[Ord. No. 298 § 1;
New]
Any person claiming payment from the Borough shall first submit
a detailed statement of the items or demand necessitating such 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 from a designated Borough employee, having personal
knowledge of the facts that the goods have been received by, or the
services rendered to the Borough and that those services or goods
are consistent with an existing contract or purchase order. The Mayor
and three (3) members of Council shall sign vouchers in the designated
area authorizing payment upon their approval and then the Mayor, or
in his/her absence the Council President, may sign vouchers indicating
final payment approval. The Treasurer shall have the duty to audit,
warrant and make recommendations on all claims and bills.
[Ord. No. 298 § 2;
New]
The bill or claim duly certified shall be presented to the Finance
Officer for inclusion in the proceedings of the next immediate formal
meeting of the Governing Body and it shall be the duty of the Finance
Officer 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 Governing Body shall be
listed systematically and without preference and the list shall be
made available to every member of the Governing Body.
[Ord. No. 298 § 3;
New]
Claims shall be considered by the Borough Council which shall
approve the same, except that the Governing Body may reject any claim
presented to it, stating the reason for such rejection. Any tie votes
may be broken by vote of the Mayor. Any disapproved claim shall be
referred back to the Finance Officer with such instructions as the
Governing Body may give at time of disapproval.
[Ord. No. 298 § 4]
It shall be the duty of the Borough Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the Borough Council has by formal action approved
the same with appropriate records as to any claims disapproved or
rejected. All records pertaining to approved or disapproved bills
or claims shall be available for public inspection.
[Ord. No. 298 § 5]
The Treasurer shall make disbursements upon receipt of an order
by Borough Council, attested by the Borough Clerk. If in the event
that the Mayor vetoes the payment of any claims or bills following
the passage of the financial resolution which shall be made known
to the Council, the Chief Finance Officer may be authorized to make
payment by a vote of the Borough Council whereby at least two-thirds
(2/3) of all the Council Members present vote to override such veto
of any claim or bill.
[Ord. No. 298 § 6]
After the Clerk has certified that the claims have been approved,
he/she shall turn the same over to the Chief Finance Officer, who
shall forthwith prepare the necessary checks for the payment thereof,
which checks shall be signed by the Mayor or, in his absence, President
of the Council and thereafter signed by the Chief Finance Officer
and and/or Borough Clerk. After preparing checks for the payment of
claims, the Chief Finance Officer shall record them in proper books
of account and thereafter mail the checks to the claimants.
[Ord. No. 89-527 § 1]
The purpose of this section is to implement the provisions of
P.L. 1987, Chapter 174 to require any individual license or permit
holder owning real property to bring up-to-date any overdue real property
taxes and water/sewer payments in order to receive the reissuance
of a license or permit. Additionally, this section shall provide for
the revocation of any license or permit in accordance with the provisions
of Chapter 174 of the New Jersey Statutes.
[Ord. No. 89-527 § 2; Ord. No. 2009-839]
Prior to the issuance or renewal of any license, permit or Certificate
of Inspection,[1] the applicant, if he/she is the owner of the real property
where the business or activity for which the license or permit is
sought or wherein the business or activity is to be conducted, shall
be required to pay any and all delinquent real estate taxes and water/sewer
charges upon the property.
[Ord. No. 89-527 § 3]
The owner of the real property upon which the business or activity
is located shall have his or her license or permit revoked in the
event that the individual, corporation or partnership has failed to
pay the taxes and/or water/sewer charges on the property for at least
three (3) consecutive quarters. Upon payment of the delinquent taxes,
water/sewer or assessments, the license or permit shall be restored.
[Ord. No. 89-527 § 3]
Nonapplicability shall not apply to the New Jersey Alcoholic
Beverage Licenses or Permits issued pursuant to the "Alcoholic Beverage
Control Act" N.J.S.A. 33:1-1 et seq.
[Ord. No. 96-634; Ord. No. 2004-739]
All current and active members in good standing of the Lake
Como Fire Company #1, Exempt Firefighters and the Fire Department
Auxiliary and all current and active members in good standing of the
Lake Como First Aid Squad and Life members of the Fire and First Aid
Departments shall be exempt, to the maximum allowed, from the payment
of the following fees for the municipal portion only. Any such member
who is entitled to this exemption, may claim a maximum exemption up
to two hundred fifty ($250) dollars annually; however, that member
shall be required to pay any portion of the fee which is forwarded
to another government agency. The municipal portion of the following
list may be waived: dog licenses, mercantile application and license
(to a maximum of two hundred fifty ($250) dollars, raffle license,
vital statistics certificates and licenses, construction code permits
including building, fire, plumbing permits (to a maximum of two hundred
fifty ($250) dollars for property which is owned by him), special
events permit, two hundred (200) foot list, water connection, water
disconnection, bulk pickup (to a maximum of ten ($10) dollars per
pickup); fee for the use of the Gazebo.
It is the intention of this section not only to reward members
of these volunteer organizations but also to encourage members to
utilize the services offered by the municipality.
[Ord. No. 2006-784 § I]
For the purpose of this section:
shall mean any agreement whether by contract or purchase
order, whether above or below any public bid threshold that may be
established from time to time by the State of New Jersey, for the
sale of any goods or nonprofessional services to the Borough, as defined
herein, and without regard to whether the said agreement or contract
is awarded pursuant to and in accordance with the open public bidding
requirements of N.J.S.A., 40A:11-5, et seq.
shall mean any agreement or contract for the rendering of
professional services to or on behalf of the Borough, as defined herein,
and without regard to whether the said agreement or contract is awarded
pursuant to and in accordance with the open public bidding requirements
of N.J.S.A. 40A:11-5, et seq., or pursuant to a request for proposal
(RFP) process.
shall mean the Borough of Lake Como as a municipality entity,
and any elected official, municipal officer, municipal employee, or
any agent department, board or commission of the Borough of Lake Como.
shall mean other elected office campaign contribution, Lake
Como campaign contribution, County campaign contribution and/or pass
through campaign contribution as defined herein.
shall mean a certification in lieu of affidavit pursuant
to which the Chief Financial Officer shall identify with respect to
each Agreement to Purchase Goods or Services entered into by the Borough,
and prior to any payment made pursuant thereto, each and every ineligible
official with respect thereto, and shall with respect to each such
ineligible official specify the reason(s) the ineligible official
is precluded from any participation in connection with the Agreement
to Purchase Goods or Services.
shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions
or purchases of tickets, advertisements or the like, directly or indirectly,
to any County political organization or County campaign committee
fund within the County of Monmouth; the term directly or indirectly
as used herein shall further mean and include any campaign contributions
made through intermediaries or third-parties for the purpose of concealing
the source of the contribution(s).
except where described more narrowly in this section, shall
mean any governmental position which requires being elected by the
voters, without regard to whether the elected office is within or
without the Borough. A candidate for elected office shall mean a person
who has filed, or on whose behalf has been filed, a petition with
the clerk of any county, for the purpose of appearing on the ballot,
whether in a primary, general, municipal, or school board election,
for the elected office.
shall mean any person who holds a position in the Borough
of Lake Como which requires being elected by the voters of the Borough
of Lake Como.
shall mean any corporation, professional corporation, joint
venturer, general or limited partnership, trust or limited liability
company, or subsidiary or parent of any of the foregoing.
shall mean any vendor or professional vendor who has during
the preceding three-year period made campaign contributions in excess
of the limits set forth in this section.
shall mean a list of ineligible vendors maintained by the
Chief Financial Officer of the Borough in accordance with the provisions
of this section.
shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of any elected official of the Borough, or to any municipal
or party committee or political club or organization within the Borough;
the term directly or indirectly as used herein shall further mean
and include any campaign contributions made through intermediaries
or third-parties for the purpose of concealing the source of the contribution(s).
shall mean any other person who works for or holds a position
with the Borough of Lake Como other than an elected official.
shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund maintained by or on behalf
of any holder of any elected office of the Borough who is a declared
candidate for an elected office other than an elected office of the
Borough; the term directly or indirectly as used herein shall further
mean and include any campaign contribution made through intermediaries
or third parties for the purpose of concealing the source of the contribution(s).
shall mean any individual person or entity who enters into
an Agreement to Purchase Professional Services, as defined herein.
In the case of any professional vendor who is an individual person,
the term shall also include the individual's spouse, if any, and any
child living at home, as well as any entity by whom any of them are
employed or in which any of them have an ownership interest in excess
of five (5%) percent. In the case of any professional vendor who is
an entity, the term shall also include each and every principal of
the said entity who has an ownership interest in excess of five (5%)
percent in the entity, or any parent or subsidiary of the entity,
and their spouses, if any, and any child living at home; and any employee
of the professional vendor who holds a professional license to provide
professional services of the kind to be furnished pursuant to the
Agreement to Purchase Professional Services.
shall mean any individual person or entity who either negotiates,
bids or otherwise seeks to enter into an Agreement to Purchase Goods
or Services in excess of one thousand ($1,000) dollars as defined
herein. In the case of a vendor who is an individual person, the term
shall also include the individual's spouse, if any, and any child
living at home, as well as any entity by whom any of them are employed
or in which any of them have an ownership interest in excess of five
(5%) percent. In the case of any vendor who is an entity, the term
shall also include each and every principal of the said entity who
has an ownership interest in excess of five (5%) percent in the entity,
or any parent or subsidiary of the entity, and their spouses, if any,
and any child living at home.
shall mean a certification in lieu of affidavit pursuant
to which each vendor and professional vendor shall list each and every
Lake Como campaign contribution and each County campaign contribution
the vendor or professional vendor, as the case may be, has made during
the preceding three (3) years.
shall mean a certification in lieu of affidavit pursuant
to which the Chief Financial Officer shall confirm with respect to
each Agreement to Purchase Goods or Services and each Agreement to
Purchase Professional Services entered into by Borough, and prior
to any payment made pursuant thereto, that he or she has obtained
and reviewed the vendor's or professional vendor's Certification of
Eligibility, and the Ineligible Vendor List, and has determined that
the vendor or professional vendor is not in violation of the campaign
contribution restrictions set forth in this section, and is therefor
eligible to enter into, and be paid pursuant to, an Agreement to Purchase
Goods or Services or an Agreement to Purchase Professional Services.
[Ord. No. 2006-784 § II]
a.
Prohibition on Awarding Contracts for the Sale of Goods or Services
to Certain Campaign Contributors. Any other provision of law to the
contrary notwithstanding, the Borough shall not enter into:
1.
Any Agreement to Purchase Goods or Services, or make any payment
pursuant to any such agreement with any vendor that has solicited
or made any campaign contribution in excess of the limits specified
in this section, during the three-year period immediately preceding
the date of the contract or agreement, or during the term of any such
Agreement to Purchase Goods or Services;
2.
Any Agreement to Purchase Professional Services, or make any payment
pursuant to any such agreement with any professional vendor that has
solicited or made any campaign contribution in excess of the limits
of this section, during the three-year period immediately preceding
the date of the contact or agreement, or during the term of any such
Agreement to Purchase Professional Services.
b.
Limits on Political Campaign Contributions by Vendors to the Borough.
1.
No vendor shall knowingly solicit on behalf of, or make any campaign
contribution in excess of the limits specified in this section during
the pendency of any such negotiations for, or during the term of,
any Agreement to Purchase Goods or Services.
2.
No professional vendor shall knowingly solicit on behalf of, or make
any campaign contributions in excess of the limits of this section
during the pendency of any such negotiations for, or during the term
of, any Agreement to Purchase Professional Services.
c.
Vendors to Certify Their Compliance with the Borough's Restrictions
or Campaign Contributions; Obligation is Continuing.
1.
Prior to issuing any purchase order or awarding to any vendor or
Agreement to Purchase Goods and Services, or making any payment pursuant
to same, or granting any change order in connection therewith, the
Borough's Chief Financial Officer shall require that the vendor first
have submitted a Vendor's Certification of Eligibility, in language
to be approved by the Borough Attorney, in which the vendor shall
verify that it has not knowingly made any campaign contributions in
excess of the limits of this section, and that it has not otherwise
violated this section.
2.
Prior to issuing any purchase order or awarding to any professional
vendor an Agreement to Purchase Professional Services, or making any
payment pursuant to the same, or granting any change order in connection
therewith, the Borough's Chief Financial Officer shall require that
the professional vendor first have submitted a Vendor's Certification
of Eligibility, in language to be approved by the Borough Attorney,
in which the professional vendor shall verify that it has not knowingly
made any campaign contribution in excess of the limits set forth in
the section of the Borough of Lake Como, and that it has not otherwise
violated this section.
3.
The certifications required by paragraphs 1. and 2. above shall be
in addition to any other certification that may be required by any
other provision of law. The Chief Financial Officer shall keep the
original of each such Certification of Vendor Eligibility on file.
Notwithstanding anything contained herein to the contrary, the vendor
and professional vendor shall have a continuing duty to report immediately
to the Borough's Chief Financial Officer any campaign contributions
made in violation of this section that occur during any time that
an Agreement to Purchase Goods or Services or Agreement to Purchase
Professional Services is in effect, or that occur during the pendency
of any negotiations or bidding by the vendor or professional vendor
to enter into such an agreement.
d.
Vendor Who Refuses to Certify its Eligibility or Knowingly Submits a False Certification of Eligibility Shall Be Declared to be an Ineligible Vendor. In addition to such other penalties as may be provided by law, any vendor or professional vendor who, after reasonable notice of the consequences thereof, refuses or otherwise fails to provide the Certification required herein, or who knowingly files a false Vendor's Certification of Eligibility, shall be designated by the Chief Financial Officer as an ineligible vendor, and shall be promptly included on the Ineligible Vendor List maintained pursuant to subsection 2-54.2g hereof and shall thereafter be prohibited from entering into any Agreement to Purchase Goods or Services or Agreement to Purchase Professional Services, as the case may be, with the Borough, and from receiving any payment pursuant to such an agreement, until such time as the Mayor and Council of the Borough of Lake Como adopts a resolution determining that the vendor is eligible or otherwise should be paid for services rendered or goods sold to the Borough. Any vendor or professional vendor may appeal to the Mayor and Council of the Borough of Lake Como from a determination by the Chief Financial Officer that it is an ineligible vendor.
e.
Chief Financial Officer to Verify Eligibility of Vendors. Neither
the Borough of Lake Como, nor any official thereof, shall:
1.
Enter into any Agreement to Purchase Goods or Services, in an amount
that exceeds one thousand ($1,000) dollars or approve or execute any
change order with respect thereto, or make or authorize any payment
pursuant thereto, unless and until the Chief Financial Officer has
executed a Verification of Vendor Eligibility with respect to that
vendor, which Verification of Vendor Eligibility shall be appended
to or otherwise incorporated into the said Agreement to Purchase Goods
or Services, and each purchase order and voucher relating thereto;
or
2.
Enter into any Agreement to Purchase Professional Services or approve
or execute any change order with respect thereto, or make or authorize
any payment pursuant thereto, unless and until the Chief Financial
Officer has executed a Verification of Vendor Eligibility with respect
to that professional vendor, which Verification of Vendor Eligibility
shall be appended to or otherwise incorporated into the said Agreement
to Purchase Professional Services, and each purchase order and voucher
relating thereto.
f.
All Resolutions Awarding Agreements to Purchase Goods or Services
or Agreements to Purchase Professional Services, Awarding of Bids,
Approving Change Orders, or Authorizing Payments of Bills Shall Contain
a Verification of Vendor Eligibility; Borough Administrator to Publicly
Announce Same. No resolution authorizing the execution of an Agreement
to Purchase Goods or Services or an Agreement to Purchase Professional
Services, or awarding of any bid or approving any change order relating
thereto, or authorizing payment of any bill pursuant thereto, shall
be introduced or adopted by the Mayor and Council of the Borough of
Lake Como unless it contains a Verification of Vendor Eligibility
executed by the Chief Financial Officer, or his or her designee. The
Borough Administrator shall, prior to introduction of any such resolution,
first read a statement for the record advising the Borough of Lake
Como and the public that the Chief Financial Officer of the Borough
has certified that the vendor(s) or professional vendor(s) that are
the subject of the resolution are eligible vendors within the meaning
of this section.
g.
Chief Financial Officer to Maintain a List of Ineligible Vendors.
The Borough's Chief Financial Officer shall prepare and at all times
maintain a list of vendors who are, by virtue of the provisions of
this section, ineligible to enter into an Agreement to Purchase Goods
or Services or an Agreement to Purchase Professional Services with
the Borough. The Chief Financial Officer shall prepare this list based
upon information obtained from the campaign reports required to be
filed with the Election Law Enforcement Commission by or on behalf
of the candidates for the Mayor and Council of the Borough of Lake
Como, the supplemental campaign certifications to be submitted by
the candidates for elected office, pursuant to this section and information
provided by vendors and professional vendors as required herein. The
Chief Financial Officer shall update the List of Ineligible Vendors
within (5) business days of the receipt of any certifications or information
as required in this section, or of any reports or supplemental reports
of Borough of Lake Como campaign contributions, or other elected office
campaign contributions required to be filed pursuant to this section.
h.
Contributions Made Prior to the Effective Dates. Notwithstanding
any term contained herein to the contrary, no vendor or professional
vendor shall be required to report campaign contributions made prior
to the enactment of this section.[1] For the purpose of determining a vendor's eligibility
pursuant to this section, the Chief Financial Officer shall not consider
campaign contributions made prior to the enactment of this section,
and shall not consider other elected office campaign contributions
made by vendors or professional vendors prior to the enactment of
this section. Notwithstanding anything contained herein to the contrary,
no vendor or professional vendor shall be determined to be an ineligible
vendor provided that the campaign contributions they made prior to
the enactment of this section did not exceed the limits set forth
under applicable State law, and that the contributions they have made
since the enactment of this section and thereafter do not exceed the
limits set forth in this section.
[Ord. No. 2006-784 § III]
a.
ALCOHOLIC BEVERAGE LICENSEE LAKE COMO
BOROUGH
BOROUGH CAMPAIGN CONTRIBUTION
DEVELOPER, MAJOR
DEVELOPER, MINOR
DEVELOPMENT MATTER
DEVELOPMENT PROFESSIONAL
ELECTED OFFICE
ELECTED OFFICIAL
MUNICIPAL OFFICIAL or MUNICIPAL EMPLOYEE
OTHER ELECTED OFFICE CAMPAIGN CONTRIBUTION
Definitions. For the purposes of this section:
shall mean any individual or entity who owns or is negotiating
for the purpose of, or has an application pending for a license or
permit for the sale of alcoholic beverages within the Borough of Lake
Como, whether or not the license is active, or any person or entity
that is the owner of any property on which the license is currently
active, or any property to which an application is pending with the
Borough of Lake Como for the place-to-place transfer of the license.
In the case of any alcoholic beverage license who is an individual,
the term shall also include the individual's spouse, if any, and any
child living at home, as well as any entity by whom any of them are
employed or which any of them has an ownership interest in excess
of five (5%) percent. In the case of any alcoholic beverage licensee
that is an entity, the term shall also include each and every principal
who owns any interest in the said entity, or any parent or subsidiary
of the entity, and their spouses, if any, and any child living at
home; and any employee of the entity.
shall mean the Borough of Lake Como as a municipal entity,
and any elected official, municipal officer, municipal employee, or
any agent, department, board or commissioner of the Borough of Lake
Como.
shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or elected fund of any candidate for, or
holder of any elected office of the Borough, or to any municipal or
party committee or political club or organization within the Borough,
the term directly or indirectly as used herein shall further mean
and include any campaign contributions made through intermediaries
or third-parties for the purpose of concerning the source of the contribution(s).
shall mean any individual or entity who makes any application
to the Borough of Lake Como's Planning Board for any subdivision of
a property or properties into more than two (2) lots, or for major
site plan approval; or any application for any use variance approval;
or who owns or is the contract purchaser of any property that is the
subject of any such application, or who owns, or is the contract purchaser
of, a property located within a designated redevelopment area that
has been specifically designed by the Borough of Lake Como Planning
Board as being in need of redevelopment; or who engages directly or
indirectly in, negotiations with the Borough relating to, or has in
fact entered into a Master or Presumptive Redeveloper's Agreement
pursuant to any redevelopment plan or Municipal Land Use Law, or who
owns or is the contract purchaser of, any property that is the subject
of, or would directly be affected by a proposed change in zoning or
of the Master Plan, and in the case of a major developer who is an
individual, his or her spouse and any child living at home, and any
entity of which any of them are principals holding a five (5%) percent
or greater interest; and in the case of a developer that is an entity,
the term shall also include each and every principal of the said entity
who has an ownership interest in excess of five (5%) percent in the
entity, or in any parent or subsidiary of the entity, and their spouses,
if any, and any child living at home.
shall mean any individual or entity who is not a major developer,
as defined herein, but who makes any application to the Borough of
Lake Como's Planning Board for any bulk variance relief, for subdivision
of a property into not more than two (2) lots, or for conditional
use or minor site plan approval; or who owns or is the contract purchaser
of any property that is the subject of any such application; or who
owns, or is the contract purchaser of, a property located within a
designated redevelopment area but which property has not been specifically
designated as being in need of redevelopment; and in the case of a
minor developer who is an individual, his or her spouse and any child
living at home, and any entities of which any of them are principals
holding a five (5%) percent or greater interest; and in the case of
a developer that is an entity, the term shall also include each and
every principal of the said entity who has an ownership interest in
excess of five (5%) percent in the entity, or in any parent or subsidiary
of the entity, and their spouses, if any, and any child living at
home.
shall mean any application for development pending before
the Borough of Lake Como Planning Board of the Borough, any application
or proposal to change the Borough's zoning regulations or Master Plan,
or any proposed development pursuant to a redevelopment plan, or any
Master or Presumptive Redeveloper's Agreement. With respect to a major
developer, the term relating to a development matter shall mean that
the major developer is the applicant, owner or contract purchaser
of property that is the subject of an application for development
pending before the Borough of Lake Como's Planning Board, or of any
application or proposal to change the Borough's zoning regulations
or Master Plan, or is the Presumptive of Master Redeveloper, owner
or contract purchaser of property located within a designated Redevelopment
Area that has been specifically designated by the Borough of Lake
Como Planning Board as being in need of redevelopment. With respect
to a minor developer, the term relating to a development matter shall
mean that the minor developer is the applicant, owner or contract
purchaser of property that is subject of an application for redevelopment
pending before the Borough of Lake Como Planning Board. With respect
to a development professional, the term relating to a development
matter shall mean that the development professional has rendered or
is rendering professional services for a major developer in connection
with the development matter.
shall mean any licensed professional, including but not limited
to attorneys, architects, engineers, surveyors and planners, or any
entity that provides such professional services, who is representing
a minor or major developer or who has performed professional services
for a minor or major developer relating to a development matter, and
any principal owning not less than a five (5%) percent interest in
the entity.
except where described more narrowly in this section, shall
mean any governmental position which requires being elected by the
voters, without regard to whether the elected office is within or
without the Borough. A candidate for elected office shall mean a person
who has filed, or on whose behalf has been filed, a petition with
the clerk of any county, for the purpose of appearing on the ballot,
whether in a primary, general, municipal or school board election,
for an elected office.
shall mean any person who holds a position in the Borough
of Lake Como which requires being elected by the voters of the Borough
of Lake Como.
shall mean any person, other than an elected official, who
works for or holds a position with the Borough of Lake Como.
shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund maintained by or on behalf
of any holder of any elected office of the Borough who is a declared
candidate for an elected office other than an elected office of the
Borough; the term directly or indirectly as used herein shall further
mean and include any campaign contributions made through intermediaries
or third-parties for the purpose of concealing the source of the contribution(s).
b.
Disclosure of Personal Interest. Any elected official, municipal
official or municipal employee who has or may have any interest, directly
or indirectly, in any measure, indebtedness or action and who participates
in discussion with or given an official opinion of the Mayor and Council
of the Borough of Lake Como or to any municipal agency, board or authority
with respect thereto shall disclose on the records of the said Mayor
and Council or agency, board or authority the nature and extent of
such interest. Such personal interest shall be described in writing
and filed with said Borough Administrator and shall be subject to
inspection pursuant to the Open Public Records Law.
c.
Prohibited Activities.
1.
No municipal official or municipal employee shall engage in political
activity during his or her hours of duty with respect to any candidate.
2.
No elected official, municipal official or municipal employee shall
use or permit others to use the facilities of the Borough for the
preparation, storage or distribution of campaign material.
3.
Nothing in this section shall be construed to prevent an elected
official from campaigning, or engaging in political activity, at any
other time.
4.
No elected official, municipal official or municipal employee shall
use or permit others to use the facilities of the Borough for the
conduct of private business. With the approval of the Mayor and Council
Borough of Lake Como, nonprofit public-service and civic organizations
shall be allowed to use such Borough facilities as may be deemed appropriate
and as may be permitted pursuant to law.
5.
No elected official, municipal official or municipal employee shall,
without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the Borough, nor
shall be/she use such information to advance the financial or other
private interest of himself/herself or others. The Mayor and Council
of the Borough of Lake Como may, as it deems appropriate, determine
by resolution what information shall be deemed confidential for the
purpose of this subsection.
d.
Ineligibility of Elected Officials to Participate in or Vote on Specific
Matters Involving Certain Campaign Contributors.
1.
Any elected official who has received any Borough campaign contribution
or other elected office campaign contribution from any minor or major
developer in excess of the limits set forth in this section hereof
shall be ineligible to participate in discussions or negotiations
relating to, or cast any vote with respect to any development matter
relating to that minor or major developer.
2.
Any elected official who has received any Borough campaign contribution
or other elected office campaign contribution from any development
professional in excess of the limits set forth in this section hereof,
shall be eligible to participate in discussions or negotiations relating
to, or cast any vote with respect to any development matter with respect
to which the development professional has performed any professional
service.
e.
Borough of Lake Como and County Campaign Contribution Limits Affecting
Vendor Eligibility and Conflicts of Interest.
1.
Campaign contribution limits affecting the eligibility of vendors and professional vendors, pursuant to subsection 2-54.2 to enter into or be paid pursuant to Agreements to Purchase Goods or Services and Agreements to Purchase Professional Services are as follows:
(a)
The maximum combined amount of the Borough of Lake Como campaign
contributions and other elected office campaign contributions that
may be made by a vendor during any calendar year shall not exceed
three hundred ($300) dollars, and this limit shall include all contributions
made to each candidate of elected office from the same party or campaign
ticket and without regard to whether the said candidates maintain
a joint campaign account.
(b)
The maximum combined amount of the Borough of Lake Como campaign
contributions and other elected office campaign contributions that
may be made by a professional vendor during any calendar year shall
not exceed zero ($0) dollars and this limit shall include all contributions
made to each candidate for elected office from the same party or campaign
ticket and without regard to whether the said candidate maintain a
joint campaign account.
(c)
The maximum amount of County campaign contributions that may
be made by vendor or professional vendor shall not exceed two thousand
five hundred ($2,500) dollars during any calendar year to each party.
2.
Campaign contribution limits affecting the eligibility of elected
officials to participate in or vote on specific matters involving
development matter, Borough of Lake Como alcoholic beverage licensees
or other alcoholic beverage licensees, are as follows:
(a)
Any candidate for elected office who received:
(1)
A Borough of Lake Como campaign contribution in excess of three
hundred ($300) dollars from any minor developer or development professional
during a single calendar year shall have a conflict of interest, and
shall be ineligible to vote or participate in matters relating to
the said minor developer or development professional or alcoholic
beverage license as provided in this section.
(2)
Any Borough of Lake Como campaign contribution from any major
developer shall have a conflict of interest, and shall be ineligible
to vote or participate in matters relating to the said major developer
or alcoholic beverage license as provided in this section.
The limits set forth in this section shall apply jointly to
all candidates for any elected office for the same party or on the
same ticket, unless the said candidates maintain entirely separate
election fund accounts, and run entirely uncoordinated campaigns.
f.
Contributions Made Prior to the Effective Dates. Notwithstanding
any term contained herein to the contrary, no campaign contributions
made prior to the enactment of this section[1] and no other elected office campaign contributions made
prior to the enactment of this section, shall be considered in calculating
the campaign contribution limits as set forth in this section. No
elected official shall be deemed to have a conflict of interest based
upon campaign contributions received during the enactment of this
section, provided that the said campaign contributions did not exceed
the limit set forth in any State law.
g.
Reporting Obligations of Candidates for Elected Office.
1.
Each and every candidate for any elected office within the Borough
of Lake Como, and each elected official who is a candidate for elected
office shall file with the Borough Administrator a true and correct
copy of each and every campaign finance report they are required to
file with the New Jersey Elected Law Enforcement Commission, and shall
do so not later than the date that the said report is due to be filed
with the New Jersey Elections Law Enforcement Commission.
2.
In connection with each campaign report submitted to the Borough
Administrator pursuant to paragraph g1 above, each candidate for any
elected office shall attach a supplemental certification, on a form
to be provided by the Borough Administrator, pursuant to which the
candidate shall certify the following:
(a)
That he or she has personally inspected the records of contributions
made to his or her campaign accounts or election funds and the records
of contributions, if any, made to the local political club or committee
to which he or she is a member;
(b)
That the information on the attached report is, after due inquiry,
accurate in all material respects;
(c)
Identifying (1) each and every individual who either individually
or in combination with his or her spouse, or any child living in the
same household, or any corporation, professional corporation, limited
liability company or partnership of which any of them are principals
owning an interest of five (5%) percent or greater, from whom he or
she has received a Borough of Lake Como campaign contribution and/or
any other elected office campaign contribution cumulatively in excess
of three hundred ($300) dollars during that calendar year; (2) each
and every professional who has contributed in any amount; and (3)
each and every campaign contribution, regardless of amount, he or
she has received from any political action committee, County or municipal
committee or political club, or from any election fund relating to
any public question or from any election fund of any candidate for
an office or any other elected office of the Borough of Lake Como.
h.
Curing Violations; Return of Excess Contributions. Any vendor, major
developer, minor developer, or development professional may cure a
campaign contribution made in excess of the limits set forth in this
section, if, within thirty (30) days after the receipt of the campaign
contribution, the said vendor, major developer, minor development
professional, or the candidate or elected official who originally
received the said contribution, notifies the Chief Financial Officer
in writing, that it has received a reimbursement of a contribution
in excess of that allowed in this section, and by attaching a true
and correct copy of the check received in reimbursement.
[Ord. No. 2007-799]
a.
Findings. The Borough of Lake Como's economy is dependent on tourism.
The Borough's tourism website is http:WWW.LAKECOMONJ.ORG; and the
website is a resource for both business and individuals of the community.
Members of the community may wish to advertise on the website; and
members outside the community may wish to advertise on the website.
Businesses legally licensed with the Borough of Lake Como may wish
to be listed on the website to demonstrate affiliation but may not
necessarily wish to purchase advertising space.
b.
All businesses licensed with the Borough of Lake Como shall at no
cost to them be listed on the tourism website's business directory
section of the Borough if and only if they have met the satisfaction
of their mercantile license.
c.
A separate section or sections of the tourism website shall be dedicated
to advertising and directed, designed, and provided for under the
discretion of the tourism commission.
d.
Any entity whether, private, commercial, nonprofit or otherwise wishing
to advertise on the Borough's tourism website may be permitted to
do so only in the special advertising sections provided for.
e.
The online business directory section will be reserved only for those
entities licensed with the Borough and shall not be used for advertising
purposes other than the business name, phone, fax, website, and address.
f.
Fee. Advertising space will be sold as a flat annual fee beginning
January 1st of the calendar year and expiring December 31st of the
same year. The going rate of advertising space will be for one (1)
single space as follows: one hundred twenty ($120) dollars per year
for businesses, for private individuals, and for all others (nonprofit,
government entities, or others not specified here). Additional advertising
spaces for the same entity may be purchased at the same rate for multiple
but different projects.
g.
Any proposed advertising project from any entity shall be subject
to the discretion of the Mayor and Council.
[Ord. No. 2008-825]
The policy of the Borough of Lake Como that all contractors
and subcontractors awarded bids for significant construction project
provide approved health and hospital insurance plans, approved pension
plans and approved apprentice/training program for all covered workers
and that the following guidelines, criteria and procedures are adopted.
[Ord. No. 2008-825 § 1; Ord. No. 2014-895]
a.
Bid packages for significant construction projects undertaken by
the Borough of Lake Como shall contain the following provisions:
1.
All contractors must utilize skilled workers who have successfully
completed an apprenticeship program or other craft training program
certified by the Department of Labor, Bureau of Apprenticeship and
Training. Proof of workers' course completion must be provided prior
to beginning work. As a condition of performing work on public works
contracts, the general contractor shall provide certification that
he and each subcontractor when performing work on the project shall
have on site at least one (1) employee who has successfully completed
an OSHA thirty (30) hour construction safety and health course.
[Ord. No. 2008-825 § 2]
The Borough of Lake Como, at its discretion, may refuse to award a contract request for proposal (RFP) upon filing of false information or the failure to file information required by this section. Upon an award of bid or request for proposal (RFP), the Borough of Lake Como may require further proof of compliance with the standards listed in subsection 2-56.2a1. Upon request the contractor or subcontractor will make all relevant records available to the Borough of Lake Como or its designee.
[Ord. No. 2008-825 § 3]
The Borough of Lake Como shall disqualify contractors and subcontractors
for the following reasons:
a.
For having been disbarred by any Federal, State or local government
agency or authority in the past three (3) years.
b.
Being adjudicated of being in default on any project in the past
three (3) years.
c.
For having any type of business, contracting, or trade license, registration
or other certifications suspended or revoked in the past three (3)
years.
d.
For having been cited for willful violations of Federal or State
safety laws in the past three (3) years.
e.
For having been convicted of any crime relating to the contracting
business by the final decision of a court or government agency in
the past ten (10) years.
f.
For having been found in violation of any law applicable to its contracting
business, including, but not limited to, licensing laws, tax laws,
prompt payment laws, wage and hour laws, prevailing wage laws, environmental
laws or others, where the result of such violation was the payment
of a fine, back pay damages or any other type of penalty in the amount
of one thousand ($1,000) dollars or more.
[Ord. No. 2009-834, Preamble]
The Borough of Lake Como has a compelling interest in ensuring
that all employees of entities performing any work under a contract
with the Borough of Lake Como involving public funds, or otherwise
receiving a public benefit from the Borough, are authorized and eligible
to work in the United States.
E-Verify (formerly known as the Basic Pilot/Employment Eligibility
Verification Program) is an Internet-based system operated by the
Department of Homeland Security (DHS) in partnership with the Social
Security Administration (SSA) that allows employers to verify the
employment eligibility of their newly hired employees.
E-Verify is a free program for employers and is the best means
available for determining employment eligibility of new hires and
the validity of their Social Security Numbers; and
The Borough of Lake Como desires all contractors providing any
goods and/or services to the Borough, or constructing any public works
project within the Borough, and any redevelopment entities engaging
in any designated redevelopment projects within the Borough pursuant
to an approved redevelopment agreement, to the E-Verify program to
verify the employment eligibility of all of their employees performing
any work under said contract or agreement.
[Ord. No. 2009-834 § 1]
All contractors providing any goods and/or services to the Borough,
or constructing any public works project for the Borough; any Redevelopment
Entity engaging in any designated redevelopment projects(s) pursuant
to an approved redevelopment agreement; or any development or commercial
entity receiving a direct public benefit from the Borough in the form
of a grant, loan, pilot, and or other financial incentive, are hereby
required to certify to the Borough that they have utilized the E-Verify
program to verify the employment eligibility of all their employees
performing any work under said contract, redevelopment agreement,
or related to such public benefit, and further have so required any
subcontractor(s) retained by them to also provide proof of compliance.
[Ord. No. 2009-834 § 2]
Any violation of the section shall be governed by the general penalty provision(s) of this Code. (Chapter I, Section 1-5 et seq.)
