[Ord. No. 2783]
The purpose of this section is to foster the openness of government
and provide citizens with information concerning the various appointed
municipal positions which exist within the City of Asbury Park. This
section further provides for a procedure whereby a citizen can indicate
his/her desire to serve in a particular appointed position. Finally,
this section provides for a notification process so that those citizens
who have indicated a desire to hold a position will be notified as
to when that position is under consideration for appointment, and
will ultimately be notified as to the action that was taken to fill
the position.
[Ord. No. 2783]
As used in this section:
shall mean any appointed position within the City government,
which is created either by statutory law or by ordinance or resolution.
Examples of such positions include members of any Board, Commission,
Agency or Committee of the City of Asbury Park.
shall mean the official or body which by virtue of statutory
law or by ordinance or resolution is given the authority to appoint
a person to hold a particular appointed municipal position.
[Ord. No. 2783]
The City Clerk shall cause a register of Appointed Municipal
Positions to be prepared and maintained within the City. Such register
shall be made available on the City's website and at City Hall and
shall set forth at least the following:
a.
Title of each Appointed Municipal Position;
b.
Brief description of the position's powers and duties;
c.
Any special credentials or qualifications required to hold the position;
d.
The length of term for the position;
e.
The name of the person currently holding the position, the expiration
date of his or her term, and the number of vacant seats on the Board
or Commission; and
f.
The dates/times and frequency of any meetings which the holder of
the position must attend.
[Ord. No. 2783]
The City Clerk shall maintain a current updated listing of all
existing vacancies for each Appointed Municipal Position within the
municipality. Such list shall be made available free of charge at
the City Clerk's Office and shall, in addition, be posted by the City
Clerk on a bulletin board maintained for public announcements in City
Hall.
[Ord. No. 2783]
Unless essential for the proper functioning and/or carrying on of business of the local Board, Commission, Agency or Committee upon which the vacancy has occurred, a vacancy shall not be filled for a period of thirty (30) days from its posting in order to allow interested persons time to submit applications as provided in Section 2-36.6 below.
[Ord. No. 2783]
The City Clerk shall maintain an application form to be completed
by any person interested in serving in an Appointed Municipal Position.
Such application shall, at a minimum contain the following information:
[Ord. No. 2783]
Any person interested in serving in an Appointed Municipal Position
may file an application for such position with the City Clerk. Such
application(s) may be filed at any time, whether or not the Appointed
Municipal Position sought is vacant. A person may withdraw his or
her application at any time.
[Ord. No. 2783]
The City Clerk shall maintain all filed applications in a file
or binder, segregated for each Board, Commission, Agency or Committee.
Applications shall be considered void after two (2) years unless renewed
by the applicant.
[Ord. No. 2783; New]
Prior to filling any Appointed Municipal Position, the appropriate
Appointing Authority shall review each application filed for that
position. Each person having submitted an application for an Appointed
Municipal Position under consideration to be filled shall be notified
of said vacancy. The Appointing Authority shall conduct such review,
investigation and/or interviews as the Appointing Authority deems
necessary or advisable, in its discretion. Consideration should be
given to persons currently serving as alternates to fill non-alternate
vacancies. After a decision is reached to fill a vacant Appointed
Municipal Position, all those who had submitted an application for
that position shall be notified of the Appointing Authority's decision.
[New]
All meetings of boards, commissions, committees, authorities
and other volunteer functions who meet the definition of "public body"
under N.J.S.A. 40:4-8 are subject to the New Jersey Open Public Meetings
Act, including the requirements to post and notice all meetings. Minutes
of all meetings shall be maintained and after the minutes are approved
by that body, the minutes shall be submitted to the City Clerk for
appropriate record retention. All meetings shall comply with the provisions
of N.J.S.A. 10:4-6 et seq., the Senator Byron M. Baer Open Public
Meetings Act.
Meetings of all other advisory committees and bodies, regardless
of method of appointment, who are not mandated by law to abide by
the provisions of N.J.S.A. 10:4-6 et seq., shall keep minutes of all
of their meetings showing the time and place, the members present,
the subjects considered, the actions taken, and the vote of each member.
Minutes shall be provided to the City Clerk within sixty days of the
meeting for which they were recorded.
[2000 Code § 2-36.1]
a.
There exists in the City unsanitary or unsafe dwelling accommodations,
and persons of low income are forced to reside in such unsanitary
or unsafe accommodations; and in the City there is a shortage of safe
or sanitary dwelling accommodations available at rents which persons
of low income can afford and such persons are forced to occupy overcrowded
and congested dwelling accommodations. The aforesaid conditions cause
an increase in and spread of disease and crime and constitute a menace
to the health, safety, morals, and welfare of the City residents and
impair economic values; and those conditions necessitate excessive
and disproportionate expenditures of public funds for crime prevention
and punishment, public health and safety, fire and accident protection,
and other public services and facilities.
b.
These City areas cannot be cleared, nor can the shortage of safe
and sanitary dwellings for persons of low income be relieved through
the operation of private enterprise; and the construction of housing
projects for persons of low-income, as defined in the Local Housing
Authorities Law, would therefore not be competitive with private enterprise.
c.
The clearance, replanning and reconstruction of the areas in which
unsanitary or unsafe housing conditions exist and the providing of
safe and sanitary dwelling accommodations by any public body for persons
of low income are public uses and purposes, for which public money
may be spent and private property acquired, and are government functions.
d.
It is in the public interest that work on projects for such purposes
be commenced as soon as possible in order to relieve unemployment.
[2000 Code § 2-36.2]
Pursuant to the provisions of the Local Housing Authorities
Law of the State of New Jersey, a body corporate to be known as the
Housing Authority of the City of Asbury Park is created and established.
The City Clerk shall file a certified copy of this section with the
Executive Officer of the State Housing Authority. The members of the
Authority shall be appointed pursuant to law.
[N.J.S.A. 40A:12A-1 et seq., New]
The Local Housing Authority shall consist of seven members who
shall each serve for a term of five years. Membership of the Authority
shall consist of the following: One (1) member appointed by the Commissioner
of Community Affairs, one member appointed by the Mayor, and five
(5) members appointed by the City Council. Members shall be appointed
and shall complete the requirements of N.J.S.A. 40A:12A-1 et seq.
[2000 Code § 2-36.4; New]
a.
Pursuant to the provisions of N.J.S.A. 55:14A-50 et seq. the power
previously granted to the Housing Authority of the City is herewith
amended to rescind the power to carry out redevelopment projects in
the City.
b.
The Mayor and City Council reserve to themselves the right to carry
out redevelopment projects and authorize the Mayor and Council to
act as the redevelopment entity as set forth in Law 1956, c. 211,
and other laws.
c.
The Clerk be, and hereby is, authorized and directed to serve and
file a certified copy of this subsection with the appropriate governmental
bodies, as necessary, including service of a copy of this subsection
upon the Housing Authority of the City.
[New]
Membership on the Springwood Avenue Brownfield Development Area
Steering Committee shall be appointed by the Mayor and Council. Members
shall serve for a term of five years or concurrent with their term
of office in the appropriate position. The Director of the Department
of Planning and Redevelopment shall serve as the Chairperson. The
Committee shall consist of the following appointments:
Mayor
City Manager,
Director and Planning and Redevelopment Department,
Board of Education member,
Planning Board member,
Representative from the STARS Community Development Corporation,
and
Such private and professional persons as appointed by the Mayor
and Council.
[New]
The Springwood Avenue Brownfield Development Area Steering Committee
shall pursue the goals and abide by the guidelines as stated in the
Memorandum of Understanding with the New Jersey Department of Environmental
Protection as signed by the City on January 10, 2013. The Memorandum
of Understanding may be found in the City offices.
[2000 Code § 2-21.1]
a.
The position of City Historian of the City of Asbury Park is hereby
established pursuant to N.J.S.A. 40:10A-4.
b.
The City Historian shall serve without compensation but the Mayor
and Council may annually appropriate such funds as may be necessary
to reimburse the City Historian for expenses incurred in the performance
of the duties and responsibilities set forth in this section.
c.
The City Historian shall be appointed by the City Manager and shall
report to and be under the City Manager's supervision.
[2000 Code § 2-21.2]
Pursuant to N.J.S.A. 40:10A-7, the powers and responsibilities
of the City Historian shall be as follows:
a.
To carry out an historical program, including, but not restricted
to, collecting, preserving and making available materials relating
to the history of the City of Asbury Park. The historian shall store
such materials in such manner as to insure their preservation, and
shall notify the State Archivist, New Jersey Historical Commission,
county local historian and local governing body of any materials which
should be acquired for preservation. Upon leaving the position, the
City Historian shall turn over all materials and records and reports
into the possession of the successor, if then appointed, or to the
governing body until a successor shall be appointed;
b.
The local historian shall make an annual report to the City Manager
and the Mayor and Council of the City of Asbury Park stating all the
work performed and accomplished during that year. The City Historian
shall transmit a copy of such report to the New Jersey Historical
Commission. The New Jersey Historical Commission may advise the City
Historian of general guidelines along which their historical program
may be implemented;
c.
The City Historian may research, write and cause to have published
a municipal history, and may recommend appropriate historical materials
for publication;
d.
The City Historian may assist a landmark commission, as well as advise
the governing body, concerning the acquisition, administration, use
and disposition of any landmark, or historic site, including such
places in his jurisdiction included on the New Jersey Register of
Historic Places. Such advice may be furnished to the Historic Sites
Section, Department of Environmental Protection;
e.
The City Historian shall assist in projects of commemoration, including
the erection of monuments, historic markers and guide signs.
See Chapter XXX, Land Development Regulations, for the establishment
of and appointments to the Planning Board and the Zoning Board of
Adjustment.
[2000 Code § 2-41.1]
There is hereby created an Environmental/Shade Tree Commission
for the protection, development or use of the natural resources located
within the territorial limits of the City pursuant to the provisions
of N.J.S.A. 40:56A-1 et seq.
[2000 Code § 2-41.2; Ord. No. 2697]
The Commission shall consist of seven (7) regular and two (2)
alternate members appointed by the Mayor and Council. One (1) of the
regular members shall also be a member of the Planning Board. All
members shall be residents of the City and shall serve without compensation
except as hereinafter provided. The Commission shall designate one
of the regular members to serve as Chairperson and presiding officer
of the Commission. Alternate members shall be designated at the time
of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate
members shall serve during the absence or disqualification of any
regular member or members. Alternate members 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.
[2000 Code § 2-41.3; Ord. No. 2697]
The terms of office of the Commission members shall be for five
(5) years or until the appointment and qualification of their successors.
[2000 Code § 2-41.4]
The City Council may remove any members for cause, on written
charges served upon the member and after a hearing thereof at which
the member shall be entitled to be heard in person or by counsel.
A vacancy on the Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[2000 Code § 2-41.5]
The Commission shall have the following powers, notwithstanding
the provisions of N.J.S.A. 40:56A-1 et seq.
a.
Promote the conservation and development of the natural resources
and environment of the City.
b.
Plan, implement, and inform the public about local environmental
problems.
c.
Conduct research into the use and development of lands in the City,
and coordinate the activities of unofficial bodies organized for similar
purposes.
d.
Recommend to the Mayor and Council and to the Planning Board plans
and programs for inclusion in the City's Municipal Master Plan for
the use and further development of the City.
e.
Recommend to such other boards and agencies of the City as may be
requested by such individual boards and agencies.
f.
Study and make recommendations as to those areas relating to the
preservation, management and control of water resources, air pollution
control, solid and liquid waste management, noise control, soil and
landscape protection, environmental appearance and for the protection
of flora and fauna throughout the City.
g.
Advertise, prepare, print and distribute books, maps, charts, plans
and pamphlets which, in the judgment of the Commission, it deems necessary
to carry out the purposes expressed in this section.
h.
Manage donated or purchased lands, under the advice and consent of
the Council, for conservation and environmental purposes and conduct
environmental education programs.
i.
Act as a coordinating agency for the City on conservation and environmental
matters and as liaison between the City, the region, County, State,
Federal and other agencies which may be administering to such needs,
including but not limited to, with the advice and consent of Council,
the application for grants, aids, loans and other developmental environmental
aids which may be available from time to time through County, Federal,
State and other agencies.
j.
Act in an advisory capacity whenever requested by the Mayor and Council
to deal with specific problems within the purview of the Environmental
Commission.
k.
Provide for the accumulation of records as to areas of concern of
both publicly and privately held properties in order to obtain information
on the future use and development of such areas and for the maintenance
of standards to be applied by the City whenever dealing with environmental
matters.
l.
Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located,
or which may hereafter be planted in any public highway, park or parkway,
except such as are excluded pursuant to N.J.S.A. 40:64-1 in the City,
including the planting, trimming, spraying, care and protection thereof.
m.
Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection.
n.
Move or require the removal of any tree, or part thereof, dangerous
to public safety. For the safe passage of trucks and emergency vehicles
all trees are to be trimmed to a height of fourteen (14) feet above
the roadway.
o.
Administer treatment to, or remove, any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the municipality
and enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
p.
Recommend the passage, alteration, amendment and repeal of ordinances
by the Mayor and Council and any and all ordinances necessary or proper
for carrying out the provisions hereof.
[2000 Code § 2-41.6]
The Commission may, subject to the approval of the Mayor and
Council, acquire property, both real and personal, in the name of
the City 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 a conveyance on conditions or with limitations or reversions),
as may be necessary to acquire, maintain, improve, protect, limit
the future use or otherwise conserve and properly utilize open spaces
and other land and water areas in the City.
[2000 Code § 2-41.7]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Mayor and Council.
[2000 Code § 2-41.8]
The Mayor and Council may, from time to time, fix, determine
and appropriate a sum sufficient for the care and maintenance of such
property acquired for the uses and purposes herein stated, and for
expenses of the Commission which shall be raised by taxation in the
same manner as other taxes and shall be provided for in the annual
budget.
Editor's Note: The Public Art Committee was replaced by the
Public Art Commission by Ord. No. 2017-44
[Ord. No. 2017-44]
There is hereby established a Public Art Commission in and for
the City of Asbury Park in accordance with the provisions of this
Section.
[Ord. No. 2017-44]
The purpose of the Public Art Commission is to facilitate the
development of public art, including but not limited to murals, within
the City, recognizing such as integral to the vibrancy of the community.
The Commission shall ensure that public art contributions to the City
will complement the building(s) or neighborhood(s) with which they
are associated, as well as complement current strategies for economic
development and tourism, enhance neighborhood and community identity,
and educate children and adults alike.
[Ord. No. 2017-44]
The Public Art Commission shall consist of nine (9) regular
and two (2) alternate members, who shall serve without compensation,
as appointed by the Mayor and Council. The membership shall include
the City Manager or his/her designee, one representative of the City
Council, five (5) members of the public who are residents of the City
or part of the City's business community, and two (2) individuals
who are representatives of art, tourism or cultural organizations
that may be based within or outside of the City. The Commission shall
designate one of its regular members to serve as Chairperson and presiding
officer of the Commission on an annual basis.
Alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2." Alternate members shall
serve during the absence or disqualification of any regular member
or members. Alternate members 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.
[Ord. No. 2017-44]
The term of office of regular members of the Public Art Commission
shall be for three (3) years, and the term of office of alternate
members shall be for two (2) years. Any vacancy occurring other than
by the expiration of a term shall be filled for the unexpired term
only, in the same manner as the original term.
The terms of the regular Commission members first appointed
shall be for a period of 1, 2, and 3 years, respectively, in such
manner that the terms of at least two (2) regular Commission members
and not more than three (3) regular Commission members shall expire
in each year, so as to commence the staggering of terms. Thereafter,
all appointments of regular members shall be for a term of three (3)
years.
[Ord. No. 2017-44]
Any member of the Public Art Commission may be removed by the
Mayor and Council for cause on written charges served upon the member
and after a hearing thereon at which the member shall be entitled
to be heard in person or by counsel.
[Ord. No. 2017-44]
The Public Art Commission may establish rules of procedure and
design guidelines for its use.
The Public Art Commission shall establish a schedule of its
regular meetings on an annual basis. A quorum required to take action
at Commission meetings shall be a majority of the full authorized
membership of the Commission.
All Public Art Commission meetings shall be subject to the New
Jersey Open Public Meetings Act, including the requirement of posting
and notification of all meetings. Minutes of all meetings shall be
maintained and Commission approved minutes shall be submitted to the
City Clerk for appropriate record keeping.
[Ord. No. 2017-44]
The Public Art Commission shall have the following powers and
duties:
a.
The power to commission and oversee the creation of art work where
appropriate on both municipal and private property at the directive
of the City Manager or the Mayor and Council.
b.
The power to hear and review applications for the creation of public art within the City, including the erection, painting and/or installation of murals (as defined below), and the power to render decisions regarding the issuance or denial of permits therefor. The review process is outlined in Section 4-18 of the Code of the City of Asbury Park.
c.
The power to advise the Mayor and Council, the Redevelopment Entity,
the Planning Board and the Zoning Board of Adjustment, and other agencies
of the City with regard to matters which affect the creation of public
art within the City, including the erection, painting and/or installation
of murals or streetscapes.
d.
The power to create a non-exclusive list of spaces that are eligible
and appropriate for the potential location and siting of murals within
the City.
e.
The power to develop, and to regularly review and update, a public
art plan and public art guidelines, which identify, among other things,
appropriate spaces and appropriate mediums, respectively, for public
art within the City.
f.
The power to review and recommend public art projects.
g.
The power to make recommendations regarding any issues that may arise
from a specific public artwork or art project.
h.
The power to undertake any other duties or activities that may be
assigned to it by the Mayor and Council.
[Ord. No. 2017-44]
The Mayor and Council may fix, determine and appropriate a sum
sufficient to be utilized by the Public Art Commission for the purposes
herein stated, on an annual basis or as needed.
[2000 Code § 2-45.1]
A proposed Agreement of Charter of the Wesley Lake Commission
establishes the purposes and responsibilities of the inter-municipal
body.
The Agreement of Charter embodies the mutual understandings
between the City of Asbury Park and the Township of Neptune.
The City's Staff and City Attorney have reviewed said Agreement
and deem it in the best interest of the citizens of the City of Asbury
Park to be a party to said Commission.
[2000 Code § 2-45.2]
[New; Ord. No. 2017-8; Ord. No. 2017-37]
There shall be five (5) members and one alternate member of
the Wesley Lake Commission appointed for a term of three (3) years
as follows:
Elected official of the Governing Body
City Manager or designee
Superintendent of the Department of Public Works
Two residents appointed by the Mayor and Council
In addition of the regular members, an alternate member may
be designated by the Mayor and Council who may attend the meeting
of the Commission in place of a regular member
[2000 Code § 2-46.1]
The City of Asbury Park bounds the Deal Lake; and all of the
municipalities bounding the Deal Lake have joined to form the Deal
Lake Commission.
[2000 Code § 2-46.2]
a.
The City of Asbury Park shall continue to be a member of the Deal
Lake Commission.
b.
The Mayor and City Clerk are hereby authorized to execute a contract
with the Deal Lake Commission.
c.
A copy of such contract shall be on file and available for public
inspection in the office of the City Clerk during regular business
hours.
d.
The City of Asbury Park hereby commits itself to the programs described
in such contract above referenced and commits itself to making expenditures
based upon its proportional obligation as set forth in the contract
herein referenced.
[New]
There shall be one City resident appointed by the Mayor and
Council to serve for a one year term and one City resident to serve
as an alternate for a term of one year on the Deal Lake Commission.
[Ord. No. 2624]
The City Council of Asbury Park may create a Sunset Lake Commission.
[Ord. No. 2624]
The Sunset Lake Commission shall be comprised of residents and
employees of the City of Asbury Park in accordance with the terms
herein set forth.
[Ord. No. 2624]
a.
The Commission shall have jurisdiction over Sunset Lake (the Lake),
which is hereby defined as that area to include the lake and grounds
between Sunset Avenue and Fifth Avenue and between Bond Street and
Webb Street.
b.
The jurisdiction of the Commission shall be designated on a map which
may be found on file in the office of the City Clerk and is made a
part hereof, and to the extent any portion of this section is inconsistent
with said map, said map delineation shall control.
c.
Nothing herein shall be deemed to modify any rule of law governing
municipal ownership, control and/or rights over flowing waters.
[Ord. No. 2624]
a.
The Commission shall have full authority over the maintenance, control,
and improvement of the Lake to the extent that said authority is not
inconsistent with the State of New Jersey, County of Monmouth or the
City Council of Asbury Park (the Governing Body).
b.
The Commission shall have the authority, with the consent and approval
of the Mayor and Council and after certification of available funds
as approved by the Mayor and Council, for the following:
1.
To regulate the flow of the Lake including the flow of said waters
into Deal Lake. This authority will be subject to the approval of
the Governing Body based on the testimony of professional personnel
stating that the flow should be adjusted for the betterment of the
Lake.
2.
To provide and regulate electricity, flood gates, silt traps, chemical
testing, and other lake management techniques and devices.
3.
To contract for any and all necessary services in order to carry
out the purposes of this charter subject to necessary funding being
available.
4.
To provide and regulate chemical treatment to the Lake for the control
of biological growth and the corrections of any and all biologically
harmful conditions.
5.
To provide and regulate the dredging of the Lake and to enter into
any and all agreements to carry out the dredging of the Lake.
6.
To improve the Lake to a state of balanced ecological stability to
the greatest extent possible to promote both passive and active recreational
activities.
7.
To recommend to the Governing Body the adoption of ordinances and
rules for the improvement of the Lake.
8.
To seek and apply for any and all grants available from County, State,
Federal, and private sources to achieve the goals and objectives of
this Commission.
[Ord. No. 2624]
The Commission shall have continual existence until such time
as it is disbanded by the Mayor and Council.
[Ord. No. 2624; Ord. No. 2961; Ord. No.
2017-1]
[Ord. No. 2624; Ord. No. 2017-31]
a.
All persons appointed to the Commission shall serve for a two (2)
year term.
b.
The term of office for all Commissioners shall commence from January
1 of the year of appointment to December 31.
c.
Initially, the Governing Body shall appoint four (4) of the seven
(7) members for a term of one year and all subsequent appointments
shall be for a two (2) year term.
d.
The remaining three (3) members shall be appointed by the Governing
Body for a term of two (2) years and all subsequent appointments shall
be for a two (2) year term.
[Ord. No. 2624]
a.
The Commission shall have a Chairman, Vice-Chairman, Treasurer, and
Secretary. Each shall serve for a term of one year commencing on January
1. The duties of each officer shall be as follows:
1.
Chairperson. The Chairperson shall be responsible for the management
and conduct of all meetings and shall call meetings to order and close
all meetings. The Chairperson shall have full voting power.
2.
Vice-Chairperson. The Vice-Chairperson shall act in the absence of
the Chairperson.
3.
Treasurer. The Treasurer shall be responsible for the keeping of
all accounts, payment of all bills, verification of debts, and to
provide a depository within the City of Asbury Park for the safekeeping
of funds, and will also be responsible for the signing of all checks.
4.
Secretary. The Secretary shall be responsible for the keeping of
all official records of the Commission.
5.
The officers may have such other duties that may be designated from
time to time by resolution.
[Ord. No. 2624]
At least four (4) of the seven (7) members of the Commission
must be present to constitute a quorum.
[Ord. No. 2624]
a.
All meetings shall be open to the public, except such executive sessions
as authorized by N.J.S.A. 10:4-6 et seq. The public shall have the
right to address and present questions to the Commission. The Commission
shall have the right to hold executive sessions pursuant to N.J.S.A.
10:4-6 et seq.
b.
The Commission shall have one regular meeting each month. The meeting
shall be on a date adopted by the Commission by resolution. The Commission
may suspend such monthly meetings at its sole discretion.
c.
The Chairman may call special meetings of the Commission provided
that at least forty-eight (48) hours' notice is given. The Chairman
shall be required to call a special meeting upon a receipt of a request
by at least four (4) members of the Commission.
d.
All official action of the Commission shall be carried out only after
a duly adopted resolution is prepared.
[Ord. No. 2624]
a.
If a member of the Commission should without excuse absent himself/herself
for three (3) consecutive meetings within a calendar year, the Commission
shall by resolution notify the Governing Body in order to have the
individual removed from the Commission and a suitable replacement
made.
b.
The Secretary shall keep an accurate record of attendance and the
reasons for nonattendance.
[Ord. No. 2624]
a.
On January 1 of each year, the Commission shall present a budget
request to the Governing Body, which shall have first been adopted
by a majority vote of the members of the Commission.
b.
The Governing Body shall not be obligated to contribute any funds
to the Commission until such time as the budget is approved.
c.
The Commission shall have the right to adopt emergency resolutions
for appropriations to the Governing Body for maintaining Sunset Lake
and the surrounding grounds.
[Ord. No. 2624]
All contracts, agreements, etc. shall be subject to the Statutes
of the State of New Jersey pertaining to public bidding.
[Ord. No. 2624]
The Chairman shall cause to be written and transmitted to the
Governing Body, a report of activities of the Commission. This report
shall be accomplished annually.
[Ord. No. 2626]
A Technical Review Committee is hereby established to consist
of eight persons, one of which shall be a Councilmember serving on
the Planning Board, one of which shall be a member representing the
New Jersey Department of Environmental Protection, one shall be a
member representing the New Jersey Department of Community Affairs,
one shall be a professional planner, one shall be a licensed architect,
the Chairman of the Planning Board, the engineer serving the Planning
Board and one shall be a representative of the Developer team designated
by Asbury Partners, LLC.
[Ord. No. 2626]
The Technical Review Committee shall not impose standards or
designs that will infringe the marketability or economic feasibility
of a project other than compliance with the Redevelopment Plan and
Design Guidelines.
[Ord. No. 2626]
The Mayor and Council shall act as Redevelopment Entity and
the Planning Board shall first submit all site plans for review to
the Technical Review Committee.
[Ord. No. 2626]
The Technical Review Committee shall meet as often as necessary
so as to not delay any application or project.
[1]
Editor's Note: Ord. No. 2866, previously codified herein,
contained material regarding the Parking Utility.
[Ord. No. 2866 § 1;
amended 9-11-2019 by Ord. No. 2019-32]
There is hereby created under the terms of this section a public
utility for the purpose of managing its transportation operations
within the City of Asbury Park, County of Monmouth and State of New
Jersey. For budgetary and accounting purposes, this utility shall
be a separate entity, having its own borrowing capacity; its own separate
accounts and its own separate property, whether it be real, personal
or mixed.
Transportation shall be defined as: including but not limited
to the orderly and safe movement of all types of vehicles within the
public right-of-way, the orderly and safe movement of pedestrians
within the right of way, and the design, repair, construction, maintenance
of any and all facilities or structures to assist in the movement
of vehicles or pedestrians in an orderly and safe manner.
[Ord. No. 2866 § 2;
amended 9-11-2019 by Ord. No. 2019-32]
The name by which the Utility shall be known is "The Asbury
Park Transportation Utility," hereinafter the "Utility."
[Ord. No. 2866 § 3;
amended 9-11-2019 by Ord. No. 2019-32]
It shall be the function of the Utility to budget and account
for the transportation operations undertaken by the City; to preserve,
care for, lay out, construct, maintain, improve and operate lands,
buildings, and facilities used for the provision of public transportation,
public parking and the enforcement of the City's laws and regulations
concerning transportation and parking; to construct, reconstruct,
alter, provide, renew and maintain buildings or other structures and
equipment and provide for the care, custody and control thereof in
the operation of the Utility; to raise money necessary to pay for
the lands, rights or interest therein acquired for transportation
activities, and for improving and equipping the same; to pay or make
provision for the payment of the reasonable expenses in each fiscal
year of the Utility; to pay to those persons entitled thereto the
interest and principal on notes and bonds of the Utility, and to deposit
and accumulate reserve funds or reserves.
[Ord. No. 2866 § 4;
amended 9-11-2019 by Ord. No. 2019-32]
The Utility shall be governed by the ordinances, the Administrative
Code, and the resolutions adopted by the Mayor and City Council and
by administrative directives.
[Ord. No. 2866 § 5;
amended 9-11-2019 by Ord. No. 2019-32]
The financial affairs of the Utility shall be governed in accordance
with the statutes applying to the financial affairs of the municipality
and utilities in general.
[Ord. No. 2866 § 6;
amended 9-11-2019 by Ord. No. 2019-32]
The Utility may, from time to time, acquire such real property
as may be authorized by the Mayor and City Council by duly adopted
ordinances according to the laws of the State of New Jersey.
[Ord. No. 2866 § 7;
amended 9-11-2019 by Ord. No. 2019-32]
The City Manager shall have the full authority to appoint and
employ all necessary employees for the Utility. Salaries of the employees
will be in accordance with classification and salary ordinances duly
adopted by the Mayor and City Council. Portions of salaries of existing
employees may be prorated based on the amount of time spent on parking
operations compared to the employees' full-time City responsibilities.
[Ord. No. 2866 § 8;
amended 9-11-2019 by Ord. No. 2019-32]
The Utility shall have authority to charge and collect monies
for the use of the utilities facilities whether they be user charges,
rental fees, or lease payments, and to use these monies to defray
the cost of acquisition of lands, buildings and facilities, rights
and interests therein, to equip the facilities, to pay the Utility's
current expenses and to pay the interest and principal on notes and
bonds.
There shall be a Library Board of Trustees who shall be appointed
pursuant to N.J.S.A. 40:54-9 et seq.. The Library Board of Trustees
shall be governed by N.J.S.A. 40:54-1 et seq.
The Asbury Park Cable Television Advisory Committee, referred
to as the APTV Committee or APTV was initially created by a resolution
adopted by the Asbury Park City Council on December 5, 2012. The purpose
of the Asbury Park Cable Television Advisory Committee is to act as
the City's advocate and to make recommendations to the Mayor and City
Council regarding all matters related to operation of the City's P-E-G
(Public, Educational and Government) Channels and to respond to any
and all related matters as requested by the Mayor and Council. The
organization shall be known as: Asbury Park TV.
This organization shall be operated for Public, Education, and
Governmental purposes. More specifically, the purpose of the organization
is to further the Mission, as formulated in the organization's Mission
Statement below.
"The Mission of the Asbury Park Cable Television Advisory Committee
(APTV) is to assist with the development and oversee the operation
of Asbury Park's Public Access channels. APTV will also provide an
outlet to broadcast programs created and presented by Asbury Park's
Public, Governmental, Business, Cultural, Educational and non-profit
organizations.
APTV will provide broadcasts that respond to the interests and
concerns of the community and present programming that highlights
issues and showcases matters relating to Asbury Park. Such programming
will be designed to Inform, Educate and Entertain."
a.
There shall be a committee consisting of seven to thirteen appointed
members made up of officers and non-officers.
b.
The APTV committee shall nominate new and/or continuing committee
members with a formal nomination proposed by an existing committee
member with discussion and review at an APTV Committee meeting and
then by majority vote at the subsequent regularly scheduled meeting.
c.
These nominations will be sent to the City Council for approval.
d.
A committee member, appointed by the City Council in January shall
serve a three-year term effective immediately upon the date of their
appointment by the City Council of Asbury Park.
e.
A new committee member, appointed by the City Council in any other
month than January shall serve the remainder of the calendar year
and the two years following until the election cycle in January. This
term will be effective immediately upon the date of their appointment
by the City Council of Asbury Park.
f.
The Chairperson and Vice Chairperson shall not exceed 3 consecutive
terms (six consecutive years).
g.
A committee member appointed by the City Council to fill an unexpired
term shall serve the remainder of the unexpired term.
h.
At least 2/3 (66%) of the committee members must be either a resident,
business owner, property owner or employed in Asbury Park
i.
A committee member may resign at any time by submitting written notice
to the APTV Committee.
j.
Trustees shall receive no compensation for performance of their duties
as trustees.
Officers of the APTV Committee shall be as follows:
b.
Voting for Officers will happen at the January Annual APTV meeting
with the Chairperson and Vice Chairperson on the odd number years
and with the Secretary and Treasurer on the even number years.
c.
All newly elected Officers will take office immediately.
d.
The Chairperson and Vice Chairperson are elected for a two-year term
and bound by a three consecutive term limit (six consecutive years)
e.
The Secretary and Treasurer elected for a two-year term and are not
bound to term limits.
f.
If in the event that no Officer receives a majority vote, then a
run-off election will take place eliminating the lowest vote getter
in the next vote. The process will continue until a candidate gets
a majority vote.
g.
All Members of the APTV Committee are allowed to vote, including
people that are running for office.
h.
No Officer shall hold any elected office of any governmental entity.
i.
If a vacancy occurs in the office of the Vice Chairperson, Secretary,
or Treasurer; the Chairperson shall appoint a temporary replacement,
with a majority vote of the APTV Committee. The new Officer will serve
out the term. If the Chairperson leaves office early the Vice Chairperson
will take over the office.
a.
All APTV Committee members are is expected to attend at least 80%
of all APTV Committee meetings. Any member missing three consecutive
meetings may be subject to termination by a 2/3 vote of the APTV Committee.
b.
An APTV Committee Member may request a leave of absence if they determine
they may not be able to meet the duties expected of a Committee Member.
This leave must be for a specified time and must be approved in advance
by the APTV Committee Members.
c.
Any possible conflict of interest on the part of an APTV Committee
Member shall be disclosed to the rest of the APTV Committee.
d.
The APTV Committee Members shall see that the duties and responsibilities
of all the members are observed. They have the power to request the
resignation and/or termination of any officer, or Committee Member
providing such action is approved by a 2/3 vote of the Board.
e.
The APTV Committee shall also be responsible for all property of
APTV and submit a yearly report to the membership at the end of the
fiscal year.
f.
If an APTV Committee Member cannot make a regularly scheduled or
Special Meeting he/she should alert the Chairperson as soon as possible.
g.
The Chairperson using Roberts Rules of Order as a guide will preside
over both the regularly scheduled and Special Meetings. The Chairperson
in consultation with his/her Officers shall set the agenda for Board
Meetings 10 days in advance and send this agenda to the Secretary.
h.
The Chairperson has the right to cancel a meeting due to lack or
quorum, weather or other special circumstances in which case the Chairperson
will alert the APTV Committee Members as soon as possible.
i.
The Vice Chairperson shall assume the duties of Chairperson in his
or her absence and shall assist in every way including coordinating
sub-committees, developing community relationships and projects etc.
j.
The Chairperson and Vice Chairperson will be the only persons that
automatically have the right to speak as the representative of APTV
at public forums and publications. The Chairperson can grant this
right to other APTV Committee Members and Sub-Committee Chairpersons
on limited topics and limited engagements.
k.
The Secretary will take the minutes during each Board Meeting. The
Secretary will send the past Board Meeting minutes and agenda of upcoming
meeting via email to all APTV Committee Members at least one week
in advance of the next meeting. At each meeting, the Secretary during
his/her Secretary Report will submit the minutes of the previous meeting
for approval. The Secretary shall also keep a separate record of all
the Policies and Procedures as they develop and change over time.
The Secretary will then make any changes and then send the approved
minutes to be kept on file in the office of APTV and to a secure website.
The Secretary shall keep the names, addresses, emails and telephone
numbers of all APTV Committee Members, and Sub-Committee Members.
The Secretary shall also have the power to appoint an assistant with
Board approval.
l.
The Treasurer under the direction of the Chairperson and APTV Committee
Members, shall have, unless otherwise provided for, general custody
of the funds, securities, and other valuable assets of the APTV. All
of the Treasurer's books, accounts, and records shall be the property
of the APTV, copies of which must be kept in the APTV office. The
Treasurer is authorized to open such accounts in a bank or depository
as the Board of Trustees may direct. The Treasurer shall keep permanent
records of monies received and disbursed in a Board approved accounting
system. At each board meeting the Treasurer will present a detailed
written report.
a.
APTV Committee Members can create sub-committees when deemed necessary.
b.
The Chairperson shall appoint a temporary chairperson to organize
the sub-committee.
c.
Once the sub-committee has been organized the sub-committee shall
choose their own chairperson by majority vote.
d.
The Sub-Committee Chairperson shall call regular meetings of his/her
committee and should alert each sub-committee member by email. If
a sub-committee member cannot attend a meeting he/she should alert
the Sub-Committee Chairperson via email as soon as possible.
e.
The Sub-Committee Chairperson shall provide regular progress reports
to APTV Committee Members at regularly scheduled meetings.
f.
The Sub-Committee Chairperson can prepare and submit for approval
by APTV Committee, a budget or a detailed expense if such become necessary.
a.
Notice of all meetings will be posted on the APTV's website and be
sent out via email by the Secretary.
b.
The APTV Committee shall meet at least once a month or as determined
by the Board.
c.
APTV Committee Members, the general public and invited guests may
attend these APTV Committee Meetings, but they will not be allowed
to vote and may be subject to limited participation.
d.
Special meetings may be called by the Chairperson or APTV Committee
Members with a seven (7) day notice to their membership.
e.
A quorum for the APTV Committee Meetings shall be 1/2 (50%) of the
members.
f.
Robert Rules of Order shall be the authority for parliamentary procedure
in all matters.
g.
The Chairperson may appoint a Parliamentarian for Board and Special
Meetings
h.
Sub-Committee chairperson may appoint a Parliamentarian if deemed
necessary.
a.
The Chairperson and Vice Chairperson will preside over voting during
meetings. Only APTV Committee Members without a "Conflict of Interest"
on the motion are allowed to vote at these meetings.
b.
The Sub-Committee Chairperson will preside over voting during Sub-Committee
meetings. Only duly appointed Sub-Committee members without a "Conflict
of Interest" on with the motion are allowed to vote.
c.
All results are determined by majority vote with the exception of
amending the Bylaws, Mission Statement, and termination of a APTV
Committee Member which require a 2/3 vote (as in Article 9A &
5D)
d.
Action by Consent: Any action permitted to be taken at any meeting
of the Board of Trustees or any committee thereof, may be taken without
a meeting, if prior consent is passed at a previous meeting.
a.
Any changes to the By-Laws or Mission Statement shall be made with
a first read and discussion at an APTV Committee Meeting and then
a vote at the subsequent APTV Committee Meeting. The vote must be
passed by 2/3 majority. There can be no new amendments or deletions
to this proposal. Amendments or deletions which have been read and
discussed can be voted on at the next meeting and be to be put into
the Bylaws.
b.
Any changes to the Policies and Procedures can be made by majority
vote at any APTV Committee Meeting.
a.
The Producer of any broadcast not created by APTV acknowledges that
he/she has obtained all necessary copyright clearances and releases
for the cablecasting of any and all material contained within the
program.
b.
The Producer of any broadcast not created by APTV and/or the City,
and agrees to hold the aforementioned harmless for any liability,
loss, or damage, including reasonable attorney's fees, caused by or
arising out of any material supplied by the Producer.
c.
The Producer of any broadcast not created by APTV further agrees
to indemnify and save APTV and or the City, and/or their respective
officers, members, and employees, harmless of any and all claims,
damages, costs and liability of any nature whatsoever, including counsel
fees, which may be imposed by reason of any claim that any material
cablecast and/or disseminated by the Producer, violates or infringes
upon the rights, trade names, trademarks, copyrights, patents, literary
of dramatic rights, or rights of privacy of any other owner, licensor,
copyright holder, writer, composer, or other person, corporation or
partnership, that said material constitutes libel or slander.
d.
The Producer of any broadcast not created by APTV hereby releases
APTV and/or the City from any legal action, claims, and demands which
the producer of his/her organization ever had, has, or may have, which
may arise against APTV and/or the City as a result of cablecast presentation
on its cable system or the production of any material for said presentation,
or for any mistakes, omissions, or interruptions.
APTV will not discriminate on the basis of gender, sexual orientation,
race, color, national or ethnic origin.
If APTV for any reason whatsoever ceases to exist, then any
and all assets, after payment of all debts and obligations of the
APTV, shall be donated to the City of Asbury Park with recommendations
for the use of such assets presented to the City by the APTV Committee.
[Ord. No. 2016-07]
The City of Asbury Park Beach Utility is hereby created and
established for the purposes of collecting expense, both direct and
indirect, and revenue data with regard to the operation, maintenance
and improvement of the beach, boardwalk and related facilities.
[Ord. No. 2016-07]
The name by which the Utility shall be known is "The Asbury
Park Beach Utility," hereinafter the "Beach Utility."
[Ord. No. 2016-07]
It shall be the function of the Beach Utility to manage all
fiscal, operational, maintenance and improvement of the beach, boardwalk
and related facilities.
[Ord. No. 2016-07]
The Beach Utility shall be governed by the ordinances, the Administrative
Code, applicable State and Federal laws and the resolutions adopted
by the Mayor and City Council and by administrative directives.
[Ord. No. 2016-07]
The financial affairs of the Beach Utility shall be governed
in accordance with the statutes applying to the financial affairs
of the municipality and utilities in general.
[Ord. No. 2016-07]
The Beach Utility may, from time to time, acquire such real
property as may be authorized by the Mayor and City Council by duly
adopted ordinances according to the laws of the State of New Jersey.
[Ord. No. 2016-07]
The City Manager shall have the full authority to appoint and
employ all necessary employees for the Beach Utility. Salaries of
the employees will be in accordance with classification and salary
ordinances duly adopted by the Mayor and City Council. Portions of
salaries of existing employees may be prorated based on the amount
of time spent on parking operations compared to the employees' full-time
City responsibilities.
[Ord. No. 2016-07]
The Beach Utility shall have authority to charge and collect
monies for the use of the Beach Utility's facilities whether they
be user charges, rental fees, or lease payments, and to use these
monies to defray the cost of acquisition of lands, buildings and facilities,
rights and interests therein, to equip the facilities, to pay the
Beach Utility's current expenses and to pay the interest and principal
on notes and bonds.
