[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 7-3-1972. Amendments noted where applicable.]
The Borough of Dunellen, County of Middlesex,
State of New Jersey, agrees to participate in the creation and operations
of the Green Brook Flood Control Commission, pursuant to Chapter 316,
P.L. 1971, N.J.S.A. 40:14-16 et seq., as provided for in this chapter.
The municipalities and counties invited to participate
in said Commission are the Borough of Bound Brook, the Township of
Bridgewater, the Borough of Dunellen, the Township of Green Brook,
the Borough of Middlesex, the Borough of North Plainfield, the City
of Plainfield, the Township of Scotch Plains, the Borough of Watchung,
the County of Middlesex, the County of Somerset and the County of
Union.
The Green Brook Flood Control Commission shall
be established in accordance with Chapter 316, P.L. 1971, of the State
of New Jersey, N.J.S.A. 40:14-16 et seq.
The Green Brook Flood Control Commission shall:
A.
Collect, study and analyze data on flooding, past
floods and the causes of floods in the area.
B.
Make such data and studies available to the participating
members, to the Division of Water Policy and Supply, to the Army Corps
of Engineers, to local and county Planning Boards and to officials
concerned with subdivisions and the development of properties within
the floodway and drainage areas.
C.
Keep itself informed as to the availability of state
and federal funds and grants and the procedures for applying therefor,
and it shall make such information available to participating members.
D.
Coordinate the activities of the participating members
relating to flooding, flood prevention, brook cleaning and the like.
E.
Encourage the acquisition of lands within the floodway
and low-lying areas, by appropriate County Park Commissions, counties
or participating municipalities.
F.
Publicize methods of flood control and flood prevention.
G.
Encourage its participating members and others to
adopt appropriate ordinances and regulations relating to flood control.
H.
Encourage its participating members to support other
programs designed or intended to alleviate flooding.
A.
The general, administrative and other expenses of
the Commission affecting the Commission as a whole shall be apportioned
among the members as follows:
(1)
One-fourth thereof to be apportioned among the member
counties as follows: Middlesex County, 4.2%; Somerset County, 12.5%;
and Union County, 8.3%.
(2)
Three-fourths thereof to be apportioned among the
member municipalities according to a formula taking into account population
and frontage along the brook and resulting in the following: Bound
Brook, 3.65%; Bridgewater, 8.75%; Dunellen, 2.95%; Green Brook Township,
6.0%; Middlesex Borough, 9.65%; North Plainfield, 11.5%; Plainfield,
17.95%; Scotch Plains, 7.05%; and Watchung, 7.95%. In the event any
of the foregoing municipalities do not join, the formula used to obtain
the foregoing percentages shall be reapplied to determine the apportionment
among the remaining and participating municipalities.
B.
Whenever a specific project is to be undertaken which
involves less than the interests of all of the participating members
or which is of special benefit to less than all of the participating
members, the apportionment of the costs thereof shall be agreed upon
by the participating members specially benefited thereby in advance
of the authorization of such project.
C.
The apportionments set forth herein may be changed by agreement among the participating municipalities and counties; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in Subsection A above without the consent of the governing body of such participating member.
A.
The tentative annual budget for the Commission shall
be adopted by the Commission no later than January 15 of each year,
and such adoption shall be by a vote of at least three county representatives,
regardless of the total number of counties represented thereby, and
at least nine municipal representatives, regardless of the total number
of municipalities represented thereby. A copy of such tentative budget
shall be sent to the governing body of each of the participating counties
and municipalities within one week of the adoption thereof. Such notice
shall include notification of the date fixed by the Commission for
the final adoption of such budget, which shall be at least three weeks
after the date of the tentative adoption by the Commission.
B.
Expenditures outside the regular budget for special
projects involving two or more of the participating member counties
or municipalities, but less than the entire Commission, shall be negotiated
and arranged separately among the involved participating members and
the Commission.
Any number of members of the Commission shall
have the right to meet at regularly scheduled meetings. Any action
taken involving the expenditure of funds, other than clerical and
mailing connected with the usual business of the Commission, shall
be adopted only at a meeting at which there are at least three representatives,
regardless of the total number of counties represented thereby, and
at least nine municipal representatives, regardless of the total number
of municipalities represented thereby.
Each member municipality and county reserves
the right, pursuant to Section 2d of said Chapter 316, Laws of 1971,
to withdraw from the Commission; provided, however, that at least
90 days' notice of such intention is given to the Commission, and
provided, further, that such withdrawal, after the adoption of the
Commission's budget for a given year, shall not abrogate the responsibility
of the municipality or county to meet its obligations under the budget
for such year.
[Amended 5-5-2003 by Ord.
No. 03.20]
The Mayor of the Borough, with the advice and
consent of the Council, shall appoint two representatives to the Commission,
one of whom may be a Councilman, and appointed officer of the Borough
or a member of the Planning Board acting as the Board of Adjustment,
and the other of whom shall hold no other public office or position.
In addition to the aforementioned representatives,
the Mayor of the Borough, with the advice and consent of the Council,
may appoint two alternate representatives to the Commission who shall
serve for the terms of one year each or until the appointment and
qualification of their successors. Such alternates shall have the
right to attend all meetings of the Commission and take part in all
discussions. The alternates shall be designated as "first alternate"
and "second alternate" and in such order may represent the Borough
and may vote in the event of the absence or disability of one or both
of the regular representatives.
Each representative shall serve for a term of
five years or until his successor has been appointed and has qualified,
except that any appointed representative who holds another elected
or appointed public office shall serve as such representative only
so long as he shall hold such other elected or appointed public office,
notwithstanding his term of appointment as such representative. An
appointment to a vacancy caused by the death, resignation or other
inability to serve of a representative shall be filled for the balance
of the term only.
