Editor's Note: Title One of the Revised Statutes of New Jersey contains definitions and rules of constructions for terms used in the New Jersey Statutes.
This chapter shall be known and may be cited as the "Administrative Code of the City of Estell Manor" and is herein referred to as the "code."
[Amended 3-5-2008 by Ord. No. 01-2008]
Creation. There shall be created the position of Municipal Clerk who shall be appointed in accordance with the provisions of N.J.S.A. 40A:9-133 et seq. The Municipal Clerk shall attend all meetings of Council and shall prepare the minutes of all Council meetings.
Municipal Clerk; Duties.
Ordinances and Resolutions.
The Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance he shall record and certify the proof of its publication as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was adopted on a date stated, and when so signed, the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify shall not impair or affect the validity of an ordinance which has been duly adopted.
Periodically, as determined by the Council, the Clerk shall compile at least two copies of all ordinances that have been adopted since the previous revision or supplement and forward them to a company selected by the Council to prepare a supplement to the revision.
The Clerk shall compile annually, in the order of their adoption, all resolutions adopted by the Council during the year and shall preserve them.
Custodian of Records. The Clerk shall have custody of and safely keep all records, books and documents of the City except those committed by ordinance, to any other office, by resolution or by law. On request and on the payment of the fees prescribed therefore the Clerk shall furnish a certified copy of any paper in his custody under the corporate seal of the City.
Corporate Seal. The Clerk shall cause the corporate sea] of the City to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify any document on record in his office, or to certify any act or paper which from the records in his office shall appear to have been a public act of the City or a public document.
Insurance; Surety Bonds; Contracts. Subject to the supervision of the Council, the Clerk shall:
Be the depository for and the custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond which shall be placed in the custody of the Treasurer; of all insurance policies on or with respect to risks insured for the benefit of the City or to protect it against any claim, demand or liability; and all formal contracts for work, labor, services, supplies, equipment and materials to which the City may be a party.
Be the depositors for and the custodian of all performance bonds running to the City as obligee, or any other form of security given by a contractor, subdivision developer or other persons on account of work done or to be done in or for the City.
Have custody of all leases of property owned by the City.
Report to the Council annually, at such times as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
Administrative Rules and Regulations; Filing and Publication. The Clerk shall maintain a current compilation of all rules and regulations, which shall be available for public inspection in his office during business hours. No rule or general regulation made by a department, officer, agency or authority of the City, unless it relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Clerk.
Other Laws and Ordinances. In addition to other functions, powers and duties prescribed by ordinance and subject to the supervision and direction of the Council, the Clerk shall:
Perform all the functions required of City Clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
Administer the provisions of City ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Council.
Deputy Municipal Clerk.
Creation. There is created the position of Deputy Municipal Clerk in accordance with the provisions of N.J.S.A. 40A:9-135 who during the absence or disability of the Municipal Clerk shall perform and have the powers of the Municipal Clerk and shall perform the functions and duties of that office.
[Added 6-7-2000 by Ord. No. 0-2-00]
Creation of Position. It is hereby established within the City of Estell Manor the position of Clerk Typist, whose job shall consist of assisting the Chief Financial Officer of the City in keeping records and inputting data, as well as to assist the Tax Collector with similar duties.
Compensation. Compensation by way of salary for the position aforesaid shall be determined annually by ordinance of the City Council.
Appointment and Qualification. A City Attorney shall be appointed for a term of one year by the Council. He shall be an attorney at law of New Jersey but need not be a resident of the City.
Powers and Duties. The City Attorney shall have such powers and perform such duties as are provided for the office of city attorney by general law or ordinances of the city. He shall represent the city in all judicial and administrative proceedings in which the city or any of its officers or agents may be a party or have an interest. He shall give all legal counsel and advice where required by the Mayor and Council and shall in general serve as the legal advisor to the Mayor and Council on all matters of city business. In furtherance of such general powers and duties, but without limitation thereto, the City Attorney shall:
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the city.
Conduct appeals from orders, decisions or judgments affecting any interest of the city as he may in his discretion determine to be necessary or desirable, or as directed by the Mayor and Council.
Subject to the approval of the Mayor and Council, have power to enter into any agreement, compromise or settlement of any litigation in which the city is involved.
Render written opinions upon any question of law submitted to him by the Mayor and Council with respect to their official powers and duties and perform such duties as may be necessary to provide legal counsel to the Mayor and Council in the administration of municipal affairs.
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Mayor and Council may authorize for special or regular employment in or for the city.
Appointment. There shall be a City Engineer who shall be appointed for a term of one year by the Council. In lieu of appointing an individual to be the City Engineer, the Mayor and Council may appoint a firm of engineers, each member of which shall be a licensed professional engineer of the State of New Jersey. The City Engineer shall receive such compensation as may be agreed upon and determined by the City Council.
Qualifications; Duties. The City Engineer shall be a licensed professional engineer of the State of New Jersey and shall perform such duties as are prescribed by general law and ordinance, and in addition shall:
Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the City.
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the City.
Provide technical and engineering advice and assistance to other City departments as needed.
All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the City Engineer shall be the property of the City and remain in the Municipal Building unless the Mayor and Council authorize storage elsewhere. Upon the termination of his services with the City, the Engineer shall forthwith surrender to any successor all such property.
[Amended 7-11-2001 by Ord. No. 08-01]
Appointment. There shall be a Chief Financial Officer appointed by the City Council; he shall serve for a term of three years at a salary fixed by ordinance.
Powers and Duties. The Chief Financial Officer shall have, perform and exercise all of the functions, powers and duties provided by general law and City ordinances. He shall keep and maintain books and records of all financial transactions of the City in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs. He shall have custody of all public moneys of the City and shall make monthly reports to the Mayor and Council of all receipts, expenditures, commitments and unexpended appropriations. All moneys received from any source by or on behalf of the City or any department, board, office or agency thereof, except as otherwise provided by City ordinance, shall be paid to the Chief Financial Officer who shall, by the next ensuing bank day after their receipt, deposit them in the authorized public depository of the City to the credit of the proper account.
Deputy Chief Financial Officer.
Appointment. There shall be created the office of Deputy Chief Financial Officer who shall be appointed by the City Council and shall serve for a term of one year from January 1 through December 31 or until a successor is appointed and qualified.
Powers and Duties. It shall be the duty of the Deputy Chief Financial Officer to assist the Chief Financial Officer in the discharge of his duties, including but not limited to routine clerical, accounting and administrative work. The Deputy Chief Financial Officer shall also provide assistance in the tax office and City Clerk's office as needed.
Bill of Demand; Certification. Any person claiming payment from the City shall first submit a detailed statement of the items or demand necessitating the claim to the responsible executive agency, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it or includes a certification of a department head or other City official responsible for certain functions or of his duly designated representative, having personal knowledge of the facts that the goods have been received by, or the services rendered to the City, and that those services or goods are consistent with any existing contract or purchase order. The Chief Financial Officer shall have the duty to audit, warrant and make recommendations on all claims and bills.
Consideration by City Council. The bill or claim duly certified shall be presented to the City Clerk for inclusion in the agenda of the next formal meeting of the City Council and it shall be the duty of the Clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the City Council shall be listed systematically without preference and the list shall be made available to every member of the City Council at least three full days prior to formal action by that body.
Approval; Disapproval. Claims shall be considered by the City Council which shall approve them, except that the City Council may reject any claim presented to it stating the reason for the rejection. Any disapproved claim shall be referred back to the City Clerk with such instructions as the City Council may give at the time of disapproval.
Records. It shall be the duty of the City Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the City Council has by formal action approved the claims with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
Payment. After the Clerk has certified that the claims have been approved, he shall turn them over to the Treasurer or other chief financial officer, who shall forthwith prepare the necessary checks for payment. The checks shall be signed by the Mayor and then signed by the Treasurer or other chief financial officer. After preparing checks for the payment of claims, he shall record them in proper books of account and then mail the checks to the claimants.
There shall be a Board of Assessors of Taxes for the municipality to consist of three members appointed by the City Council pursuant to N.J.R.S. 40A:9-146, who shall serve as assessors of taxes in and for the city, subject to such other requirements as may be prescribed by law. Each member of said Board of Assessors shall serve in full- or part-time capacity and receive such compensation as the Council may, from time to time by resolution, determine. Each member of the Board of Assessors shall serve for a term of four years commencing for the first day of July next following his appointment pursuant to N.J.R.S. 40A:9-148, except that the terms of the members initially appointed to the Board shall be for a lesser period to provide that the term of no more than one member will expire in any one year.
Appointment and Duties. The Tax Collector shall possess all the powers and duties established by law. The Collector shall enter in suitable books to be kept for that purpose the same received by him each day for taxes, with the names of the persons on whose account the same shall have been paid; shall keep a record and account of the finances of the city; and shall, within 60 days after the end of the fiscal year or when otherwise required by the Council, make and furnish a report thereof, with a detailed and true statement of all moneys received by him and disbursed therefrom and for what purposes, from the commencement of his official year to the date of his report or for such period as the Council may require, and a list of delinquent taxpayers for the previous year. He shall file the report, with two copies of the statement and list of delinquents, with the Clerk within the time hereinabove specified or when otherwise required by the Council. He shall, as necessary and as directed, arrange for and conduct sales of real estate for delinquent taxes.
Deputy Tax Collector. There is hereby created within the city the position of Assistant Tax Collector, whose duty it shall be to assist the Tax Collector in receipt of taxes and other public moneys, as provided by N.J.S.A. 54:4-122.1 et seq., such person shall be appointed by and shall serve at the pleasure of the City Council, with compensation to be determined annually by salary ordinance.
Creation. There is hereby created a Department of Public Safety for the city. This Department shall consist of the Director of Public Safety, who shall be the elected Mayor of the city.
Function. It shall be the function of the Department of Public Safety to preserve order, enforce all ordinances and laws in the city, preserve the peace and mitigate the results and render aid in the case of disaster or accident.
Duties of Director. The Director of Public Safety shall be the head of the Department and shall supervise the activities of all law enforcement officers and employees of the city appointed or designated by the city.
Rules and Regulations. The Director of Public Safety may make or preserve such rules or regulations for the conduct of his Department as he shall deem advisable, subject to the advice and consent of City Council.
Appointment of Enforcement Officials. Except as otherwise required by law, all appointments of city law enforcement officials shall be made by the Director of Public Safety and approved by City Council.
Compensation. The Director of Public Safety and other city law enforcement officials appointed by the city shall serve without compensation, unless otherwise provided by ordinance or resolution of the City Council.
Special Officers. One or more special officers for the city may be appointed by the Mayor and City Council. The special officer shall serve under the direction of that member of Council designated as Chief of Police. The general conduct of such officer shall be governed in accordance with state, county and local rules and regulations which may be adopted, from time to time, by the City Council.
The Construction Official for the city shall be such person or persons as shall be designated, from time to time, by the New Jersey State Department of Community Affairs in accordance with authorized code enforcement procedures under Section 7-1 of this revision. Such Construction Official or Officials shall be required to take all applications, conduct inspections, issue permits and have all other jurisdiction assigned to them by law and City ordinance, in addition to which such officials shall make a report of their duties and activities on a monthly basis, in writing, to the City Council.
Creation; Appointment. There shall be created the position of Zoning Officer of the City. He shall be appointed by the City Council and shall hold office for a period of one year. The term shall expire on December 31 of each year.
Duties. It shall be the duty of the Zoning Officer to enforce and administer the provisions of the Zoning Chapter as directed by the Zoning Board of Adjustment and City Council.
Creation; Appointment. There is hereby created the position of Code Enforcement Officer of the City. Said Officer shall be appointed by the City Council and hold office for a period of one year. The term shall expire on December 31 of each year.
Duties. It shall be the duty of the Code Enforcement Officer to enforce and administer the provisions of all ordinances of the City where such administration and enforcement is not otherwise exclusively reserved to another officer of the municipality.
[Amended 4-1-2009 by Ord. No. 01-2009]
Establishment. The City of Estell Manor hereby establishes a Municipal Court in accordance with N.J.S.A. 2B:12-1.
Name. The name of the Municipal Court shall be the "Municipal Court of the City of Estell Manor."
Location. The Estell Manor Municipal Court shall sit in the Municipal Building of Estell Manor subject to the holding of court sessions in other locations as may be designated by the Municipal Court Judge of Estell Manor.
Municipal Court Judge. There shall be a Municipal Court Judge appointed for a term of three years in accordance with N.J.S.A. 2B:12-4, which Judge shall qualify and otherwise serve in accordance with the provisions of N.J.S.A. 2B:12-1 et seq.
Municipal Court Administrator. There is established the position in the Estell Manor Municipal Court of Municipal Court Administrator who shall be appointed in accordance with N.J.S.A. 2B:12-10 and shall otherwise serve and be qualified in accordance with the provisions of N.J.S.A. 2B:12-1 et seq.
Court Operations Under Statute. To the extent not designated herein, all other matters relating to the operation of the Municipal Court of Estell Manor shall be subject to the provisions of N.J.S.A. 2B:12-1 et seq.
[Amended 7-20-1999 by Ord. No. 0-8-99]
The City of Estell Manor hereby creates the position of Municipal Public Defender to represent indigent defendants charged with motor vehicle violations, ordinance violations, crimes or other offenses within the jurisdiction of the Municipal Court who face a consequence of magnitude. The Municipal Public Defender shall be appointed annually by joint resolution of the City of Estell Manor, City of Corbin City and Township of Weymouth to serve in the Estell Manor-Corbin City-Weymouth Township Intermunicipal Court.
Pursuant to N.J.S.A. 2B:24-17, a person applying for representation by the Municipal Public Defender shall pay an application fee of $200. In accordance with N.J.S.A. 2B:24-1, et seq. and guidelines promulgated by the Supreme Court, the Municipal Court may waive the application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents art unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.
Creation. There shall be a Planning Board of the City consisting of nine members.
The members constituting the Planning Board shall consist of the following:
Class I: the Mayor.
Class II: one of the officials of the City, other than a member of the Council, to be appointed by the Mayor.
Class III: a member of the City Council to be appointed by it by majority vote.
Class IV: Six other citizens of the City to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Historic Preservation Commission if there be one appointed, and one may be a member of the Board of Education. For the purposes of this section, membership on a City board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
In addition to the foregoing regular membership of the Planning Board, the Mayor shall also appoint not more than four alternative members who shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the term of not more than two alternate members shall expire in any one year. Any vacancy occurring otherwise than by the expiration of a term shall be filled by the appointing authority for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member or members are to vote, the alternate members shall be chosen in order of their designation by alternate number, with Alternate No. 1 being chosen to vote first, and Alternate No. 4 being chosen to vote last.
[Amended 7-11-2001 by Ord. No. 06-01]
Terms. The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first. The terms of all Class IV members first appointed pursuant to this section shall be so determined that, to the greatest practical extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the City Council, provided that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present Class IV member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first. After appointment of the initial terms of all Class IV members as aforesaid, all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment is made.
Powers and Duties. The Planning Board shall exercise those powers as set forth in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey, 1975, N.J.S.A. 40:55D-1 et seq, including those powers which may heretofore or hereafter be set forth in amendments or supplements to the same.
Planning Board to Exercise Powers of Board of Adjustment. The City of Estell Manor does hereby further exercise the option provided by N.J.S.A. 40:55D-25c to have the Planning Board exercise all powers of a Board of Adjustment. The Planning Board shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment, but the Class I and the Class III members shall not participate in consideration of applications for development which involve relief pursuant to Subsection of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70.).
Request of Relief; Notice. Whenever relief is requested in a manner in which the Planning Board exercises, to the same extent and subject to the same restrictions, any of the powers and duties of the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d or otherwise, notice of a hearing on the application for development shall include reference to the request for variance or direction for issuance of a permit, or other relief, as the case may be.
[Added 7-20-1999 by Ord. No. 0-5-99]
A Registrar of Vital Statistics shall be appointed by a majority of the membership of the governing body, said appointment to occur at its annual Reorganization Meeting, and said Registrar of Vital Statistics shall be appointed for a one-year term and who shall receive as compensation such salary as may be set, from time to time, by ordinance.
Editor's Note: This ordinance also provided for the repeal of former Section 2-14, Board of Health.
[Added 9-21-1999 by Ord. No. 0-11-99]
Because of the existing and increasing possibility of disasters of unprecedented size and destructiveness resulting from fire, flood, earthquake, hurricane, tropical storm, plane crash or other natural or man-made causes, and in order to ensure that preparation of this city will be adequate to deal with such disasters in addition to civil insurrection, war or any hostility towards the United States and generally provide for the common defense and to protect the public peace, health, safety and to preserve the lives and property of the residents of this city, it is hereby found and declared to be necessary to:
Create an Office of Emergency Management.
Provide for the rendering of mutual aid to other cities within the State of New Jersey and adjoining states and to cooperate with the state government with respect to carrying out emergency functions.
Create and test an emergency operations plan for all divisions of city government in the event of one of the aforementioned disasters.
Comprehensive Plan. It is further declared to be the purpose of this section and the policy of this City that all emergency functions of the state government, including its various departments and agencies, of the county government and of the other municipalities and private agencies of every type shall be included in the emergency operations plan so that a comprehensive plan can be developed to make use of all available resources in the event that a disaster does occur.
Establishment of Office of Emergency Management. It is further declared to be the purpose of this section and the policy of this City to organize an Office of Emergency Management in conformity with the Civil Defense Act as directed by P.L. 1942, c. 251, as amended.
Coordinator; Deputy Coordinator; plan. The Mayor of this City shall be responsible for the appointment of a qualified Coordinator of this Office pursuant to state and federal guidelines as of the date of his/her appointment. The Coordinator shall serve for a term of three years subject to fulfilling the requirements of state statute (N.J.S.A. App. A:9-40.1). It shall be the responsibility of the Coordinator to appoint a Deputy Coordinator and such staff as may be needed to effectively operate this office. The appointment of each Deputy Coordinator is subject to the approval of the Mayor and, whenever possible, shall be appointed from among the salaried officers or employees of the municipality. It is the responsibility of the staff, under the direction of the Coordinator and Deputy Coordinator, to create and test the emergency operations plan and to be prepared to activate it whenever necessary.
Rules and regulations. It shall be the responsibility of this organization to carry out and enforce such orders, rules and regulations as issued by the Coordinator or the chain of command as outlined by the emergency operations plan, under the authority of this section.
Duties; establishment of operations center.
The Office of Emergency Management, through its Coordinator, shall be responsible for the planning, activating, coordinating and conduct of disaster control operations within the City.
The Office shall accordingly establish a fully equipped emergency operations center within the municipal communications center, which shall be ready to coordinate all City functions in the event of a disaster. The Office shall also plan for an alternative operations center in the event that the primary communications center is damaged or unusable.
Emergency Management Council.
There is herewith established a Local Emergency Management Council which shall be composed of not more than 15 members appointed by the Mayor and who shall hold office at the will and pleasure of the Mayor. The Emergency Management Coordinator shall be a member and shall serve as Chairman of said Emergency Management Council.
The Emergency Management Council shall assist the City in establishing the various local volunteer agencies needed to meet the requirements of all local civilian defense and emergency management activities in accordance with the rules and regulations established by the Governor of the State of New Jersey in pursuance of the provisions of the State Civil Defense Act.
Compensation. The Coordinator and Deputy Coordinator as herein appointed may be entitled to compensation to be determined by a majority of the Common Council on an annual basis in accordance with the appropriate salary ordinance.
Editor's Note: This ordinance also provided for the repeal of former Section 2-15, Disaster Control Agency.
Editor's Note: Former Sec. 2-16, Industrial Advisory Committee, was repealed 12-6-2006 by Ord. No. 15-2006.
Authorization. Pursuant to the provisions of N.J.S.A. 40:8A et seq., the City of Estell Manor shall be hereby authorized to enter into a contract by and through its proper officers with the Borough of Buena, the Township of Buena Vista, the Township of Weymouth and the Borough of Folsom, all municipalities located in the County of Atlantic, State of New Jersey, providing for a central dispatch system, which shall be operated to provide communications to dispatch fire, rescue assistance, police and emergency assistance to the citizens of each municipality and to otherwise assist in protecting the general health, safety and welfare of the citizens of said municipalities.
Public Record. A copy of the agreement which the City of Estell Manor is authorized to execute by this section shall be filed with the Clerk, and copies shall be available for public inspection in the municipal building during normal business hours from the time of passage upon the first reading.
When Effective. The provisions of this section shall take effect upon publication of its passage after public hearing, as provided by law, and the valid adoption of similar ordinances by the participating municipalities mentioned herein.
[Added 10-4-2006 by Ord. No. 09-2006]
Establishment. There shall be by this chapter hereby established within the City of Estell Manor, County of Atlantic, a Senior Citizens Advisory Board, Which shall serve as an ad hoc advisory Board to the Mayor and City Council for the purposes of keeping the Mayor and City Council informed of developments regarding senior citizens, and may respond to any ordinances introduced by the Mayor and City Council that may have an impact upon senior citizens and shall otherwise advise the Mayor and City Council with respect to pending legislation at the county or state level which may impact senior citizens.
Meetings. The Senior Citizens Advisory Board shall meet no less than eight occasions per year or as often as necessary to discuss matters of interest to senior citizens, current and pending City ordinances, county or state laws affecting senior citizens and other issues of interest to senior citizens which may have an impact upon the City as a whole. The Advisory Board shall report to the Mayor and City Council at least two times per year or as often as the Advisory Board believes it is necessary on activities and discussions and provide the Mayor and City Council with a summary of the issues it has discussed and positions it believes should be advanced on behalf of senior citizens. The Advisory Board shall be strictly advisory, and its recommendations, decisions, comments or other observations shall not be binding in any way on the Mayor and City Council or any other municipal body, board or agency.
Membership and term. The Senior Citizens Advisory Board shall consist of seven members who shall be appointed by the Mayor subject to the advice and consent of the City Council in the following manner and for the following terms. Upon the initial establishment of the Board, three members shall be appointed to terms of three years; three members shall be appointed to terms of two years; and one member shall be appointed to a term of one year. Thereafter, each member shall be appointed to a three-year term. All terms shall expire on December 31 of the appropriate year and shall begin on January 1 of the appropriate year. The members of the Senior Citizens Advisory Board shall be residents of the City of Estell Manor. The members shall choose a Chairman, Vice Chairman and Secretary for the Board. The Chairman shall serve as a liaison between the Board and the Mayor and City Council. The Secretary shall keep notes of the meeting, which notes shall be deemed to be the property of the City of Estell Manor. The Chairman shall save as the spokesperson for the Board in discussion with the Mayor and City Council. The Chairman shall vote on all issues before the Advisory Board, and his/her vote shall be equal to all other members of the Advisory Board.
Intent. It is the intent of this chapter that the Senior Citizens Advisory Board shall be solely an advisory board consisting of volunteers appointed by the Mayor and City Council. The Board will seek a budget to be approved by the Mayor and City Council for operating expenses but shall have no additional authority to expend my public funds. It is the intent of this chapter that this Board shall be considered a "public body" within the meaning and intent of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Accordingly, there shall be the obligation for the Board to provide advance notices of its meetings and otherwise comply with this Act.
Limitation of Power. It is expressly intended that the Senior Citizens Advisory Board is an ad hoc group to assist the Mayor and City Council in addressing issues and problems facing senior citizens. The Board shall be permitted to communicate with other agencies in order to render suggestions, opinions and recommendations with regard to senior citizens but all such communication should first be directed to the Mayor and City Council for approval.
Editor's Note: Former Sec. 2-18 (Ord. 77-5, §§ 1-3; Ord. 79-19), Senior Citizens' Advisory Board, was repealed by Ord. 82-8.
Creation of Position. There is hereby established within the City of Estell Manor the position of Maintenance Foreman, whose job shall consist of responsibility for the routine repair, maintenance and improvement of the public streets, roads, buildings and grounds, as well as all municipal property and equipment, subject to the direction and approval of the members of the City Council, City Administrator or their designee.
Compensation. Compensation by way of salary for the position aforesaid shall be determined annually by ordinance of the City Council.
Laborer. There is hereby created within the City the position of Laborer, whose duties it shall be to assist the Maintenance Foreman in the routine repair, maintenance and improvement of the public streets, roads, buildings and grounds, as well as all municipal property and equipment, subject to the direction and approval of the Maintenance Foreman and the members of the City Council, City Administrator or their designee.
[Added 6-7-2000 by Ord. No. 0-3-00]
Compensation. Compensation by way of salary for the position of Laborer shall be determined annually by ordinance of the City Council.
[Added 6-7-2000 by Ord. No. 0-3-00]
The City Council shall from time to time adopt policies and procedures, by resolution, for the operation of municipal offices, as well as terms for the employment of various municipal employees and personnel.
Service Charge. Whenever a check payable to any account of the City of Estell Manor is returned for lack of sufficient funds, because the account was closed or for any other similar reason, a service charge of $20 per transaction shall be charged to the payer or added to the account of the payer, in the discretion of the official receiving the payment. The service charge shall be paid and credited before any other payment on the account is accepted and credited.
Unpaid Charges to Become Lien. In the event that unpaid service charges assessed under this provision shall become delinquent and, when applicable, a lien against the property of the payer may be enforced in the same manner as other liens created by these ordinances.
Cash Payment Required. Any payer whose returned checks become chronic, as determined by the Tax Collector or the Chief Financial Officer, may thereafter be required to make all payments due to the City of Estell Manor in cash or by certified or cashier's check.
Fees for Duplicate Tax Bills. Pursuant to N.J.S.A. 54:4-64 and N.J.A.C. 5:33-4.8, the Tax Collector shall be and is hereby authorized to charge a fee of $5 for an initial duplicate copy of a tax bill requested by an individual, mortgagee, servicing organization or property-tax-processing organization. The charge for each additional duplicate copy requested by the same person or organization within any calendar year shall be $10 per copy.
[Added 6-2-2004 by Ord. No. 03-04]
When the Municipal Clerk, as custodian of records under the statute, anticipates that the reproduction costs associated with the government records requested will cost in excess of $5 to reproduce, the Municipal Clerk may require a deposit against costs for reproducing such documents sought through an anonymous request.
Under special circumstances when reproduction of the government record(s) requested involves an extraordinary expenditure of time and effort to accommodate the request, the Municipal Clerk may, in addition to the actual costs of duplicating the record, impose a special service charge in the amount of $20 per hour that any municipal official or employee must dedicate to fulfill the record request. The Municipal Clerk shall estimate the special service charge in advance of reproduction and notify the requester in writing before completing the request.
The Municipal Clerk is authorized to charge the following for services and documents provided by the Municipal Clerk's office:
Certified copy of birth certificate: $4 ($2 additional copy).
Certified copy of marriage certificate and/or certified copy of civil union certificate: $4 ($2 additional copy).
[Amended 5-2-2007 by Ord. No. 09-2007]
Certified copy of death certificate: $4 ($2 additional copy).
Copy of full size Zoning Map: $7.
Copy of Estell Manor Code book: $150.
Copy of land use portion of Code book: $60.
Annual supplemental subscription of Code cook: $35.
Zoning permit: $10.
Certificate of occupancy for resale or rerental with smoke detector certificate: $30 per unit.
Second or more reinspection for certificate of occupancy: $30 per unit.
Plenary retail consumption liquor license: $504.
Duplication of tape recordings of public meetings: $75 per meeting.
The Municipal Tax Collector is authorized to charge the following for copying documents and rendering services:
Duplicate tax bill: $5.
Subsequent duplicate copy of the same tax bill requested in the same tax year: $25.
Tax search: $10.
Municipal assessment search: $10.
Municipal utilities search: $10.
Certified list of property owners within 200 feet of subject property: $10.
Returned check fee: $20.
Fax fee: $1.
[Added 12-15-2004 by Ord. No. 13-04]
All requests for discovery in matters pending before the Estell Manor Municipal Court shall be submitted through the Municipal Prosecutor.
The following fees shall be payable by the requestor for said discovery:
Seventy-five cents per page for each of the first 10 pages photocopied.
Fifty cents per page for each of the next 10 pages photocopied.
Twenty-five cents per page for each of the pages photocopied thereafter.
Actual postage for any discovery sent by mail.
Twenty-five cents for the envelope for any discovery sent by mail.
Photographs will be photocopied in accordance with the rates established herein. If requests are made for duplicate photographs, the actual cost of making such photographs will be charged.
Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5 per videotape.
On any item that cannot be photocopied by the Municipal Prosecutor or City or that is not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
Where the discovery must be obtained from an entity other than the City of Estell Manor, e.g., another police department or State Police, the actual costs paid to the other entity shall be paid by the requestor.
In the event that a homeowner is in the fifth year of the six-year forgiveness period and the homeowner indicates an intention of securing a home equity loan or refinancing the first mortgage, and the strict requirements of the grant would be unduly burdensome to the homeowner, based upon a written application to the City Council and a favorable vote thereon, the grant may be forgiven upon the payment of the remaining pro rata share of the forgiveness period in order to satisfy the lien.
[Added 9-21-1999 by Ord. No. 0-12-99]
Office(s) established. There is hereby established the office of 911 Coordinator of the City of Estell Manor who shall be appointed by the Mayor with the advice and consent of Council. There is hereby established the office of Deputy 911 Coordinator of the City of Estell Manor who may be appointed by the Mayor with the advice and consent of Council.
Term. The term of said office(s) shall be for one year running from January 1 until December 31, except in the year in which this chapter becomes effective, in which case the term shall be from the date of appointment until December 31 of that year.
Qualifications. Said 911 Coordinator and Deputy 911 Coordinator shall be an officer of the City of Estell Manor who is thoroughly familiar with all of the public safety agencies of this City and shall have the time and ability to fulfill the requirements of said office(s) in accordance with all state, county and local rules and regulations.
It shall be the duty of the 911 Coordinator to compile and cause to be provided to the agencies requiring the same all such data necessary for the establishment of the automatic location identification capability of the system, coordinate the municipal program with the county program and the 911 Commission of the Department of Law and Public Safety, report to the Mayor and Council of the operation and needs of the program as necessary but, nevertheless, no less often than annually, and do such other acts as may be required of him or her pursuant to N.J.S.A. 52:17C-1 et seq.
It shall be the duty of the Deputy 911 Coordinator to aid and assist the 911 Coordinator as heretofore appointed at the discretion of said 911 Coordinator and shall report and be subservient to said 911 Coordinator.
[Added 8-1-2001 by Ord. No. 09-01]
It is the policy of the City of Estell Manor, subject to any contrary requirements or policies of any governmental entity or organization or funding source having concurrent or surpassing jurisdiction over the municipality's projects, that contractors awarded bids for construction projects costing $20,000 or more undertaken by the municipality provide health and hospital insurance plans, approve pension plans and apprenticeship training programs for all covered workers and that the following guidelines, criteria and procedures are adopted. Bid packages for significant construction projects undertaken by the municipality shall contain the following provision:
All labor shall be covered by an approved health and hospital insurance plan, an approved pension plan and an apprenticeship training program pursuant to standards established under the Department of Labor and Industry Act of 1948 (N.J.S.A. 34-1A-34 et seq.). A statement of employee benefits must be completed and made part of the bid in order for the bid to be accepted.
The municipality, at its discretion, may refuse to award a request for proposal or a contract to any bidder due to the contractor's filing of false information or the contractor's failure to file information required by this section. Upon an award of a request for proposal and contract, the municipality may require further proof of compliance with the standards set forth in this section. Upon request, the contractor shall be required to make all relevant records available to the municipality or its designees in timely fashion.
In the event it is found that any workmen employed by the contractor or any subcontractor covered by said contract is paid less than required wage rates, the municipality may terminate the contractor's right to proceed with the work or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable to the municipality for any excess cost occasioned thereby. The contractor and subcontractor shall then be required to file written statements certifying to the amounts then due and owing to any and all workmen for wages due on account of the public work. The statements shall set forth the names of persons whose wages are unpaid and the amount due to each. The statements shall be verified by the oaths of the contractor or subcontractor, as the case may be.
[Added 8-4-2004 by Ord. No. 09-04]
Except as hereinafter provided, the City of Estell Manor, hereinafter known as the "municipality," shall, upon the request of any present or former official, employee or appointee of the municipality, provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties.
The terms of this section and the definition of official, employee and appointee are to be construed liberally in order to effectuate the purposes of this section except that these terms shall not mean any person who is not a natural person; any person while providing goods or services of any kind under any contract with the municipality except an employment contract; any person while providing legal or engineering services for compensation unless said person is a regular full- or part-time employee of the municipality; and any person who as a condition of his or her appointment or contract is required to indemnify and defend the municipality and/or secure insurance.
The municipality shall provide for defense of and indemnify any present or former official, employee or appointee of the municipality who becomes a defendant in a civil action if the person or persons involved acted or failed to act in a matter in which the municipality has or had an interest; acted or failed to act in the discharge of a duty imposed or authorized by law; and acted or failed to take action in good faith. For purposes of this section, the duty and authority of the municipality to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
The municipality shall not indemnify any person against the payment of punitive damages, penalties or fines, but may provide for the legal defense of such claims in accord with the standards set forth herein. The municipality may refuse to provide for the defense and indemnification of any civil action referred to herein if the City of Estell Manor, by its governing body, determines that the act or omission did not occur within the scope of a duty authorized or imposed by law; the act or failure to act was the result of actual fraud, willful misconduct or actual malice of the person requesting defense and indemnification; or the defense of the action or proceeding by the municipality would create a conflict of interest between the municipality and the person or persons involved.
In any other action or proceeding, including criminal proceedings, the municipality may provide for the defense of a present or former official, employee or appointee if the City Council concludes that such representation is in the best interest of the municipality and that the person to be defended acted or failed to act in accord with the standards set forth in this section.
Whenever the municipality provides for the defense of any action set forth herein and as a condition of such defense, the municipality may assume exclusive control over the representation of such persons defended, and such person shall cooperate fully with the municipality.
The municipality may provide for the defense pursuant to this section by authorizing its Attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the municipality under any appropriate insurance policy that requires the insurer to provide defense.
[Added 2-1-2006 by Ord. No. 02-2006]
Short Title. This section shall be titled "An Ordinance Banning the Use of Government Buildings and Equipment for Political Fund-raising.
Our laws in New Jersey do not presently ban solicitation or acceptance of political contributions by public office holders and employees while in any room or building occupied in the discharge of official duties;
Solicitation and acceptance of political contributions in rooms and buildings occupied in the discharge of official municipal business undermines the efficiency of government by taking officials and employees away from the people's business, and leads to the appearance of improper influence of political contributions on government functions;
Prohibiting the solicitation and acceptance of political contributions in rooms and buildings occupied in the discharge of official duties will address these harms and leave open ample alternative venues for political fund-raising;
Our laws in New Jersey do not presently recognize the misuse of public property for political fundraising as a distinct offense;
It is accordingly found and determined that the municipality's interests in an independent and efficient government workforce and a government that is undermined by neither the fact nor appearance of improper influence of political contributions on government decisions require the prohibition of political fundraising in rooms or buildings occupied in the discharge of official duties or through the use of public property.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any individual seeking election to a public office of the federal, state, county, or municipal government, or school district or political party, and any individual who shall have been elected or failed of election to any such office;
- The government of the municipality, including any officer, department, board, commission, or agency thereof.
- MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
- Any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board, or office thereof, whether the position is full-time or part-time, compensated or uncompensated; and any employee of municipal government or of any municipal agency, commission, board, or office thereof, whether the position is full-time or part-time.
- POLITICAL CONTRIBUTION
- Any loans and transfers of money or other things of value to any candidate, elected official, or representative of any political organization, or other commitments or assumptions of liability to make any such transfer. Political contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.
- POLITICAL ORGANIZATION
- Any two or more persons acting jointly, or any corporation, partnership or other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for federal, state, county, municipal or school board office or political party office. "Political organization" includes, but is not limited to, organizations defined in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates committee," "continuing political committee," "political party committee," "candidate committee," or "legislative leadership committee."
- PUBLIC PROPERTY
- All personal property owned, leased, or controlled by the municipal government, including, but not limited to, vehicles, phones, fax machines, computers, stationery, including municipal letterhead, postage, and other office equipment.
- To ask for, by oral or written communication, a contribution as that term is defined herein.
Prohibition Against Soliciting or Accepting Political Contribution in Rooms or Buildings Occupied in the Discharge of Public Duties. No municipal official, employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization while in any room or building occupied in the discharge of official municipal business. This section shall include solicitation or acceptance of political contributions made over a private cell phone or by use of a private computer, if the person soliciting or accepting the political contribution, or using the cell phone or computer for purposes of soliciting or accepting the political contribution, is in any room or building occupied in the discharge of official municipal business.
Prohibition Against Use of Public Property for Political Fund-raising. No municipal official, employee, or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization while utilizing public property.
Exception. In the event public facilities are made available to any group for nongovernmental use, as a meeting facility, this prohibition shall not be deemed to prevent fund-raising of any sort among members of such groups during the time such groups have reserved exclusive use of the meeting facility.
Violation. Violation of any provision of this section shall be punished by a period of community service not exceeding 90 days or imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding $1,000.
[Added 10-4-2006 by Ord. No. 10-2006]
Establishment. There shall be by this chapter hereby established within the City of Estell Manor, County of Atlantic, a Veterans Advisory Board, which shall serve as an ad hoc advisory Board to the Mayor and City Council for the purposes of keeping the Mayor and City Council informed of developments regarding veterans, and may respond to any ordinances introduced by the Mayor and City Council that may have an impact upon veterans and shall otherwise advise the Mayor and City Council with respect to pending legislation at the county or state level which may impact veterans.
Meetings. The Veterans Advisory Board shall meet no less than eight occasions per year or as often as necessary to discuss matters of interest to veterans, current and pending City ordinances, county or state laws affecting veterans and other issues of interest to veterans which may have an impact upon the City as a whole. The Advisory Board shall report to the Mayor and City Council at least two times per year or as often as the Advisory Board believes it is necessary on activities and discussions and provide the Mayor and City Council with a summary of the issues it has discussed and positions it believes should be advanced on behalf of veterans. The Advisory Board shall be strictly advisory, and its recommendations, decisions, comments or other observations shall not be binding in any way on the Mayor and City Council or any other municipal body, board or agency.
Membership and term. The Veterans Advisory Board shall consist of seven members who shall be appointed by the Mayor subject to the advice and consent of the City Council in the following manner and for the following terms. Upon the initial establishment of the Board, three members shall be appointed to terms of three years; three members shall be appointed to a term of one year. Thereafter, each member shall be appointed to a three-year term. All terms shall expire on December 31 of the appropriate year and shall begin on January 1 of the appropriate year. The members of the Veterans' Advisory Board shall be residents of the City of Estell Manor and be certified veterans with a DD-214 record of military service. The members shall choose a Chairman, Vice Chairman and Secretary for the Board. The Chairman shall serve as a liaison between the Board and the Mayor and City Council. The Secretary shall keep notes of the meeting, which notes shall be deemed to be the property of the City of Estell Manor. The Chairman shall serve as the spokesperson for the Board in discussion with the Mayor and City Council. The Chairman shall vote on all issues before the Advisory Board, and his/her vote shall be equal to all other members of the Advisory Board.
Intent. It is the intent of this chapter that the Veterans Advisory Board shall be solely an advisory board consisting of volunteers appointed by the Mayor and City Council. The Board will seek a budget to be approved by the Mayor and City Council for operating expenses but shall have no additional authority to expend any public funds. It is the intent of this chapter that this Board shall be considered a "public body" within the meaning and intent of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Accordingly, there shall be the obligation for the Board to provide advance notices of its meetings and otherwise comply with this Act.
Limitation of power. It is expressly intended that the Veterans Advisory Board is an ad hoc group to assist the Mayor and City Council in addressing issues and problems facing veterans. The Board shall be permitted to communicate with other agencies in order to render suggestions, opinions and recommendations with regard to veterans, but all such communication should first be directed to the Mayor said City Council for approval.
[Added 8-6-2008 by Ord. No. 05-2008]
Positions exempt from participation. Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Added 12-13-2006 by Ord. No. 16-2006]
Short title. This section shall be known as the "Competitive Negotiation Ordinance."
Whereas, this municipality has a strong commitment to open and fair competition; and
Whereas qualification-based, competitive, negotiation procedures help to ensure open and fair competition through published rules and decision-making criteria;
Therefore, it is accordingly found and determined that the paramount public interest is served by requiring that the Township award all contracts or agreements to outside consultants for the provision of professional services on the basis of competitive negotiation.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- PROFESSIONAL SERVICES
- As defined at N.J.S.A. 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. For purposes of this section, however, professional services shall not include professional artistic services as defined at N.J.S.A. 40A:11-2(6). "Professional services" shall include financial services or insurance services.
General provisions. In the event that, at the December regular meeting of City Council, either the Mayor and one other member of City Council or any three members of City Council vote to consider a change in any of the professional positions, then the following procedures shall be used:
The municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification-based, competitive negotiation.
Professional service contract requests for proposal shall be published by the posting of a public notice at least 10 days before the awarding of any contract for professional services.
The public notice shall be:
Prominently posted in the public place reserved for Sunshine Law notices;
Mailed, telephoned, telegrammed, or hand delivered to at least two newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the municipality, one of which shall be the official newspaper of the municipality; and
Filed with the Clerk of the municipality.
The public notice shall, at minimum, include:
A description of the professional services needed, including, where appropriate, a description of tasks involved.
Threshold qualification requirements setting the highest possible, minimum standards for qualifying to compete for the particular services and tasks involved.
Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the Township.
Deadline and place for all submissions.
Standardized submission requirements shall include:
Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised.
References and record of success.
Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff).
Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.
The selection criteria to be used in awarding a contact or agreement for professional services shall include:
All submissions shall be kept on file during the term of the related contract and shall be public records after the deadline for the submission of proposals.
In the event that compliance with part or all of the requirements of this section is impracticable as regards a particular contract or agreement, the Township Council may waive part or all of the requirements by a majority vote of the full Council, together with publication of a resolution setting forth with specificity the reasons such waiver is required.