[2002 Code § 3.04.010]
Any person claiming payment from the Borough shall first submit a detailed statement of the items or demand necessitating such claims to the responsible executive agency, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it (or includes) a certification from the designated Borough employee, having personal knowledge of the facts that the goods have been received by, or the services rendered to the Borough, and that those services or goods are consistent with an existing contract or purchase order. The Chief Financial Officer shall have the duty to audit, warrant and make recommendations on all claims and bills.
[2002 Code § 3.04.020]
The bill or claim duly certified shall be presented to the Municipal Clerk for inclusion in the proceedings of the next immediate formal meeting of the Borough Council and it shall be the duty of the Chief Financial Officer to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the Borough Council shall be listed systematically and without preference and the list shall be made available to every member of the Borough Council at least three full days prior to formal action by the Borough Council.
[2002 Code § 3.04.030]
Claims shall be considered by the Council which shall approve the same, except that the Council may reject any claim presented to it, stating the reason for such rejection. Any tie votes may be broken by vote of the Mayor. Any disapproved claim shall be referred back to the Municipal Clerk with such instructions as the Borough Council may give at the time of disapproval.
[2002 Code § 3.04.040]
It shall be the duty of the Municipal Clerk to record the resolution approving all claims in the official minutes or through an appropriate claims register, indicating that the Borough Council has by formal action approved the same with appropriate records as to any claims disapproved or rejected.
[2002 Code § 3.04.050]
The Chief Financial Officer shall make disbursements upon receipt of an order by Borough Council, attested by the Municipal Clerk. If in the event that the Mayor vetoes the payment of any claims or bills, the Chief Financial Officer may be authorized to make payment by a vote of the Borough Council whereby at least 2/3 of all the Councilmembers vote to override such veto for any claim or bill.
[2002 Code § 3.04.060]
After the Municipal Clerk has certified that the claims have been approved, he shall turn the same over to the Chief Financial Officer, who shall forthwith prepare the necessary checks for the payment thereof, which said checks shall be signed by the Mayor and Administrator and thereafter signed by the Chief Financial Officer or Municipal Clerk. After preparing checks for the payment of claims, he shall record them in proper books of account and thereafter mail the checks to the claimants.
The purpose of this section is to establish a "Length of Service Awards Program" (LOSAP) for active volunteer members of the Borough's Emergency Service Organizations, specifically, the Fair Haven Volunteer Fire Co. #1 and the Fair Haven First Aid Squad. The LOSAP program is designed to enhance the ability of the Borough to provide volunteer fire and first aid protection and to allow the Borough's fire and first aid squads to recruit and maintain membership.
[Ord. No. 485 Preamble; amended 12-14-2020 by Ord. No. 2020-14]
Pursuant to N.J.S.A. 40A:14-183 et seq., there is hereby established, within the Borough of Fair Haven, an emergency services volunteer length of service awards program, hereinafter referred to as LOSAP, to reward members of the Fair Haven Volunteer Fire Co. #1 and the Fair Haven First Aid Squad for their loyal, diligent and devoted services to the residents of Fair Haven Borough.
The LOSAP program shall provide for the fixed annual contribution, to a tax deferred income account, for each eligible volunteer fire and first aid member that satisfies the criteria set forth in this section, and the enabling legislation and the U.S. Internal Revenue Code. This section shall apply prospectively only, commencing with calendar year 2005.
The LOSAP program shall provide for an annual contribution for each eligible volunteer member who accumulates a minimum of 70 points for the 2020 calendar year and a minimum of 100 points for any calendar year thereafter, pursuant to a point system as set forth within. Any participant who terminates service as an active volunteer shall cease to participate hereunder.
The annual contribution amount for each year of future service, for each eligible volunteer member, shall be $1,150. The estimated annual cost of this provision of the LOSAP program shall be based on 60 active volunteer members for a total cost of $69,000 for 2005.
The LOSAP program shall only be deemed effective, after approval and ratification by the voters of the Borough of Fair Haven at the next general election to be held subsequent to the passage of this section (ordinance). If this public question fails, this section (ordinance) shall automatically terminate.
After ratification of the LOSAP, as provided for in this section, the maximum annual contribution may be increased, without public hearing or public question, provided such increased contributions do not exceed the number calculated by multiplying the original contribution as approved by public question, by the consumer price index factor. The consumer price index factor shall be established as set forth in N.J.S.A. 40A:14-185.
[Ord. No. 485 § 8]
The Borough of Fair Haven LOSAP shall provide for annual contributions of each eligible active volunteer member of Emergency Medical Service Squad who meets the following criteria:
FHFC First Aid Emergency Response
Drills, Meetings, and Training
All fund raising activities — 2 points for 2 hours minimum of participation for a maximum of 40 points.
[Ord. No. 485 § 9]
The maximum contribution for each active volunteer member shall be $1,150 per year of active emergency service, subject to periodic consumer price index increases pursuant to N.J.S.A. 40A:14-185.
[Ord. No. 485 § 10]
A copy of this section (ordinance), once approved by the voters pursuant to the public question required by P.L. 1997, c. 388, shall be filed with the Division of Local Government Services within 30 days of the date of the referendum.
[Ord. No. 485 § 11]
All provisions of the Emergency Services Volunteer Length of Service Award Program Act, P.L. 1997, c. 388, and regulations promulgated herewith, N.J.A.C. 5:30-14.1 et seq., as well as any revisions, amendments or additions to the Act or the regulations, are hereby incorporated by reference and made a part of this ordinance.
[Added 12-14-2020 by Ord. No. 2020-14]
In consideration of the fact that there are certain events or effects that cannot be reasonably anticipated or controlled by the Borough, the Governing Body shall have the authority to amend the LOSAP point totals by way of a resolution approved by Governing Body. Said amendments to the LOSAP point total shall only be to lower the required point total to take into consideration unforeseeable circumstances that prevents eligible Fair Haven Volunteer Fire Co. #1 and the Fair Haven First Aid Squad from reaching the minimum LOSAP point total set forth in § 2-51.2.
[Added 12-14-2020 by Ord. No. 2020-14]
The Governing Body shall have the authority to appoint, through resolution, any of the New Jersey approved LOSAP providers.
[2002 Code § Title 3; Ord. No. 12-11-06(B); Ord. No. 2007-6; Ord. No. 2008-3 § II; Ord. No. 2008-18; Ord. No. 2010-01; Ord. No. 2010-20; Ord. No. 2010-35; Ord. No. 2011-11; Ord. No. 2012-07; Ord. No. 2013-02; Ord. No. 2013-21; Ord. No. 2016-05]
[Ord. No. 492; Ord. No. 496; Ord. No. 12-11-06(B); Ord. No. 2008-03 § II; New; Ord. No. 2010-01; Ord. No. 2010-20; Ord. No. 2010-35]
[Ord. No. 472; Ord. No. 2008-18]
Service Charges. Whenever a check payable to any account of the Borough of Fair Haven is returned for insufficient funds, a service charge of the amount charged to the Borough by the depositories will be charged; together with a $20 administrative fee shall be added to the account. The service charge shall be paid and credited before any other payment on the account is accepted and credited. (Fee restated at 2-56.1, Fee Schedule.)
Unpaid Service Charges. Unpaid service charges shall become delinquent and, when applicable, a lien against property, to be enforced in the same manner as other liens.
[Added 11-12-2019 by Ord. No. 2019-14]
The following nonrefundable permit fees are established and shall be collected by the Borough Clerk before issuing a permit:
Unless a specific fee is established hereinafter, the permit fee shall be $200.
Moving building along a street: $1,000.
Discharge of a sump pump drain, roof drain or area drain into the public right-of-way where no connection to the public stormwater connection system is proposed: $200. (Subsection d below applies if a connection is proposed.)
Connecting to the sanitary sewer or stormwater collection system: $200, and where a pavement opening is required, $25 additional for each 100 square feet, or fraction thereof, of area disturbed.
For construction or replacement of curbs, sidewalks or driveway aprons: greater of $200 or $1 per linear foot of curb plus $0.50 per square foot of sidewalk and driveway apron.
For other excavations or occupancies which disturb improvements, such as utility connections: $200, plus $25 additional for each 100 square feet, or fraction thereof, of area disturbed.
For utility infrastructure installation, repairs, upgrades, or replacements: $200, plus $0.50 per linear foot of utility main installed, repaired, upgraded, or replaced. For the purposes of the fee calculation, linear footage of directional drilling, microtunneling, jack and bore, moling or other trenchless installation shall be included.
[Ord. No. 508 § 1]
The Borough Council of the Borough of Fair Haven shall by ordinance establish titles for public employment by the Borough of Fair Haven and salary ranges for Borough of Fair Haven employees.
[Ord. No. 508 § 2]
The Borough Council of the Borough of Fair Haven shall by resolution adopt and amend from time to time personnel policies and procedures including rules concerning the hiring and termination of employees, terms and conditions of employment, and regulations required to comply with applicable Federal and State employment related law. The personnel policies and procedures adopted pursuant to the resolution(s) shall be applicable to all officials, appointees, employees, prospective employees, volunteers and independent contractors of the Borough of Fair Haven.
[Ord. No. 508 § 3]
The Borough Administrator shall be responsible for implementing and enforcing the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between the personnel practices and any duly adopted and lawful collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this section shall prevail.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
Chief Financial Officer.
Construction Code Official.
Code Compliance Officer.
Qualified Purchasing Agent.
Licensed Uniform Subcode Inspector.
Superintendent of Public Works.
Borough Court Administrator.
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 Pensions and Benefits.
[Ord. No. 2010-25]
Introduction. The following is the Attendance Policy for elected and appointed officials for the Borough of Fair Haven.
Vacancy Due to Change to Nonresident Status or Upon Resignation; Filling; Municipal Offices Open to Nonresidents. As per N.J.S.A. 40A:9-11, whenever a County or municipal officer, who is required to be a resident shall cease to be a bona fide resident of the County or municipality, as the case may be, or whenever the resignation of any such officer shall have been accepted by the proper authority, his office shall immediately be deemed to be vacant. The County or municipality, by the proper authority, shall thereupon proceed to fill the vacancy in the manner prescribed by law. A nonresident of any municipality may hold office as counsel, attorney, engineer, health officer, auditor or comptroller of such municipality and no such office shall be deemed vacated by a change of residence of any such person.
Vacancy from Any Cause Other Than Expiration of Term or Filing of Petition for Recall. As per N.J.S.A. 40A:9-12, in any County or municipality, whenever a vacancy in office occurs from any cause other than expiration of the term of office or the filing of petition for recall, such vacancy shall be filled in the manner prescribed by law.
Vacancy Deemed on Resignation, Incapacity, Death, Residence, Absence, or Removal; Filling Unexpired Term. As per N.J.S.A. 40A:9-12.1: The office of any person appointed to a specified term, with or without compensation, by the Governing Body or chief executive of any local unit, including persons appointed to any board, committee, commission, authority or other agency of one or more local units, shall be deemed vacant:
Upon its being so declared by judicial determination;
Upon the filing by such officer of his written resignation;
Upon the refusal of a person designated for appointment to such office to qualify or serve;
Upon the determination of the appointing authority that such officer shall have become physically or mentally incapable of serving;
Upon the death of such officer;
Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporate limits of the local unit or other designated territorial area;
In the case of a member of a board, committee, commission, authority or other agency, whenever the member, without being excused by a majority of the authorized members of such body, fails to attend and participate at meetings of such body for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination; provided, further, that such board, committee, commission, authority or other agency may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness; provided, however, that nothing in this subsection shall preclude a municipal appointing authority from adopting by ordinance a policy establishing a lower absentee threshold, provided that the ordinance shall not permit the removal of the member if the member has been absent for less than six consecutive weeks, or three consecutive meetings, whichever shall be of longer duration, without being excused, within the term of office for the position held by the individual;
Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law.
Whenever any of the above shall occur the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law; provided, however, that in the case of a person failing to qualify or refusing to serve pursuant to subsection c., such office shall not be deemed vacant, if the incumbent officeholder is authorized by law to continue in such office until a successor is appointed and qualifies therefor.
Absences. Elected and appointed officials shall make every effort to attend meetings. The following is a list that constitutes excused absence:
Family graduation exercises
Bona fide business and vacation trips constitute good cause
Religious festivities or events
Classes for certification or Borough related business
Items covered under Family Leave Act (as amended)
Any other item taken on a case-by-case basis that the body can vote upon if requested by an absent official at the next official meeting after the absence.
[Ord. No. 2011-13]
If an employee of the Borough is injured while at work, the employee must report the incident immediately to his/her supervisor. An injured employee may be required to be medically examined or treated. After confirmation of workers compensation benefits by the Borough's insurance company, the insurance company shall reimburse to the Borough the maximum allowable benefit (70% of base salary up to a maximum allowed by law), and the Borough shall pay the employee 100% of his/her normal base salary for a period up to four months.
In the event the employee is unable to return to work after the four-month period, and upon approval of the Borough insurance company, the employee shall receive the workers' compensation payments directly from the insurance company. The employee may petition the Mayor and Council for an extension of the four-month period by submitting a written request to the Municipal Clerk. In no event will the full pay benefits exceed a total of one year pursuant to N.J.S.A. 40A:9-7.
[Ord. No. 2014-24; Ord. No. 2016-16]
It is the intent of this section to designate the portions of the rights-of-way set forth below with the tax lot and block specified herein.
[Ord. No. 2015-05]
The Council may waive any fee due under the Borough Ordinances, upon the showing of good cause, unless said fee is mandated by State statute.