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A Community by the River

Borough of Brielle, NJ


January 5, 2015

March 09 2015

January 5th, 2015

PAGE 7

MINUTES JANUARY 5th, 2015 WORK SESSION START: 5:51 PM

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

ABSENT: COUNCILMAN GORHAM

Mayor Nicol announced that any member of the public wishing to audio or video record a Council Meeting must give notice to the Borough Clerk prior to the meeting being recorded.

Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator, who had no formal report, but asked permission to add a resolution to the consent agenda to renew the appointments of Class II Special Officers Michael Ferguson & Felicia Pappalardo. Council gave their authorization.

There being no further comment, work session was adjourned at 5:52 p.m. on a motion by Councilman Shaak, seconded by Visceglia.


PAGE 8
MINUTES JANUARY 5th, 2015 START: 5:53 P.M.

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

ABSENT: COUNCILMAN GORHAM

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the December 22nd, 2014 meeting were approved on a motion by Councilman Gianforte seconded by Councilman Garruzzo; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 15-13 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. To authorize a professional service agreement with Stephen Mayer as C. M. F. O.
I. To renew current agreement with Brielle Library Association for the provisions of library services
J. (see insertion)
K. To reappointment Class II Special Officers Michael Ferguson and Felicia Pappalardo for calendar 2015

Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye, No nays. Passed

Councilman Visceglia, seconded by Councilman Shaak introduced Resolution 15-14 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 January 5th, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gianforte, Nolan, Shaak & Visceglia: all aye. No nays. Passed

Mayor Nicol announced that the time had arrived for the introduction and passage on first reading of “BOND ORDINANCE PROVIDING FOR VARIOUS WATER-SEWER UTILITY IMPROVEMENTS, AND APPROPRIATING $2,200,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $2,200,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF BRIELLE, IN THE COUNTY OF MONMOUTH”.
PAGE 9

Councilman Garruzzo seconded by Councilman Nolan moved resolution 15-15 for passage on introduction and first reading. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. No nays. Passed

Councilman Garruzzo seconded by Councilman Nolan, introduced resolution 15-16 to authorize publication in the Coast Star for a hearing to be held at 7:30 pm, on January 26th, 2015, at Borough Hall, in compliance with Local Bond Law. Vote: Councilmen Garruzzo, Gianforte, Nolan, Shaak & Visceglia; all aye. No nays. Passed

Mayor Nicol called for Committee Reports. Only Councilman Shaak had a report and he noted that the entire Borough had been coated with a brine solution, in anticipation of a snow event, at a cost of $48.00. Councilman Shaak also noted that Christmas Trees would be taken to Bradley Beach for dune replenishment at no cost to the Borough. Any remaining trees would be chipped and the chips would be available to the public.

The meeting was then adjourned at 6:06 pm on a motion by Councilman Shaak seconded by Councilman Nolan.




Approved: January 27th, 2015

________________________
Thomas F. Nolan
Municipal Clerk





Resolution No: 15-13-A
Date: January 5th, 2015

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Borough Attorney; and
WHEREAS, the Borough of Brielle has retained the services of the firm of Montenegro, Thompson, Montenegro & Genz, inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 5th day of January 2015, that;
1. Nicholas C. Montenegro of the firm of Montenegro, Thompson, Montenegro & Genz is hereby retain by the Borough of Brielle as the Municipal Attorney for the fiscal year 2015 to perform to the terms of the Agreement between the Municipal Attorney and the Borough of Brielle.
2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.
3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of the contract is determined to exceed the $17,500.00 threshold.
4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.
5. The contractor is required to file a Business Entity Disclosure Certificate with the Borough of Brielle and a Political Contribution Disclosure Form.
6. Funds for payment of this contract have been provided for in the 2015 Temporary Budget and shall be included in the 2015 Municipal Budget.
7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A.40A:11-5(l)(a)and(i) and N.J.S.A. 19:44A-20.5,

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 5th, 2015.

Witness my hand and seal of the Borough of Brielle this 6th day of January, 2015.




_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-13-B
Date: January 5th, 2015

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Municipal Engineer; and
WHEREAS, the Borough of Brielle has retained the services of Alan P. Hilla, Jr. of Leon S. Avakian, Inc. inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 5th day of January 2015, that;

1. Alan P. Hilla, Jr. & Leon S. Avakian, Inc. is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2015 to perform to the terms of the Agreement between the Municipal Engineer and the Borough of Brielle.
2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a)and(i) of the Local Public Contracts Law because same involves the retaining of professional services.
3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500 threshold.
4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A.19:44A-20.5.
5. The contractor is required to file a Business Entity Disclosure Certification with the Borough of Brielle.
6. Funds for the payment of this contract have been provided for in the 2015 Temporary Budget and shall be included in the 2015 Municipal Budget.
7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S.A. 40A:1 1-5(1)(a) and N.J.S.A.19:44-20.5.


CERTIFICATION
The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 5th, 2015.

Witness my hand and seal of the Borough of Brielle this 6th day of January 2015.




_______________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 15-13-C
Date: January 5th, 2015

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRLELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Auditor; and
WHEREAS, the Borough of Brielle has retained the services of Robert A. Hulsart inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 5th day of January 2015, that;

1. Robert A. Hulsart is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2015 to perform to the terms of the Agreement between the Auditor and the Borough of Brielle.
2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because same involves the retaining of professional services.
3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined to exceed the $17,500.00 threshold.
4. This contract is being awarded under the non-fair and open contract provisions of N.J.S.A. 19:44A-20.5.
5. The Contractor is required to file a Business Entity Disclosure Certification and a Political Contribution Disclosure Form with the Borough of Brielle.
6. Funds for payment of this contract have been provided for in the 2015 Temporary Budget and shall be included in the 2015 Municipal Budget.
7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N.J.S,A.40A:11-5(1)(a)and(j) and the provisions of N.J.S.A. 1 9:44A-20 .5.
Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 5th, 2015.

Witness my hand and seal of the Borough of Brielle this 6th day of January 2015.


________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-7-D
Date: January 5th, 2015

BOROUGH OF BRIELLE
MONMOUTH COUNTY
NEW JERSEY

Resolution authorizing the award of a contract for professional services in connection with the financing of capital improvements in accordance with the attached agreement (contract awarded without competitive bidding pursuant to the local public contracts law, N.J.S.A. 40a:11-1 et seq.), authorized by the Borough of Brielle, County of Monmouth, New Jersey.

WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds and other obligations and other matters relating to capital financing by the Borough of Brielle, County of Monmouth, New Jersey (herein the "Borough"); and

WHEREAS, such specialized legal services can be provided only by a recognized Bond Counsel firm, and the law firm of Dilworth Paxson, LLP, Neptune, New Jersey, are so recognized by the financial community; and

WHEREAS, the services to be performed are "professional services" as defined in the Local Public Contracts Law, N.J.S.A.40A:11-2(6), and therefore are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A.40A:115(l)(a)(i); and

WHEREAS, the Local Public Contracts Law, N.J.S.A.40A:11-5(1)(a)(i), requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; and

WHEREAS, funds are or will be available for this purpose.

NOW, THEREFORE, be it resolved By the Borough Counsel of the Borough of Brielle, in the County of Monmouth, New Jersey as follows:

1. That the Borough Counsel hereby appoints the firm of Dilworth Paxson, LLP, Attorneys at Law, Neptune, New Jersey, to serve as Bond Counsel to the Borough in connection with the financing of capital projects, and awards the contract which is annexed hereto and made a part hereof (the "Contract"), in accordance with N.J.S.A. 40A:11-1 et seq.

2. That the Mayor or other appropriate official of the Borough, on behalf of the Borough, is hereby authorized and directed to execute the Contract and the Clerk is hereby authorized and directed to attest to the execution of said Contract for professional services in connection with the preparation of all bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matters of capital and debt financing by the Borough.

3. That no appropriation of funds is required at this time, payment coming from the proceeds of the sale of bonds, bond anticipation notes and tax anticipation notes or similar obligations or from capital authorizations or other appropriate budgeted items in accordance with the attached Contract.

4. That this Contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contracts Law, N.J.S.A.40A:11-5(1)(a)(i), because legal services are a recognized profession licensed and regulated by law.

5. That a notice in accordance with this resolution and the Local Public Contracts Law shall be published in the official newspaper or newspapers of the Borough.

6. That an executed copy of the Contract and a copy of this resolution shall be filed in the Office of the Clerk and be available there for public inspection in accordance with law.

7. That this resolution shall take effect immediately.


Certification

I, Thomas Nolan, Clerk of the Borough of Brielle in the County of Monmouth, New Jersey do hereby certify that annexed hereto is a true and complete copy of a resolution adopted by the Borough Counsel of the Borough of Brielle at a duly convened meeting held on the 5th of January 2015. Said resolution has not been amended or repealed and remains in fall force and effect on this date.

In Witness Whereof, I hereunto set my hand and affix the corporate seal of said Borough as of this 6th day of January 2015.


BOROUGH OF BRIELLE
IN THE COUNTY OF
MONMOUTH, NEW JERSEY



____________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-13-E
Date: January 5th, 2015

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of a Labor Attorney; and
WHEREAS, the Borough of Brielle has retained the services of James W. Holzapfel and the firm of Citta, Holzapfel & Zabarsky, inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 5th day of January 2015, that;

1. James W. Holzapfel and the firm of Citta, Holzapfel & Zabarsky, is hereby retained by the Borough of Brielle as its Labor Attorney for calendar year 2015 to perform to the terms of the Agreement between the Labor Attorney and the Borough of Brielle.

2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:I I-5(I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.

3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.

4. This contract is not subject to the provisions of N.J.S.A. l 9:44A-20.5.

5. Funds for payment of this contract have been provided for in the 2015 Temporary Budget and shall be included in the 2015 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 5th, 2015.

Witness my hand and seal of the Borough of Brielle this 6th day of January 2015.


________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-13-F
Date: January 5th, 2015

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the service of a Municipal Prosecutor; and
WHEREAS, the Borough of Brielle has retained the services of the firm of Citta, Holzapfel & Zabarsky inasmuch as they are competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional

NOW, THEREFORE, be it resolved that as of this 5th day of January 2015, that;

1. The firm of Citta, Holzapfel & Zabarsky is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2015 to perform to the terms of the Agreement between the Municipal Prosecutor and the Borough of Brielle.
2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:I1-5(I)(a) of the Local Public Contracts Law because same involves the retaining of professional services.
3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.
4. This contract is not subject to the provisions of N.J.S.A. 19:44A-20.5
5. Funds for payment of this contract have been provided for in the 2015 Temporary Budget and shall be included in the 2015 Municipal Budget.
6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.

CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 5th, 2015.

Witness my hand and seal of the Borough of Brielle this 6th day of January 2015.

Thomas F. Nolan
Municipal Clerk

Resolution No: 15-13-G
Date: January 5th, 2015

RESOLUTION OF THE
GOVERNING BODY OF THE BOROUGH OF BRIELLE
AWARDING A PROFESSIONAL CONTRACT

WHEREAS, the above entity has been formed pursuant to the applicable New Jersey Statutes; and
WHEREAS, in order to fulfill its statutory duties it is necessary that the Borough of Brielle retain the services of an Public Defender; and
WHEREAS, the Borough of Brielle has retained the services of Timothy J. Wintrode, Esq. inasmuch as he is competent to fulfill the needs of the Borough of Brielle; and
WHEREAS, the Borough of Brielle wishes to establish the rate of compensation for and to be paid to said professional;

NOW, THEREFORE, be it resolved that as of this 5th day of January 2015, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2015 to perform to the terms of the Agreement between the Public Defender and the Borough of Brielle.
2. This Contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A: 11-5(1)(a)and(i) of the Local Public Contracts Law because same involves the retaining of professional services.
3. The Chief Administrative Officer has made a determination that, in accordance with the provisions of the non-fair and open process the value of this contract is determined not to exceed the $17,500.00 threshold.
4. This contract is not subject to the provisions of N.J.S.A.19:44a-20.5.
5. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.
6. Funds for payment of this contract have been provided for in the 2015 Temporary Budget and shall be included in the 2015 Municipal Budget.
7. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star in compliance with the provisions of N,J.S.A.40A11:-5(I)(a)and(i) and N.J.S.A. 19:44A-20.5,

Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 5th, 2015.

Witness my hand and seal of the Borough of Brielle this 6th day of January, 2015.

________________________
Thomas F. Nolan
Municipal Clerk
Resolution No.: 15-13-K
Date: January 5th, 2015

A Resolution of the Borough Council of the Borough of Brielle Adopting Temporary Capital
Budget.


WHEREAS, the Borough of Brielle desires to constitute the 2015 Temporary Capital budget of said municipality by inserting therein:

Project #1- Water Main Reconstruction

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of The Borough of Brielle as follows:

Section 1. The 2015 Temporary Capital Budget of The Borough of Brielle is hereby constituted by the adoption of a schedule to read as follows:

Temporary Capital Budget of the Borough of Brielle Project Schedule for 2015

Method of Financing
Project Est. Cost Capital Improvement Bonds and Notes Fund
#1 $ 2,200,000.00 $ 0 $2,200,000.00
Section 2. The Clerk is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services, after the adoption of this 2015 Temporary Capital Budget, and to include this project in the 2015 Permanent Capital Budget as adopted.

I, Thomas Nolan, Clerk
of the Borough of Brielle, do hereby certify that the foregoing is a true copy of a
resolution adopted by the Borough Council of the Borough of Brielle at a
regular meeting held on January 5th, 2015.

 

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