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A Community by the River

Borough of Brielle, NJ


January 9th, 2017

August 14 2017

January 9th, 2017

Page 6

MINUTES JANUARY 9th, 2017 WORK SESSION START: 7:46 PM

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

ABSENT: NONE

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.

There being no further comment, work session was adjourned at 7:47 p.m. on a motion by Councilman Gianforte seconded by Councilman Nolan.




























Page 7

MINUTES JANUARY 9th, 2017 START: 7:48 P.M.

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

ABSENT: NONE

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the December 27th, 2016 meeting were approved on a motion by Councilman Shaak seconded by Councilman Visceglia; all aye; no nays. Passed (Note: Councilmen Nolan & Visceglia abstained).

Councilman Garruzzo seconded by Councilman Nolan, introduced Resolution 17-14 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 renew the current agreement with the Brielle library association for the provision of library services.
I. (see insertion)
J. (see insertion)
K. To authorize the renewal of the annual Special Citizen Area Transportation (SCAT) contract with Monmouth County for 2017.

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

Councilman Garruzzo seconded by Councilman Gorham introduced Resolution 17-15 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 9th, 2017, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia: all aye. No nays. Passed

Mayor Nicol then called for Committee Reports and recognized Councilman Gianforte who had no report.

Councilman Nolan cited the resumption of the Biddy Basketball program and added that both the Board of Recreation and the Library had an extensive numbers of activities, ranging from the

Page 8

annual Ski Trip, to meet the author’s nights, all of which could be found on their respective web-sites.

Councilman Garruzzo gave the annual Fire Company report for 2016 and noted 133 calls, 39 drills, one member graduated from the Fire Academy and five Junior Firemen joined the company; he added that both the Halloween & Christmas events had a greater public turn-out than ever before.

Councilman Shaak praised the Department of Public Works for an outstanding job during the recent snow events and he once again reminded the public that Borough Ordinance mandated the removal of all vehicles from the street during snow events to facilitate plowing.

Councilman Gorham had no report and Councilman Visceglia thanked his colleagues for electing him President of Council, he noted that it was a fiercely fought campaign, but he was gratified by their support.

The meeting was opened to the public and Mr. Fred Fastiggi, 648 Valley Road, voiced a concern over the water pressure in his neighborhood an inconvenience that he shared with a number of his neighbors; he asked what steps were being taken to ameliorate the situation?

Mayor Nicol explained that the failure of the Old bridge Tank had resulted in a major loss of pressure, but the Utility had, by operating under emergency conditions, been able to install a number of valves at key locations that permitted the pressure to be gradually increased; he added that had no time was it below the minimum NJDEP Standard since the initial event.

However, being mindful of the adverse impacts felt by the residents, but being limited by the finances needed to either replace or rehab the tank, the Borough had been successful in brokering an inter-local agreement with Wall Township to construct an interconnect to their system that would help to stabilize water pressure in Mr. Fastiggi’s neighborhood. At this juncture the Borough was waiting for NJDOT to issue the permit to Wall Township to allow the placement of the new line under Route 70.

The Administrator added that the contractor was mobilized under the emergency provisions of the event and was ready to go as soon as the permit was issued; he anticipated that project being completed within a few weeks.

The Administrator also noted that the well head at Old Bridge would also be rehabilitated and this should further stabilize water pressure.

Mayor Nicol reiterated that the issue was providing the funds for the project insofar as the Borough had just completed the construction of a new tank and incurred significant debt.

Mayor Nicol offered that he and the Administrator would be meeting on January 10th with representatives of the NJIT to review the Borough’s options.
Page 9

Mr. Fastiggi asked the timeframe for implementation as he noted the inconvenience was becoming onerous as it was taking an inordinate amount of time to complete simple tasks such as filling the bath.

Mayor Nicol offered 2019 as a probable date. The Administrator suggested that, once the financing was in place, the Borough could quickly go to bid and perhaps by the spring of 2018 the project could be underway. The delays based on the recent experience with the Union Lane Tank, result from the need to fabricate the steel.

Council assured Mr. Fastiggi that whatever needed to be done would be done and the project would be completed as expeditiously as possible.

The meeting was then adjourned at 8:05 pm on a motion by Councilman Shaak seconded by Councilman Gianforte.




Approved: January 23rd, 2017

________________________
Thomas F. Nolan
Municipal Clerk





















Resolution No: 17-14-A Date: January 9th, 2017

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 9th day of January 2017, 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 2017 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 2017 Temporary Budget and shall be included in the 2017 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 9th, 2017.

Witness my hand and seal of the Borough of Brielle this 10th day of January, 2017.




_______________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 17-14-B Date: January 9th, 2017

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 H2M Water 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 9th day of January 2017, that;

1. Alan P. Hilla, Jr. & H2M Water is hereby retained by the Borough of Brielle as its Municipal Engineer for the fiscal year 2017 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 2017 Temporary Budget and shall be included in the 2017 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 9th, 2017.
Witness my hand and seal of the Borough of Brielle this 10th day of January 2017.




_______________________
Thomas F. Nolan
Municipal Clerk


Resolution No: 17-14-C
Date: January 9th, 2017

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 9th day of January 2017, that;

1. Robert A. Hulsart is hereby retained by the Borough of Brielle as its Auditor for the calendar year 2017 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 2017 Temporary Budget and shall be included in the 2017 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 9th, 2017.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2017.


________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 17-14-D
Date: January 9th, 2017

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 GluckWalrath, LLP Red Bank, 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 GluckWalrath, LLP, Attorneys at Law, Red Bank, 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 9th of January 2017. 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 10th day of January 2017.

BOROUGH OF BRIELLE
IN THE COUNTY OF
MONMOUTH, NEW JERSEY



____________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 17-14-E
Date: January 9th, 2017

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 9th day of January 2017, 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 2016 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 2017 Temporary Budget and shall be included in the 2017 Municipal Budget.

6. The Borough of Brielle Clerk shall cause the attached Notice to be published in the Coast Star.
________________________
Thomas F. Nolan
Municipal Clerk

Resolution No: 17-14-F Date: January 9th, 2017

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 9th day of January 2017, that;

1. The firm of Citta, Holzapfel & Zabarsky is hereby retained by the Borough of Brielle as its Municipal Prosecutor for calendar year 2017 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 2017 Temporary Budget and shall be included in the 2017 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 9th, 2017.

Witness my hand and seal of the Borough of Brielle this 10th day of January 2017.

Thomas F. Nolan
Municipal Clerk

Resolution No: 17-14-G
Date: January 9th, 2017

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 9th day of January 2017, that;

1. Timothy J. Wintrode, Esq., is hereby retained by the Borough of Brielle as its Public Defender for the calendar year 2017 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 2017 Temporary Budget and shall be included in the 2017 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 9th, 2017.

Witness my hand and seal of the Borough of Brielle this 10th day of January, 2017.



________________________
Thomas F. Nolan
Municipal Clerk































Resolution No.: 17-14-I
Date: January 9th, 2017



RESOLUTION OF THE BOROUGH OF BRIELLE




BE IT RESOLVED, to appoint Thomas Nolan as Public Agency Compliance Officer (P.A.C.O)


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



CERTIFICATION

The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on January 9th, 2017.


Witness my hand and seal of the Borough of Brielle this 10th day of January, 2017.



__________________________
Thomas F. Nolan
Municipal Clerk


















Resolution No.:17-14-J
Date: January 9th, 2017


Resolution of the Borough of Brielle

Whereas, the tax appeal process frequently requires the Borough to be represented in appeals that are heard by the State of New Jersey's Tax Court, and

Whereas, such appeals require the employment of an "expert" witness to testify as to the value of the properties in question, and

Whereas, throughout the year, the Borough solicits proposals from BRB Valuation & Consulting Services, and

Whereas, each proposal is unique to the individual property under consideration during the appeal process and a standard professional service contract is not deemed by the Governing Body to be an appropriate vehicle to meet this need.

Now Therefore Be It Resolved, that the Borough Administrator is authorized, in concurrence with the Borough Tax Assessor, to employ BRB Valuation as a professional service with each case and the amount required for provision of the specific service to be treated as a separate contract/proposal.

The properties requiring their services at this time are:

Block 102, Lots 4.01 & 4.02
Block 59 Lots 6, 6.01, 7 & 7.01
Resolution No: 17-14-L
Date: January 9th, 2017


RESOLUTION OF THE BOROUGH OF BRIELLE


WHEREAS, the Borough of Brielle wishes to continues the existing relationship with the Monmouth County Department of Transportation for the provision of the Special Citizens Area Transportation System (SCAT), and


NOW THEREFORE BE IT RESOLVED, that the Mayor & Municipal Clerk are hereby authorized to execute an agreement with the Monmouth County Department of Transportation for the provision of SCAT services for the period January 1st, 2017 through December 31st, 2017.




Certification

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on January 9th, 2017.

Witness my hand and seal of the Borough of Brielle this 10th day of January, 2017.




Thomas F. Nolan
Municipal Clerk

 

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