[HISTORY: Adopted by the Bloomfield Council
as indicated in article histories. Amendments noted where applicable.]
[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:
The duly elected Chair of the Township of Bloomfield Municipal
Insurance Fund Commission.
The Township of Bloomfield Municipal Insurance Fund Commission.
Any properly chosen member of the Township of Bloomfield
Municipal Insurance Fund Commission.
The duly elected members of the Township Council of the Township
of Bloomfield.
The Township of Bloomfield Municipal Insurance Fund.
The duly elected Mayor of the Township of Bloomfield.
Any department head or division head employed by the Township
of Bloomfield and the Mayor and members of the Township Council.
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.
Each Commissioner shall hold office for a term of
two years or for the remainder of their term of office as an official,
whichever is less, and until their 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 Chair 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 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.
The terms of office for members of the Open Space Trust Committee
shall be as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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:
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. 10:4-6 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.
