www.briellenj.com
A Community by the River

Borough of Brielle, NJ


June 22, 2015

September 07 2015

June 22, 2015

PAGE 49

MINUTES June 22nd, 2015 WORK SESSION START: 7:30 PM

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

ABSENT: COUNCILMAN GIANFORTE

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 advised Council that he had nothing to report.

There being no further comment, work session was adjourned at 7:33 p.m. on a motion by Councilman Visceglia seconded by Councilman Shaak.


PAGE 50

MINUTES June 22nd, 2015 START: 7:34 P.M.

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

ABSENT: COUNCILMAN GIANFORTE

Following the announcement on recording devices, a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 8th, 2015 meetings were approved on a motion by Councilman Gorham seconded by Councilman Shaak; all aye; no nays. Passed

Councilman Shaak seconded by Councilman Visceglia, introduced Resolution 15-65 for Passage of the Consent Agenda. Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye, No nays. Passed

Resolution:
A. (see insertion)
B. (see insertion)
C. (see insertion)
D. (see insertion)
E. (see insertion)
F. (see insertion)
G. To appoint Meghan McMenamy as a summer intern in the finance office.
H. To authorize the Mayor to execute the raw water purchase agreement with NJSWSA.
I. (see insertion)
J. (see insertion)
K. To voice no objection to the renewal by the A.B.C. of liquor license #1308-33-012-013, Brielle Union Partners, LLC.
L. (see insertion)
M. (see insertion)

Vote: Councilmen Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye, No nays. Passed Councilman Garruzzo abstained from resolution E, F, I, J, and K.

Councilman Visceglia, seconded by Councilman Gorham introduced Resolution 15-66 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 June 22nd, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gorham, Nolan, Shaak and Visceglia: all aye. No nays. Passed

The Mayor announced that the time had arrived for a hearing and further consideration of “AN ORDINANCE TO AMEND CHAPTER THIRTEEN, SECTION THIRTEEN, OF THE CODE OF THE BOROUGH OF BRIELLE”.

The hearing was opened on a motion by Councilman Shaak, seconded by Councilman Garruzzo.
PAGE 51

The Administrator explained that the ordinance formalized the application and insurance requirements for block parties and expanded the ability of commercial establishments to conduct special events to draw attention to their business.

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

Councilman Nolan seconded by Councilman Garruzzo, introduced Resolution 15-67 for passage on final reading of the foregoing ordinance. Vote: Councilman Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Councilman Gorham seconded by Councilman Shaak, introduced Resolution 15-68 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Councilman Garruzzo, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Councilman Nolan.

Councilman Nolan cited the Library’s “I read/I win” contest, the summer reading program, and the June 23rd Magic For Kids program. Councilman Nolan also noted that author Dorothea Benton Frasil would be discussing her book “All The Single Ladies” on July 1st. Summer Chess for Kids would begin on July 13th.

Councilman Nolan also noted that the Board of Recreation’s Flag Football sign-ups would be held July 3rd and on July 30th the Board will sponsor a bus trip to the Mets vs. Padres game.

Councilman Garruzzo advised the public that Chief Palmer had advised him of a number of noise complaints regarding the Waypoint 622. That matter was being pursued by the Police Department.

Councilmen Shaak, Gorham & Visceglia had no report.

Mayor Nicol then opened the meeting to the public and recognized Thomas Stuhrmann, Ocean Avenue, who presented Council with a petition, signed by twenty-five area residents, and a series of photographs and bullet points that hi-lighted an emergent noise problem in the vicinity of Green & Union Avenues. The noise was emanating from the Waypoint 622, a business that officially opened on Memorial Day weekend and that featured live amplified music on a deck to the rear of the restaurant area.

Despite the municipal ordinance that required music/noise to terminate at 10:00 pm, the Waypoint had continued playing music until 11:00 pm. There was the issue of the “bass”. Mr. Stuhrmann explained that, although the municipal ordinance had a limit of 65dBA, which was high, and therefore, prior to 10:00 pm, there did not appear to be a violation. Unfortunately, unlike some other ordinance and the new state code, the Borough’s ordinance did not consider dB levels that addressed the impact of low frequency noise such as bass.

Mr. Stuhrmann home was approximately 650 feet from the deck and there was a clear, unobstructed pathway, for the noise from the deck to travel beyond the Waypoint’s property line to create a disturbance to neighbors.
PAGE 52

Mr. Stuhrmann noted that the police department had been pro-active and the noise had been terminated at 10:00 pm. However, noise violations, prior to 10:00 pm required proof via decibel readings, and the police did not possess a calibrated noise meter nor a certified operator. Chief Palmer was investigating obtaining the services of an operator from the Monmouth County Board of Health, but meantime the noise continued.

Mr. Stuhrmann gave the example of Sunday June 21st, when the noise drove him from his home around 7:00 pm and was still going at 9:30 pm when he returned. He added that in some communities, such as Point Pleasant Beach, the noise ordinance did not have a specific decibel table, but used the term “nuisance”.

Mayor Nicol interjected that the Council was aware of the problem and were addressing it through the Police Department. The 10:00 pm closing would be strictly enforced.

Attorney Montenegro added that the Borough did have a nuisance ordinance, but implementation required the impacted party to formally sign a complaint.

Mr. Stuhrmann stated that he had already done so, but that many of his neighbors worked during the day and the procedure would be onerous for them.

Jenine Leonhardt, 407 Leslie Avenue, explained that her husband had to rise at 1:00 am for work and slept during the day, although this was not the Council’s problem, the fact remained that the noise levels were unacceptable in any event. A recent “Waypoint 622” Facebook posting indicated live entertainment for June 23rd through June 30th.

Ms. Leonhardt also voiced a concern over the enforcement provisions of the ordinance and how effective they were. Attorney Montenegro explained that the penalty for a violation was established by the general penalty provision of the ordinance and could be as high as a $2,000.00 dollar fine, ninety days in jail, or both.

Janet Hendricks, 615 Leslie Avenue, asked Council to have the street sweeper make an appearance in the Green Avenue area as there was an abundance of debris.

James Aloi, 108 Ocean Avenue, cited other establishments such as LT’s, Sand Bar, JP’s River House, where noise regulations had been strictly enforced. He volunteered that the owner of the Waypoint saw himself as the “sheriff” and the Council needed to reassert the fact that they were the “sheriff”.

Jane Sigler, 619 Homestead Road, thanked Council for getting involved in this issue, and she implored them to address it quickly as the noise levels were onerous and the sound penetrated into her home despite air conditioning, closed windows. Her husband was recuperating from a recent illness and was an early riser, as was she, this meant that they retired early and the noise was having a severe impact on their quality of life.

The meeting was then adjourned at 8:10 pm on a motion by Councilman Shaak seconded by Councilman Garruzzo.
PAGE 53


Approved: July 13th, 2015

_____________________
Thomas F. Nolan
Municipal Clerk

Resolution No.:15-65-A
Date: June 22nd, 2015


BOROUGH OF BRIELLE RESOLUTION
Whereas, there exists two outstanding refund checks dated September 13th, 2012 for the amount of $1.00 and October 7th, 2014 for the amount of $5.00, and

Whereas, the checks are over six months old

Now therefore be it resolved, The Mayor and Council authorize the release of refund checks in the aggregate amount of $6.00 from the Municipal Court account.



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 June 22nd, 2015.

Witness my Hand and Seal of the Borough of Brielle this 23rd day of June 2015.


______________________
Thomas F. Nolan
Municipal Clerk



Resolution No: 15-65-B Date: June 22nd, 2015



Resolution of the Borough of Brielle



Whereas: on June 9th, 2014 Holiday Express, 968 Shrewsbury Ave. Tinton Falls, NJ 07724 submitted Raffle Application No. 2015-7 ID, No. 343-4-36537 for an 50/50 raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle NJ 08730 on Monday, July 20th, 2015 at 9:00pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on June 22nd, 2015.

Witness my Hand and Seal of the Borough of Brielle this 23rd day of June 2015.


Thomas F. Nolan
Municipal Clerk


Resolution No: 15-65-C Date: June 22nd, 2015



Resolution of the Borough of Brielle





BOROUGH OF BRIELLE CERTIFICATION OF REQUEST FOR EMERGENCY PURCHASES TO BE FILED WITH THE BOROUGH ADMINISTRATOR 86 CERTIFIED PURCHASING AGENT


The undersigned Department Head certifies as follows:

1. An emergency condition existed in the Water Utility on February 12th & 28th.
2. This condition constitutes an emergency affecting the immediate health, safety or welfare of the public.
3. The nature of the condition is as follows:
A fire hydrant was found to be leaking at 312 Leslie Avenue. A water main break was discovered in front of 80 Brandywyne East. The condition disrupted service to a large part of the apartment complex and the residents. The matter had to be addressed immediately.
4. The first emergency occurred on February 12th, 2015 @ approximately 7:00 am. The second was uncovered at 6:00 am on February 28th
5. It is necessary to invoke N.J.S.A. 40a:11-6 in order to obtain the immediate delivery of the materials, supplies or performance of the service described in the attached requisition (see attached). The estimated cost of furnishing the materials, supplies or services is $6,831.45 for Emergency #1 and $7,228.45 for #2.
6. It is requested that a Purchase Order be issued without public advertisement for bids, pursuant to the above cited statute.
7. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.


Resolution No: 15-65-D Date: June 22nd, 2015



Resolution of the Borough of Brielle
BOROUGH OF BRIELLE CERTIFICATION OF REQUEST FOR EMERGENCY PURCHASES TO BE FILED WITH THE BOROUGH ADMINISTRATOR & CERTIFIED PURCHASING AGENT


The undersigned Department Head certifies as follows:

1. An emergency condition existed in the Water Utility.
2. This condition constitutes an emergency affecting the immediate health, safety or welfare of the public.
3. The nature of the condition is as follows:

On the morning of April 27th the Water Utility was advised of a drain collapse on Teaberry Lane in the vicinity of house number 924. As this work was going on a new complaint was received of a lack of water pressure at 611 Agnes Avenue; it was discovered that the service corporation was not functioning and proved to be deteriorated and clogged by rust. The final item, 398 Leslie Avenue was not a true emergency, but the problem was uncovered on the 27th while the contractor was mobilized in the Borough; it appeared to be prudent to have him undertake the work at a price that, based on similar jobs performed, was reasonable.

4. The emergency occurred on April 27th, 2015 approximately 6:00 am.
5. It is necessary to invoke N.J.S.A. 40a:11-6 in order to obtain the immediate delivery of the materials, supplies or performance of the service described in the attached requisition (see attached). The estimated cost of furnishing the materials, supplies or services is #1. 55,082.10. #2 $3,241.40. #3 1,186.70.
6. It is requested that Purchase Order be issued without public advertisement for bids pursuant to the above cited statute.
7. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment


Resolution 15-65-E
Date: June 22nd 2015

Borough of Brielle Resolution


Whereas, application has been made for the renewal of liquor license #1308-33-011-009, and

Whereas, the application is complete, the $2,225.00 fee due to 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 other municipal requirements have been meet, and

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

Now therefore be it resolved that the application of Town House, LLC, for premises located at 110 Union Avenue (Route #71), Brielle, New Jersey, is hereby approved and the municipal clerk is hereby authorized to issue said license for the license period July 1st, 2015 through June 30th, 2016.


CERTIFICATION

The foregoing is a true copy of a resolution adopted at a meeting of the Brielle Mayor & Council held on Monday, June 22nd, 2015.

Witness my hand and seal of the Borough of Brielle this 23rd day of June, 2015.




_______________________
Thomas F. Nolan
Municipal Clerk





Resolution No.:15-65-F
Date: June 22nd, 2015

Borough of Brielle Resolution



Whereas, an application has been filed for a Place-To-Place Transfer of Plenary Retail Consumption License #1308-33-011-009 issued to, Towne House, LLC T/A Rella’s for premises located at 110 Union Avenue, Brielle, New Jersey, and

Whereas, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current License term, July 1st, 2015 through June 30th, 2016 and

Whereas, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as the pertinent local ordinances and conditions consistent with Title 33, and

Now Therefore Be It Resolved, that the Governing Body of the Borough of Brielle does hereby approve, effective June 22nd, 2015, the place to place transfer of the aforesaid license to include the area adjacent to the main building as indicated on the amended site plan, approved by the Brielle Planning Board on June 9th, 2015 and hereby incorporated into the text of this resolution.




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 June 22nd, 2015.

Witness my Hand and Seal of the Borough of Brielle this 23rd day of June 2015.

______________________
Thomas F. Nolan
Municipal Clerk




Resolution No.:15-65-I
Date: June 22nd, 2015
Whereas, application has been made for the renewal of liquor license #1308-33-005-004, 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, The Governing Body has been made aware of noise concerns at this location and the holders of the license have agreed to the imposition of conditions to address these concerns.

Now therefore be it resolved, that the following conditions are hereby imposed on license #1308-33-005-004, Ship Wreck, LLC T/A Ship Wreck Grill:

1. All doors & windows shall be kept closed whenever any live music is played
2. Regarding the use of the deck area, all conditions imposed by the Brielle Planning Board regarding the limitation of service on the deck, as stated in their resolution(8/9/95) and further memorialized in the municipal resolution 96-46-E which authorized a place-to-place transfer to permit utilization of the deck, shall be incorporated into this resolution as addendum #1
3. In the event there is any modification of the conditions imposed by the Planning Board the Municipal resolution shall mirror these conditions but it shall be the applicant’s responsibility to advise the Governing Body of any such change to ensure that the exact language is incorporated into addendum # 1.

Now therefore be it resolved, that application of Ship Wreck, LLC T/A Ship Wreck Grill for premises located at 720 Ashley Avenue Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue the license for the license year July 1st, 2015 through June 30th, 2016.

CERTIFICATION


The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on June 22nd, 2015.

Witness my hand and seal of the Borough of Brielle this 23rd day of January 2015.


_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 15-65-J Date: June 22nd, 2015





Resolution of the Borough of Brielle

Whereas, application has been made for the renewal of liquor license #1308-33-010-008, 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 RPVR, Inc. T/A Due Amici for premises located at 420 Higgins Avenue, Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue the license for the license year July 1st, 2015 through June 30th, 2016.

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 June 22nd, 2015.

Witness my Hand and Seal of the Borough of Brielle this 23rd day of June 2015.

_____________________
Thomas F. Nolan
Municipal Clerk



Resolution No.:15-65-L
Date: June 22nd, 2015

Resolution of the Borough of Brielle, in the County of Monmouth, New Jersey, determining the form and other details of its "note relating to the interim financing trust loan program of the new jersey environmental infrastructure trust", to be issued in the principal amount of up to $2,689,296, and providing for the issuance and sale of such note to the New Jersey Environmental Infrastructure Trust, and authorizing the execution and delivery of such note by the Borough of Brielle in favor of the New Jersey Environmental Infrastructure Trust, all pursuant to the New Jersey Environmental Infrastructure Trust interim financing trust loan 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 a project consisting of the Union Lake Water Main Replacement and the Water Storage Tank Demolition (the "Project"), and it is the desire of the Local Unit to obtain financing for such Project through participation in the financing program (the "Environmental Infrastructure Financing Program") of the New Jersey Environmental Infrastructure Trust (the "Trust");

WHEREAS, the Local Unit has determined to temporarily finance the acquisition, construction, renovation or installation of the Project prior to the closing with respect to the State Fiscal Year 2016 Environmental Infrastructure Financing Program, and to undertake such temporary financing with the proceeds of an interim loan to be made by the Trust (the "Interim Loan") to the Local Unit, pursuant to the Interim Financing Trust Loan Program of the Trust (the "Interim Financing Program");

WHEREAS, in order to (i) evidence and secure the repayment obligation of the Local Unit to the Trust with respect to the Interim Loan and (ii) satisfy the requirements of the Interim Financing Program, it is the desire of the Local Unit to issue and sell to the Trust the "Note Relating to the Interim Financing Trust Loan Program of the New Jersey Environmental Infrastructure Trust" in an aggregate principal amount of up to $2,689,296 (the "Note");

WHEREAS, it is the desire of the Local Unit to authorize, execute, attest and deliver the Note to the Trust 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"), and other applicable law; and

WHEREAS, Section 28 of the Local Bond Law allows for the sale of the Note to the Trust, without any public offering, and N.J.S.A. 58:11B-9 allows for the sale of the Note to the Trust without any public offering, all under the terms and conditions set forth herein.

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

Section 1. In accordance with Section 28 of the Local Bond Law and N.J.S.A. 58:11B-9, the Local Unit hereby authorizes the issuance, sale and award the Note in accordance with the provisions hereof The obligation represented by the Note has been appropriated and authorized by 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 10, 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, and bond ordinance #1040 of the Local Unit, which bond ordinance is entitled "BOND ORDINANCE PROVIDING FOR VARIOUS WATER-SEWER UTILITY IMPROVEMENTS, AND APPROPRIATING $2,200,000 THEREFOR 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, NEW JERSEY" and was finally adopted by the Local Unit at a meeting duly called and held on January 26, 2015, 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 hereof, (i) the final principal amount of the Note (subject to the maximum limitation set forth in Section 4(a) hereof), and (ii) the dated date of the Note.

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 Note by the parties authorized pursuant to Section 4(h) hereof.

Section 4. The Local Unit hereby determines that certain terms of the Note shall be
as follows:

(a) the principal amount of the Note to be issued shall be an amount up to $2,689,296;
(b) the maturity of the Note shall be no later than June 30, 2016;
(c) the interest rate of the Note to be determined by the Trust;
(d) the purchase price for the Note shall be par;
(e) the Note shall be subject to prepayment prior to its stated maturity in accordance with the terms and conditions of the Note;
(t) the Note shall be issued in a single denomination and shall be numbered "IFP-16
1”;
(g) the Note shall be issued in fully registered form and shall be payable to the registered owner thereof as to both principal and interest in lawful money of the United States of America; and
(h) the Note 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 Note shall be substantially in the form attached hereto as Exhibit A.

Section 6. The law firm of Dilworth Paxson LLP is hereby authorized to arrange for the printing of the Note, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust for the Interim Financing Program, to arrange for same.

Section 7. 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 Secretary of the Local Unit, as applicable, in their respective sole discretion, after consultation with counsel and any advisors to the Local Unit and after further consultation with the Trust and its representatives, agents, counsel and advisors, to be executed in connection the issuance and sale of the Note and the participation of the Local Unit in the Interim Financing Program, 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 of the Note and the participation of the Local Unit in the Interim Financing Program.

Section 8. This resolution shall take effect immediately.

Section 9. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to Meghan Bennett Clark, Esq., bond counsel to the Local Unit, David Zimmer, Executive Director of the Trust, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.




CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on June 22nd, 2015.

Witness my hand and seal of the Borough of Brielle this 23rd day of January 2015.

_______________________
Thomas F. Nolan
Municipal Clerk


Resolution No.: 15-61-M
Date: June 8th, 2015
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 $2,689,296.
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 fiends", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations §1.148-I), 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.






CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on June 22nd, 2015.

Witness my hand and seal of the Borough of Brielle this 23rd day of January 2015.

_______________________
Thomas F. Nolan
Municipal Clerk


EXHIBIT A
DESCRIPTION OF THE PROJECT
The proposed project consists of (1) the construction of the Union Lane Water Tank, an elevated steel water storage tank in the "fluted column" configuration, with a reservoir capacity of 300,000 gallons and an overall structural height of approximately 200 feet; and the replacement of the Union Lane Water Main, which includes the replacement of approximately 4,000 linear feet of 12" Cl. 52 ductile iron pipe (DIP), 150 linear feet of 10" Cl. 52 DIP, 245 linear feet of 8" Cl. 52 DIP, 375 linear feet of 6" Cl. 52 DIP and 100 linear feet of 4" Cl. 52 DIP, the abandoning the existing water main and extending the new water main, and the replacement of approximately 70 water services along Union Lane between Old Bridge Road and Wainwright Place; and (2) the demolition of the existing Union Lane Water Storage Tank located at the Depart

 

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