joint Purchasing System.

(E) The expiration date of the Joint Purchasing Agreement.

4. The specifications shall be prepared and approved by the Lead Agency, and no changes shall thereafter be made. Nothing herein shall be deemed to prevent changes in specifications for subsequent purchases.

6. The Lead Agency when advertising for bids or soliciting informal quotations shall receive bids or quotations on behalf of all participating contracting units.

7. Following the receipt of bids, the Lead Agency shall review said bids and on behalf of all participating contracting units, either reject all or certain of the bids or make one award to the lowest responsible bidder or bidders for each separate item.

8. The award shall result in only the Lead Agency entering into a formal written contract(s) directly with the successful bidder(s).

9. The Lead Agency on behalf of each participating contracting unit shall certify the funds available for all the needs ordered under a particular contract(s); issue all purchase orders in its own name directly to the successful vendor(s) against said contract; and be invoiced by and receive statements from the successful vendor(s).

10. The Lead Agency shall be responsible for payment for any items ordered, or for performance generally, by any other participating contracting unit. Each participating contracting unit, however, shall be required to accept its own deliveries.

11. No participating contracting unit in the Joint Purchasing System shall issue a purchase order or contract for a price which exceeds any other price available to it from any other such system in which it is authorized to participate or from bids or quotations which it has itself received.

12. The Lead Agency reserves the right to exclude from consideration any good or service if, in its opinion, the pooling of purchasing requirements or needs of the participating contracting units is either not beneficial or not workable.
13.
The Lead Agency shall appropriate sufficient funds to enable it to perform the administrative responsibilities assumed pursuant to this Agreement.

14. It is further agreed that upon notification by the Lead Agency that it is about to award a contract to a vendor on behalf of itself and participating agencies, each participating agency shall issue a purchase order and make payment in advance to the Lead Agency for its respective portion of the pending contract. The Lead Agency shall hold such advance payment in trust for the purpose for which it was made in accordance with N.J.A.C. 5:34¬7.14(d)6iii and shall promptly return any unneeded portion.

15. This Agreement shall become effective on October subject to the review and approval of the Director of the Division of Local Government Services and shall continue in effect for a period not to exceed five (5) years from said date unless any party to this Agreement shall give written notice of its intention to terminate its participation.

16. All records and documents maintained or utilized pursuant to terms of this Agreement shall be identified by the System Identifier assigned by the Director, Division of Local Government Services, and such other numbers as are assigned by the Lead Agency for purposes of identifying each contract and item awarded.

17. This Agreement shall be binding upon and enure to the benefit of the successors and assigns of the respective parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed by their authorized corporate officers and their respective seals to be hereto affixed the day and year above written.


FOR LEAD AGENCY:
By: __________________________
(Name and Title)

FOR THE PARTICIPATING UNIT:
By: ____________________________
Thomas B. Nicol, Mayor


By: ____________________________
Thomas F. Nolan, Municipal Clerk

 

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