[1]
Editor's Note: The Borough of Lake Como operates under an
agreement with the Monmouth County Board of Health to provide health
services in the Borough.
[1973 Code § 2-9.1]
There is established in the Borough a local Board of Health,
pursuant to N.J.S.A. 26:3-1.
[1973 Code § 2-9.1]
The Board of Health shall be composed of five (5) members. Each
member shall serve a term of three (3) years; provided that if a vacancy
occurs other than expiration of a term, it shall be filled in the
same manner in which the original appointments were made, but for
the unexpired term only.
[Ord. No. 92-565 § 1]
The Borough of Lake Como Environmental Commission is hereby
established pursuant to N.J.S.A. 40:56A-1 to 40:56A-12 as amended
by Chapter 35, P.L. 1972, Chapter 334, P.L. 1975, Chapter 168, P.L.
1989.
[Ord. No. 92-565 § 2]
A Commission shall consist of five (5) to seven (7) members
appointed by the Mayor, one (1) of whom shall also be a member of
the Planning Board and all of whom shall be residents of the Borough.
The members shall serve without compensation except as hereinafter
provided. The Mayor shall designate one (1) of the members to serve
as Chairman and presiding officer of the Commission. Members shall
be appointed for terms of three (3) years and until the appointment
and qualification of their successors.
The Mayor or Governing Body may remove any member of the Commission
for cause, on written charges served upon the member and after the
hearing thereon at which the member shall be entitled to be heard
in person or by counsel. A vacancy on the Commission occurring other
than expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment.
[Ord. No. 92-565 § 2]
a.
The Governing Body may appoint not more than two (2) alternate members,
to be designated "Alternate No. 1" and "Alternate No. 2."
b.
The terms of the alternate members shall be for two (2) years. A
vacancy occurring otherwise than by expiration of term shall be filled
by the appointing authority for the unexpired term only.
c.
An alternate member shall not be permitted to act on any matter in
which he has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the Governing Body for cause.
d.
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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 is to vote, Alternate No.
1 shall vote first.
[Ord. No. 92-565 § 3]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
territorial limits of the Borough of Lake Como. The Commission shall
have the power to conduct research into the use of open land areas
of the municipality and may coordinate the activities of unofficial
bodies organized for similar purposes, and may advertise, prepare,
print, and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It shall keep
an index of all open areas, publicly or privately owned, including
open marshland, swamps and other wetlands, in order to obtain information
on the proper use of such areas and may recommend to the Planning
Board plans and programs for inclusion in the Master Plan and the
development and use of such areas.
[Ord. No. 92-565 § 4]
The Environmental Commission may, subject to the approval of
the Governing Body, acquire property, both real and personal, in the
name of the municipality by gift, purchase, grant, bequest, devise
or lease for any of its purposes and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development
right, easement (including conservation easement), covenant or other
contractual right (including a conveyance on condition or with limitations
or reversions), as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open spaces and other land and water areas in the municipality.
[Ord. No. 92-565 § 5]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Governing Body.
[Ord. No. 92-565 § 6]
The Commission may appoint such clerks and other employees and
incur such expenses as it may require providing the same shall be
within the limits of funds appropriated to it by the Governing Body
or otherwise available to it.
[Ord. No. 92-565 § 7]
The Environmental Commission shall have power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.
[Ord. No. 94-595]
Pursuant to N.J.S.A. 10:5-1(c), there is hereby established
the Joint Human Relations Commission of the Borough of Lake Como and
the Borough of Belmar. The Commission shall consist of the following
at-large members, who will be members by virtue of their position;
the Chief of Police from each municipality; the Superintendent of
the Belmar School District; a representative from the Council of Churches
and a representative from the Belmar Chamber of Commerce. In addition,
the Commission shall consist of five (5) members from each respective
municipality, one (1) of whom shall be under the age of twenty-one
(21) years, appointed by the Mayor of each respective municipality,
who shall be residents of the Boroughs of Lake Como and Belmar, respectively,
and shall serve without compensation. The first commissioners, appointed
within sixty (60) days after the effective date of this chapter, shall
serve from the date of their appointment and for the respective periods
of one (1) through five (5) years, beginning on January 1 next succeeding
such appointment. The term of each Commissioner shall be designated
on his appointment. All subsequent appointments, except to fill vacancies,
shall be for the full term of five (5) years, to take effect on January
1 of the first year of the term.
Any vacancy caused by death, resignation or removal of any Commissioner
shall be filled by the Mayor of the municipality of which the Commissioner
was a resident for the unexpired term.
[Ord. No. 94-595]
The Joint Human Relations Commission shall organize within thirty
(30) days after the appointment of its total membership for the remainder
of the then calendar year, and thereafter annually, and at each organization
meeting shall elect one (1) of its members as Chairman, and appoint
a secretary and a treasurer, from among the members of the Commission.
[Ord. No. 94-595]
The Joint Human Relations Commission shall have the following
powers and duties:
a.
Fostering through community effort or otherwise, good will, cooperation
and conciliation among the groups and elements of the inhabitants
of the Boroughs of Lake Como and Belmar.
b.
Making recommendations to the Governing Bodies of the Boroughs of
Lake Como and Belmar for the development of policies and procedures
in general and for programs of formal and informal education that
will aid in eliminating all types of discrimination based on race,
creed, color, national origin, ancestry, age, marital status, sex,
sexual orientation or physical capabilities.
c.
Adopting by-laws, subject to the approval of the Mayors of the respective
municipalities, establishing the procedures governing the operation
of the Joint Human Relations Commission.
d.
Reporting at least annually to the Governing Bodies of the Boroughs
of Lake Como and Belmar.
[Ord. No. 98-651 § 1;
amended 6-5-2019 by Ord. No. 2019-940]
The Borough of Lake Como hereby enacts the Tourist Development Commission Ordinance (hereinafter referred to as "this section") and authorizes the Borough to impose the additional assessment described in Subsection 2-43.6 of this section to any fee imposed upon a license issued by the Borough, pursuant to N.J.S.A. § 40:52-7. The section shall be enacted to establish a Tourist Development Commission to regulate the fund described in Subsection 2-43.4 of this section.
[Ord. No. 98-651 § 2;
amended 6-5-2019 by Ord. No. 2019-940]
a.
In order for the Borough to implement the provisions of this section, a Tourist Development Commission shall be established pursuant to N.J.S.A. § 40:54C-1 and it shall be known as "The Borough of Lake Como Tourist Development Commission" (hereinafter referred to as the "Commission"). The Commission shall constitute an agency and instrumentality of the Borough and it shall consist of five members who shall be appointed by resolution of the governing body, one of whom shall be a representative of the Borough and shall be responsible for advising the governing body of the Commission's work. The other four Commission members shall consist of licensees upon whom the Borough shall impose the additional assessment described in Subsection 2-43.6. In the event that the Borough issues a license in the name of a corporation or partnership or other legal entity, the governing body shall be permitted to appoint, by resolution, a representative of the entity.
b.
The Commission member representing the Borough shall serve at the
governing body's pleasure. The terms of office of the other four Commission
members shall be two years, except those Commission members initially
appointed, of whom two shall be appointed for terms of one year and
the other two Commission members shall be appointed for terms of two
years.
c.
In the event that the Commission has a vacancy, for a reason other
than by expiration of a Commission member's term, the governing body
shall appoint another Commission member for the unexpired term.
d.
The Commission members shall serve without compensation in the performance
of their responsibilities.
e.
The governing body shall determine whether disbursements from the fund described in Subsection 2-43.4 were for the stated purpose provided in Subsection 2-43.5. In the event that the governing body determines that disbursements were not made pursuant to Subsection 2-43.5, it may remove any or all members of the Commission by resolution providing the reasons for the removal.
f.
The Commission shall be considered a "contracting unit" pursuant
to the "Local Public Contracts Law" N.J.S.A. 40A:11-1 and subject
to its provisions. The provisions of the "Local Public Contracts Law"
to the contrary notwithstanding, the purchase of or the contracting
for advertisements in periodicals, on the radio, television or cable
television, by the Commission shall be exempt from public bidding
provided that, in awarding a contract for such advertisements, the
Commission shall in each instance:
1.
Provide in the resolution awarding the contract the supporting reasons
for its action;
2.
Publish in a newspaper authorized by the Commission to publish the
legal advertisements, a brief notice stating the nature, duration,
service and amount of the contract; and
3.
Maintain and make available for public inspection a copy of the resolution
and contract.
g.
The Commission shall be considered a "public body" for the purpose
of complying with the "Open Public Meetings Act" at N.J.S.A. 10:4-6
and it is subject to the provisions thereof.
h.
The Commission shall be considered "local government officers" for
the purpose of complying with the "Local Government Ethics Law" at
N.J.S.A. 40A:9-22.1 and it is subject to the provisions thereof.
[Ord. No. 98-651 § 3;
amended 6-5-2019 by Ord. No. 2019-940]
a.
The Commission shall, within 15 days after its appointment, organize
and hold its first meeting, fix its hours and place of meeting, and
adopt rules for the conduct of its business as it may deem appropriate,
and may select from among its members a Chairperson to preside over
its meetings.
b.
A majority of the members of the Commission shall constitute a quorum
for the transaction of business.
c.
The Commission shall designate a location and a person for the public
to contact to enable information to be obtained or to inspect the
Commission's records during regular business hours.
[Ord. No. 98-651 § 4;
amended 6-5-2019 by Ord. No. 2019-940]
a.
Pursuant to N.J.S.A. 40:52-8, the Borough shall create a fund to be held by the Commission. The fund shall be the exclusive repository of all revenues collected by the Borough as described in Subsection 2-43.6.
c.
Any revenues received by the Borough on behalf of the Commission
shall be treated as dedicated revenue pursuant to N.J.S.A. 40A:4-30.
d.
The Chief Financial Officer of the Borough shall serve as the custodian
of the fund and shall maintain the necessary financial records required
by the Director of the Division of Local Government Services in the
Department of Community Affairs pursuant to N.J.S.A. 52:27BB-8.
[Ord. No. 98-651 § 5;
amended 6-5-2019 by Ord. No. 2019-940]
The Commission shall have exclusive authority to disburse all revenues allocated to the fund described in Subsection 2-43.4. The Commission shall expend the revenues in the fund described in Subsection 2-43.4 in the manner it deems advisable for the purpose of publicizing and otherwise promoting the Borough in order to attract tourism, pursuant to N.J.S.A. 40:54C-3.
[Ord. No. 98-651 § 6;
amended 6-5-2019 by Ord. No. 2019-940]
a.
The amount of the additional assessment imposed on any one license
shall be $50.
b.
The Commission shall impose the additional assessment upon licensing
fees of any individuals who obtained a license for:
1.
Selling goods or services;
2.
Soliciting business or offering goods or services for sale or for
hire;
3.
Using any vehicle, machine, or device on any premises in the Borough
for business purposes;
4.
Using or permitting the use of any premises in the Borough as a hotel,
boarding house, rooming house, lodging house, or rents, lets, or leases,
any furnished or unfurnished housing or living unit for temporary
or seasonal residential purposes.
[Ord. No. 98-651 § 7;
amended 6-5-2019 by Ord. No. 2019-940]
The Commission shall maintain records of its meetings, activities, and expenditures. The governing body, at any time, may request the Commission to provide a report based on its records. However, the Commission shall provide the governing body with a report on an annual basis. In the event that the governing body determines that disbursements were not in accord with the purpose described in Subsection 2-43.5, the governing body shall take the appropriate actions as described in Subsection 2-43.2e.
[Ord. No. 98-651 § 8;
amended 6-5-2019 by Ord. No. 2019-940]
The Commission may act jointly with any other commission created under N.J.S.A. 40:54C-1 in any other municipality in furtherance of the purpose described in Subsection 2-43.5.
[Ord. No. 98-651 § 9;
amended 6-5-2019 by Ord. No. 2019-940]
This Commission established by an ordinance pursuant to N.J.S.A.
40:52-7 in furtherance of the ten-year Master Plan for the growth
of tourism pursuant to the "Division of Travel and Tourism Act" under
N.J.S.A. 34:1A-52 may:
a.
Apply for, receive, and accept from the United States, from the State, or any other public or private source, contributions or donations of money, property, labor or other things of value, to be held, used and applied for, or, in aid of, the Commission's authorized purposes as described in Subsection 2-43.5 of the section;
b.
Make grants of money, property, or personal services to any person,
business, or organization engaged in the tourist industry upon the
terms and conditions as the Commission may prescribe; and
c.
Enter into any and all agreements or contracts, execute any and all
instruments, and do and perform any and all acts necessary or convenient
for the purpose of the Commission to carry out any power, function,
or terms duly exercised thereby.
[Ord. No. 98-651 § 10]
The Commission shall prepare an annual report concerning and addressing its activities and records, as provided under subsection 2-43.7 to the Mayor and Council.
[Ord. No. 98-651 § 11]
The Commission shall procure the additional assessment described under subsection 2-43.6 pursuant to the manner set forth in the Mercantile Licensing Ordinance (Section 4-1).
The additional assessment described under subsection 2-43.6 shall be paid to the Department of Code Enforcement.
[Ord. No. 98-651 § 12]
The Commission shall, by resolution, create an advisory council
which shall fairly represent each category of individuals, corporations,
or partnerships paying the assessment fee. The advisory council may
make recommendations to the Commission. Any recommendation made by
the advisory council shall not have a binding effect upon the Commission.
