www.briellenj.com
A Community by the River

Borough of Brielle, NJ


July 11, 2016

August 24 2016

July 11th, 2016

Page 54

MINUTES July 11th, 2016 WORK SESSION START: 7:30 PM

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

ABSENT: COUNCILMEN GORHAM and SHAAK

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 advised Council that he had nothing to report, but he asked permission to add two resolutions to the consent agenda.

“D” would authorize renewal of the Borough’s membership in the MMJIF and “E” would authorize the Administrator to add and remove Assistant Prosecutors from the list of approved municipal prosecutors as submitted by the firm of Citta, Holzapfel & Zabarsky. Council gave their ascent.

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






Page 55

MINUTES July 11th, 2016 START: 7:33 P.M.

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

ABSENT: COUNCILMEN GORHAM and SHAAK

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 27th Regular Meeting were approved on a motion by Councilman Visceglia seconded by Councilman Garruzzo; all aye; no nays. Passed

Councilman Garruzzo seconded by Councilman Nolan introduced Resolution 16-59 for Passage of the Consent Agenda.

Resolution:
A. (See insertion)
B. (See insertion)
C. (See insertion)
D. (See insertion)
E. (See insertion)

Vote: Council Members Garruzzo, Gianforte, Nolan & Visceglia; all aye, No nays. Passed.

Councilman Visceglia seconded by Councilman Garruzzo introduced Resolution 16-60 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 July 11th, 2016, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Councilmen Garruzzo, Gianforte, Nolan & Visceglia: all aye. No nays. Passed

The Mayor then announced that the time had arrived to reconvene 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 Visceglia.

The Administrator reiterated that the ordinance would bring Planning Board application fees into line with those charged in neighboring municipalities and ensure that the appropriate cost of application review was differed to the applicant.

Page 56

However, an error or rather a typo had been uncovered in the text of the ordinance and by way of clarification, he was requesting that the ordinance be readopted, since the typo was minor the ordinance did not require republication.

The typo was subsection 20-6.7(a) should be 20-6.7(e).

The hearing was closed on a motion by Councilman Gianforte seconded by Councilman Visceglia

Councilman Garruzzo, seconded by Councilman Nolan introduced Resolution 16-61 for re-passage on final reading of the foregoing Ordinance. Vote: Councilmen Garruzzo, Gianforte, Nolan & Visceglia; all aye. No nays. Passed (Note: change was deemed to be minor and did not necessitate republication of ordinance or adoption).

The Mayor then called for committee reports and recognized Councilman Visceglia who had no report.

Councilman Garruzzo advised the public that on Tuesday, August 2nd, from 5:00pm to 8:00pm, the Brielle Police Department, in conjunction with the Recreation Commission, would conduct the annual “National Night Out”. The goal of the event was to continue the Police-Community Partnership by affording the public an opportunity to meet and greet their police officers while enjoying a night of fun filled activity ranging from a dunk tank and mini golf to Hoffman’s Ice Cream and the traditional burgers and hot dogs. He also noted that residents could take advantage of the presence of a “shredder” to depose of confidential personal documents.

In light of recent events, it was more important than ever before, to ensure a positive relationship between the community and those sworn to defend their lives and property.

Councilman Nolan noted the Library’s hosting of Nature Nick on July 19th and the Harry Potter and the Cursed Child Midnight Release Party on July 30th.

Councilman Nolan also cited the Board of Recreation’s five year plan that would improve the tennis courts at Brielle Park among other projects.

In closing, Councilman Nolan advised that, on August 17th, the Board would sponsor a salute to former Councilwoman Ann D. Scott as the longest serving Girl Scout in New Jersey. The event would take place at noon at the Library.

Councilman Gianforte having no reports, and there being no public comment, the meeting was adjourned at 7:42 pm on a motion by Councilman Garruzzo, seconded by Councilman Nolan.
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Approved July 25th, 2016


________________________
Thomas F. Nolan
Municipal Clerk




Resolution No.: 16-59-A
Date: July 11th, 2016

WHEREAS, New York SMSA Limited Partnership d/b/a Verizon Wireless, ("Verizon Wireless"), is a provider of commercial mobile service subject to regulation by the Federal Communications Commission; and
WHEREAS, Verizon Wireless has entered into agreements with parties that have the lawful right to maintain poles in the public right-of-way pursuant to which Verizon Wireless may jointly use such poles erected within the public right-of-way in the Borough of Brielle; and
WHEREAS, New Jersey law permits such joint use provided that there is the consent of the relevant municipality;
NOW THEREFORE BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, STATE OF NEW JERSEY THAT:
1. Permission and authority are hereby granted to Verizon Wireless and its successors and assigns, to jointly use poles erected by parties that have the lawful right to maintain poles within the public right-of-way in the Borough of Brielle, subject to the following:
A. Verizon Wireless, and its successors and assigns, shall adhere to all applicable Federal, State, and Local laws regarding safety requirements related to the use of the public right-of-way.
B. Verizon Wireless, and its successors and assigns, shall comply with all applicable Federal, State, and Local laws requiring permits prior to beginning construction, and shall obtain any applicable permits that may be required by the Borough of Brielle.
C. Such permission be and is hereby given upon the condition and provision that Verizon Wireless, and its successors and assigns, shall indemnify, defend and hold harmless the Borough of Brielle, its officers, agents, and servants, from any claim of liability or loss or bodily injury or property damage resulting from or arising out of the acts or omissions of Verizon Wireless or its agents in connection with the use and occupancy poles located within the public right-of-way, except to the extent resulting from the acts or omissions of the Borough of Brielle.
D. Verizon Wireless shall, at its own cost and expense, maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. Verizon Wireless shall include the Borough of Brielle as an additional insured.
E. Verizon Wireless shall be responsible for the repair of any damage to paving, existing utility lines, or any surface or subsurface installations, arising from its construction, installation or maintenance of its facilities.
F. Notwithstanding any provision contained herein, neither the Borough of Brielle nor Verizon Wireless shall be liable to the other for consequential, incidental, exemplary, or punitive damages on account of any activity pursuant to this instrument.
G. This instrument shall be adopted on behalf of the Borough of Brielle by the Borough Council of the Borough of Brielle and attested to by the Borough of Brielle Clerk who shall affix the Borough of Brielle Seal thereto.
H. The permission and authority hereby granted shall continue for the same period of time as the grant to parties whose poles Verizon Wireless is jointly using.

STATEMENT

This resolution authorizes Verizon Wireless to jointly use poles erected within the public right-of-way of the Borough of Brielle by parties that have the lawful right to maintain such poles.

CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on July 11th, 2016.
Witness my hand and seal of the Borough of Brielle this 12th day of July, 2016.

____________________________
Thomas F. Nolan
Municipal Clerk

Resolution No.: 16-59-B
Date: July 11th, 2016


WHEREAS at the Organization meeting of Mayor and Council of Brielle held on January 6th, 2016, Dilworth Paxson LLP was appointed Bond Counsel for 2016
based on the submission by Attorney Meghan Bennett Clark as Managing Partner of Dilworth Paxson LLP Red Bank Office (the "Red Bank Office"); and

WHEREAS, on September 1, 2016 Attorney Clark, along with the other members of the Red Bank Office, will be acquired by the firm of Gluckwalrath LLP on September 1, 2016; and

WHEREAS, it is the desire of the Governing Body to continue the professional services of Attorney Clark and the other members of the Red Bank Office.

NOW, THEREFORE, BE IT RESOLVED by Mayor and Council that effective September 1, 2016 Meghan Bennett Clark of Gluckwalrath LLP be appointed as bond counsel through December 31, 2016; and

BE IT FURTHER RESOLVED the Mayor and Clerk are hereby authorized to sign a contract with Attorney Clark as a member of the firm of Gluckwalrath LLP with the same terms and conditions of the current contract with Attorney Clark as a Manger Partner of the Red Bank Office.

CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on July 11th, 2016.
Witness my hand and seal of the Borough of Brielle this 12th day of July, 2016.

____________________________
Thomas F. Nolan
Municipal Clerk


Resolution No.: 16-59-C
Date: July 11th, 2016



Be it resolved, that the Borough Administrator is hereby authorized to execute a Full Service Contract, for the provision of Online Auction Services with US GOV BID, P.O. Box 1216, Eatontown, NJ. 07724.



CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on July 11th, 2016.
Witness my hand and seal of the Borough of Brielle this 12th day of July, 2016.

____________________________
Carol McMenamy
Deputy Municipal Clerk





Resolution No.:16-59-D
Date: July 11th, 2016


RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE
MONMOUTH MUNICIPAL JOINT INSURANCE FUND

WHEREAS, The Borough of Brielle is a member of the Monmouth Municipal Joint Insurance Fund; and
WHEREAS, said renewed membership terminates as of December 31, 2016 unless earlier renewed by agreement between the Municipality and the Fund; and
WHEREAS, the Municipality desires to renew said membership; NOW THEREFORE, be it resolved as follows:
1. The Borough of Brielle agrees to renew its membership in the Monmouth Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.
2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Monmouth Municipal Joint Insurance Fund evidencing the Municipality's intention to renew its membership.
This Resolution agreed to this 11th day of July, 2016 by a vote

Of: 4 Affirmative
0 Negative

__________________________
Thomas B. Nicol MAYOR
___________________________
Thomas F. Nolan, Municipal Clerk
ATTEST

AGREEMENT TO RENEW MEMBERSHIP IN THE
MONMOUTH MUNICIPAL JOINT INSURANCE FUND

WHEREAS, the Monmouth Municipal Joint Insurance Fund (hereinafter the Fund) is a duly chartered Municipal Insurance Fund as authorized by NJSA 40A:10-36 et seq., and;
WHEREAS, The Borough of Brielle is currently a member of said Fund, and;
WHEREAS, effective December 31st, 2016, said membership will expire unless earlier renewed, and;
WHEREAS, the Mayor and Council of the borough of Brielle has resolved to renew said membership;
NOW THEREFORE, it is agreed as follows:
1. The Borough of Brielle hereby renews its membership in the Monmouth Municipal Joint Insurance Fund for a three (3) year period, beginning January 1st, 2017 and ending December 31st, 2019*.
2. The Governing Body of the Borough of Brielle hereby ratifies and reaffirms the indemnity and Trust Agreement, Bylaws and other organizational and operational documents of the Monmouth Municipal Joint Insurance Fund as from time to time amended and altered by the Department of Insurance in accordance with the Applicable Statutes and administrative regulations as if each and every one of said documents were re-executed contemporaneously herewith.
3. The Borough of Brielle agrees to be a participating member of the Fund for the period herein provided for and to comply with all of the rules and regulations and obligations associated with said membership.
4. In consideration of the continuing membership of the Borough of Brielle in the Monmouth Municipal Joint Insurance Fund agrees, subject to the continuing approval of the Commissioner of Insurance, to accept the renewal application of the Borough of Brielle.
5. Executed the 11th day of July, 2016 as the lawful and binding act and deed of the Borough of Brielle, which execution has been duly authorized by public vote of the governing body.


__________________________
Thomas B. Nicol MAYOR
___________________________
Thomas F. Nolan, Municipal Clerk
ATTEST

___________________________
Monmouth Municipal
Joint Insurance Fund




Resolution No.: 16-59-E
Date: July 11th, 2016


WHEREAS, the Borough of Brielle awarded a Professional Service Contract to the Firm of Citta, Holzapfel & Zabarsky to provide the Borough with the services of a Municipal Prosecutor, and

WHEREAS, while Steven Zabarsky, Esquire serves as the Municipal Prosecutor he is assisted during the term of the Contract by a number of Assistant Prosecutors, and

WHEREAS, the names of the individuals so appointed as Assistant Prosecutors may change over the course of the annual contract, and

WHEREAS, it is necessary to add and/or delete these names from the approved list of Assistant Prosecutors.

NOW, THEREFORE, BE IT RESOLVED that the Borough Administrator is hereby authorized to make Appointments of assistant prosecutors and to remove assistant prosecutors from the approved list in concurrence with the Municipal Prosecutor, Steven Zabarsky.


CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on July 11th, 2016.
Witness my hand and seal of the Borough of Brielle this 12th day of July, 2016.

________________________
Thomas F. Nolan
Municipal Clerk


 

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