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A Community by the River

Borough of Brielle, NJ


May 12, 2014

July 11 2014

May 12th, 2014

PAGE 37

MINUTES May 12th, 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 asked authorization to add two “house-keeping” resolutions to the consent agenda. “D” authorized participation in the Homeland Security Grant Program Agreement for the purchase of automated license plate readers and “E” confirmed the sale of $3,506,750.00 to the New Jersey Environmental Infrastructure Trust.

There being no further comment, work session was adjourned at 7:35 p.m. on a motion by Councilman Shaak, seconded by Councilman Visceglia.




PAGE 38

MINUTES May 12th, 2014 START: 7:36 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 28th, 2014 Regular meeting were approved on a motion by Councilman Gianforte seconded by Councilman Visceglia; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 14-56 for Passage of the Consent Agenda.

Resolution:
A. (see insertion)
B. (see insertion)
C. To authorize VFW Post #1838 to conduct their annual Poppy Drive within the Borough of Brielle during the month of May 2014
D. (see insertion)
E. (see insertion)

Vote: Councilmen Garruzzo, Gianforte, Gorham Nolan, Shaak and Visceglia; all aye, No nays.
Passed Note: Councilmen Garruzzo and Visceglia abstained on “A” & “B”

Councilman Visceglia seconded by Councilman Gorham introduced Resolution 14-57 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 May 12th, 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 hearing and further consideration on “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”.

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

The Administrator advised that the ordinance would permit the Borough to implement the capital portion of the 2014 municipal budget.
PAGE 39

The hearing was closed on a motion by Councilman Shaak, seconded by Councilman Visceglia.

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 14-58 for passage on final reading of the foregoing ordinance. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye No nays. Passed

Councilman Visceglia, seconded by Councilman Nolan, introduced Resolution 14-59 to authorize publication of passage and adoption in the Coast Star 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 a hearing and further consideration 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”.

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

The Administrator explained that the ordinance increased Planning Board fees to ensure that the applicant, and not the Borough, bore the full cost of the application procedure.

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

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 14-60 for passage on final reading of the foregoing ordinance. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye No nays. Passed

Councilman Gorham seconded by Councilman Nolan, introduced Resolution 14-61 to authorize publication of passage and adoption in the Coast Star 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 a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER FOUR OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “GENERAL LICENSING”.

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

The Administrator explained that the ordinance permitted residents to register on a “No Knock” list that would advise canvassers that their property was off-limits to any solicitations.

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

Councilman Gorham seconded by Councilman Nolan introduced Resolution 14-62 for passage on PAGE 40

final reading of the foregoing ordinance. Vote: Councilmen Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye No nays. Passed

Councilman Gianforte seconded by Councilman Nolan introduced Resolution 14-63 to authorize publication of passage and adoption in the Coast Star 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 a hearing and further consideration of ”AN ORDINANCE TO AMEND CHAPTER SEVEN (SECTION 7-12) OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “PARKING LIMITED ON CERTAIN STREETS”.

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

The Administrator explained that the recent improvements to Donnelly Beach as a water access point has increased traffic and created a parking problem for the residents of Crescent Drive. This ordinance is intended to provide some relief overnight during the period 10:00 pm to 7:00 am.

Councilman Shaak voiced a concern over the impact to the residents of Crescent Drive, many of whom parked on the street. He asked if residents had been consulted.

The Administrator offered that the genesis of the ordinance had been local concern over increased traffic due to the Donnelly Beach water access point.

Councilman Gianforte also had a concern over the impact on residents, but added that the existing parking on both sides narrowed the travel lane to the point where emergency equipment might have difficulty in responding to a call.

Jodi Brehn, 19 Crescent Drive, who stated that she often parked on the street, was also concerned over the new restrictions.

John Devereux, Borrie Avenue, was concerned that the ordinance would cause the residents of other side streets in the area where parking was an issue to seek the same restrictions and severely limit the ability to park in the area.

The hearing was carried to June 23rd, 2014 @ 7:30 pm on a motion by Councilman Gianforte seconded by Councilman Nolan, and the matter was referred to an “ad hoc” committee of Councilmen Garruzzo, Gianforte & Nolan for further review and recommendation.

Mayor Nicol then advised that the Borough had received a grant from NJDOT in the amount of $210,000.00, to complete Phase II of the Holly Hill Drive Road Improvement project.

Mayor Nicol then called for committee reports. Councilmen Garruzzo, Visceglia & Gorham had no reports. Councilman Gianforte thanked his colleagues for their support in passing the ordinances on Land Use Fees and General Licensing.
PAGE 41

Councilman Shaak advised the public that the Borough Recycling Yard would be closed on Memorial Day. The recycling of rigid plastic was making slow but sure progress; clean-up appears to have been a success as was the shared pothole repair initiative. A second round was scheduled for May 27th. Mulch was still available to residents.

Councilman Shaak also reminded the public that the First Aid Squad annual Blood Drive would be held on Tuesday May 13th from 4:00 to 8:00 pm.

Councilman Nolan cited the annual North/South competition on May 31st from 8:00 am to 4:00 pm. This year the goal was to raise $10,000 to benefit Mark Reed a victim of Non Random Birth Defect. He also cited the Library’s “Is It Sauce or Gravy?” event featured Joe Leone and the fact the Library Trustees were repainting the exterior of the Library Building.

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





Approved: May 26th, 2014



______________________________
Thomas F. Nolan
Municipal Clerk




Resolution No.:14-56-A
Date: May 12th, 2014


BOROUGH OF BRIELLE RESOLUTION


Whereas, application has been made for the renewal of liquor license #1308-31-013-001, and

Whereas, the application is complete, the $50.00 fee due the Borough of Brielle has been waived, the $200.00 fee due to the State of New Jersey, Division Of Alcoholic Beverage Control received, and all municipal requirements have been met, and

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

Now therefore be it resolved, that the application of Brielle Fire Company Inc. t/a Brielle Fire Company for premises located at 509 Longstreet & Cardeza Avenues, Brielle, N.J., is hereby approved and the municipal clerk is authorized to issue the license for the license year July 1st, 2014 through June 30th, 2015.

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 May 12th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 13th day of May 2014.




_____________________
Thomas F. Nolan
Municipal Clerk





Resolution No.: 14-56-B
Date: May 12th, 2014




BOROUGH OF BRIELLE RESOLUTION
Whereas, application has been made for the renewal of liquor license #1308-31-008-001, and

Whereas, the application is complete, the $2,225.00 fee due the Borough of Brielle and the $200.00 fee due to the State of New Jersey, Division Of Alcoholic Beverage Control have been received, and all municipal requirements have been met, and

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

Now therefore be it resolved, that the application of Manasquan River Golf Club for premises located at 847 Riverview Drive (PO box 505), Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue the license for the license year July 1st, 2014 through June 30th, 2015.




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 May 12th, 2014.

Witness my Hand and Seal of the Borough of Brielle this 13th day of May 2014.

_____________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 14-56-D
Date: May 12th, 2014


RESOLUTION AUTHORIZING PARTICIPATION IN A HOMELAND SECURITY
GRANT PROGRAM (HSGP) AGREEMENT WITH THE COUNTY OF MONMOUTH
FOR THE PURCHASE OF AUTOMATED LICENSE PLATE READER SYSTEMS


WHEREAS, the County of Monmouth, through the Homeland Security Grant Program, has awarded the Borough of Brielle funds to purchase, on a reimbursement basis, an automated license plate reader system for use in the Borough; and,


WHEREAS the total cost of the automated license plate reader system (dual camera truck mount ALPR, ELSAG State Contract) is $18,150.00 and source of finds for the purchase, certified as available by the Chief Financial Officer, are specified as follows:

Reimbursement after purchase through Monmouth County HSGP: $13,900.00
Cost-share from Reserve for DWI Funds (Borough share) 4,250.00


NOW, THEREFORE, BE IT RESOLVED the Borough Council of the Borough of Brielle, does hereby authorize the Mayor and Municipal Clerk to execute the necessary grant agreement and all other documents for this HSGP grant for the purpose specified above.

BE IT FUTHER RESOLVED that a copy of this resolution shall be supplied to the Monmouth County Sheriff’s Office for this information and action.



CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council, at a meeting held on May 12th, 2014.

Witness my hand and seal of the Borough of Brielle this 13th day of May, 2014.




__________________
Thomas F. Nolan
Clerk/Administrator


Resolution No.: 14-56-E
Date: May 12th, 2014

RESOLUTION CONFIRMING THE DETAILS OF THE SALE OF GENERAL OBLIGATION BONDS, SERIES 2014, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,506,750 OF THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH, NEW JERSEY, TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST PURSUANT TO THE 2014 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 SFY 2014 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 $860,000 (the "Trust Loan Bond") and General Obligation Bonds, Series 2014B, to the State in an aggregate principal amount not to exceed $2,646,750 (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, the Loan Agreements and the Escrow Agreement dated April 10, 2014 (the "Escrow Agreement") by and among the Trust, the State, the Local Unit and the escrow agent named therein;

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. 58:11B-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; and

WHEREAS, in accordance with the terms of the Escrow Agreement, the Trust has sold its bonds to fund the Trust Loan, thereby enabling the Local Unit to confirm the exact aggregate principal amount of and debt service schedule for the Local Unit Bonds.

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

Section 1. The sale of the Trust Loan Bond to the Trust and the Fund Loan Bond to the State is hereby confirmed. The Trust Loan Bond shall be released from escrow in accordance with the terms of the Escrow Agreement and thereby issued in accordance with the principal loan amount, interest rates and maturity schedule set forth in Schedule A attached hereto and made a part hereof. The Fund Loan Bond shall be released from escrow in accordance with the terms of the Escrow Agreement and thereby issued in accordance with the maturity schedule set forth in Schedule B attached hereto and made a part hereof.

Section 2. This resolution shall take effect immediately.

Section 3. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to Dilworth Paxson LLP, bond counsel to the Local Unit, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.




CERTIFICATE





I, Thomas F. Nolan, 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 12th day of May, 2014.

I DO HEREBY CERTIFY that said Borough Council consists of 6 members and that 6 members thereof were present at said meeting and that 6 members voted affirmatively for the adoption of said resolution.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Borough this 13th day of May, 2014.



______________________________
Thomas F. Nolan, Municipal Clerk
(SEAL)




SCHEDULE A


TRUST LOAN


SCHEDULE B


FUND LOAN




 

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