The Borough of Flemington is governed under the Borough form of government outlined in Chapters 86-94 of Title 40 of the Revised Statutes. The administrative code has been drafted in conformity with the Borough law and in many instances provisions have been restated. Other enabling laws relevant to this chapter are R.S. 40:55-1.4, Planning Board; R.S. 2A:8-1, et seq., Municipal Court; R.S. 26:3-1, et seq., Board of Health; R.S. 40:64-1, et seq., Shade Tree Commission; General Authority to regulate the internal affairs of the Borough derives from R.S. 40:48-2.
ATTACHMENTS
Attachment 1 - Schedule A
[New; Ord. No. 2013-6]
There shall be a Borough Clerk appointed by the Council for a term of three years. Prior to the appointment, the Borough Clerk shall be qualified by training and experience to perform the duties of their office. The Clerk and the temporary acting Deputy Clerk shall constitute the Department of Administration.
[New; Ord. No. 2013-6]
The Borough Clerk shall serve as Clerk of the Council and its committees. The Clerk or a person assigned by the Clerk shall attend all meetings of the Council and take minutes. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting.
[New; Ord. No. 2013-6]
a. 
The Clerk shall record all ordinances of a permanent character in books to be provided for that purpose. After each ordinance the Clerk shall record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon the date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.
b. 
At the close of each year the Clerk, with the advice and assistance of the Borough Attorney, shall bind, compile or codify all the ordinances, or true copies thereof, which then remain in force and effect. The Clerk shall also properly index the record books, compilation or codification of ordinances.
[New; Ord. No. 2013-6]
The Clerk shall have custody of and safely keep all records, books and documents of the Borough, except those committed by ordinance to any other office or transferred thereto by the Council. The Clerk shall, upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the Borough, furnish a certified copy of any such paper in his custody under the corporate seal of the Borough.
[New; Ord. No. 2013-6]
The Clerk shall cause the corporate seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify any document on record in his office, or to certify any act or paper which from the records in his office appears to have been a public act of the Borough or a public document. The Clerk shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or ordinance.
[New; Ord. No. 2013-6]
The Clerk, subject to the supervision of the Council, shall:
a. 
Be the depository for and custodian of all official surety bonds furnished by or on account of any officer or employee, except their own bond which shall be placed in the custody of the Treasurer; of all insurance policies upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.
b. 
Be the depository for and custodian of all performance bonds running to the Borough as obligee, or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough with the exception of Planning Board.
c. 
Have custody of all leases of property owned by the Borough.
d. 
Report to the Borough Council annually, at such time as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
[New; Ord. No. 2013-6]
No rule or general regulation made by any department, officer, agency or authority of the Borough, except such as relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Borough Clerk. The Clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in their office during business hours.
[New; Ord. No. 2013-6]
In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Mayor and Borough Council, the Clerk shall:
a. 
Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
b. 
Administer the provisions of Borough Ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.
c. 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to them by the Mayor and Borough Council.
There may be appointed a deputy Borough Clerk.
The term of office may begin on January 1 and expire one year thereafter, on December 31 or may begin on any other date and extended for any period as the Council may decide.
The Mayor shall nominate and appoint the deputy Borough Clerk, with the advice and consent of the Borough Council.
The deputy Borough Clerk shall have duties as determined by the Council in its discretion.
Compensation shall be stipulated in the yearly salary ordinance.
Any person claiming payment from the municipality shall present a detailed, duly certified bill of demand to the Clerk. In the alternative, the claimant shall furnish an affidavit.
The Clerk shall see that the signature of the officer designated by the Council as responsible for placing the order, appears on every claim to certify that the materials have been received or the services rendered.
Approved claims shall be filed with the Clerk, who shall present them to the Borough Council for formal approval at a regular meeting.
The Council may reject any claim, stating the reason for rejection. Any disapproved claim shall be referred back to the Clerk with any instructions the Council may give. Each approved claim shall be endorsed by the members of the Borough Council and each disapproved claim shall give the objectors' reason.
The Clerk shall record all claims in the official minutes indicating Council approval or disapproval. The Clerk shall indicate the date of approval on the claims.
The Clerk shall prepare the checks for payment immediately after certification and approval. The checks shall be signed by the Mayor and Clerk and countersigned by the treasurer or other chief financial officer. The Clerk shall record all checks in proper books of account and then mail or otherwise distribute the checks to the claimants.
The appropriate department heads shall prepare the payrolls for all employees. The payrolls shall be duly certified by the person authorized to certify that the services have been rendered and the amount specified is in fact due to the employee. The payroll shall then be approved by the department head responsible and presented to the Council for approval.
The Clerk and utilities Clerk shall draw funds by check from the current funds in an amount totaling their payroll for each bi-weekly period, and deposit such funds in the Borough payroll account the day prior to each payday.
[1]
Editor's Note: See Chapter 7 Traffic, Section 7-15 for employment guidelines of off-duty Police Officers for roadway construction and utility work.
A police department is hereby established in the Borough of Flemington, Hunterdon County, New Jersey, under the name of "The Borough of Flemington Police Department."
The Borough of Flemington Police Department shall consist of the following:
a. 
One Chief of Police;
b. 
Up to two Lieutenants of Police, with a minimum of one;
c. 
Up to four Sergeants of Police, with a minimum of two;
d. 
Up to four Corporals of Police (no minimum);
e. 
As many patrol officers as deemed necessary to keep the community safe and secure.
In accordance with N.J.S.A. 40A:14-118, the Mayor and Borough Council of the Borough of Flemington is hereby designated as the "appropriate authority." The Mayor and Council shall act in all matters relating to the police function in the Borough of Flemington as a body.
The chief of police shall be the head of the Borough of Flemington Police Department and he shall be directly responsible to the Mayor and Borough Council of the Borough of Flemington for the efficiency and routine day to day operations thereof. The chief of police shall, pursuant to policies established by the Mayor and Borough Council of the Borough of Flemington:
a. 
Administer and enforce rules and regulations and special emergency directives for the disposition of the force and its officers and personnel;
b. 
Have, exercise, and discharge the functions, powers and duties of the police force;
c. 
Prescribe the duties and assignments of all subordinates and other personnel;
d. 
Delegate such of his authority as he may deem necessary for the efficient operation of the police force to be exercised under his direction and supervision; and,
e. 
Report at least monthly to the Mayor and Common Council of the Borough, in writing, on the operation of the force during the preceding month, and make such other reports as may be requested by the Mayor and Common Council of the Borough.
There shall be a police commissioner of the Borough of Flemington.
The police commissioner shall at all times be a member of the governing body of the Borough of Flemington.
The term of office of police commissioner for all years excepting 1986, shall begin on January 1 and expire one year thereafter on December 31. For year 1986, the term of police commissioner shall begin on the date of appointment and expire on December 31, 1986.
The Mayor shall nominate and, with the advice and consent of the Borough Council, appoint the police commissioner.
The police commissioner shall be a line of communication between the chief of police and the Mayor and Borough Council. The police commissioner shall meet and communicate with the chief of police as and when reasonably requested by the chief of police and shall convey all such communication to the Mayor and Borough Council within a reasonable time thereafter.
The police commissioner shall serve without compensation over and above the compensation to which such commissioner is entitled to receive as member of the governing body of the Borough of Flemington.
The Mayor shall nominate and, with the advice and consent of the Borough Council, appoint police department members.
No person shall be appointed as a member of the Borough of Flemington Police Department who does not possess the qualifications set forth in N.J.S.A. 40A:14-118 et seq.
a. 
Promotions within the Borough of Flemington Police Department shall be made pursuant to N.J.S.A. 40A:14-129 and where applicable, N.J.S.A. 40A:14-122.6;
b. 
The Mayor shall nominate and, with the advice and consent of the Borough Council, promote members of the Borough of Flemington Police Department to superior position within such department.
Each person appointed to membership in the Borough of Flemington Police Department or promoted to superior rank within such department shall be designated as a probationer and shall be required to serve for a probationary period of 12 months next succeeding his designation. The probationary period of 12 months may be extended by the Mayor and Borough Council, upon recommendation of the chief of police that such action is for the good of the service for an additional 12 months. Upon the expiration of said probationary period, said probationer may be appointed permanently. During the time of such probationary service, the probationer shall be under the direct supervision of the chief of police. Said probationer will comply strictly with all the rules and regulations of the department.
The Mayor and Borough Council shall by resolution, from time to time as in its judgment may seem necessary, adopt and amend rules and regulations for the government and discipline of the police department and the members thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations and all members of the police department shall be subject to such rules, regulations and penalties.
Such rules and regulations as are in effect at the time of passage of this section shall continue to be in effect until further action of the Mayor and Borough Council by resolution, provided, however, that nothing herein contained shall be construed as making such rules and regulations a part of this section.
Disciplinary action shall be taken against members of the police department in accordance with the following:
a. 
The rules and regulations adopted pursuant to §§ 2-4.15 and 2-4.16 of this section, or
b. 
As provided by N.J.S.A. 40A:14-147. The "proper authorities" to hold hearings pursuant to N.J.S.A. 40A:14-147 is the Mayor and Council or their designee.
a. 
Not more than 15 Class I, two Class II and one Class III Special Law Enforcement Officers as such terms are used and defined in N.J.S.A. 40A:14-146.8, et seq., may be appointed;
[Added 5-13-2019 by Ord. No. 2019-10]
b. 
The Mayor shall nominate and, with the advice and consent of the Borough Council, appoint all special law enforcement officers.
Class I Officers shall perform routine traffic detail, spectator control and similar duties. Additionally, Class I Officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by any Class I Officer is strictly prohibited and no Class I Officer shall be assigned any duties which may require the carrying and use of a firearm.
Class II officers shall exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by a Class II officer is authorized but only after such officer has been fully certified as successfully completing training as prescribed by the police training commission established in the department of law and public safety.
[Added 5-13-2019 by Ord. No. 2019-10[1]]
Class III officers shall exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school on the school premises during hours when the public or nonpublic school is normally in session or when it is occupied by public or nonpublic school students or its teachers.
[1]
Editor's Note: Former §§ 2-4.21 through 2-4.26 were redesignated as §§ 2-4.22 through 2-4.27 pursuant to this ordinance.
Special law enforcement officers may be appointed to a term not to exceed one year, or to a term of four months or less.
All special law enforcement officers shall have the qualifications set forth in N.J.S.A. 40A:14-146.10.
Every special law enforcement officer shall be under the supervision and direction of the chief of police of the Borough of Flemington Police Department.
The appointments of all members of the Borough of Flemington Police Department as heretofore made are hereby confirmed, and all such members of said police department as constituted prior to the adoption of this section, be and they are hereby confirmed in their said appointments and shall, upon the adoption of this section, hold and retain the rank which they have heretofore held and enjoyed prior to the adoption of this section. Nothing herein shall be construed to require appointments or promotions by ordinance.
The compensation of all members of the Borough of Flemington Police Department and special law enforcement officers shall be fixed by section.
[Ord. No. 2016-7]
See Chapter 7, Traffic, for employment guidelines of off-duty Police Officers for roadway construction and utility work.
There shall be a fire department which shall consist of a chief, one assistant chief, a fire marshal and not less than 40 or more than 80 members, who shall at the time of their election to membership be not less than 18 nor over 40 years old.
The chief, assistant chief and fire marshal shall constitute a board of fire officers, which shall meet monthly or more frequently for the transaction of business for the good of the department.
Any member who reaches the age of 50 years may be retired from service by the board of fire officers by and with the consent of the Council, and in like manner any member who becomes physically unfit for active service.
The board of fire officers shall devise forms or methods of keeping records and shall see that records are kept of all alarms of fire, fire losses, methods of extinguishment, drills, hose, apparatus, minor equipment, condition of hydrants and starting of motors. It shall formulate regulations for fire service and measures for fire prevention.
The chief and assistant chief shall be elected by the department and the fire marshal shall be appointed by the Mayor, both subject to the approval of the Common Council and no person shall be eligible for chief, assistant chief or fire marshal, who has not been a member of the department for at least two years.
The chief shall have general supervision of the department when it is not in actual duty at a fire. His supervision shall be subject to and not conflict with such rules for the government and management of the department as may from time to time be adopted by the board of fire officers. In all cases of fire the chief or in his absence his assistant shall have full power and command. The chief shall schedule all necessary practice drills and cause the several pieces of apparatus to be worked in the most advantageous manner.
The fire marshal shall control such measures of fire prevention and public safety undertaken by the department.
The fire department shall have exclusive right to and control over the rooms set aside for the social or business purposes of the department in the fire house.
In the event of emergency or widespread conflagration, the chief or other head of the fire department upon the request of the chief of the fire or police departments or the Mayor of any other municipality for assistance, may provide and render such assistance, by supplying fire aid in the protection of life and property, or assist in quelling any riot or disorder or in suppressing any conflagration, and while so acting the members of the fire department supplying such aid shall have the same powers and authority as have the members of the fire department of the municipality in which such aid is being rendered. Any member of the Borough of Flemington Fire Department rendering assistance or aid under the provisions of this section who shall meet death in the performance of duty, or who shall suffer sickness, injury or death in carrying out the provisions hereof, shall be entitled to the same rights as though such sickness, injury or death had occurred within the Borough of Flemington.
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward members of the Borough of Flemington Fire Department for their loyal, diligent, and devoted services to the residents and businesses of the Borough of Flemington.
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Flemington pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
A year of service shall be credited under a service award program for each calendar year of which an active member of the Borough of Flemington Fire Department volunteer accumulates at least 100 points.
100 points per year = 100 percent of award.
The estimated cost of the program has been calculated as follows:
The annual contribution shall be $1,150.00 per eligible member. The cost to the Borough of Flemington is $34,500.00 per calendar year beginning year 2002.
Each active volunteer member shall be credited with points for volunteer services to the Borough of Flemington Fire Department in accordance with the following schedule.
LOSAP Point Schedule
Borough of Flemington Fire Department
(§ 2-5A5)
Category
Points
Response to fire calls:
0 to 10%
0
11% to 20%
10
21% to 30%
20
31% to 40%
30
41% to 50%
40
51% to 60%
50
61% and above
60
Longevity:
2—4 years
2
5 years
5
6—10 years
10
11-15 years
15
16—20 years
20
21—25 years +
25
Ex-Chief
5
Presently serving as an officer: (Chief, Ass't, Capt., Lieut., Engineer)
5
Administrative Dept. Officers
5
Active Dept. Committees
2 (10 pts. Max)
Qualified Driver/Operator
5
State or County fire training certificates
15
Department meetings
2
Department drills
2
Parades
5
Worknights
5
Funerals
5
Thanksgiving Coin Toss
10 pts. per day (5 for 1/2 day)
X-mas lights (up and down)
5 pts. per day
Fire Prevention "show-n-tells"
5
Extra credit per O.I.C.'s approval
2
100 pts. per year = 100% of award
The Flemington Fire Department shall be responsible for maintaining records and providing certification as required by N.J.S.A. 40A:14-190 and 191.
This section shall not take effect unless it is approved by voters as a public question at the next general election held on November 6, 2001.[1]
[1]
Editor's Note: This section was approved by Borough of Flemington voters in the November 6, 2001 general election.
THE BOROUGH ENGINEER
Shall mean the engineer regularly appointed by the Borough to advise it on engineering matters pursuant to law.
When the Borough Engineer has performed any services on an engineering matter for a client other than the Borough and the project is required by law or practice to be submitted by the Borough to the Borough Engineer for his consideration, the Borough Engineer shall be disqualified from considering any such project.
If the Borough Engineer is disqualified in accordance with § 2-6.2, the Council shall appoint a reviewing engineer, who shall be an engineer licensed by the State of New Jersey. The appointment shall be made in the same manner in which the Borough Engineer is appointed.
The reviewing engineer shall consider the particular engineering matter from which the Borough Engineer has been disqualified and report to the Borough in the same manner as the Borough Engineer would, except for his disqualification. The reviewing engineer shall consider only the matter from which the Borough Engineer has been disqualified, and the reviewing engineer's appointment shall terminate at the conclusion of his study and report.
There shall be a municipal attorney for the Borough of Flemington, who shall be appointed and shall hold office for such term and receive such compensation as is provided by law.
[Amended 9-13-2021 by Ord. No. 2021-20]
a. 
There is hereby established a municipal court for the Borough of Flemington pursuant to N.J.S.A. 2A:8-1 et seq., which shall be known as the "Municipal Court of the Borough of Flemington."
b. 
The municipal court of the Borough of Flemington shall have an official seal which shall bear the impress of the name of the court.
c. 
The court created hereby shall be presided over by a judge, who shall be known as the judge of the municipal court of the Borough of Flemington, and who shall be appointed pursuant to the provisions of N.J.S.A. 2A:8-5. The judge of the municipal court of the Borough shall serve for a term of three years from the date of his appointment to fill a vacancy caused other than by expiration of term shall be made for the unexpired term only.
d. 
The judge of the municipal court of the Borough shall possess the qualifications set forth in N.J.S.A. 2A:8-7.
e. 
The judge of the municipal court of the Borough shall be compensated by an annual salary to be paid by the Borough, which salary shall be fixed by ordinance adopted by the Mayor and Common Council of the Borough of Flemington. The compensation so paid shall be in lieu of any and all other fees.
f. 
Municipal court staff.
1. 
There shall be a clerk of the municipal court of the Borough who shall be appointed by the Mayor with the advice and consent of the Common Council of the Borough. Said clerk shall serve a term of one year from date of his or her appointment and until his or her successor is appointed and qualified. The clerk of the municipal court of the Borough shall receive an annual salary as fixed by ordinance.
2. 
The Mayor and Common Council of the Borough may, by ordinance or resolution, provide for other necessary clerical and other assistance for the municipal court and provide for their compensation. The Mayor and Common Council of the Borough may, by ordinance or resolution, designate any officer or employee of the Borough to serve as clerk of the municipal court with or without additional compensation.
3. 
There may be a violations clerk of the municipal court of the Borough appointed by the Mayor with the advice and consent of the Common Council of the Borough. Said violations clerk, if one is appointed, shall serve a term of one year from date of his or her appointment and until his or her successor is appointed and qualified. The violations clerk of the municipal court of the Borough shall receive an annual salary as fixed by ordinance.
g. 
The municipal court of the Borough and the municipal judge thereof shall have, possess and exercise, all of the functions, powers, duties and jurisdiction conferred by law upon said court and judge.
h. 
The office of prosecutor of the municipal court of the Borough is hereby established. The prosecutor shall be appointed by the Mayor with the advice and consent of the Common Council of the Borough and shall serve for a term of one year from his or her appointment, or until his successor is appointed and qualified. The prosecutor of the municipal court of the Borough shall receive an annual salary as fixed by ordinance.
i. 
The prosecutor of the municipal court of the Borough shall appear and participate in all contested cases in the municipal court wherein a police officer of the Borough is the complaining witness.
a. 
Fee. Any person applying for representation by the municipal public defender shall pay an application fee of $200.00. The court may require that the fee be paid at once or in installments over a period of four months of less.
b. 
Waiver. The judge of the municipal court may waive the fee or part of the fee, but only upon a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation.
There shall be a board of health in the Borough which shall consist of seven members. The members of the board of health shall be appointed by the Mayor with the advice and consent of the Borough Council. Members shall be appointed for terms of four years, except that of the members first appointed one shall hold office for one year, one for two years, one for three years, and two for four years. Appointments to fill vacancies shall be made in the same manner as original appointments, and all such appointments shall be for the unexpired term only.
The board of health shall have the power and authority to adopt ordinances relating to the protection of the health of Borough residents, and shall have all the jurisdiction conferred upon boards of health by Title 26 of the Revised Statutes. The board of health shall elect a president and a vice president from its members, and shall appoint a secretary who may be a member of the board.
The members of the board shall serve without compensation. The secretary appointed by the board may receive compensation set by the board, commensurate with the duties performed.
The board may appoint a health officer or a sanitary inspector (not a member of the board), who shall be legally licensed by the State Department of Health.
[Amended 2-27-2023 by Ord. No. 2023-07]
There shall hereby be established a commission known as "the Shade Tree Commission of the Borough of Flemington." The commission shall consist of seven members and two alternate members. The members and alternate members shall be appointed by the Mayor with consent of the Council, shall be residents of the municipality, and shall serve without compensation, except as hereinafter provided.
[Amended 8-10-2020 by Ord. No. 2020-13]
a. 
There shall be a Shade Tree Commission established in the Borough of Flemington, which shall consist of seven members. Each member shall be a resident of the Borough and be appointed by the Mayor for a five-year term. The terms of all members of the Shade Tree Commission shall expire on December 31, 2020. Thereafter, appointments will be made on a staggered basis and of the members initially appointed, one member shall be appointed to serve for a term of one year, one member shall be appointed to serve a term of two years, one member shall be appointed to serve a term of three years, one member shall be appointed to serve a term of four years, and one member shall be appointed to serve a term of five years. Thereafter, all appointments shall be made for a term of five years.
[Amended 2-27-2023 by Ord. No. 2023-07]
b. 
The alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2" and shall serve during the absence or disqualification of any regular member or members. The terms of all alternate members shall expire on December 31, 2020. The initial term of Alternate No. 2 shall be four years and the initial term of Alternate No. 1 shall be five years. The terms of the first alternate members appointed pursuant to this section shall commence on the day of their appointment. An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
The commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year, and thereafter annually by the election of one of its members as chairman, and the appointment of a secretary, who need not be a member.
Any vacancy occurring by reason of the death, resignation or removal of any commissioner shall be filled for the unexpired term, by the authority having power to make the original appointments.
The Shade Tree Commission of the Borough of Flemington shall have power to:
a. 
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 on State or county property unless permission is given by the appropriate authority, including the planting, trimming, spraying, care and protection thereof;
b. 
Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection;
c. 
Move or require the removal of any tree, or part thereof, dangerous to public safety;
d. 
Encourage arboriculture;
e. 
Administer treatment to, or remove, any tree situated upon private property which is believed to harbour 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.
Except as hereinafter provided the initial cost of all trees planted by the commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof, and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the commission shall so determine, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost if it is so determined that it is to be paid by the owner shall, unless paid directly to the commission be certified by it to the collector of taxes of the municipality; shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof, and be collected in the same manner as other taxes against that property.
The provisions of this section shall not apply to:
a. 
A planting to replace a tree or trees theretofore planted by the commission;
b. 
A planting in connection with Arbor Day exercises or other educational demonstration.
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees the commission shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the municipality, or by personal service of a copy of the notice upon the abutting owner at least ten days before the meeting. The notice shall specify the street, streets, or portions thereof, on which such planting is proposed and require all persons who may object thereto to present their objections in writing at the office of the commission at or before the meeting. Before final action shall be taken all objections so filed shall be considered. The commission shall give reasonable notice of its intention to remove, or cause the removal of, a tree, or part of a tree, dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
No statute giving any person or State, county or municipal board, body or official, power or authority to lay any sidewalk along, or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the shade tree commission within whose jurisdiction such tree shall be located. In all cases such commission shall reasonably co-operate with such person, board, body or official for the general public good.
Nothing in this chapter contained shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction, or to give to any other commission or board any power or authority with respect to such trees or shrubbery.
During the month of December in each year, the shade tree commission shall certify to the governing body of the municipality, the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made for; namely,
a. 
Expenses of commission members in discharging official duties including expenses incident to attendance at professional meetings;
b. 
Purchase of trees and shrubbery; and
c. 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
The governing body of the municipality shall annually appropriate such sum as it may deem necessary for said purposes.
a. 
The commission may prescribe a fine for the violation of each of its ordinances in an amount not exceeding $1,500.00 for each violation, and the courts which now or hereafter shall have jurisdiction over actions for the violation of ordinances of the municipality in which the commission has been or shall be appointed shall have jurisdiction in actions for the violation of such ordinances as the commission shall enact.
The ordinances shall be enforced by like proceedings and process and the practice for the enforcement thereof shall be the same as that provided by law for the enforcement of the ordinances of the municipality in which the commission exists.
The property maintenance inspector and/or zoning official authorized by law to serve and execute process in the aforementioned courts shall be the officers to serve and execute any process issued out of any court under this section.
A copy of any ordinance of the commission, certified to under the hand of its secretary, or chairman shall be received in any court of this State as full and legal proof of the existence of the ordinance, and that all requirements of law in relation to the ordaining, publishing and making of the same, so as to make it legal and binding, have been complied with, unless the contrary be shown.
b. 
In addition to the penalties authorized by Subsection a of this §, the commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or Certified Tree Expert retained by the commission for that purpose. In lieu of an appraisal, the commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27.00 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of this subsection, "diameter at breast height" shall mean the diameter of the tree taken at a point four and one-half feet above ground level. The commission shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.
c. 
Any public utility or cable television company that clears, moves, cuts, or destroys any trees, shrubs, or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures, necessary for the supply of electric light, heat or power, communication, or cable television services upon any lands in which it has acquired an easement or right-of-way, shall not be subject to any penalty imposed by a commission pursuant to paragraphs a or b of this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
All moneys collected in the municipality, either as fines or penalties, for any violation of a rule or regulation of a shade tree commission, or as a charge against real estate, under any provision of this section, shall be forthwith paid over to the municipal officer empowered to be custodian of the funds of the municipality.
Nothing in this section contained shall be construed to make the shade tree commission or any member thereof, or any volunteer participating in a community forestry program as provided for by Section 4. of P.L. 1996, c. 135 (C.13:1L-17.4), responsible for the death or injury of any person, or for an injury to any property or highway tree or shrub. Liability for any such death or injury shall be governed by the provisions of Section 16 of P.L. 1996, c. 135 (C.59:4-10) and any other relevant provisions of the "New Jersey Tort Claims Act," N.J.S.A. 59:1-1 et seq.
a. 
Statement of Purpose. The Borough of Flemington finds that:
1. 
Flemington has an abundance of trees that have benefited citizens for many years, providing protection, shade, and food for wildlife.
2. 
Flemington trees have played an important role in the quality of life and the economic value of homes and properties in the Borough.
3. 
Flemington trees have acted as purifying systems for the air, and helped to control erosion and flooding through their root systems.
4. 
Flemington trees have improved the quality of life in the Borough by providing shade, reducing noise and glare, and providing an essential natural landscape.
5. 
Flemington trees have provided valuable energy saving benefits by moderating the effects of heat in summer and cold in winter.
Therefore, the Borough of Flemington has determined a need to safeguard the community's interest in large trees that comprise the community's natural resources, and to protect these resources from deforestation or indiscriminate or excessive tree removal in an effort to preserve the general welfare of the community. This subsection aims to preserve as many large trees throughout the Borough by requiring property owners to protect and preserve as many large trees as set forth in this subsection.
b. 
Definitions.
LARGE TREE
Shall mean a tree with a caliper of at least ten inches, measured at a point four and one-half feet from the ground.
SHADE TREE COMMISSION
Shall mean the commission responsible for overseeing this subsection on behalf of the Borough and with the consent of the Borough's Council.
TREE
Shall mean a woody plant having at least one well-defined stem and a more or less definitely formed crown, usually attaining a height of at least eight feet.
TREE REMOVAL PERMIT
Shall mean the permit, which must be obtained before any large tree may be removed, as specified in this subsection.
c. 
Exemptions. The following activities do not require a tree permit:
1. 
The removal of large trees on any approved construction permit or permit to improve real property to the extent specifically authorized in the permit.
2. 
The removal of large trees in accordance with a plan approved by the planning board or the board of adjustment, so long as the approval includes a requirement that the applicant replace two trees for each large tree removed with two new trees as provided in this subsection.
3. 
The pruning, trimming or maintenance of large trees in a manner which is not harmful to the health of the tree.
4. 
The removal of large trees which are diseased, dead, partially or completely fallen by acts of nature, or which endanger public safety.
d. 
Tree Removal Permit. A tree removal permit shall be required for all trees designated as large trees, and all trees planted through the Borough Adopt-A-Tree Program, all of which shall be protected from cutting or destruction within the Borough, except as allowed in Subsection c above. It shall be unlawful to cut or otherwise cause the death of any tree having the large tree designation, except as otherwise provided in this subsection, without first having obtained a permit.
e. 
Enforcement Authority. The Borough zoning officer shall issue tree removal permits and monitor all work performed under any permit issued pursuant to this subsection. Any person residing, owning property or owning or operating a business in the Borough may request that the shade tree commission examine any tree to determine if that tree should be protected as a large tree.
The shade tree commission shall prepare, maintain and update when necessary a record of all large trees covered by the provisions of this subsection. Preparation of this record shall be completed within one year of the enactment of this subsection or as soon as practical thereafter. Designation of trees as large trees shall transfer with the sale of any property in the Borough so that the new owner of the property shall be bound by said designation.
f. 
Application for Tree Removal Permits. A tree permit shall be obtained for the removal of any tree protected by this subsection by submitting a written application to the Borough zoning official, together with a $10.00 filing fee. The application shall include the applicant's name and address, the consent of the owner of the land upon which the tree(s) is located, and the location on the property of the tree(s) to be removed. The Borough zoning official shall respond within seven days of receipt of a tree removal application. Permits shall be valid for a period of three months, and must be displayed prominently at the address where the tree is to be removed. Application forms shall be made available at Borough Hall.
g. 
Approval of the Tree Removal Permit. Upon receipt of an application for removal of a large tree the Borough zoning official shall visit and inspect the site and shall approve the permit for those trees that meet one or more of the following criteria: (1) tree removal is necessary to allow reasonable use of the property; (2) tree removal will not adversely affect community benefits as stated in Subsection a., or the property owner plans to replace the tree with a tree not less than two and one-half inch diameter measured at a height of four and one-half feet above the ground and type, which shall be the same species or a species that will provide community benefits as stated in Subsection a.
The planting of a replacement tree shall be within the property that contained the tree removed or, if this is not possible, elsewhere in the Borough within public property at a site to be determined by the Borough zoning official with the advice but not the consent of the shade tree commission.
h. 
Appeal Procedures. Any person may appeal in writing to the Borough Council within 14 days of the written decision of the Borough zoning official approving or denying a tree removal permit, or approving or denying large tree status. The Council shall decide any such appeal based upon the criteria set forth in this subsection.
i. 
Penalties. Any person who violates any of the provisions of this subsection shall be subject to a fine of $500.00 for each large tree that has been harmed or destroyed. All fines and other penalties paid shall be placed in an account for the shade tree commission to plant, replace or maintain trees throughout the Borough.
A conservation commission is hereby created for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Borough.
The commission shall consist of seven members appointed by the Mayor, one of whom shall be a member of the planning board and all of whom shall be residents of the municipality. The members shall serve without compensation except as hereinafter provided. The Mayor shall designate one of the members to serve as chairman and the presiding officer of the commission. The terms of office of the first commissioners shall be for one, two or three years, to be designated by the Mayor in making his appointments, so that the terms of approximately one-third of the members will expire each year, and their successors shall be appointed for three years and until the appointment and qualification of their successors. The Mayor or Council of the Borough may remove any member of the commission for cause, on written charges served upon the member, and after a hearing thereon in 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.
a. 
The conservation commission shall have power to conduct research into the use and possible use of Flemington and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marsh lands, swamps or other wet lands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the planning board plans and programs for inclusion in a municipal master plan and the development and use of such areas.
b. 
The conservation commission may, subject to the approval of the Council, acquire property, both real and personal, in the name of the Borough by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement, including conservation easement, covenant or other contractual right, including a conveyance on conditions or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit future use, or otherwise conserve and properly utilize open spaces and other land and water areas in the Borough.
c. 
The conservation commission shall keep records of its meetings and activities and shall make an annual report to the Common Council.
d. 
The Common Council may appropriate funds for the expenses incurred by the conservation commission. The commission may appoint such clerks and other employees as it may from time to time require and shall be within the limits of funds appropriated to it.
There shall be a rent leveling board established and which shall have such powers as are set forth in § 14-3[1] of this revision.
[1]
Editor's Note: Former Chapter 14, is reserved.
There shall be four election districts as follows:
Bounded on the west by the center line of Main Street, on the north by Pennsylvania Avenue, and east by the Borough line, and on the south by the center line of Maple Avenue.
Bounded on the east by the center line of Main Street, on the north and west by the Borough line, and on the south by the center line of Mine Street.
Bounded on the north by the center lines of Mine Street and Maple Avenue, on the west by the center line of Main Street and the Borough line, on the east by the Borough line, and on the south by the Borough line.
Bounded on the east by the center line of Main Street, on the north and east by the Borough line, and on the south by the center line of Pennsylvania Avenue.
Former Section 2-14, Retirement Age, previously codified herein and containing portions of Ordinance No. 4-1970, was repealed in its entirety by Ordinance No. 2013-6.
There is hereby created a public works committee in and for the Borough to be composed of the Mayor and the councilmen in charge of the water department, sewerage treatment and collection, trash and garbage collection, landfill, streets, and buildings and grounds.
a. 
Creation. There is hereby created and established the office of public works director.
b. 
Appointment; Term. The Mayor shall nominate and appoint the public works director, with the advice and consent of the Borough Council. The term of office of the public works director shall begin on January 1, and expire one year thereafter on December 31.
c. 
Reporting. The public works director shall report to the public works committee.
d. 
Compensation. The compensation of the public works director shall be as established from time to time by the Mayor and Council, according to law.
e. 
Residency Requirement. The public works director shall, at the time of his appointment or within six months thereafter, establish and maintain a bona fide residence within 12 miles of the Borough. Failure to comply with this regulation shall be deemed a sufficient cause for removal or discharge.
f. 
Physical Examination. Prior to his employment as such, the public works director shall submit to a physical examination so as to determine his physical fitness for the position of public works director.
The public works director shall have proven supervisory or operating capability in at least one of the areas of his responsibility as herein set forth and show evidence of acquiring supervisory or operating capability in the areas. Proof of such capability may consist of one or more of the following:
a. 
Possession of licenses issued by the State of New Jersey as an operator of a sewer and/or water plant.
b. 
Proven ability to operate street maintenance and repair equipment such as jackhammer, roller, snowplow, backhoe, etc.
c. 
Experience in on-site supervision of employees in related areas.
d. 
Demonstrated ability to plan work schedules.
e. 
Experience in personnel matters.
f. 
Experience in dealing with the public in general.
The director of public works shall be responsible for:
a. 
Supervising the overall operation of the street department, water department, sewer department and department of buildings and grounds.
b. 
Directing and supervising all Borough employees employed by the street department, water department, sewer department, and department of buildings and grounds, with full authority to direct which employees are to perform which tasks.
c. 
Planning, coordinating and supervising the completion of all projects and jobs undertaken by the street department, water department, sewer department, and department of buildings and grounds.
d. 
Planning for and supervising the maintenance and repair of all property owned or controlled by the Borough whether real or personal.
e. 
Supervising the collection of garbage and, in connection there-with, receiving and following up on complaints, and in general, seeing that the collection of garbage is performed in accordance with garbage collection contract provisions as may exist from time to time.
f. 
Supervising the operation of the Flemington-Raritan Joint Land-fill at such times when it shall be the responsibility of the Borough of Flemington so to do under its agreement with the Township of Raritan, and in the event that a Flemington-Raritan Joint Landfill Committee is formed, the public works director shall be a member of such committee.
There is hereby created, pursuant to N.J.S.A. 44:8-115, a local assistance board composed of five persons. At least one member of the local assistance board shall be a woman. All members shall be appointed by the Mayor with the advice and consent of the Borough Council. All members shall serve without compensation, but shall be allowed their necessary and actual expenses.
The term of one member of the local assistance board shall be for one year and such member only may be appointed from among the membership of the governing body of the Borough of Flemington. The term of office of the other four members shall be four years each, one term expiring in each year. The term of each member of the local assistance board shall begin on the first day of January, and each member shall continue in office until his successor shall be appointed and shall qualify.
The local assistance board shall organize and select a chairman and a secretary, and shall appoint a director of welfare who shall be the first executive and administrative officer of the board. He shall hold office for a term of five years from the date of his appointment, and shall be paid such salary as may be fixed by such board subject to approval by the Mayor and Common Council of the Borough. In case of vacancy in the office of director of welfare, one temporary or acting director may be appointed to serve for not more than 90 days.
Other employees in such number as may be necessary to properly administer public assistance, shall be appointed in the same manner as other employees of the Borough.
No employee of the welfare department of the Borough whose compensation is paid from funds received or appropriated for public assistance or the administration thereof in any manner shall hold any office in any political party.
The director of welfare shall:
a. 
Supervise by periodic investigation every person receiving public assistance, such investigation to be made by visitation at least once a month;
b. 
Reconsider from month to month, the amount and nature of public assistance given and alter, amend or suspend the same when the circumstances so require;
c. 
Devise ways and means for bringing persons unable to maintain themselves to self-support or to the support of any other person or agency able and willing so to do;
d. 
Keep full and complete records of such investigation, super-vision, assistance and rehabilitation, and of all certifications of persons for employment or benefits and cancellations thereof, in such manner and form as required by the commissioner of the department of human services;
e. 
Bring about appropriate action for commitment to any State or county institution where the best interest of the needy persons would be so served;
f. 
Perform such other duties and functions as set forth in N.J.S.A. 44:8-120 et seq.
The local assistance board shall keep records of its meetings and activities and shall make an annual report to the Mayor and Borough Council, not later than the last Council meeting of each calendar year, and such other reports as may from time to time be requested by the Mayor and Common Council.
Any applicant for a permit, license, approval, or relief used or useable in connection with a designated parcel of real property located in the Borough of Flemington shall submit proof with such application that all real property has been paid through the quarter in which the application is filed.
No permit, license, approval or relief used or useable in connection with a designated parcel of real property located in the Borough of Flemington shall be issued by any board, body, officer, or employee of the Borough unless all real estate taxes assessed against such real property have been paid through the then-current quarter.
[1]
EDITOR'S NOTE: PRIOR ORDINANCES CODIFIED HEREIN INCLUDE PORTIONS OF ORDINANCE NOS. 5-1985, 13-1985, 16-1989.
Any person charged with violating any section or subsection of "The Revised General Ordinances of the Borough of Flemington 1975" shown on Schedule A may waive his right to appear before the judge of the municipal court of the Borough by payment of the fine set opposite such offense.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
For any offense not listed on Schedule A, the Local Supplemental Violations Bureau Schedule, a court appearance is required, unless the court authorizes a defense by affidavit in accordance with the provisions of Court Rule 7:12-3. For offenses involving traffic accidents resulting in personal injury, a court appearance is also required.
The Office of Flemington Parking Enforcement Officer is hereby established. Not more than four parking enforcement officers may be appointed in the manner prescribed by § 2-19.2 hereof.
The Mayor shall nominate and, with the advice and consent of the Borough Council, appoint parking enforcement officers.
The term of office of a parking enforcement officer shall run from the date of appointment to the 31st day of December at 12:00 Midnight immediately following such appointment.
A parking enforcement officer shall possess the power and authority to:
a. 
Issue a parking ticket for a parking offense, as those terms are defined in the "Parking Offenses Adjudication Act," P.L. 1985, c. 14 (N.J.S.A. 39:4-139.2 et seq.);
b. 
Serve and execute all process for any parking offense issuing out of the Municipal Court of the Borough of Flemington; and,
c. 
Cause any vehicle parked, stored or abandoned in the Borough of Flemington in violation of a statute, resolution, ordinance or regulation to be towed away from the scene of the violation and to collect from the vehicle owner or owner's agent, on behalf of the Borough of Flemington, the costs of the towing and subsequent storage of the vehicle before surrendering the vehicle to the owner or agent.
A parking enforcement officer is not a special law enforcement officer within the meaning of the "Special Law Enforcement Officers Act," P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8 et seq.) and is not a member of the Police Department of the Borough of Flemington.
No parking enforcement officer may carry or use a firearm while on duty.
A parking enforcement officer is deemed to be on duty while the officer is performing the public safety functions enumerated in § 2-19.4 and for which the officer is receiving compensation, if any, from the Borough of Flemington at the rates as may, from time to time, be established by ordinance.
No person may be appointed as a parking enforcement officer unless, at a minimum, the person:
a. 
Is a resident of the State of New Jersey during the term of appointment;
b. 
Is able to read, write and speak the English language well and intelligently;
c. 
Is of sound mind and in good health;
d. 
Is of good moral character; and,
e. 
Has not been convicted of any offense involving dishonesty which would make the person unfit to perform the duties of his office.
An applicant for the position of parking enforcement officer appointed pursuant to this section shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and Federal Bureau of Investigation.
Before any parking enforcement officer is appointed, the Chief of Police of the Borough of Flemington shall ascertain the eligibility and qualifications of the applicant and report these determinations in writing to the Mayor and Borough Council.
No person appointed as a parking enforcement officer may commence duties as such unless that person has successfully completed a training course conducted or approved by the Borough Council of the Borough of Flemington. The Borough Council may waive this training requirement for any person otherwise eligible to be appointed as a parking enforcement officer under this section if the person possesses substantially equivalent training and background, as determined by the chief of police.
Prior to the commencement of duties, every parking enforcement officer shall be furnished with a uniform which shall clearly identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name "Borough of Flemington." The uniform shall also include an insignia issued by the Borough of Flemington which clearly indicates the officer's status as a parking enforcement officer. The uniform shall be distinct in color from the uniform of a regular police officer or special law enforcement officer.
The compensation of all parking enforcement officers shall be as, from time to time, fixed by ordinance of the Borough of Flemington. For 1988 and until hereafter changed, the rate of compensation of parking enforcement officers shall be at the rate of $6.00 per hour.
This section shall take effect immediately after final passage and publication according to law.
The position of chief financial officer is hereby created in and for the Borough of Flemington.
The chief financial officer shall be appointed by the Mayor with the advice and consent of the Borough Council.
The term of office of the chief financial officer shall be one year and shall commence January 1 of each year.
No person shall be appointed to the position of chief financial officer unless such person has the qualifications required by N.J.S.A. 40A:9-140.1, et. seq.
Every person who is serving as the chief financial officer of the Borough of Flemington and has served in that position for a period of not less than five consecutive years and who is a holder of a municipal finance officer certificate issued in accordance with N.J.S.A. 40A:9-140.1, et seq., shall be granted tenure of office upon filing with the Clerk of the Borough of Flemington and with the Division of Local Government Services in the Department of Community Affairs, a notification evidencing his compliance with such tenure requirements. Thereafter, the person shall continue to hold office during good behavior and efficiency, and shall not be removed therefrom except for just cause and then only after a public hearing upon a written complaint setting forth the charge or charges against him pursuant to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification by the Director of the Division of Local Government Services pursuant to N.J.S.A. 40A:9-140.5.
The compensation of the chief financial officer shall be as, from time to time, fixed by ordinance of the Mayor and Borough Council.
[Amended 5-13-2024 by Ord. No. 2024-11]
The chief financial officer shall:
a. 
Carry out the responsibilities set forth under N.J.S.A. 52:27BB-26, et seq.,
b. 
For the Borough of Flemington:
1. 
Maintain a cash receipts book and cash disbursement book for all funds of the Borough of Flemington, except for funds received and disbursed by the Borough Clerk, planning board, board of adjustment, tax collector, utilities clerk and The Flemington Building Department, consisting of the construction official, building subcode official, plumbing subcode official, electrical subcode official and fire protection subcode official.
2. 
Reconcile all bank accounts maintained by the Borough of Flemington, except bank accounts maintained by the officers, boards and departments specifically set forth in Subsection 1 above.
3. 
Maintain a general ledger for at least the current fund and prepare monthly a balanced trial balance.
4. 
Maintain a general journal to record all journal entries that are then posted to the general ledger.
5. 
Prepare and submit to the Borough Clerk monthly a report showing all receipts and disbursements from January 1 for each account segregated by funds, which report shall show each line item appropriation, all encumbrances against each line item and each line item balance all to the date of each report.
6. 
Record all capital and current fund grants in a journal, together with the time or times such grants are to be received, the time and times and amounts when grant funds are received and if not received at the time or times set forth in the grant award, notify the councilperson in charge of finance of such non-receipt; the chief financial officer also shall see that the grant monies are spent within the time allocated by the grant and oversee that the grant monies are properly applied.
7. 
Deposit all Flemington funds received by him to Flemington's credit in an approved bank within 48 hours of receipt.
8. 
Foot and cross-foot the receipt book, disbursement book and general ledger monthly and balance each.
9. 
Sign checks in payment of vouchers after the governing body authorizes payment of such vouchers, but only after comparing the approved bill payment list with the check to determine that the payee and amount of payment are the same on the bill list and the check.
10. 
Serve as the Borough's Treasurer, which shall incorporate all the duties enumerated in Subsections 2-20.7b1 through 2-20.7b9 of this part, inclusive.
c. 
For the Flemington Free Public Library:
1. 
Maintain a cash receipts book and cash disbursement book for all funds of the Flemington Free Public Library.
2. 
Reconcile all bank accounts maintained by the Flemington Free Public Library.
3. 
Prepare monthly a balanced trial balance.
4. 
Prepare and submit to the Borough Clerk monthly a report showing all receipts and disbursements from January 1 for each account segregated by restricted and nonrestricted funds, which report shall show each line item appropriation, all encumbrances against each line item and each line item balance all to the date of each report.
5. 
Foot and cross-foot the receipt book and disbursement book monthly and balance each.
6. 
Sign checks in payment of vouchers after the library board of trustees authorizes payment of such vouchers, but only after comparing the approved bill payment list with the check to determine that the payee and amount of payment are the same on the bill list and the check.
[Added 5-13-2024 by Ord. No. 2024-11]
a. 
The Borough may appoint a Deputy Treasurer to assist the Chief Financial Officer in the duties and responsibilities enumerated in Subsection 2-20.7 hereof.
b. 
The duties of the Deputy Treasurer shall include, but not be limited to, the handling of daily revenue collections (including tax, water, and sewer payments) as well as the Borough's general revenues; the processing of accounts payable, which shall include the inputting and mailing of purchase orders, handling of accounts with vendors, and the creation of the monthly bill list and the issuance of checks related thereto.
c. 
In the absence of a Deputy Treasurer, the Chief Financial Officer, or their designee, shall ensure that the duties and responsibilities enumerated herein are carried out.
[Added 5-13-2024 by Ord. No. 2024-11]
a. 
The Borough shall appoint a Tax Collector/Utility Collector pursuant to N.J.S.A. 40A:9-141, which shall be part time in nature and shall report to the Chief Financial Officer of the Borough.
b. 
Pursuant to N.J.S.A. 40A:9-141, the governing body may, by resolution, set appropriate hours of operation of the tax collector's office and the work hours of the tax collector, commensurate with the compensation paid to the tax collector, and all personnel assigned to the tax collector' s office.
c. 
The Tax Collector/Utility Collector shall perform all the of the duties required by statute, including billing, maintenance, collection, and accounting of tax and water/sewer utility accounts as well as enforcement actions related thereto.
This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Borough of Flemington.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor is hereby authorized to enter into a cooperative pricing agreement with the lead agency.
The lead agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) in regard to bidding and all other provisions of the revised statutes of the State of New Jersey.
The Borough of Flemington shall be responsible for entering into contracts and for complying with its responsibilities as set forth in the cooperative pricing agreement.
N.J.S.A. 40A:14-156.1 authorizes the governing bodies of two or more municipalities to enter into an agreement with each other for municipal police aid in case of an emergency. The Mayor and Common Council of this Borough believes that it would be in the best interest of the residents of the Borough for the Borough to enter into such an agreement with other nearby municipalities. Proposed agreements have been prepared providing for such mutual aid; and the Mayor and Common Council of this Borough desires to enter into such agreements.
Pursuant to N.J.S.A. 40A:14-156.1, this Borough enters into the form of agreement annexed to and made part of this section,[1] known as mutual aid agreement, with all of the municipalities who adopt an ordinance reciprocal to this one and are willing to, and do, enter such mutual aid agreement.
[1]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk attached to Ordinance 1995-31.
The Mayor and Borough Clerk be, and they hereby are authorized and directed to execute said agreements on behalf of this Borough.
This section shall take effect immediately after publication following final passage in accordance with law and shall apply to the municipalities who adopt an ordinance reciprocal to this section and enter the said Mutual Aid Agreement with this Borough.
[1]
Editor's Note: Former § 2-23, Economic Development Commission, previously codified herein and containing portions of Ordinance Nos. 15-1998 and 2-1999, was repealed in its entirety by Ordinance No. 2004-2.
There is hereby established in the Borough of Flemington, Hunterdon County, New Jersey, a department the name of which shall be "The Borough of Flemington Department of Community and Economic Development."
The Borough of Flemington Department of Community and Economic Development shall consist of the following:
a. 
One director of community and economic development;
b. 
Such administrative and support personnel as shall be designated to the department by the Mayor and Borough Council;
c. 
Such volunteers as may be recruited by the director.
The director of community and economic development shall be the head of the Borough of Flemington Department of Community and Economic Development and shall be ultimately responsible to the Mayor and Borough Council for the day to day operations of the department. Pursuant to policies established by the director in concert with the Mayor, the commissioner of the department as established below and the representative from the Borough Council to the planning board, the director shall:
a. 
Have, exercise and discharge the functions, powers and duties of the department, to include developing and implementing a comprehensive plan for community and economic development which may consist in part of the development and implementation of a version of the National Trust for Historic Preservation's 4-point model;
b. 
Be in charge of production of the Borough newsletter and maintenance of Borough website;
c. 
Prescribe the duties and assignments of all staff and volunteers within the department;
d. 
Delegate such of the director's authority as the individual shall deem necessary for the efficient operation of the department;
e. 
Report at least quarterly in writing to the Mayor and the Borough Council, on the operation of the department during the preceding quarter.
There shall hereby be established a Commissioner of Community and Economic Development of the Borough of Flemington.
The commissioner of community and economic development shall at all times be a member of the governing body of the Borough of Flemington.
The term of office of the commissioner, for all years excepting 2004 shall begin on January 1 and expire one year thereafter on December 31. For the year 2004, the term of commissioner shall begin on the date of appointment and expire on December 31, 2004.
The Mayor shall nominate and, with the advice and consent of the Borough Council, appoint the commissioner.
The commissioner shall be the direct line of communication between the director of the department and the Mayor and Borough Council. The commissioner shall meet and communicate with the director as and when reasonably requested by the director and shall convey all such communication to the Mayor and Borough Council within a reasonable time thereafter.
The commissioner shall serve without compensation over and above the compensation to which such commissioner is entitled as a member of the governing body of the Borough of Flemington.
[1]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk attached to Ordinance No. 2004-4.
The Flemington Borough Fire Department and the other nearby municipalities in which they are located are desirous of entering into a mutual aid firefighting agreement.
The entry of the aforesaid agreement is authorized by N.J.S.A. 40A:14-156.1.
For the aforesaid agreement to be effective, all municipalities executing the same must adopt reciprocal ordinances authorizing the execution of the said agreement.
The Mayor and Borough Clerk are hereby authorized and directed to execute the attached mutual aid firefighting agreement on behalf of the Borough of Flemington.
The attached mutual aid firefighting agreement will only be effective upon the adoption of a reciprocal ordinance authorizing its execution by the various nearby municipalities and its actual execution by the said municipalities and its fire chief.
[Amended 4-8-2024 by Ord. No. 2024-05]
The Borough of Flemington Department of Community Event Planning shall consist of the following:
a. 
One director of community event planning;
b. 
The Director of Public Works, or their designee;
c. 
The Borough Clerk, or their designee;
d. 
The Chief of Police, or their designee;
e. 
The Emergency Management Coordinator, or their designee;
f. 
Such volunteers as may be recruited by the director.
The director of community event planning shall be the head of the Borough of Flemington Department of Community Event Planning and shall be ultimately responsible to the Mayor and Borough Council for the day-to-day operations of the department. Pursuant to policies established by the director in concert with the Mayor and Borough Council, the commissioner of the department as established below shall:
a. 
Have, exercise and discharge, the functions, powers and duties of the department, to include developing and implementing a comprehensive plan for community events.
b. 
Prescribe the duties and assignments of all staff and volunteers within the department;
c. 
Delegate such of the director's authority as the individual shall deem necessary for the efficient operation of the department;
d. 
Report at least quarterly in writing to the Mayor and the Borough Council, on the operation of the department during the preceding quarter.
There shall be established a Commissioner of Community Event Planning of the Borough of Flemington.
The commissioner of community event planning shall at all times be a member of the governing body of the Borough of Flemington.
For the year 2006, the term of commissioner shall begin on the date of appointment and expire on December 31, 2006.
The Mayor shall nominate and, with the advice and consent of the Borough Council, appoint the commissioner.
The commissioner shall be the direct line of communication between the director and the department and the Mayor and Borough Council. The commissioner shall meet and communicate with the director as and when reasonably requested by the director and shall convey all such communication to the Mayor and Borough Council within a reasonable time thereafter. The commissioner shall be responsible for the Borough newsletter and Borough website.
The commissioner shall serve without compensation over and above the compensation to which such commissioner is entitled as a member of the governing body of the Borough of Flemington.
Pursuant to N.J.S.A. 43:l5C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Business administrator;
b. 
Municipal attorney;
c. 
Municipal engineer;
d. 
Municipal prosecutor;
e. 
Municipal court judge.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:l5C-2:
a. 
Tax collector;
b. 
Chief financial officer;
c. 
Construction code official;
d. 
Qualified purchasing agent;
e. 
Tax assessor;
f. 
Municipal planner;
g. 
Registered municipal clerk;
h. 
Licensed uniform subcode inspector;
i. 
Principal public works manager.
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A.43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Penalties and Benefits.
The risk to the Borough of Flemington, its employees and customers from data loss and identity theft is of significant concern to the Borough and can be reduced only through the combined efforts of every employee and contractor.
The Borough of Flemington adopts this sensitive information policy to help protect employees, customers, contractors and the Borough from damages related to the loss or misuse of sensitive information.
a. 
The policy will:
1. 
Define sensitive information;
2. 
Describe the physical security of data when it is printed on paper;
3. 
Describe the electronic security of data when stored and distributed; and
4. 
Place the Borough in compliance with State and Federal law regarding identity theft protection.
b. 
This policy enables the Borough of Flemington to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the Borough from fraudulent new accounts. The program will help the Borough of Flemington:
1. 
Identify risks that signify potentially fraudulent activity within new or existing covered accounts;
2. 
Detect risks when they occur in covered accounts;
3. 
Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and
4. 
Update the program periodically, including reviewing the accounts that are covered and the identified risks that are part of the program.
This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers at the Borough of Flemington, including all personnel affiliated with third parties.
a. 
Sensitive Information Policy.
1. 
Definition of Sensitive Information. Sensitive information -- includes the following items whether stored in electronic or printed format:
(a) 
Credit card information, including any of the following:
(1) 
Credit card number (in part or whole);
(2) 
Credit card expiration date;
(3) 
Cardholder name;
(4) 
Cardholder address.
(b) 
Tax identification numbers, including:
(1) 
Social Security number;
(2) 
Business identification number;
(3) 
Employer identification numbers.
(c) 
Payroll information, including, among other information:
(1) 
Paychecks;
(2) 
Pay stubs.
(d) 
Cafeteria plan check requests and associated paperwork.
(e) 
Medical information for any employee or customer, including but not limited to:
(1) 
Doctor names and claims;
(2) 
Insurance claims;
(3) 
Prescriptions;
(4) 
Any related personal medical information.
(f) 
Other personal information belonging to any customer, employee or contractor, examples of which include:
(1) 
Date of birth;
(2) 
Address;
(3) 
Phone numbers;
(4) 
Maiden name;
(5) 
Names;
(6) 
Customer number.
(g) 
Borough of Flemington personnel are encouraged to use common sense judgment in securing confidential information to the proper extent. Furthermore, this section should be read in conjunction with the Open Public Records Act. If an employee is uncertain of the sensitivity of a particular piece of information, the employee should contact their supervisor. In the event that the Borough cannot resolve a conflict between this policy and the Open Public Records Act, the Borough will contact the Government Records Council.
2. 
Hard Copy Distribution. Each employee and contractor performing work for the Borough of Flemington will comply with the following policies:
(a) 
File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use.
(b) 
Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of the workday or when unsupervised.
(c) 
Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use.
(d) 
Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas will be erased, removed, or shredded when not in use.
(e) 
When documents containing sensitive information are discarded they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense (DOD)-approved shredding device. Locked shred bins are labeled "Confidential paper shredding and recycling." Borough of Flemington records, however, may only be destroyed in accordance with the city's records retention policy.
3. 
Electronic Distribution. Each employee and contractor performing work for the Borough of Flemington will comply with the following policies:
(a) 
Internally, sensitive information may be transmitted using approved e-mail. All sensitive information must be encrypted when stored in an electronic format.
(b) 
Any sensitive information sent externally must be encrypted and password protected and only to approved recipients. Additionally, a statement such as this should be included in the e-mail:
"This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited."
If the Borough of Flemington maintains certain covered accounts pursuant to Federal legislation, the Borough may include the additional program details.
a. 
Covered Accounts. A covered account includes any account that involves or is designed to permit multiple payments or transactions. Every new and existing customer account that meets the following criteria is covered by this program:
1. 
Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft; or
2. 
Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety or soundness of the Borough of Flemington from identity theft, including financial, operational, compliance, reputation, or litigation risks.
b. 
Red Flags.
1. 
The following red flags are potential indicators of fraud. Any time a red flag, or a situation closely resembling a red flag, is apparent, it should be investigated for verification.
(a) 
Alerts, notifications or warnings from a consumer reporting agency;
(b) 
A fraud or active duty alert included with a consumer report;
(c) 
A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or
(d) 
A notice of address discrepancy from a consumer reporting agency as defined in § 334.82(b) of the Fairness and Accuracy in Credit Transactions Act.
2. 
Red flags also include consumer reports that indicate a pattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
(a) 
A recent and significant increase in the volume of inquiries;
(b) 
An unusual number of recently established credit relationships;
(c) 
A material change in the use of credit, especially with respect to recently established credit relationships; or
(d) 
An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
c. 
Suspicious Documents.
1. 
Documents provided for identification that appear to have been altered or forged.
2. 
The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
3. 
Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
4. 
Other information on the identification is not consistent with readily accessible information that is on file with the municipality, such as a signature card or a recent check.
5. 
An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.
d. 
Suspicious Personal Identifying Information.
1. 
Personal identifying information provided is inconsistent when compared against external information sources used by the municipality. For example:
(a) 
The address does not match any address in the consumer report;
(b) 
The Social Security number (SSN) has not been issued or is listed on the Social Security Administration's Death Master File; or
(c) 
Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.
2. 
Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the Borough of Flemington. For example, the address on an application is the same as the address provided on a fraudulent application.
3. 
Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the municipality. For example:
(a) 
The address on an application is fictitious, a mail drop, or a prison; or
(b) 
The phone number is invalid or is associated with a pager or answering service.
4. 
The SSN provided is the same as that submitted by other persons opening an account or other customers.
5. 
The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other customers or other persons opening accounts.
6. 
The customer or the person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that application is incomplete.
7. 
Personal identifying information provided is not consistent with personal identifying information that is on file with the Borough of Flemington.
8. 
When using security questions (mother's maiden name, pet's name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
e. 
Unusual Use of, or Suspicious Activity Related to, the Covered Account.
1. 
Shortly following the notice of a change of address for a covered account, the Borough of Flemington receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account.
2. 
A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example, the customer fails to make the first payment or makes an initial payment but not subsequent payments.
3. 
A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example:
(a) 
Nonpayment when there is no history of late or missed payments;
(b) 
A material change in purchasing or usage patterns.
4. 
A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
5. 
Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's covered account.
6. 
The Borough of Flemington is notified that the customer is not receiving paper account statements.
7. 
The Borough of Flemington is notified of unauthorized charges or transactions in connection with a customer's covered account.
8. 
The Borough of Flemington receives notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the Borough.
9. 
The Borough of Flemington is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.
a. 
Once potentially fraudulent activity is detected, an employee must act quickly as a rapid appropriate response can protect customers and the Borough of Flemington from damages and loss.
1. 
Once potentially fraudulent activity is detected, gather all related documentation and write a description of the situation. Present this information to the designated authority for determination.
2. 
The designated authority will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic.
b. 
If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include:
1. 
Canceling the transaction;
2. 
Notifying and cooperating with appropriate law enforcement;
3. 
Determining the extent of liability of the municipality; and
4. 
Notifying the actual customer that fraud has been attempted.
a. 
At periodic intervals established in the program, or as required, the program will be reevaluated to determine whether all aspects of the program are up to date and applicable in the current business environment.
b. 
Periodic reviews will include an assessment of which accounts are covered by the program.
c. 
As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate.
d. 
Actions to take in the event that fraudulent activity is discovered may also require revision to reduce damage to the Borough of Flemington and its customers.
a. 
Involvement of Management.
1. 
The identity theft prevention program shall not be operated as an extension to existing fraud prevention programs, and its importance warrants the highest level of attention.
2. 
The identity theft prevention program is the responsibility of the governing body. Approval of the initial plan must be appropriately documented and maintained.
3. 
Operational responsibility of the program is delegated to Sandra Borucki and in future to Council liaison to police department.
b. 
Staff Training.
1. 
Staff training shall be conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may constitute a risk to the Borough of Flemington or its customers.
2. 
Sandra Borucki is responsible for ensuring identity theft training for all requisite employees and contractors, and in future to Council liaison to police department.
3. 
Employees must receive annual training in all elements of this policy.
4. 
To ensure maximum effectiveness, employees may continue to receive additional training as changes to the program are made.
c. 
Oversight of Service Provider Arrangements.
1. 
It is the responsibility of the Borough of Flemington to ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
2. 
A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements.
Any specific requirements should be specifically addressed in the appropriate contract arrangements.
[12-14-2020 by Ord. No. 2020-20]
The Borough publicly declares its intent to become an aggregator of electric power on behalf of its residential users of electricity pursuant to the Government Energy Act of 2003, N.J.S.A. 48:3-91.3 to 48:3-98, and implementing regulations. The Borough will become a member of the Hunterdon Area Energy Cooperative and utilize its energy consultants, Commercial Utility Consultants, Inc. and Concord Engineering Group dba Concord Energy Services, to administer and manage the Borough's electric aggregation program.
[1-25-2021 by Ord. No. 2021-1]
Pursuant to N.J.S.A. 40A:9-136 et seq., there is hereby created the office of the Business Administrator. The Business Administrator shall be a person qualified by education, training and experience to perform the duties of his or her office. If this position is filed on a full-time basis, this individual shall devote his or her entire time to the duties of the office and shall hold no other office nor engage in any other employment, except with the permission of the Mayor and Council. This individual shall be under the direct supervision of the Mayor and Council.
[1-25-2021 by Ord. No. 2021-1]
a. 
Pursuant to N.J.S.A. 40A:60-5g and 40A:60-6d, the Borough Administrator shall be appointed by the Mayor with the advice and consent of the Borough Council.
b. 
Pursuant to N.J.S.A. 40A:60-6d, if the Borough Council fails to consent to the appointment made by the Mayor within 30 days after receiving the nomination, then, after the expiration of 30 days, the Borough Council shall appoint said Borough Administrator, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie.
c. 
Any vacancy which may occur in the position of Borough Administrator, whether the same occurs by death, resignation, or otherwise, shall be filled in the same manner. These time constraints shall be computed from the day the vacancy occurs. A vacancy shall be deemed to commence upon cessation of duties of the duly appointed Borough Administrator.
d. 
No elected member of the governing body shall be eligible for appointment as Business Administrator during his or her term of office nor within one year after the expiration of said term.
[1-25-2021 by Ord. No. 2021-1]
The term of office of the Business Administrator shall be one year. The first six months of any such appointment to the position of the Business Administrator shall be for a probationary period. Prior to the completion of the six-month probationary period, the appointee to the position of Business Administrator may be removed from office by a vote of a majority of the full membership of the Mayor and Council.
[1-25-2021 by Ord. No. 2021-1]
Nothing herein shall prevent the Mayor and Council from entering into a share services agreement to provide the services of Business Administrator.
[1-25-2021 by Ord. No. 2021-1]
The hours of the Business Administrator shall be set by the Mayor and Council. The Business Administrator may be a full-time or part-time employee of the Borough.
[1-25-2021 by Ord. No. 2021-1]
After the probationary period, pursuant to N.J.S.A. 40A:9-138, the Business Administrator may be removed by a 2/3 vote of the Mayor and Council. The resolution of removal shall become effective three months after its adoption by the Mayor and Council. The Mayor and Council may provide that the resolution shall have immediate effect; provided, however, that the Mayor and Council shall cause to be paid to the Business Administrator forthwith any unpaid balance of salary and the salary for the next three calendar months following the adoption of the resolution. The Business Administrator shall not obtain or be granted any rights of tenure.
[1-25-2021 by Ord. No. 2021-1]
During the absence or disability of the Business Administrator, the Mayor may appoint, subject to confirmation of the Borough Council, an appointed official or employee of the Borough to temporarily perform the duties of Business Administrator during such absence or disability. Additionally, the Mayor and Council may, by resolution, contract with another municipality or private staffing firm in order to fill this position in the case of such an absence. In the event the Business Administrator is unexpectedly absent prior to a regularly scheduled Council meeting, the Mayor may appoint an appointed official or employee of the Borough to serve until the next regularly scheduled Council meeting. The absence or disability of the Business Administrator shall be limited to three continuous months, after which time the absence or disability may be deemed by resolution a vacancy by the Mayor and Council. Unless otherwise provided herein, no acting Business Administrator shall be paid more than his or her regular salary while serving in that capacity, but he or she shall be reimbursed for all necessary expenses incurred in the performance of that office.
[1-25-2021 by Ord. No. 2021-1]
The compensation of the Business Administrator shall be as fixed in the Salary Ordinance of the Borough.
[1-25-2021 by Ord. No. 2021-1]
The Borough Administrator shall become a resident of the State of New Jersey within a reasonable period after his appointment and shall remain a resident of the State of New Jersey while so employed; provided, however, that the residency requirements of this subsection may be waived by the Borough Council when found to be in the best interest of the Borough.
[1-25-2021 by Ord. No. 2021-1]
a. 
The Business Administrator shall be the chief administrative officer of the Borough of Flemington and shall be responsible to the Mayor and Council for the proper and efficient administration of the business affairs of the Borough. The Business Administrator's duties and responsibilities shall relate to the management of all the Borough's business, except those duties and responsibilities conferred upon other Borough officials by state statute, other applicable laws, rules and regulations promulgated by state, county or Borough ordinances or such duties as the Mayor and Council shall reserve or delegate onto itself or to others. The Business Administrator shall see that all ordinances, resolutions and policies of the Mayor and Council and all state and federal laws requiring municipal action are faithfully carried out by those persons responsible for doing so. For the purpose of carrying out the responsibilities of his or her office, the Business Administrator shall develop and promulgate for adoption by the Mayor and Council sound administrative, personnel and purchasing practices and procedures for all departments, offices, boards, commissions and agencies of the municipality, all for the purpose of increasing the effectiveness and efficiency of Borough government.
b. 
The Business Administrator shall perform all of the duties hereinafter enumerated and such other duties as may be assigned by the Mayor and Council. In addition, the Business Administrator shall be responsible for the following enumerated duties as assigned by the Mayor and Council:
1. 
Daily Operation. Implement all policies of the Borough necessary to carry out daily operations and activities of the Borough by correspondence, review of minutes and personal contact.
2. 
Information and Complaints. Inform the Mayor and Council and the residents of the municipality on all matters relating to the activities and operations of municipal government; receive and follow up on complaints on all matters and apprise the Mayor and Council thereof.
3. 
Public Information. Edit and compile public information for distribution to the Mayor and Council.
4. 
Recommendations. Continuously study all activities and operations of municipal government and recommend changes for the purpose of increasing efficiency, economy and effectiveness; recommend such rules and regulations as shall be deemed necessary, with the approval of the Mayor and Council, for the conduct of administrative procedures.
5. 
Advice. Advise the Mayor and Council with respect to all pertinent information necessary to assist it with the establishment of policies and decisions.
6. 
Reports. Prepare and present to the Mayor and Council reports required from time to time on municipal affairs and prepare an annual report of the Business Administrator's work for the benefit of the Mayor and Council and the public.
7. 
Attendance. Attend all regular meetings of the Mayor and Council with the right to speak, but not to vote, on all agenda items and attend other meetings as directed by the Mayor and Council or as necessary to carry out the duties of Business Administrator. Within the discretion of Mayor and Council and subject to any employment agreement, the Borough Administrator may be excused from certain meetings. The Business Administrator shall receive notice of all special meetings of the Mayor and Council and all advisory committees, boards, commissions and other agencies of the Borough.
8. 
Liaison. Serve as a liaison to all departments, advisory committees, boards, commissions and other agencies of the Borough.
9. 
Borough Engineer. Consult with and act as a liaison between the Mayor and Council and the Borough Engineer regarding all operations and policy matters.
10. 
Examine and Inquire. Have the power to investigate, examine or inquire into the affairs or operations of any department, commission, office, board or agency of the municipal government, unless prohibited by law.
11. 
Coordination of Information. Integrate and coordinate the functions of all departments, commissions, boards, agencies, offices and officials and maintain liaison with the local school system and the regional high school system. The Business Administrator shall be responsible for continuously improving communications among the various Borough personnel, departments, commissions, agencies, boards and governing bodies.
12. 
Recommendation of Experts and Consultants. Recommend the employment of experts and consultants to perform work and render advice in connection with Borough projects.
13. 
Supervision of Personnel. Subject to law, supervise all personnel of the Borough through the respective department heads and direct the business activities of all Borough departments, recommending to the Mayor and Council or its designated committees the employment and replacement of personnel as may be required in said departments within the limits prescribed by the budget. The Business Administrator shall have no authority over the operations of the Police Department delegated by law to the Chief of Police.
14. 
Enforcement of Law and Contracts. Determine that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, public utility franchise or other contract regulation or ordinance are faithfully kept and performed and, upon learning of any violation thereof, apprise the Mayor and Council.
15. 
Safety Responsibilities. Develop and implement all necessary safety instructions and training for employees, Borough personnel and Borough officials.
16. 
Grants. Investigate the availability of and report to the Mayor and Council the feasibility of obtaining grants from federal, state and private sources and apply for and administer such grants as are authorized by the Mayor and Council.
17. 
Other Duties. The Business Administrator shall perform such additional administrative duties and functions as may be from time to time assigned by the Mayor and Council.
[1-25-2021 by Ord. No. 2021-1]
Nothing herein shall derogate or reduce the powers and duties of the Mayor and Council or authorize the Business Administrator to exercise the power and duties thereof except as authorized.
[1-25-2021 by Ord. No. 2021-1]
Nothing herein shall prohibit the Borough Administrator from holding another employment position with the Borough. However, in the event the Borough Administrator serves in multiple positions, the Mayor and Council shall by resolution:
a. 
Remove oversight of such positions from the Borough Administrator and place it in the Mayor and Council; and
b. 
Reserve in the Mayor and Council any other duties of the Borough Administrator that reasonably present a conflict of interest.
[Added 6-13-2022 by Ord. No. 2022-7]
Under the direction of the Borough's Emergency Management Coordinator there shall be established a Community Emergency Response Team (CERT) created to serve as auxiliary members of the Office of Emergency Management during disasters and special events.
[Added 6-13-2022 by Ord. No. 2022-7]
All members of the Community Emergency Response Team (CERT) will be appointed by the governing body and will be required to complete the training offered by FEMA or the County of Hunterdon Office of Emergency Management.
[Added 6-13-2022 by Ord. No. 2022-7]
The purpose of the CERT Team is as follows:
a. 
Supplement the Borough's response capability after a disaster or during special events, serving as auxiliary members of the Office of Emergency Management;
b. 
During and after an emergency or disaster, provide immediate assistance to victims, organize spontaneous volunteers who have not had the training and collect disaster intelligence that will assist professional responders with prioritization and allocation of resources following a disaster;
c. 
Provide assistance with traffic flow when needed;
d. 
Participate in meetings for the Office of Emergency Management; and
e. 
Provide assistance to other communities located in the County of Hunterdon.