[Amended by Ord. No. 1333-92 § 2-8; Ord. No. 1481-96; 7-23-2019 by Ord. No. 2332-19]
A. Regular meetings. The Council shall hold regular meetings on the
first and third Tuesday of each month at 6:30 p.m., and during the
months of June, July and August the Council meetings will commence
at 6:00 p.m., except that Council may, by resolution, reschedule the
meeting within the same month. All regular meetings of the Council
shall be held in the Municipal Building of the Township.
[Amended 7-23-2019 by Ord. No. 2333-19]
B. Special meetings. The Mayor, whenever he deems it in the public interest,
may, and upon request in writing of a majority of the Council, shall
call a special meeting of the Council. A request by the Councilmen
or Mayor for a special meeting shall state the time and purpose of
the meeting and no other business may be considered. The Mayor shall
deliver the call for a special meeting to the Municipal Clerk who
shall forthwith deliver copies thereof to each Councilman at his residence
or at such place as he may designate in advance. Except in the case
of an emergency, special meetings shall be held within the Township
and may not be called upon less than two days' notice.
C. Adjourned meetings. An adjourned meeting shall be considered a continuation
of the preceding meeting and the business of the Council shall be
resumed where it was left at the adjournment.
D. Public meetings. All regular and special meetings of the Council
shall be open to the public. The Manager, Attorney, Clerk and such
other municipal officers and employees as may be required by general
or special order of the Council shall attend regular meetings of Council.
E. Executive meetings. The Council is permitted to hold private, executive
meetings to the extent provided by state law. Such meetings are not
open to the public due to the sensitive nature of the subject matter.
Minutes will be taken at such meetings and will be released to the
public at the earliest practical date in accordance with state law.
[Amended 11-1-2011 by Ord. No. 2113-11; 7-23-2019 by Ord. No. 2332-19]
A. At 12:00 noon on the first day of January following each election
of Councilmembers, the Municipal Council shall assemble at Township
Hall, organize and elect one of the Councilmembers Mayor of the Township.
The Mayor shall be chosen by ballot by majority vote of all members
of the Council. If the members shall be unable, within five ballots
to be taken within two days of the organization meeting, to elect
a Mayor, then the member who, in the last election for members of
the Municipal Council, received the greatest number of votes shall
be the Mayor. Should such person decline to accept the office, then
the person receiving the next highest vote shall be the Mayor and
so on until the office is filled.
B. Vacancies in the office of the Mayor shall be filled by the Council
for the remainder of the unexpired term.
C. The Mayor shall preside at all meetings of the Council and shall
have a voice and vote in its proceedings. All bonds, notes, contracts
and written obligations of the Municipality shall be executed on its
behalf by the Mayor or, in the event of his absence or temporary disability,
by such Councilperson as the Township Council shall designate to act
as Mayor during the Mayor's absence or disability. The powers and
duties of the Mayor shall be only such as are expressly conferred
upon him by the Charter.
D. The Mayor is authorized to approve or disapprove bingo and raffle
applications for and on behalf of the Council pursuant to the state
statute.
Whenever the public interest shall be better served by the conduct
of any meeting of Council at a place within the Township, other than
the Municipal Building, and upon reasonable notice to the public under
the circumstances, Council may designate another public place suitable
for the conduct of a public meeting. In the event of an emergency,
the failure to provide notice of such a decision shall not be grounds
for invalidating the proceedings conducted at such alternate site.
[Amended by Ord. No. 1364-93 § 2-10]
A. Ordinances and resolutions.
(1) Preparation of ordinances. Ordinances shall be prepared for presentation
to the Council upon the request of a Councilman, or of majority vote
of the Council, or requested in writing by the Manager.
(2) Prior review by administrative staff. All ordinances, resolutions
and contract documents, before presentation to the Council shall:
(a)
Have been approved as to form and legality by the Township Attorney
or his authorized representative; and
(b)
Have been examined as to administrative consideration by the
Manager or his authorized representative.
(3) The Manager shall submit to the Council a written memorandum concerning
the administrative aspects of each ordinance, resolution and contract
unless he shall advise the Council that no administrative questions
are involved. Each administrative memorandum may include the specific
comments and recommendations of the Director concerned with the subject
of the memorandum.
(4) Introduction for passage or approval.
(a)
Ordinances, resolutions and other matters or subjects requiring
action by the Council shall be introduced and sponsored by a member
of the Council; except that the Manager or Attorney may present ordinances,
resolutions and other matters or subjects to the Council and any Councilperson
may assume sponsorship thereof by moving that such ordinances, resolutions,
matters or subjects be adopted; otherwise, they shall not be considered.
(b)
Ordinances and resolutions shall be called up for action on
motion of a member of the Council.
(c)
Upon introduction, an ordinance shall be properly published
in the manner required by general law and must be subject to a public
hearing before it can be adopted. No ordinance shall take effect less
than 20 days after its final passage by Council, unless the Council
shall adopt a resolution declaring an emergency and at least 2/3 of
all the members of the Council vote in favor of such resolution.
(d)
Resolutions and awarding of bids, unless laid over by a majority
vote of the Council, shall be acted upon the day of introduction or
presentation. The public shall have an opportunity to be heard before
any bid is awarded.
B. Contracts.
(1) Township Council as contracting unit. Unless otherwise expressly
provided herein, by ordinance or by law, the Township Council shall,
as the governing body, constitute the sole and exclusive contracting
unit of the Township as such is defined in N.J.S.A. 40A:11-2, and
no other board, commission, committee, officer, department, branch
or agency of the Township (hereafter "board") shall have any power
or authority to enter into, commit or bind the Township to any contract,
obligation or commitment (hereafter "contract"), or contract to incur
any liability or expend any money whatsoever, whether for the performance
of work or furnishing materials or otherwise.
(2) Appropriation required; compliance with section. No contract shall
be entered into, nor any liability incurred nor any money expended:
(a)
For which no appropriation has been provided, or in excess of
the amount appropriated, as provided by law; or
(b)
Except in strict accordance with the provisions of this subsection;
(c)
Any contract or commitment made in violation of the foregoing
shall be null and void and no moneys shall be paid thereon.
(3) Contracts under the amount authorized in N.J.S.A. 40A:11-2 of the
Local Public Contracts Law.
(a)
The Township Manager shall, subject to appropriations authorization
as provided by law, have the authority, acting alone, to enter into
any contract or agreement or otherwise incur any liability or expend
money on behalf of the Township:
[1]
For the performance of any work or the furnishing or hiring
of materials or supplies if the cost or price does not exceed in the
aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local
Public Contracts Law in the fiscal year, and is thus exempt from public
advertising for bids and bidding therefor, all in strict accordance
with the criteria for such exemption set forth in N.J.S.A. 40A:11-3;
and
[2]
For all other types of purchases, contracts or agreements which may be exempt from public advertising for bids and bidding therefor as provided in N.J.S.A. 40A:11-5; provided, the liability incurred or money expended or to be expended does not exceed in the aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law in the fiscal year, as provided for under the criteria in Subsection
B(3)(a) above.
(b)
All contracts authorized in this Subsection
B(3) shall be in writing, approved in advance as to form by the Township Attorney, and shall be entered into by the Manager either: (a) on the Manager's own initiative or upon direction of the Township Council, or (b) upon the written request submitted on behalf of any board or officer of the Township. If submitted to the Manager in accordance with paragraph (b) hereof by any board or officer, and in accordance with appropriation authorization, it shall be entered into by the Manager within two weeks after receipt of such submission, or by the next succeeding regular meeting of the Township Council, whichever event later occurs, failing which for any reason the request shall be referred by the Manager to the Township Council, together with a full report and recommendation thereof, and the Township Council shall thereupon assume complete jurisdiction over disposition thereof.
(c)
The contracts entered into by the Manager pursuant to this Subsection
B(3) need not previously be presented to the Township Council in accordance with Subsection
A(2) above, but full itemized reports of all such contracts shall be rendered to the Township Council for all such contracts entered into during the preceding calendar month not later than the second regular meeting of the Township Council in the following month.
(4) Contracts over the amount authorized in N.J.S.A. 40A:11-2 of the
Local Public Contracts Law.
(a)
The Mayor and Municipal Clerk shall, subject to appropriations
authorization as provided by law, and upon approval by resolution
of the Township Council, have the authority to enter into any contract
or agreement or otherwise incur any liability or expend money on behalf
of the following:
[1]
For the performance of any work or the furnishing or hiring
of material or supplies if the cost or price exceeds in the aggregate
the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts
Law in the fiscal year, and is thus subject to the requirements for
public advertising for bids and bidding therefor, all as set forth
in and in strict accordance with the criteria for such requirements
set forth in N.J.S.A. 40A:11-4; and
[2]
For all other types of purchases, contracts or agreements which may be exempt from public advertising for bids and bidding therefor as provided in N.J.S.A. 40A:11-5; provided, the liability incurred or money expended or to be expended exceeds in the aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law in the fiscal year, as provided for under the criteria in Subsection
B(4)(a) above.
(b)
All contracts authorized in this Subsection
B(4) shall, before presentation to the Township Council, be in writing, and shall have been approved in advance as to form and legality by the Township Attorney and shall have been examined as to administrative consideration by the Manager or his authorized representative, who shall otherwise comply with all the requirements of §§
10-11A(2), above, and
10-29D of this Code. Such contracts may be initiated either: (a) on the Township Council's own initiative, (b) on the Manager's own initiative, or (c) upon the written request submitted on behalf of any board or officer of the Township. If submitted to the Manager in accordance with paragraph (c) by any board or officer, and in accordance with appropriation authorization, it shall be prepared and transmitted to the Township Council by the Manager within two weeks after receipt of such submission, or by the next succeeding regular meeting of the Township Council, whichever event later occurs, in compliance with §§
10-11A(2), above, and
10-29D of this Code.
(5) Purpose. The purpose of this subsection shall be deemed to be solely
the administrative and budgetary coordination of all contracting authority
by the Township in order to better effectuate and consolidate implementation
of the requirements of the Local Budget Law, N.J.S.A. 40a:4-1 et seq.,
and the Local Public Contracts Law, N.J.S.A. 40a:11-1 et seq., but
nothing herein shall be construed to impair or affect: (a) the right
of any board or officer to select its own staff, as provided by ordinance
or by law; (b) the right of any board or officer to act separately
as an independent "contracting unit" if and to the extent expressly
so provided by ordinance or by law; or (c) the independent functions
of any board or officer in carrying out its duties as provided by
ordinance or by law.
(6) Petty cash. Notwithstanding any other provision hereof to the contrary,
the Township Council may by resolution, from time to time, in its
discretion establish and fund petty cash accounts and establish procedures
for the disbursement of funds therein by such board or officer in
such amounts and in such manner as may be prescribed by such resolution
in accordance with law.
Pursuant to N.J.S.A. 40:69A-91, the Council and its members
will deal with administrative officers and employees solely through
the Manager, and may not give orders to any of the Manager's subordinates,
either publicly or privately, except as may be otherwise required
in the event of a legislative investigation pursuant to the Charter.
The Mayor shall be the presiding officer of the Council, and
the Chairman Pro-Tempore may preside as otherwise provided by this
chapter. The Presiding Officer may vote on all questions, his name
being called last.
[Amended by Ord. No. 1454-96; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
A. Call to order.
(1) The Mayor shall take the chair at the hour appointed for the meeting,
and shall immediately call the Council to order.
(2) In the absence of the Mayor, the Municipal Clerk shall call the Council
to order. The Clerk shall then determine whether a quorum is present
and in the event a quorum is present call for the election of a Chairman
Pro Tempore. Upon the appearance of the Mayor the Chairman Pro Tempore
shall forthwith relinquish the chair upon the conclusion of the business
immediately before the Council.
B. Roll call. At the beginning of each meeting of the Council, the Municipal
Clerk shall call the roll of the members in alphabetical order, and
the names of those present shall be entered in the minutes. If any
member appears after the roll call, the Clerk shall enter in the minutes
the time of attendance of such member.
C. Quorum. A majority of the whole number of members of the Council
shall constitute a quorum. If a quorum is not present within 30 minutes
after the hour appointed for the meeting of the Council, the person
presiding may thereupon adjourn the meeting until the next day unless
by unanimous agreement those members present select another hour or
day. The names of the members present and their action at such meeting
shall be recorded in the minutes by the Municipal Clerk.
D. Order of business. At each regular meeting of the Council, the order
of business shall be as follows:
[Amended 1-22-2013 by Ord. No. 2147-13]
(1) Mayor's Welcome and Statement of Proper Notice.
(4) Special Proclamations, Recognitions and Presentations.
(5) Public Participation - five-minute limitation per speaker.
(6) Review and Revision of Agenda.
(7) Adoption of Minutes of Previous Meetings.
(8) Awarding and/or Rejecting of Bids*.
(9) Introduction of Ordinances.
(16)
Public Participation - three-minute limitation per speaker.
(18)
Council Initiatives and Liaison Reports.
(20)
Executive Session (if authorized).
All communications, documents and correspondence regarding any
business of the Township which is addressed to the Mayor or to any
member of Council shall be distributed to all other Council members
upon receipt. The date and time of distribution to the Mayor and Council
members shall be stamped upon the communications, documents and correspondence
by the Municipal Clerk.
Unless a reading of the minutes of a Council meeting is requested
by a majority of the Council, such minutes when signed by the Mayor
and the Municipal Clerk may be approved without reading; provided
that the Clerk, at least three full working days preceding the day
of the meeting, shall deliver a copy thereof to each member of the
Council.
The Chief of Police or such members of the Police Department
as he may designate shall be the sergeant-at-arms of the Council meetings.
He shall carry out all orders and instructions given by the Presiding
Officer for the purpose of maintaining order and decorum at the Council
meetings.
To the extent not inconsistent with this chapter or with the
Charter, Robert's Rules of Order shall govern the meetings and proceedings
of the Council.
Any of the rules of procedure of the Council may be suspended
by unanimous consent of the Council members present.