[Ord. No. 96/17 § 1]
There shall be in the Borough of Watchung the office of Borough
Administrator, pursuant to and in accordance with N.J.S.A. 40A:9-136
et seq.
[Ord. No. 96/17 § 1]
a.
The Borough Administrator shall be appointed by the Mayor with the
advice and consent of the Borough Council and any vacancy in such
office shall similarly be filled by appointment by the Mayor, with
the advice and consent of the Borough Council.
b.
During the absence or disability of the duly appointed Borough Administrator,
the Mayor may, with the advice and consent of the Borough Council,
appoint an officer or regular employee of the Borough to perform such
duties of the Borough Administrator during such absence or disability.
Such absence or disability shall be limited to three months after
which time such absence or disability may be deemed a vacancy.
c.
The Borough Administrator shall serve at the pleasure of the Mayor
and Borough Council and may be removed by a 2/3 vote of the Borough
Council at any time. The resolution of removal shall become effective
three months after its adoption by the Borough Council. The Borough
Council may provide that the resolution shall have immediate effect;
provided, however, that the Borough Council shall cause to be paid
to the Administrator, forthwith, any unpaid balance of his salary
and his salary for the next three calendar months following adoption
of the resolution.
[Ord. No. 96/17 § 1]
a.
Qualifications. The Borough Administrator shall be appointed on the
basis of his executive and administrative abilities and qualifications
with special regard to education, training and experience in governmental
affairs.
b.
Residency Requirement. The Borough Administrator shall be a resident
of the State of New Jersey. It is deemed desirable that the Borough
Administrator be a resident of the Borough of Watchung, but being
such a resident is not a requirement of holding the office.
c.
Salary. The Borough Administrator shall receive as salary such sums
as may be fixed and adopted by the Borough Council in the annual Salary
Resolution of the Borough, and amendments thereto.
[Ord. No. 96/17 § 1; Ord. No. 00/25; New; Ord.
No. 03/18 § 1]
a.
General Duties as Chief Administrative Officer. The Borough Administrator
shall be the chief administrative officer of the Borough and at all
times be under the supervision of and responsible to the Mayor and
Borough Council for all actions relevant to the duties and responsibilities
of such office to the extent not prohibited by law. The Borough Administrator
shall be under the direction of the Mayor and Borough Council but
may receive instructions from the Mayor or Council President, when
the Mayor is unavailable, between regularly scheduled meetings or
when the Council cannot be convened. Members of the Borough Council,
assigned to the coordination, liaison and special responsibility for
areas of Borough government shall exercise such functions through
and in conjunction with the Administrator's supervision of those areas.
The office of Borough Administrator may be combined with that of Borough
Clerk and/or Borough Treasurer.
b.
Specific Duties. The Borough Administrator, for the purpose of carrying
out his responsibilities, shall develop, promulgate and implement
with the approval of the Mayor and Council, sound administrative and
personnel practices and procedures for all departments, offices, boards,
commissions, authorities, employees, agencies and any other entity
of the Borough and shall to that end:
1.
Attend all executive and public meetings of the Borough Council and
any other meetings when so requested by the Mayor and Council.
2.
Be responsible for the operation of all departments and offices within
the Borough; and all department heads and offices of the Borough shall
report to him; shall receive complaints against all departments, boards
and commissions. He shall investigate or dispose of such complaints
and, if deemed necessary, consult with the Council for direction.
A written record shall be kept of such complaints.
3.
Study, recommend, implement and enforce personnel organization and
policy of the Borough and its departments, unless otherwise required
under the provisions of any collective bargaining agreement or by
law.
4.
Study, recommend, implement and enforce administrative procedures
and policies of the Borough and its departments.
5.
Study, recommend, implement and enforce procedures and policies of
the Borough and departments for receipt, dissemination, and collation
of and responses to communications and information and shall be further
responsible for continually improving communications among all departments'
personnel, Borough Council, and the residents of Watchung.
6.
Assign responsibility for department action and coordinate interdepartmental
operations as authorized by the Borough Council. He shall be authorized
to require prompt receipt of copies from the Borough Clerk of any
general and official correspondence addressed to the Borough or the
Borough Council.
7.
Study, recommend, implement and enforce procedures and policies of
the Borough and departments for the coordination, compiling, editing
and prompt dissemination and release of public information, upon the
recommendation and authorization of the Borough Council.
8.
See that all terms and conditions imposed in favor of the Borough
or its inhabitants in any statute, ordinance or contract are faithfully
kept and performed and upon knowledge of any violation, call the same
to the attention of the appropriate Borough officer.
9.
Study, recommend, implement and enforce the financial procedures
and policy of the Borough and its departments.
10.
Conduct a continuous study of all activities and operations of the
Borough government and recommend changes for the purpose of increasing
efficiency and effectiveness; prescribe such office procedures as
he shall deem necessary for the conduct of administrative procedures
and revoke, suspend or amend any such office procedures.
11.
Require the various departments to effect an adequate inventory of
all equipment, materials and supplies in stock and to recommend sale
of any surplus, obsolete or unused equipment to the Mayor and Council.
12.
Provide a liaison between the Mayor and Council and the various municipal
departments, offices, boards, commissions, authorities, employees,
agencies and other municipal entities and their professional advisors.
13.
Make such inspections and reviews as may be necessary to insure full
compliance by all persons and corporations having contractual obligations
to perform services for or sell goods to the Borough.
14.
Maintain liaison with the officials of the school district of the
Borough and also the Watchung Hills Regional High School Board of
Education.
15.
Devote his entire effort to the performance of his duties and functions
and shall not engage in any other occupation or employment while employed
by the Borough except with approval of the Mayor and Council.
16.
Make studies and surveys of such municipal problems of the Borough
as shall be assigned to him by the Mayor and Council, and prepare
and submit written reports of the findings and determinations to the
Mayor and Council for its consideration and action. He shall be responsible
for seeing that any complaints concerning the functions and obligations
of the Borough made by any of its residents, citizens or taxpayers
are promptly attended to and a written record kept of such complaints
when made, and when and what action has been taken in response thereto.
17.
Be responsible for the preparation of the annual capital and operating
budgets and shall submit same to the Mayor and Council for approval
and specifically make recommendations as to salaries to be paid to
Borough employees, after consultation with department heads. He shall
be responsible to see that each department, office, board or other
agency adheres to the budget approved by the Mayor and Council.
18.
Serve as personnel officer and maintain sound personnel practices
and appropriate records of all employees. He shall have the authority
to hire and terminate all Borough employees, unless otherwise provided
under the provisions of any collective bargaining agreement or by
law.
19.
Shall supervise and direct all activities of the Purchasing Department as set forth in Section 2-25, Department of Purchasing, and transmit reports from the Purchasing Agent to the Mayor and Council. The Borough Administrator shall review and approve all payment vouchers prior to payment being made thereon.
20.
Keep the Mayor and Borough Council informed as to Federal aid projects,
State aid projects and any other aid programs for which the Borough
may qualify, and on all matters assigned to him or otherwise within
his jurisdiction.
[Ord. No. 96/17 § 1]
Nothing in this section shall derogate from, or authorize the
Borough Administrator to exercise the powers and duties of the elected
and appointed officials or employees, as provided by law.
[Ord. No. 96/17 § 2;
New]
a.
Appointment; Term. Pursuant to N.J.S.A. 40A:9-133, the Mayor and
Council shall appoint a Borough Clerk for a three year term.
b.
Qualifications. No person shall be appointed or reappointed as Borough
Clerk unless he shall have a registered Municipal Clerk Certificate
issued pursuant to N.J.S.A. 40A:9-133 et seq.
c.
Tenure. Any person who shall hold and having held such office as
Borough Clerk continuously for five years from the date of his original
appointment shall have tenure in such office and shall not be removed
from such office except for good cause shown after a fair and impartial
hearing as provided in N.J.S.A. 40A:9-134. The definition of good
cause for removal may include the failure of the Borough Clerk to
meet the continuing education requirements set forth in N.J.S.A. 40A:9-133.10.
[Ord. No. 96/17 § 2;
New]
The Borough Clerk shall:
a.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Borough Council
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
b.
Act as secretary to the Borough Council, prepare meeting agendas
at the discretion of the Council, be present at all meetings of the
Council, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting.
c.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes.
d.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the New Jersey Statutes.
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or ordinance has delegated that
responsibility to some other Borough officer.
f.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated by Title
47 of the New Jersey Statutes.
g.
Perform such other duties as are now or hereafter imposed by statute,
ordinance or regulation.
h.
Filing of Rules, Regulations. All rules or general regulations made
by any department, officer, agency or authority of the Borough shall
be filed with the Borough Clerk. The Borough Clerk shall maintain
a current compilation of all such rules and regulations, which shall
be available for public inspection in his office during business hours.
i.
Seal. Pursuant to N.J.S.A. 2A:82-14 and 40:87-54, the Borough 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,
shall appear to have been a public act of the Borough or a public
document. The Clerk shall not affix the Seal or cause it to be affixed
to any other instrument or writing or other paper, unless required
by State statute or ordinance of the Borough.
j.
Duties Regarding Sureties, Bonds, Leases; Reports Required. The Clerk,
subject to the supervision of the Mayor and Council, shall:
1.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, and 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,
notices of tort claims, and all formal contracts for work, labor services,
supplies, equipment and materials to which the Borough may be a party
pursuant to N.J.S.A. 40A:5-34, as amended, supplemented and in effect.
2.
Be the depository for and have custody 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.
3.
Have custody of all leases, deeds, easements, rights-of-way or any
other indicia of interest in, or ownership of, real property by the
Borough.
4.
Report to the Council, at such time as may be required, on the coverage,
premium and expiration date of each surety bond and insurance contract
and the terms of leases and their expiration date.
k.
Additional Duties. The Clerk shall also:
1.
Administer the provisions of the 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.
2.
Keep a calendar of all matters pending before the Council.
3.
Issue certificates regarding the approval of land subdivisions which
have been duly approved by the Planning Board pursuant to N.J.S.A.
40:55D-56.
4.
Review all Board and Commission minutes. The Borough Clerk shall
have the authority to direct the accuracy of same.
[1]
Editor's Note: For statutory reference, see N.J.S.A. 40A:9-133
e., (1)–(7).
[Ord. No. 96/17 § 2]
The Borough Clerk shall receive a salary as provided in the
Salary Resolution of the Borough, and amendments thereto.
[Ord. No. 96/17 § 2]
Should the office of Borough Clerk become vacant, the Borough
Council may appoint a person to serve as Acting Clerk for a period
of not more than six months.
[Ord. No. 96/17 § 2]
a.
Office Created. Pursuant to N.J.S.A. 40A:9-135 the office of Deputy
Borough Clerk is hereby created in the Borough.
b.
Appointment and Confirmation. The Deputy Borough Clerk shall be appointed
by the Mayor and confirmed by the Council in accordance with the laws
relating to appointive officers.
c.
Term of Office. The term of office of the Deputy Borough Clerk shall
be for one year and shall continue until the successor to the office
shall have been appointed and confirmed or until the office shall
have been abolished.
d.
Powers and Duties. The Deputy Borough Clerk shall assist and be under
the direction of the Borough Clerk in the performance of his duties
and shall perform such other duties as the Borough Council may prescribe.
In the absence or temporary disability of the Borough Clerk, the Deputy
Clerk shall perform the duties of the Borough Clerk.
e.
Compensation. The compensation of the Deputy Borough Clerk shall
be as provided in the Salary Resolution of the Borough, and amendments
thereto.
[Ord. No. 96/17 § 3; Ord. No. 01/01 § 1]
In accordance with N.J.S.A. 40A:9-140.10, the Chief Financial
Officer shall be appointed by the Mayor with the advice and consent
of the Council for a term of four years, which shall run from January
1 in the year in which he is appointed. He shall be a Certified Municipal
Finance Officer and shall possess all other qualifications required
for such position as set forth in N.J.S.A. 40A:9-140.1 et seq. The
Borough Chief Financial Officer must be a resident of the State of
New Jersey. It is deemed desirable that the Borough Chief Financial
Officer be a resident of the Borough of Watchung, but being such resident
is not a requirement of holding the office.
[Ord. No. 96/17 § 3]
The Chief Financial Officer shall:
a.
Carry out the responsibilities set forth in the "Local Government
Supervision Act," N.J.S.A. 52:27BB-1 et seq.;
b.
Describe, develop, maintain, approve and enforce all financial systems
and procedures, and install uniform charts of accounts for all departments
of the municipal government;
c.
Make revenue and expenditure estimates for the Mayor and Council;
d.
Maintain the Borough accounts and records;
e.
Control all expenditures within the limits of appropriations;
f.
Pre-audit bills and claims;
g.
Prepare voucher checks for signature;
h.
Prepare payrolls for approval by the Mayor and Council or as provided
in the Salary Resolution;
i.
Have the safekeeping and custody of all municipal securities, investments
and bonds in the Borough;
j.
Supervise financial proceedings for the issuance of municipal bonds
of the Borough, subject to requirements of law, ordinance or resolution;
k.
Invest and reinvest surplus or idle funds of the Borough, subject
to the approval of the Mayor and Council;
l.
Assist in administering all matters relating to status rights and
benefits of employees of the Borough under employee benefit and welfare
programs;
m.
Promptly pay interest and principal on municipal obligations as they
fall due;
n.
Pursuant to N.J.S.A. 40A:9-140.1, the Chief Financial Officer shall
also be responsible for the proper financial administration of the
Borough under the "Local Bond Law" (N.J.S.A. 40A:2-1 et seq.); the
"Local Budget Law" (N.J.S.A. 40A:4-1 et seq.); the "Local Fiscal Affairs
Law" (N.J.S.A. 40A:5-1 et seq.); the "Local Public Contracts Law"
(N.J.S.A. 40A:11-1 et seq.) and such other statutes, and such rules
and regulations promulgated by the Director of the Division of Local
Government Services, the Local Finance Board, or any other State agency,
as may pertain to the fiscal administration of the Borough.
[Ord. No. 96/17 § 3]
The compensation for the Chief Financial Officer shall be established
by resolution.
[Ord. No. 96/17 § 3]
The Chief Financial Officer shall enter into a bond in favor
of the Borough of Watchung in such amount as may be prescribed by
the Mayor and Council which bond shall be approved as to form and
surety by the Borough Attorney and shall be filed with the Borough
Clerk.
[Ord. No. 96/17 § 3]
a.
Any person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Borough Clerk and with the Division of Local Government Services
in the Department of Community Affairs a notification evidencing his
compliance with this section.
b.
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:9-140.12.
[Ord. No. 96/17 § 4]
a.
Pursuant to N.J.S.A. 40A:9-141 et seq., the Mayor and Council shall
appoint and employ a Tax Collector.
b.
The Tax Collector shall hold office for a term of four years from
January 1 next following his appointment. Vacancy, other than due
to expiration of the term, shall be filled by appointment for the
unexpired term.
[Ord. No. 96/17 § 4]
a.
Qualifications. No person shall be appointed or reappointed as Tax
Collector unless he shall hold a Tax Collector Certificate issued
pursuant to N.J.S.A. 40A:9-145.2, -3 or N.J.S.A. 40A:9-145.3a.
b.
Tenure. Any person who:
1.
Shall be reappointed Tax Collector subsequent to having received
a Tax Collector Certificate pursuant to N.J.S.A. 40A:9-145.3, or holds
a Tax Collector Certificate issued pursuant to N.J.S.A. 40A:9-145.2
and N.J.S.A. 40A:9-145.3a, and having served as Tax Collector or who
has performed the duties of Tax Collector for not less than four consecutive
years immediately prior to such reappointment; or
2.
Shall have acquired tenure;
3.
Shall hold his office during good behavior, efficiency and compliance
with requirements for continuing education pursuant to N.J.S.A. 40A:9-145.3a
and N.J.S.A. 40A:9-145.3b, notwithstanding that such reappointment
was for a fixed term of years. He shall be removed only for good cause
shown and after a proper hearing before the Director of the Division
of Taxation or his designee in accordance with the provisions of N.J.S.A.
40A:9-145.8.
[Ord. No. 96/17 § 4]
The Tax Collector shall be charged with the duty of collecting
taxes upon real property, as well as assessments, liens and sewer
use charges within the Borough and shall receive such compensation
as the Borough Council, by resolution, shall determine.
[Ord. No. 96/17 § 5;
New]
a.
The Mayor and Council shall appoint a Tax Assessor and such Deputy
Tax Assessors as it may determine necessary.
b.
The Tax Assessor and Deputy Tax Assessor shall hold office for a
term of four years from July 1 next following such appointment. Vacancies,
other than due to expiration of term, shall be filled by appointment
for the unexpired term.
[Ord. No. 96/17 § 5;
New]
The Tax Assessor and Deputy Tax Assessor shall hold a Tax Assessor
Certificate as provided for in N.J.S.A. 54:1-35.25 et seq.
[Ord. No. 96/17 § 5;
New]
The Tax Assessor shall have the duty of assessing all property
within the Borough for the purpose of general taxation and perform
all statutory duties required and those incidental thereto and shall
receive such compensation as the Borough Council, by resolution, shall
determine. A Deputy Tax Assessor shall act under the direct supervision
of and assist the Tax Assessor and shall receive such compensation
as the Borough Council, by resolution, shall determine.
[Ord. No. 96/17 § 5;
New]
Any person who, upon reappointment subsequent to having received
a Tax Assessor Certificate and having served as Tax Assessor or performed
the duties of Tax Assessor for not less than four consecutive years
immediately prior to such appointment, shall have tenure in such office
during good behavior and efficiency notwithstanding that such reappointment
was for a fixed term of years, and shall not be removed from such
office except for good cause shown and after a proper hearing before
the Director of the Division of Taxation or his designee, after due
notice as set forth in N.J.S.A. 54:1-35.31.
[Ord. No. 96/17 § 6]
The Mayor, with the advice and consent of the Council, shall
appoint a Borough Engineer who shall be a licensed professional engineer.
The Borough Engineer shall be appointed for a term of three years
pursuant to N.J.S.A. 40A:9-140.
[Ord. No. 96/17 § 6]
The Borough Engineer shall perform such duties as are prescribed
by ordinance and general law, and in addition:
a.
Shall prepare, or cause to be prepared, specifically as directed
by the Mayor and Council, plans, designs and specifications for public
works and improvements undertaken by the Borough, either on force
account or by public contract.
b.
Provide and maintain surveys, maps, plans, specifications, tax maps
and control records with respect to public works and facilities owned
or operated by the Borough.
c.
Provide technical and engineering advice and assistance to other
Borough departments and/or boards as needed.
d.
Attend regular or special meetings of the Borough Council as directed
or requested by the Council.
[Ord. No. 96/17 § 6]
All papers, documents, memoranda, reports and other materials
relating to the administration of engineering duties of the Borough
Engineer shall be and remain the property of the Borough. Upon the
termination of his services with the Borough, the Borough Engineer
shall forthwith surrender to any successor or to the Borough all such
property.
[Ord. No. 96/17 § 6]
The Borough Engineer shall receive a salary as provided for
in the Salary Resolution of the Borough, and amendments thereto.
[Ord. No. 96/17 § 6]
Nothing in this section shall inhibit the powers of the Mayor
and Council to appoint or contract for any engineering services or
consultants in performing any of the duties of the Borough Engineer.
[Ord. No. 99-05 § 3]
Whenever in this Code the Borough Engineer is designated as
the "Enforcement Official" such designation shall be deemed to incorporate
another Borough official or Borough consultant as designated by the
Borough Council.
[Ord. No. 96/17 § 7]
The Mayor, with the advice and consent of the Council, shall
appoint an attorney qualified to practice law in this State as Borough
Attorney, to hold office until January 1 next following his appointment
and until his successor is appointed.
[Ord. No. 96/17 § 7; Ord. No. 02/16]
The Borough Attorney shall have such powers and perform such
duties as are provided for this office by general law or the ordinances
of the Borough. The Borough Attorney shall represent the Borough in
all judicial and administrative proceedings in which the municipality
may be a party or have an interest, and shall, at the direction of
the Borough Council, represent its elected and appointed officers,
departments and agencies in judicial and administrative proceedings
in which they shall be a party or have an interest. The Borough Attorney
shall give all legal counsel and advice where required by the Council
or any member thereof, and shall in general serve as the legal advisor
to the Council on all matters of Borough business. In furtherance
of such general powers and duties, but without limitation thereto,
the Borough Attorney shall:
a.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the municipality.
b.
With the approval of Council, conduct appeals from orders, decisions
or judgments affecting any interest of the Borough as he may in his
discretion determine to be necessary or desirable, or as directed
by Council.
c.
Subject to the approval of the Council, have power to enter into
any agreement, compromise or settlement of any litigation in which
the Borough is involved.
d.
Render opinions in writing or verbally upon any question of law submitted
to him by the Council or any member thereof with respect to their
official powers and duties, and perform such duties as may be necessary
to provide legal counsel to the Council and Mayor in the administration
of municipal affairs.
e.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the municipality.
f.
Prosecute all cases before the Municipal Court as requested by the
Chief of Police, Mayor or Council.
g.
The following services shall be provided by the Borough Attorney:
1.
Attendance at all public and caucus meetings of the Governing Body.
2.
Preparation of resolutions, as necessary.
3.
Preparation of all ordinances and amendments to ordinances.
4.
Preparation of contracts which relate to the services and purchases
of municipal departments in the normal functions of the municipal
body.
5.
Rendering of legal opinions to and consulting with the Mayor and
Council and municipal department heads. Counsel will be available
for such consultations and legal opinions on all inquiries by phone
or by letter.
h.
All services shall be on a fee basis as authorized by the Mayor and
Council. All invoices for legal services shall be subject to Council
approval.
[Ord. No. 96/17 § 7]
All original copies of papers, documents, memoranda, reports
and all other materials relating to the administration of the legal
duties of the Borough Attorney shall be and remain the property of
the Borough. Upon the termination of his services with the Borough,
the Borough Attorney shall forthwith surrender to any successor all
such property at no cost, together with a written consent to the substitution
of any successor in all legal actions and proceedings then pending
to which the Borough is a party.
[Ord. No. 96/17 § 8;
New; amended 1-21-2021 by Ord. No. 21/01]
Pursuant to N.J.S.A. 40A:60-6(3), the position of Principal
Public Works Manager/Director of Public Works is hereby created in
and for the Borough of Watchung. Unless waived by the Mayor and Borough
Council, the Principal Public Works Manager/Director of Public Works
shall also serve as the Borough Engineer of the Borough of Watchung.
[Ord. No. 96/17 § 8;
New; amended 1-21-2021 by Ord. No. 21/01]
The Mayor, with the advice and consent of the Council, shall
appoint a Principal Public Works Manager/Director of Public Works.
[Ord. No. 96/17 § 8;
New; amended 1-21-2021 by Ord. No. 21/01]
The Principal Public Works Manager/Director of Public Works
shall be a person qualified by education, training and experience
to perform the duties of the office and shall have and maintain such
certifications or licenses as required by statute and as his/her duties
may require. Unless specifically waived by the Mayor and Council,
the Principal Public Works Manager/Director of Public Works shall
possess all of the requirements of the Borough Engineer as well as
the following:
a.
B.S. in Civil Engineering or a closely related field combined with
eight years of increasingly responsible experience in civil engineering;
street/highway experience preferred; or any equivalent combination
of education and experience.
b.
Valid Professional Engineer license in the State of New Jersey;
c.
Public Works Manager Certificate, or to the extent permitted by law,
the ability to obtain a Public Works Manager Certificate in a reasonable
amount of time;
d.
Certified Recycling Professional;
e.
Public Wastewater Collection System License (C License);
f.
Commercial Drivers' License (CDL).
g.
NJ Pesticide Applicator Certification and License;
h.
Dam maintenance and safety training;
i.
Additional environmental certifications and/or training as well as
training in horticulture, arboriculture, or agriculture, or any other
license, certification and training to be determined by the Mayor,
Administrator and/or Borough Council that is in the best interest
of the efficient operations of the Borough and/or the Department of
Public Works.
To the extent that a candidate, or individual appointed to the
position of Principal Public Works Manager/Director of Public Works,
lacks any of the aforementioned requirements and the Mayor and Council
have determined to waive such requirements for the appointment, the
Mayor and Council may require the commencement and completion of training
and/or obtaining of such license and/or certification within a reasonable
amount of time from the appointment as a condition of appointment
and continued employment.
[Ord. No. 96/17 § 8;
New; amended 1-21-2021 by Ord. No. 21/01]
a.
The Principal Public Works Manager/Director of Public Works shall assume all of the powers, duties and responsibilities of the Borough Engineer. In addition to all of the powers, duties and responsibilities set forth in § 2-13.2 and N.J.S.A. 40A:9-154.6g, the Principal Public Works Manager/Director of Public Works shall have the powers, duties and responsibilities to:
1.
Supervise and act as the head of the Department of Public Works and
all of its employees and report to the Borough Administrator.
2.
Supervise the maintenance of all Borough streets, roads, sidewalks,
parks, recreational areas, buildings and grounds, and all Borough-owned
property, including streets, lawns and shrubs.
3.
Provide for and supervise the operation, installation, repair, and
maintenance of all Borough-owned or controlled storm sewers, sanitary
sewers and water lines and appurtenances, such as pumping stations,
force mains, hydrants, water tanks or reservoirs, catch basins, manholes
and the like and all connections thereto.
4.
Set up and maintain adequate inventory and control thereof of all
materials and supplies needed for the maintenance and repair of all
public works under his/her supervision.
5.
Submit to the Borough Administrator and the chair of the Public Works
Committee a monthly report of all work performed and services furnished
as well as inspections made during the previous month.
6.
Submit to the Borough Administrator, the chair of the Public Works
Committee and the Borough Council his/her recommendations for budget
appropriations for the ensuing year, and maintain records on all public
works budget items.
7.
Recommend for approval the expenditure of all funds by voucher chargeable
against the public works budget.
8.
Inspect or be responsible for the inspection of all sewer and water
lines in the Borough individually or in conjunction with other designated
officials.
9.
Supervise the operation, maintenance and repair of any Borough owned
equipment used in the performance of the work assigned to him/her
and/or the Department of Public Works.
10.
Set up, keep and maintain all the necessary books, records, field
notes, maps, surveys and similar records necessary to perform the
duties of his/her office and turn over all of such records to his/her
successor and the Borough Administrator on the termination of his/her
employment by the Borough.
11.
Recommend to the Borough Administrator and the appropriate committee
chairman the need for any repairs and replacements to Borough-owned
equipment, structures, buildings or grounds.
12.
Direct all Road Department personnel and supervise the performance
of any personnel assigned to his/her jurisdiction and/or the Department
of Public Works.
13.
Provide project management and oversight for the construction of
municipal public works projects within the Borough of Watchung.
14.
Assign and manage all general public works response during emergency
storms with the Office of Emergency Management.
15.
Oversee assigned projects to ensure contractor compliance with all
project requirements.
16.
Assist in the hiring, training, discipline, and evaluation of the
performance of assigned staff.
17.
Prepare operational guidelines for subordinate staff and monitors
response.
18.
Maintain, prepare, and/or update the sanitary sewer, water, storm
drainage, and street system maps, along with associated databases.
19.
Create and maintain an account with NJ One Call for sanitary and
storm sewer infrastructure.
20.
Respond to public or other inquiries relative to engineering and
public works policies and procedures on specific projects and other
information.
21.
Evaluate issues and options regarding municipal engineering and public
works and make recommendations to the Borough Administrator.
22.
Serve as a member of the department head's management team and communicate
key organizational issues to staff.
23.
Participate and prepare long range plans for projects to be considered
by the Public Works Committee for recommendation to the Mayor and
Borough Council.
24.
Establish work programs and implement plans and manage operations
and functional programs within the Department of Public Works and
Engineering.
25.
Evaluate employees within the Department and make personnel recommendations
to the Borough Administrator.
26.
Prepare, inspect, and approve plans and specifications for development
of lands within the Borough and consult with contractors on projects,
as appropriate.
27.
Prepare, develop, and submit the annual department budget to the
Borough Administration.
28.
With coordination and oversight by the Borough Administrator, provide
general supervision over engineering and construction work by outside
contractors, and all duties and responsibilities of the Department
of Public Works, as established by ordinance, or as assigned by the
Borough Administrator.
29.
Maintain responsibility for the design, survey, construction, and
inspection of all street, storm sewers, and other capital improvement
projects and/or development projects.
30.
Coordinate capital improvement projects with consultants, private
contractors, and affected Borough departments.
31.
In consultation with the Borough Administrator, oversee all projects
assigned to the Borough's consulting engineers appointed by the Mayor
and Council.
32.
Provide technical assistance on state/federal grants on all assigned
projects.
33.
Provide advisory services to other Borough departments on matters
related to professional civil engineering.
34.
Prepare the divisional budgets for review by the Borough Administrator
and Chief Financial Officer.
35.
Participate in the development of the Capital Improvement Plan in
terms of project priority recommendations and project cost estimates.
36.
Provide grant writing and administration services, as directed.
37.
Attend Mayor and Council meetings and any other meeting/s as requested
by the Mayor, Council, or Borough Administrator.
The position and office of Principal Public Works Manager/Director
or Public Works is an essential position of the Borough. In-person
attendance at the Borough facilities is an essential function of this
position. The Principal Public Works Manager/Director of Public Works
is not eligible for remote work.
[Ord. No. 96/17 § 8;
New; amended 1-21-2021 by Ord. No. 21/01]
The Principal Public Works Manager/Director of Public Works
shall receive as salary such sum as may be fixed and established by
the annual salary resolution of the Borough and, in addition thereto,
shall be provided with transportation for the performance of his/her
duties. The salary range for the position of Principal Public Works
Manager/Director of Public Works shall be as provided in the annual
salary ordinance of the Borough.
[Ord. No. 96/17 § 9]
The Public Officer shall be appointed by the Mayor with the
advice and consent of the Council and shall continue in office until
his successor is appointed and qualifies.
[Ord. No. 96/17 § 9]
The Public Officer shall report to the Borough Administrator.
[Ord. No. 96/17 § 9]
The Public Officer shall receive a salary as provided in the
Salary Resolution of the Borough, and amendments thereto.
[Ord. No. 96/17 § 9]
In case of the absence or disability of the Public Officer,
the Mayor, with the advice and consent of the Council, may temporarily
appoint an individual to perform the duties of the Public Officer.
[Ord. No. 96/17 § 9]
The Public Officer shall enforce the Property Maintenance Code
of the Borough of Watchung, and perform such other duties as may be
prescribed by the Mayor and Council.
[Ord. No. 01/06]
It has been determined that it is in the best interests of the
Borough of Watchung to create a radio station and the position of
Radio Station Coordinator.
[Ord. No. 01/06]
The Borough of Watchung is the holder of a license from the
Federal Communications Commission to operate a Traveler's Information
Station at a frequency of 1610 MHz.
[Ord. No. 01/06]
There is hereby established in the administrative and executive
services of the Borough, a Radio Station Coordinator responsible for
the operation, management of and training of personnel to operate
the radio station. The Radio Station Coordinator may be an employee
of the Borough of Watchung or a volunteer and will work with and report
to the Mayor and Council through the Borough Administrator.
[Ord. No. 01/06]
The Mayor shall appoint the Radio Station Coordinator for a
term of one year and the position shall not carry a salary.
[Ord. No. 01/06]
The radio station shall be operated consistent with Federal
Communications Commission rules and regulations and Borough policy.
The Borough policy will be adopted by resolution of the Mayor and
Council and may be changed or modified from time to time by Resolution.
[Ord. No. 06/22 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Borough of Watchung's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 06/22 § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Watchung to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
Shall mean the employee charged by the Borough of Watchung
Council with the responsibility for oversight and administration of
the affordable housing program for the Borough of Watchung.
[Ord. No. 06/22 § 3]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Watchung.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Mayor with
the advice and consent of the Borough of Watchung Council and may
be a full or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Watchung, including the following responsibilities which may not
be contracted out:
1.
Serving as the Borough of Watchung's primary point of contact for
all inquiries from the State, affordable housing providers, the Administrative
Agent, and interested households;
2.
Monitoring the status of all restricted units in the Borough of Watchung's
Fair Share Plan;
3.
Compiling, verifying, and submitting annual reporting as required
by COAH;
4.
Coordinating meetings with affordable housing providers and the Administrative
Agent, as applicable;
5.
Attending continuing education programs as may be required by COAH;
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in the Borough of Watchung as described in
paragraph f below.
d.
Subject to approval by COAH, the Borough of Watchung may contract
with or authorize a consultant, authority, government or any agency
charged by the Borough of Watchung Council, which entity shall have
the responsibility of administering the affordable housing program
of the Borough of Watchung. If the Borough of Watchung contracts with
another entity to administer all or any part of the affordable housing
program, including the affordability controls and Affirmative Marketing
Plan, the Municipal Housing Liaison shall supervise the contracting
Administrative Agent.
e.
Compensation. Compensation shall be fixed by the Borough of Watchung
Council at the time of the appointment of the Municipal Housing Liaison
or as provided in the Salary Resolution of the Borough and amendments
thereto.
f.
Administrative powers and duties assigned to the Municipal Housing
Liaison, if not delegated to an approved Administrative Agent as part
of a contract, are as follows:
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Watchung and the provisions of N.J.A.C. 5:80-26.15.
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Borough of Watchung when referring households
for certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Communicating with Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Ensure that all restricted units are identified as affordable
within the Tax Assessor's office and any municipal utility authority
(MUA) and upon notification to the Administrative Agent of change
in billing address, payment delinquency of two consecutive billing
cycles, transfer of title, or institution of a writ of foreclosure
on all affordable units, notifying all such owners that they must
either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(h)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
