[1983 Code § 8-1]
The Mayor shall take the Chair if present at the time appointed
for the meeting of the governing body and shall reside over the deliberations
of the Council and shall conduct the regular and special meetings
thereof. He shall participate in the determination of Borough affairs
to the extent permitted by Statute. He shall allow the seating order
by seniority for all Council members so as to preclude debate or conflict
over seating arrangements.
[1983 Code § 8-2]
He shall reserve order on all occasions and may cause the arrest
or removal of any or all persons (except members of the Council) who
interrupt the proceedings of the governing body after appropriate
warning of such action.
[1983 Code § 8-3]
The Mayor may engage in any matter before the governing body,
the same as any other member.
[1983 Code § 8-4]
The Mayor shall immediately recognize a member of the governing
body on points of privilege, inquiry, information and/or order and
shall decide all questions on such points without debate, subject
however to an immediate appeal to the Council by the aggrieved Councilperson;
at his/her discretion, he/she may call for the sentiments of the governing
body upon any questions of order.
[1983 Code § 8-5]
When two or more Councilpersons request or indicate their desire
to speak at the same time, he/she shall name the order in which they
are entitled to the floor, subject to an appeal to the Council. He/she
shall not deny recognition to a member when no one else claims the
right to speak.
[1983 Code § 8-6]
The Mayor shall appoint all committees, regular and special,
with a majority consent of the Council, subject to provision of these
bylaws, provided that at least three affirmative votes of Councilpersons
shall be required for such purpose. He/she shall be a member ex-officio
of each such committee. In addition, he/she shall see that all matters
referred to committees are acted upon and reported on at each succeeding
regular meeting until such matters are resolved. The Council shall
by majority vote appoint such committees if the Mayor shall fail to
make such appointments within 30 days of the annual reorganization
meeting or within 30 days after such vacancy shall occur as the case
may be, provided that at least three affirmative votes by Councilpersons
shall be required for such purpose.
[1983 Code § 8-7]
The Mayor shall serve as liaison between the governing body
and all boards, committees, agencies or organizations, except as herein
assigned to the specific Council committee or Council member for liaison
purposes by majority vote of the Council.
[1983 Code § 8-10]
The Council President, at the discretion of the Mayor, shall
serve as liaison between the governing body and all boards, committees,
agencies or organization, as an ex officio member in accordance with
statute, except as herein assigned to the specific Council committee
or Council member for liaison purposes by majority vote of the Council.
[1983 Code § 8-12]
No additional compensation shall be granted to the Council President,
other than what is paid all Council members.
[1983 Code § 8-13]
The Municipal Clerk shall perform the duties enjoined upon him/her
by the Revised Statutes of New Jersey, and within the bylaws.
[1983 Code § 8-15]
The Clerk shall keep an Ordinance Book transcribing all ordinances and resolutions passed by the governing body which shall be kept current and properly and fully indexed. (See §
2-18 for statutory duties of the Municipal Clerk.)
[1983 Code § 8-16]
The Clerk shall type or reproduce the minutes in a number of
copies equal to the membership of the Mayor and Council and send a
copy to each member as soon as practicable after the meeting.
[1983 Code § 8-17; By-Laws amended 1-15-2013]
A. The Clerk shall prepare an agenda of the communications, hearings,
ordinances and other matters to come up at the meetings of the Mayor
and Council and shall furnish copies of such agenda to each member
not later than three days prior to the Council meeting. The Mayor
or any member of the governing body may have any matter on the agenda
by presenting the Clerk with written or verbal notification at least
four days prior to the Council meeting.
B. All roll call votes of the Council, beginning with the first vote
of the year, shall be alphabetical by last name.
[1983 Code § 8-18]
All petitions and communications addressed to the governing
body shall be in writing and be filed by the Borough Clerk. Copies
shall be submitted to the Mayor and members of the governing body
promptly.
[1983 Code § 8-19]
The Clerk shall file all reports by officers and committees
and all papers presented to or acted upon by the governing body.
[1983 Code § 8-20]
The Borough Clerk shall report to and be responsible to the
Mayor and Council.
[1983 Code § 8-21; Ord. No. 10-25; By-Laws amended 1-15-2013]
Education. The Mayor and members of the Council shall be required
to attend basic courses on their responsibilities and obligations
in local government. These shall include courses on budgeting, policy
setting, contracting, risk management and the Open Public Records
Act.
[1983 Code § 8-22]
A quorum shall be as provided by the Revised Statutes of New
Jersey, permitting three Councilpersons and the Mayor, and in the
absence of the Mayor, four Councilpersons, but a small number may
meet and adjourn from time to time.
[1983 Code § 8-23; By-Laws amended 1-15-2013]
The Order of Business at each Regular Meeting shall be as follows:
BOROUGH OF POMPTON LAKES
REGULAR MEETING
|
AGENDA
|
DATE
|
1.
|
CALL TO ORDER
|
|
PRAYER
|
|
FLAG SALUTE
|
|
STATEMENT OF COMPLIANCE
|
|
ROLL CALL
|
|
BOROUGH OFFICERS
|
|
MAYOR PRESENTATIONS AND UPDATES
|
2.
|
MEETING OPEN FOR PUBLIC COMMENT FOR MATTERS NOT ON AGENDA
|
3.
|
APPROVAL OF MINUTES
|
4.
|
AUTHORIZED BILLS AND CLAIMS
|
5.
|
PRESENTATION OF PETITIONS
|
6.
|
CONSENT AGENDA - RESOLUTIONS
|
7.
|
RESOLUTIONS FOR SEPARATE ACTION
|
8.
|
INTRODUCTION OF ORDINANCES - FIRST READING
|
9.
|
ORDINANCES FOR SECOND READING AND ADOPTION
|
10.
|
MAYOR REPORT
|
11.
|
COUNCIL COMMITTEE REPORTS
|
|
a.
|
The Council President shall report first. Thereafter, the order
of reports from Councilpersons shall be rotated throughout the year
and shall start at the first yearly meeting in alphabetical order
by last name and each subsequent meeting shall rotate one name forward,
and so on for the year.
|
|
b.
|
Each report should provide a status update of committee assignments.
Each Councilperson may comment on any issue that is related to Borough
business even if marginally related. Councilpersons should refrain
from discussing matters assigned to other Councilpersons. If a Councilperson
desires to discuss committee matters for committees not within their
scope of appointment, such discussion should be directly with the
appropriate Councilperson before or during the meeting. The appropriate
Councilperson should then be recognized by the Chair for further discussion
at the completion of the instant report in which the issue was raised.
|
|
c.
|
Reports should be as brief as possible.
|
12.
|
TABLED ITEMS
|
13.
|
MEETING OPEN FOR PUBLIC COMMENT FOR AGENDA ITEMS
|
14.
|
PRIVILEGE OF THE FLOOR
|
15.
|
CLOSED SESSIONS
|
16.
|
ADJOURN TO EXECUTIVE SESSION WHEN REQUIRED
|
17.
|
ADJOURNMENT
|
[1983 Code § 8-24; By-Laws amended 1-15-2013]
The Order of Business at each Special Meeting shall be as follows:
A. Reading of the Call for a Special Meeting.
D. Meeting Open for Public Comments. Each person shall be permitted
five minutes to comment on any governmental issue that he/she feels
may be of concern to the residents of the municipality. The public
portion shall not exceed 30 minutes.
E. Consideration of the business for which the meeting is called in
order listed in the notice.
[1983 Code § 8-25; New]
No departure from the regular order of business shall be allowed
except by a majority vote of the governing body or the determination
of the presiding officer.
[1983 Code § 8-26]
All meetings of the governing body shall be opened to the public
except where otherwise authorized by the Open Public Meetings Act.
[1983 Code § 8-27]
No motion or question shall be put or debated unless seconded.
[1983 Code § 8-28]
A motion is deemed to be in the possession of the governing
body when it has been stated by the presiding officer, a Councilperson
or made by a committee report and properly seconded.
[1983 Code § 8-29]
A. Every member, before speaking, shall address themselves to the Chair
and shall not occupy more than five minutes in debate twice, at which
point the governing body may limit debate.
B. No person shall speak more than twice. While a member is speaking,
no member shall entertain any private discourse.
C. All members of the public are individually limited to five minutes
of public discussion, with total discussion being limited to 30 minutes,
unless consent of the majority is given to extend it, at which point
thereafter the governing body may limit discussion.
D. The Borough Clerk will be the timekeeper for individuals speaking
to the governing body. When there are 30 seconds remaining, the Clerk
will inform the speaker and the governing body of the time remaining.
When time is up, the Clerk will immediately inform the governing body,
at which point the Chair will immediately instruct the person to cease
speaking. By a vote of a majority of the Council, an extension can
be granted to the person speaking.
[1983 Code § 8-30]
When a question has been once put and decided, a member who
has voted in the majority may move the reconsideration of the question;
but no motion for reconsideration shall be in order more than once,
not unless made on the same day on which the vote was taken or the
day of the next subsequent meeting.
[1983 Code § 8-31]
Whenever anyone not a member desires to be heard on any matter
of business, leave may be granted by the presiding officer only upon
a majority vote of the members present.
[1983 Code § 8-32; New]
When a question is put before the governing body, the order
of precedence shall be determined as follows:
C. For the previous question.
[1983 Code § 8-33; Ord. No. 2013-15]
The ayes and nays shall be called for by the Mayor or other
presiding officer or may be called for by a Council member. There
shall be no call for abstentions nor shall abstentions be announced
by any member. Any member who determines not to vote on any issue
for any reason shall cast their vote as "present". Upon all votes
being cast, the names of those voting aye or nay shall be entered
before the result is announced.
[1983 Code § 8-34]
In presenting a question to the governing body, the name of
members moving and seconding said question shall be entered in the
minutes.
[1983 Code § 8-35]
When a question contains two or more distinct propositions,
any Council member may call for a division of the question, and the
vote shall then be taken on each distinct proposition separately.
[1983 Code § 8-36]
A member speaking shall confine himself to the question and
avoid personalities. No allusion shall be made to the motives or reasons
relating to any member in the debate or other performance of duty
and any such allusion shall be ruled out of order immediately by the
presiding officer.
[1983 Code § 8-37]
The presiding officer or any member may call to order any member
transgressing the rules. Such member shall immediately discontinue
such transgression. If such member persists in violation of the rules,
he shall be, on motion, censured by a majority vote of the members
present and voting, and after censure if such member persists in violating
the rules, he shall be, on motion, suspended and/or removed from participation
for the remainder of the meeting by a vote of four of the members
present and voting.
[1983 Code § 8-38]
Robert's Rules of Order (Revised) shall govern in cases of disputes
over the interpretation of rules and shall govern matters not otherwise
governed by law or these bylaws. The Borough Attorney shall act as
Parliamentarian. If the Borough Attorney is not in attendance, then
the dispute shall be resolved by the Chair.
[1983 Code § 8-39; By-Laws amended 1-15-2013]
A. At the annual meeting or within 30 days thereafter, the Mayor shall,
with the concurrence of the majority of the Council, appoint a Chairperson
and member to the following standing committees, each of which shall
consist of not more than two members of the Council, with the exception
of Finance, which will have three members.
B. The following committees and departments will be directly responsible to their individual Chairperson, with overall responsibility to the Mayor and Council. (Duties of standing committees of the Council are detailed under §
2-11.)
1. Civic activities:
c. Board of Education [one of two].
2. Finance and Personnel:
b. Chief Financial Officer/Borough Treasurer.
f. Salary Review [one of three].
3. Licenses and Ordinances:
b. Judge of the Municipal Court.
c. Zoning Board of Adjustment.
4. Public Works (D.P.W.):
g. Environmental Protection Committee.
h. Passaic County Solid Waste Liaison.
5. Public Safety:
f. North Jersey Flood Control.
g. 208 Water Quality N.E. Basin.
6. Ombudsman for Redevelopment.
C. In the event that the Mayor fails to make the aforesaid appointments
or in the event that the Mayor's appointments or any of them fail
to receive the consent of the majority of the Council at the annual
meetings or within 30 days thereafter, then in either event, the governing
body shall nominate and select by majority vote the Chairperson and
members of the aforesaid committees.
D. Subject to concurrence by majority of the Council, the Mayor shall
name the successor to any such Chairperson or committee member, and
in case of their death, resignation or removal from office or to change
existing committee assignments when it is in the best interest of
the Borough to do so.
[1983 Code § 8-40]
The Mayor and Council President may be members of all committees.
[1983 Code § 8-41]
A. The governing body, by a majority vote, shall have the power at any
time, and after a hearing, to remove a Chairperson or member of any
committee for cause.
B. Three consecutive absences from a regular scheduled meeting shall
constitute cause for removal, unless written notification of absence
is submitted prior to a meeting or said absence shall be reasonable.
[1983 Code § 8-42]
Special committees may be appointed by the Mayor or the Mayor
and Council for purposes other than those included in the duties of
standing committees.
[1983 Code § 8-43]
All new business introduced at any meeting shall be referred
to the appropriate committees, unless, on motion, it is referred to
a special committee or is laid over until the next meeting, or may
be acted upon at the meeting at which the new business is introduced.
[1983 Code § 8-44]
A. Standing committees are appointed to expedite and facilitate the
work of the Council, but only within statutory limits, as the entire
Council is held responsible for any or all of its acts.
B. Standing committees shall:
1. Plan, study, direct and make recommendations within the budgetary
limits approved by the governing body and carry on the routine activities
for which it has primary responsibility.
2. Perform such acts as may be assigned to it by the Mayor and Council.
3. Report and make recommendations to the Council regarding its responsibility
and activities.
4. Require all boards and commissions to provide a list of monthly membership
attendance and briefly describe the items covered at the monthly meeting.
C. Except as provided above, a standing committee shall not:
1. Exceed its budgetary appropriations without the prior approval of
the Council.
2. Make promises or commitments to anyone which, directly or by inference,
bind the Council.
[1983 Code § 8-45]
The Chairperson of each committee shall call meetings of their
respective committees by written notice to each member served through
the Clerk at least 48 hours previous to the time appointed for such
meeting. A committee member, by attendance at a committee meeting,
shall be deemed to have waived any formality in the notice. However,
any member of the governing body may attend any committee meeting.
[1983 Code § 8-46]
All committees will be for a term of one year, commencing on
January 1 through the last day of December. By majority vote, a committee
may be disbanded if it no longer serves a purpose.
[1983 Code § 8-47]
The Chairperson of each standing committee shall report to the
governing body at the first meeting of each month, except for special
matters referred to the committee which shall be reported by the Chairperson
at each regular meeting of the governing body.
[1983 Code § 8-48]
Each special committee shall report through the Chairperson
member designated by such committee for the matter referred to it.
It shall report back at the next regular meeting of the governing
body, along with a written monthly report and the attendance of the
membership.
[1983 Code § 8-49; By-Laws amended 1-15-2013]
The Civic Activities Committee shall have primary responsibility
for the following described activities and matters:
A. The administration, practice, procedures and records of the following
committees:
1. Recreation Commission Liaison.
5. Board of Education (liaison) [one of two].
B. Review and approve all programs proposed by the various boards and
commissions under its jurisdiction.
[1983 Code § 8-50; By-Laws amended 1-15-2013]
A. The Finance Committee shall have primary responsibility for the following
described activities and matters:
1. The examination, review and approval of all vouchers by at least
two members of the Committee prior to their submission to the Council
for authority to pay the same.
2. The administration, practice, procedures and records as well as the
operational responsibility of the following person and/or operations:
a. Chief Financial Officer/Treasurer.
e. Salary Review Committee [one of three].
f. Planning Board, Class III member.
g. Zoning Board of Adjustment.
3. The initiation of foreclosure action and subsequent administration
and disposition of property acquired by the Borough under foreclosure
of tax liens in cooperation with the Committee of Public Buildings
and Grounds and the Planning Board after prior notice of the governing
body.
4. Cooperation with the Public Works Committee in connection with fiscal
matters pertaining to the Road Department.
5. The coordination of departmental budgets and the preparation of budgetary
figures relating to the activities mentioned and the final preparation,
explanation and continuing supervision of the entire municipal budget.
6. All matters pertaining to any insurance coverage of the Borough.
B. The Finance Committee shall serve as the liaison between the Council
and the Municipal Auditor and with any other governmental body or
organization on fiscal matters.
C. The Finance Committee shall receive, review and present to the Council
and the Municipal Auditor all matters dealing with any other governmental
body or organization on fiscal matters.
D. The Finance Committee shall receive, review and present to the Council
the proposed budget of all Borough-appointed boards and committees.
E. The Finance Committee should have financial reports submitted as
to the assessment of properties, added assessments, etc.
F. The Finance Committee shall review and present to the Council the
Treasurer's and Tax Collector's procedures, as well as fee collection
of the Construction Official, Assessor and Board of Health.
G. The Finance Committee shall require that all bills, claims and vouchers
be paid in accordance with statutory procedures, N.J.S.A. 40A:4-17
and by ordinance.
H. The Finance Committee shall oversee that all departments are in conformance
with state statutes and good auditing practices.
I. The Finance Committee shall also serve as Class III member of the
Planning Board.
J. All members of the Finance Committee shall be members of the Salary
Review Committee.
K. The Finance Committee shall prepare a proposed municipal budget to
the Borough Mayor and Council no later than the second Council meeting
of January. Upon completion of the proposed budget, the Finance Committee
shall submit the proposed budget to the Mayor and Council for official
action to be taken according to law. However, prior to the official
action being taken, the Mayor and Council shall have the opportunity
to provide their input.
[1983 Code § 8-51; New]
The License and Ordinance Committee shall have primary responsibility
for the following described activities and matters:
A. The practice and procedure and record in respect to the enactment of ordinances and adoption of resolutions; reviewing and recommending action thereon by the governing body (as set forth in §
2-12).
B. Review all applications for licenses and recommend action thereon
by the governing body except those reserved to the Municipal Clerk.
C. Oversee the maintenance and updating of the Code of the Borough.
D. Shall have the responsibility of the following departments, along
with all licenses and ordinances:
2. Judge of the Municipal Court.
3. Construction Official and his office.
E. Shall have the responsibility of the following departments relating
only to licenses and ordinances:
[1983 Code § 8-52; By-Laws amended 1-15-2013]
The Public Maintenance Committee shall have primary responsibility
for the following described activities and matters:
A. The administration, practice, procedures and records of the following:
1. Collection of all garbage, refuse and recyclable items.
2. Road construction, improvements, maintenance and cleaning, including
street opening.
3. Construction and maintenance of sidewalks and curbs.
4. Maintenance of vehicles and other mechanical equipment as assigned.
5. The Borough Engineer and his office in connection with roads.
6. Maintenance of all buildings and grounds (Subsection
2-11.5).
7. Parks, playgrounds and lighting (Subsection
2-11.6).
8. Liaison with Shade Tree Commission, including leaf collections and
tree trimming.
[1983 Code § 8-53]
The Building and Grounds Subcommittee shall have primary responsibility
for the following described activities and matters:
A. The administration, practice, procedures and records of the following:
1. All public buildings and grounds, including the alteration, remodeling,
renovating and maintenance of the same, and the construction of new
public buildings.
2. General lands and buildings of the Borough of Pompton Lakes.
[1983 Code § 8-54; By-Laws amended 1-15-2013]
A. The Parks, Playgrounds and Lighting Subcommittee shall be part responsible
for the following described activities and matters:
1. The administration, practice, procedure and records pertaining to
the construction and maintenance of streetlights in the Borough of
Pompton Lakes.
2. It shall serve as the liaison between the Council and the various
utility corporations operating with the Borough, except in matters
which are primary responsibility of other committees.
B. It shall also serve as Liaison between the Council and:
1. The State and County Highway Departments, except in traffic matters,
which are under the jurisdiction of the Public Safety Committee.
2. Passaic County Solid Waste Advisory Committee.
C. The administration, practice procedures and records of the following:
1. Park maintenance and improvements.
D. It shall also serve as the Liaison between the Council and:
1. The Borough Engineer and his office in connection with roads.
2. The Environmental Protection Committee.
3. The Passaic County Solid Waste Advisory Committee (S.W.A.C.).
[1983 Code § 8-55]
A. The Public Safety Committee shall have primary responsibility for
the following described activities and matters:
1. Police, fire, first aid, police reserve, Board of Health.
2. The enforcement of all matters pertaining to traffic regulations
and public safety.
3. The enforcement of the ordinances of the Borough of Pompton Lakes
and other offenses committed within the Borough of Pompton Lakes in
conjunction with any other committee which may have a direct interest
in matters subject to enforcement.
4. Civilian defense and disaster control and liaison with all other
public safety committees.
5. The administration, practice, procedures and records of the following:
a. The activities of the volunteer firemen, police rescue, civil defense
and their organizations in the Borough of Pompton Lakes.
B. It shall also serve as the liaison charged with public safety, including
the Board of Health.
C. It shall also serve as the liaison to North Jersey Flood Control
and 208 Water Quality N.E. Basin and the M.U.A.
[1983 Code § 8-56]
A. The Ombudsman for Redevelopment shall have primary responsibility
for seeking the redevelopment of the business district in Pompton
Lakes. This shall include any and all industrial tracts, In addition,
the Ombudsman shall look into areas in which the community can expand
its ratable base.
B. This Committee shall not address governmental operations.
[1983 Code § 8-57]
The Grant Committee shall have primary responsibility for seeking
and obtaining grants for the Borough government. The Grant Committee
may aid and participate in obtaining grants for other governmental
entities in the Borough and/or civic organizations (not limited to,
but by way of example, the Chamber of Commerce).
[1983 Code § 8-58; New]
All proposed ordinances, amendments and supplements to ordinances
shall be presented, in writing, at the regular Council meeting by
the Ordinance Committee, the Borough Attorney or the Borough Administrator.
[1983 Code § 8-59]
The Clerk shall endorse on all ordinances the time when and
by whom introduced.
[1983 Code § 8-60]
All ordinances shall be passed in the manner provided by statute.
[1983 Code § 8-61]
Upon the passage of an ordinance, the same shall be properly
numbered and recorded at length by the Clerk in the Ordinance Book.
The Clerk shall enter in said book at the end of each ordinance the
following:
"The foregoing was passed at a regular meeting of the governing
body of the Borough of Pompton Lakes held on the __________ day of
__________."
[1983 Code § 8-62]
Original ordinances shall be entitled as follows: "An Ordinance
(then add the subject thereof)." Supplementary or amendatory ordinances
shall be entitled as follows: "A supplement (or amendment) to an Ordinance,
(then add title of original to which it is a supplement or amendment)"
or shall be entitled "An Ordinance to Amend (or Supplement) the Code
of the Borough of Pompton Lakes." All regulatory ordinances and administrative
ordinances shall be referenced to the Code of the Borough of Pompton
Lakes. All ordinances shall be numbered first by the last two digits
of the current year, and the second, by the chronological number of
the ordinance as introduced.
[1983 Code § 12-2]
The agenda for each regular Mayor and Borough Council meeting
shall contain an item entitled "Consent Agenda." Such Consent Agenda,
as determined by the Municipal Clerk, shall consist of all resolutions
and applications for permits. All such items, which appear on the
Consent Agenda, shall be included in one resolution entitled "Resolution
Authorizing Passage of Consent Agenda." The resolution shall contain
the titles of all of the resolutions and applications to be considered
at the regular meeting of the Mayor and Borough Council. It shall
be necessary for the Mayor and Borough Council to vote only on the
resolution authorizing the passage of the Consent Agenda, unless the
Mayor or any member of the Council shall request that it be voted
upon separately by the Mayor and Council.