Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bloomfield Council as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Defense and indemnification — See Ch. 16.
Fire insurance claims — See Ch. 233.
[Adopted 3-3-1986 (Ch. 31 of the 1987 Code)]
The Township Council has recognized that there is an insurance crisis within the State of New Jersey with respect to municipal liability insurance coverage. Such coverage can either not be obtained at all or only obtained at prohibitive premium rates. In order to respond to the aforesaid crisis, the Township of Bloomfield desires to create a municipal insurance fund pursuant to authority granted it by the laws of New Jersey.
As used in this article, the following terms shall have the meanings indicated:
CHAIRMAN
The duly elected Chairman of the Township of Bloomfield Municipal Insurance Fund Commission.
COMMISSION
The Township of Bloomfield Municipal Insurance Fund Commission.
COMMISSIONER
Any properly chosen member of the Township of Bloomfield Municipal Insurance Fund Commission.
COUNCIL
The duly elected members of the Township Council of the Township of Bloomfield.
FUND
The Township of Bloomfield Municipal Insurance Fund.
MAYOR
The duly elected Mayor of the Township of Bloomfield.
OFFICIAL
Any department head or division head employed by the Township of Bloomfield and the Mayor and members of the Township Council.
SECRETARY
The duly appointed Secretary to the Township of Bloomfield Municipal Insurance Fund Commission.
There is hereby created a Municipal Insurance Fund Commission within the Township consisting of three members who shall be called "Commissioners."
Commissioners of the fund shall be appointed as follows:
A. 
One Commissioner shall be a local or elected official appointed by the Mayor.
B. 
Two Commissioners shall be local or elected officials appointed by majority vote of the Township Council.
A. 
Each Commissioner shall hold office for a term of two years or for the remainder of his or her term of office as an official, whichever is less, and until his or her successor is appointed.
B. 
Vacancies in the office of Commissioner caused by any reason other than expiration of term shall be filled for the unexpired term.
A Commissioner shall serve without compensation.
A. 
The Council shall establish with the municipal budget a fund or funds for the payment of judgments or settlements and the payment of the reasonable and necessary expenses of defending claims against the Township. The amounts of these funds shall be established yearly in each municipal budget. All unused amounts in said funds from previous budgets shall be carried over into the current municipal budget.
B. 
These funds shall be used for the following purposes:
(1) 
To insure against loss or damage caused to any property, equipment or apparatus owned by the Township or owned by or under the control of any Township department, board, agency or commission which is not otherwise insured.
(2) 
To insure against liability resulting from the use or operation of equipment or apparatus owned by or controlled by the Township or any Township department, board, agency or commission which is not otherwise insured.
(3) 
To insure against liability for the Township's negligence or that of its officers, employees and servants, whether full- or part-time, who are acting within the scope of their authority, but not including an independent contractor within the limitations of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.).
A. 
The Commissioners shall appoint a person other than themselves to serve as Secretary to the Commission at a salary to be set by ordinance or resolution, as appropriate.
B. 
The Secretary shall be entrusted with the daily operation of the fund and shall submit a report to the Commissioners at least once a month.
C. 
The Secretary shall serve at the pleasure of the Commission, and vacancies in the position shall be filled in the manner of the original appointment.
Immediately after their appointment, the Commissioners shall organize for the ensuing year and elect a Chairman from their membership who shall serve for a term of one year.
The Commissioners shall have the following powers and authority:
A. 
To invest the fund and all additions and accretions thereto in such securities as they shall deem best to maintain the integrity of the fund.
B. 
To adopt rules and regulations for the control and investment of the fund.
C. 
To keep on hand in the fund sufficient cash or securities which can immediately be converted to cash for the payment of losses.
D. 
To obtain whatever insurance coverage they can, at reasonable rates, to maintain the integrity of the fund.
[Adopted 8-5-2002 by Ord. No. 02-24 (Ch. 44 of the 1987 Code); amended in its entirety 5-4-2009 by Ord. No. 09-35]
There is hereby established an Open Space Trust Fund, which fund shall be administered by the governing body of the Township of Bloomfield.
A. 
Powers and duties. The governing body of the Township of Bloomfield is authorized, by majority vote, to make the acquisition of lands or acquisition of property or easements within the Township of Bloomfield for active and passive recreation and for conservation purposes. The governing body shall determine the amount of funds that it will make available for each acquisition.
B. 
Funding.
(1) 
There is hereby established a reserve in the Township's General Capital fund which shall be known as designated as the "Open Space Trust Fund," which shall be maintained in accordance with N.J.S.A. 40A:4-1 and N.J.S.A. 40A:5-1. A separate bank account shall be opened and maintained for this purpose. The funds from the account may be used, as directed by the governing body, for (a) acquisition of land for recreation and conservation purposes; (b) development of lands acquired for recreation and conservation purposes; (c) maintenance of lands acquired for recreation and conservation purposes; (d) payment of debt service on indebtedness issued or incurred by the Township for any of the purposes set forth above. The funds from the account may also be used to acquire land which has improvements on it at the time of acquisition, provided that the principal purpose of the acquisition is to preserve open space. In the event that the governing body shall find it appropriate to apportion the cost of acquisition between open space and improvement, it may do so and charge the Open Space Trust Fund for the approximate value that the governing body deems relative to open space and the Township's capital account for the value that it determines attributable to improvements. Furthermore, the Mayor and Council hereby determine to allocate an amount not to exceed $500,000 for development of the property commonly referred to as Lion Gate Estates located on Lots 130, 131 and 132, Block 792.
[Amended 10-15-2012 by Ord. No. 12-62]
(2) 
Effective January 1, 2013, and every year after, the Open Space Trust Fund shall be funded through the dedication to the fund of an amount of $0.005 per $100 of assessed valuation of the annual tax levy. The Open Space Trust Fund shall also be permitted to accept donations and testamentary bequests. The monies accumulated within Open Space Trust Fund may be utilized for the acquisition of land and/or easements. Any and all interest accruing shall remain in the Open Space Trust Fund and may be utilized for the above-described purpose.
[Amended 5-2-2011 by Ord. No. 11-27; 5-7-2013 by Ord. No. 13-19]
C. 
Disposition of property or other interest in land. No property or interest in land acquired with monies from the Open Space Trust Fund shall be leased, sold or otherwise disposed of by the Township until the disposition has been authorized by the Township Council.
There is hereby established an Open Space Trust Committee, which shall consist of seven members whose terms and powers are hereinafter set forth.
The Open Space Trust Committee shall be comprised of the following persons:
A. 
One member of the Township Council of the Township of Bloomfield appointed by the Township Council.
B. 
The Engineer of the Township of Bloomfield appointed by the Township Council.
C. 
Five residents of the Township appointed by the Township Council.
A. 
The terms of office for members of the Open Space Trust Fund Committee shall be as follows:
(1) 
The member of the Township Council appointed to the Open Space Trust Committee shall have a term of one year.
(2) 
The Township Engineer shall be appointed for a term of one year.
(3) 
The balance of the members of the Committee shall be appointed by the Township Council and shall serve for a period of three years, except that the respective terms of office of the originally appointed members shall be as follows:
(a) 
Two members shall serve for terms of three years.
(b) 
Two members shall serve for terms of two years.
(c) 
One member shall serve for a term of one year.
B. 
The term of each member, except for the initial term, shall begin on the first day of January, and each member shall be appointed for a period of three years.
A. 
The powers and duties of the Open Space Trust Committee shall be limited to those enumerated herein. The Open Space Trust Committee shall serve in an advisory capacity to the Township Council of the Township of Bloomfield.
B. 
The Open Space Trust Committee shall prepare a report recommending the parcels of land which may be acquired in fee. The Committee shall also develop and maintain an updated open space and recreation plan. The Committee shall submit to the Township Council of the Township of Bloomfield the properties which it recommends that the Township acquire. The Township Council shall review the properties submitted and make a determination as to which properties, if any, are to be acquired.
C. 
After reviewing the properties referred to herein, the Township Council may proceed to acquire, by gift, purchase or by eminent domain proceedings, pursuant to N.J.S.A. 20:3-1 et seq., the identified parcels within the financial constraints established by the Township Council.
D. 
The Open Space Trust Committee shall hold public meetings, which public meetings shall be held in accordance with the Open Public Meetings Act (N.J.S.A. 104-6 et seq.), and the Committee shall give appropriate notification of said meetings.
E. 
The Open Space Trust Committee shall select from among its members a Chair and Vice Chair to serve as the presiding officer in the absence of the Chair. The Chair and Vice Chair shall serve for a period of one year, and no Chair or Vice Chair shall serve more than two year consecutive terms. The Committee shall also select a Secretary, whose function shall be to maintain minutes of the Committee's meetings and records of the proceedings of the Committee.