[1984 Code § 4-9A;Ord. No. 08-1283]
There shall be a Municipal Clerk appointed by the Mayor and
Council for a term of three years, provided that when any Clerk shall
be reappointed so as to hold such office for five years, he shall
achieve tenure pursuant to law.
[1984 Code § 4-9B;Ord. No. 08-1283]
No person shall be appointed or reappointed as Municipal Clerk
unless he shall have a Registered Municipal Clerk Certificate issued
pursuant to N.J.S.A. 40A:9-133 et seq. Prior to appointment, the Clerk
shall be qualified by training and experience to perform the duties
of office.
[Ord. No. 08-1283]
The Clerk's salary shall be established in the Salary Ordinance.
[1984 Code §§ 4-10 - 4-15]
a.
Keeping of Minutes for Council and Committees. The Clerk shall serve
as Clerk of the Council and shall attend all meetings of the Council
and of any committees of the Council when required by the Chairman
and shall keep the minutes of the meetings of the Council and of such
committees. The minutes of each meeting of the Council shall be signed
by the Clerk and shall be approved by the Council at a subsequent
meeting.
b.
Recording of Ordinances and Resolutions. The Clerk shall record all
ordinances and all resolutions of a permanent character in books to
be provided for that purpose. After each ordinance, he shall also
record and certify the proof of publication thereof as required by
law. Each ordinance and resolution so recorded shall be signed by
the Mayor and the Clerk, who shall attest that it was duly adopted
upon the date stated, and, when so signed, the recorded copy shall
be deemed to be a public record of the ordinance or resolution. Any
omission by the Clerk of the Mayor to record, sign or certify as herein
required shall not impair or affect the validity of any ordinance
which has been duly adopted.
c.
Keeping and Certification of Records; Keeping of Seal.
1.
The Clerk shall have custody of and safely keep all records, books
and documents of the Borough, except those committed by ordinance
to any other office or transferred thereto by the Council.
2.
The Clerk shall, upon request and payment of the fees prescribed
therefor by resolution of the Council for the use of the Borough,
furnish a certified copy of any such paper in his custody under the
Corporate Seal of the Borough.
3.
The Clerk shall cause the Corporate Seal of the Borough to be affixed
to instruments and writings when authorized by ordinance or resolution
of the Council or when necessary to exemplify any document on record
in his office, or to certify any act or paper which, from the records
in his office, shall appear to have been a public act of the Borough
or a public document. The Municipal Clerk shall not affix the Seal
or cause or permit it to be affixed to any other instrument, writing
or other paper unless required by law or ordinance.
d.
Responsibility for Bonds; Insurance and Property Contracts. The Municipal
Clerk, subject to the supervision of the Council, shall:
1.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except his own bond,
which shall be placed in the custody of the Chief Financial Officer;
of all insurance policies upon or with respect to risks insured for
the benefit of the Borough or to protect it against any claim, demand
or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the Borough may
be a party.
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 person on account of work
done or to be done in the Borough.
3.
Have custody of all deed, easements, rights-of-way, leases, etc.,
owned by or leased to the Borough.
4.
Report to the Council on the coverage, expiration date and premium
of each surety bond and contract of insurance, the nature and terms
of outstanding leases, the rent reserved by each and their respective
expiration dates.
e.
Filing of Rules and Regulations. No rule or general regulation made
by any Department, Officer, agency or authority of the Borough, except
such as relates to the organization or internal management of the
Borough government or a part thereof, shall take effect until it is
filed with the Clerk. The 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.
f.
Additional Powers and Duties. In addition to such other functions,
powers and duties as may be prescribed by ordinance and subject to
the supervision and direction of the Council, the Clerk shall:
1.
Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the New Jersey Statutes) and any
other law or ordinance.
2.
Administer the provisions of Borough ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance to be obtained from the Clerk.
3.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
Council.
[Ord. No. 925 § 1]
The position of Business Administrator of the Borough of Milltown
is hereby established in accordance with Chapter 157 of the Laws of
1989, N.J.S.A. 40A:9-136 et seq., and the employment of a person to
fill such position on a temporary or permanent basis is hereby authorized.
[Ord. No. 925 § 2]
The Business Administrator shall be appointed by the Mayor with
the advice and consent of the Council.
[Ord. No. 925 § 3]
The term of office of the Business Administrator shall be indefinite,
and at the pleasure of the Borough Council.
[Ord. No. 925 § 4]
The Business Administrator shall receive an annual salary as
established in the Salary Ordinance for the Borough of Milltown.
[Ord. No. 925 § 5]
The Business Administrator shall be chosen by the Mayor and
Borough Council solely on the basis of executive and administrative
qualifications, with reference to actual training in governmental
affairs, education, experience and training as evidenced by a degree
from a recognized four year college in Public Administration, Business
Administration or a field related to governmental administration and
by actual experience in governmental administration.
No elected member of the Governing Body may receive such appointment
as Administrator during the member's normal term of office, or within
three years after the normal expiration of the member's normal term
of office, except for the possibility of interim appointment to fill
an absence or vacancy, not to exceed 90 days.
[Ord. No. 925 § 6]
The position of the Business Administrator need not be filled
by a resident of the Borough of Milltown.
[Ord. No. 925 § 7]
The Administrator shall not engage in any political activity,
nor shall be make any financial contributions to any local political
campaign.
[Ord. No. 925 § 8]
a.
The Business Administrator may be removed by a 2/3 vote of the full
membership of the Governing Body. The resolution of removal shall
become effective three months after the adoption of same by the Governing
Body unless the resolution provides that it shall have immediate effect.
In such event, the Governing Body shall cause to be paid to the Business
Administrator forthwith any unpaid balance of his salary and his salary
for the next three months following adoption of the resolution.
b.
In the event of removal or resignation of the Business Administrator,
the Governing Body shall, by resolution, appoint an officer or other
employee of the Borough as Acting Business Administrator to serve
at the pleasure of the Governing Body or until a Business Administrator
is appointed by the Governing Body. Removal of the Acting Business
Administrator shall be by a majority vote of the full membership of
the Governing Body.
[Ord. No. 925 § 9]
The Business Administrator shall act as liaison between the
Mayor and Council and the various departments, officers, employees
and agents of the Borough and assist the Mayor and Council in the
administration of the business of the Borough, and in addition, perform
the following duties:
a.
In General.
1.
Serve as chief of staff to the Mayor and Council.
2.
Supervise the administration of each of the Departments of Borough
Government with respect to matters of budgeting, personnel and purchasing.
3.
Supervise the management, planning and operations of all Departments
within the guidelines set forth by N.J.S.A. 40A:60-1 et seq. (Chapter
379 of the Laws of 1987).
4.
Prescribe and enforce rules and regulations for efficient management
of Borough Government, subject to the ordinances of the Borough.
5.
Coordinate the operation and administration of the various Departments,
divisions, offices and agencies of the Borough Government.
6.
Require each Department to make monthly and such other reports of
its work as may be deemed desirable.
7.
Make recommendations for action by the Council as he may deem in
the public interest.
8.
Develop, prescribe and enforce rules and regulations for the efficient
management of Borough Government, for the avoidance of any duplication
or overlapping of effort among the departments or among units within
a department and for the improvement of methods and procedures of
administration.
9.
Assign office space, furniture and facilities among and within the
departments.
10.
Maintain a continuing review of Federal and State Aid programs of
interest to the Borough to assure that the Borough shall receive any
and all aid to which it may be legally entitled.
11.
Establish and administer a program for the dissemination of information
concerning the Borough to the press and the citizens of the Borough,
including but not limited to a directory of the Borough Government.
12.
Attend meetings and conferences of the Mayor and Council and standing
Committees upon the request of the Council.
13.
Assist in special Borough project administration.
14.
Provide technical assistance to existing Borough advisory bodies.
15.
Perform such other duties as the Mayor and Council may prescribe.
b.
Budgetary Responsibilities.
1.
Assist in the preparation of the budget.
2.
Prescribe and install uniform forms and procedures for the budget
preparation by all departments and administer the budget procedures
set forth by Statute.
3.
Assist the Mayor and Council in the review and analysis of budget
requests and in the preparation of the budget document.
4.
Assist the Mayor and Council in conducting departmental public hearings
upon budget requests.
5.
Maintain a continuing review and analysis of budget operations, work
programs and costs of Borough services.
c.
Personnel.
1.
Be responsible for the development and administration of a sound
personnel system.
2.
Develop and administer the Borough's personnel program, including
up-to-date job classifications and pay plans, active recruiting of
needed personnel and in-service training programs.
3.
Coordinate the process of appointment and removal of Borough employees
within the various departments and to this end, review and approve
proposed appointments and discharges of personnel prior to any such
action by any department to ensure compliance with the provision of
the personnel policies of the Borough.
4.
Assign and transfer employees temporarily from one department to
another as efficient administration may require, provided that any
such assignment or transfer shall not affect the civil service classification,
status or compensation of any employee.
5.
Design, install and maintain personnel records for each Borough employee
and officer, including a job description and qualification required,
the education, training and experience of the employee, any professional
or traded licenses held, all personnel actions taken with respect
to the employee, compensation, civil service and pension status and
all other such pertinent information.
6.
Develop, install and administer an orderly procedure for the consideration,
review and adjustment of employee grievances.
[Ord. No. 776 § 1]
The position of Chief Financial Officer is hereby established
in accordance with N.J.S.A. 40A:9-140.10.
[Ord. No. 776 § 2;Ord. No. 08-1283]
Pursuant to N.J.S.A. 40A:9-140.1, "Chief Financial Officer"
shall mean the official appointed pursuant to N.J.S.A. 40A:9-140.10)
to be responsible for the proper financial administration of the municipality
under the "Local Government Supervision Act (1947)," P.L. 1947, c.151
(C.52:27BB-1 et seq.); 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," P.L. 1971, c. 198 (C. 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 financial administration
of the municipality.
[Ord. No. 776 § 3]
The Chief Financial Officer shall be responsible for compliance
with the provisions of N.J.A.C. Title 5, Volume B, Subtitle C, Regulations
of Local Government Services, including but not limited to, Section
5:30 through Section 5:39. Additionally, the Chief Financial Officer
shall be responsible for compliance with provisions of N.J.S.A. 40A,
including but not limited to, N.J.S.A. 40A:2-1 et seq. (Local Bond
Law); N.J.S.A. 40A:3-1 (Municipal Qualified Bond Act); N.J.S.A. 40A:4-1
et seq. (Local Budget Law) and N.J.S.A. 40A:5-1 et seq. (Local Fiscal
Affairs Law).
[Ord. No. 08-1283]
Pursuant to N.J.S.A. 40A:9-140.13, commencing January 1, 1991,
no person shall be appointed or reappointed as Chief Financial Officer
unless he holds a municipal finance officer certificate issued pursuant
to the provisions of N.J.S.A. 40A:9-140.1 et seq.
[Ord. No. 776 § 4]
The Chief Financial Officer shall receive such annual salary
for his duties performed as shall be established in the Salary Ordinance.[1]
[1]
Editor's Note: The Salary Ordinance may be found on file in
the office of the Borough Clerk.
[1984 Code § 4-34]
a.
The Borough Attorney shall be appointed by the Mayor, with the advice
and consent of the Council, for a term of one year.
b.
The Borough Attorney shall be a licensed Attorney-At-Law of the State
of New Jersey, but need not be a resident of the Borough.
c.
In lieu of appointing an individual attorney, the Council may appoint
a firm of attorneys, all members of which shall be licensed Attorneys-At-Law
of the State of New Jersey.
d.
The Attorney shall not receive a fixed salary, but shall be paid
such retainer as may be agreed upon and authorized by the Council,
plus such fees and charges as shall be deemed reasonable. The scope
of work included in the Attorney's retainer and the work for which
he will be paid additional fees shall be agreed upon at the time of
his appointment.
[1984 Code § 4-35]
a.
The Attorney shall have such powers and perform such duties as are
provided for the Office of Borough Attorney by intent of the general
law or ordinances of the Borough. Except where the Borough is adequately
represented by counsel retained by an insurance carrier, the Borough
Attorney shall represent the Borough in all judicial and administrative
proceedings, including the Municipal Court when required, in which
the municipality or any of its officers or agencies may be a party
or have an interest. He shall give all legal counsel and advice where
required by the Mayor and Council or any member thereof and shall,
in general, serve as the legal advisor to the Mayor and Council on
all matters of Borough business.
b.
In furtherance of such general powers and duties, but without limitation
thereto, the Borough Attorney shall:
1.
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 Borough.
2.
With the approval of the Mayor and 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.
3.
Subject to the approval of the Borough Council, have power to enter
into any agreement, compromise or settlement of any litigation in
which the Borough is involved.
4.
Render any opinions in writing upon any question of law submitted
to him by the Mayor, 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 Mayor and Council in the
administration of municipal affairs.
5.
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 Borough.
[1984 Code § 4-24]
The Tax Collector shall be appointed pursuant to N.J.S.A. 40A:9-141.
[Ord. No. 08-1283]
No person shall be appointed or reappointed as Tax Collector
unless he or she shall hold a Tax Collector Certificate issued by
the Director of the Division of Local Government Services.
[Ord. No. 08-1283]
A Tax Collector certificate shall be obtained upon qualification
and successful completion of the examination given by the Director
of the Division of Local Government Services. Qualifications for certification
shall be in accordance with N.J.S.A. 40A:9-145.2. Revocation or suspension
of any certificates shall be in accordance with N.J.S.A. 40A:9-145.5.
[Ord. No. 08-1283]
Pursuant to N.J.S.A. 40A:9-142, the Tax Collector shall hold
office for a term of four terms from January 1 next following his
appointment. Vacancies other than those due to expiration of term
shall be filled by appointment for the unexpired term.
[1984 Code § 4-25]
The Tax Collector shall:
[1984 Code § 4-26]
The Tax Assessor shall be appointed pursuant to N.J.S.A. 40A:9-146
through 40A:9-148.1.
[Ord. No. 08-1283]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law.
[1984 Code § 4-27;Ord. No. 08-1283]
The Tax Assessor shall perform the duties required of the holder
of such office pursuant to Title 54 of the New Jersey Statutes and
such regulations as may be promulgated by the New Jersey Division
of Taxation and the Middlesex County Board of Taxation.
The Tax Assessor shall:
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
b.
Maintain adequate assessment records of such separate parcel of real
property assessed or exempted.
c.
In cooperation with the Borough Engineer, maintain a current tax
map of the Borough as a public record and cause to be recorded thereon
all changes in ownership or character of the real property assessed,
employing for that purpose the facilities of other departments as
provided by this chapter.
[Ord. No. 08-1283]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[1984 Code § 4-36]
a.
There shall be a Borough Engineer who shall be appointed by the Mayor
and Council for a term of one year.
b.
The Borough Engineer shall be a duly licensed professional engineer
of the State of New Jersey, but need not be a resident of the Borough.
c.
In lieu of appointing an individual, the Mayor and Council may appoint
a qualified firm of engineers.
[1984 Code § 4-37]
a.
The Borough Engineer shall perform such duties as are prescribed
by general law and ordinance and, in addition, shall:
1.
Prepare, or cause to be prepared, plans, designs and specifications
for public works and improvements undertaken by the Borough, either
on force account or by public contact.
2.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
3.
Provide technical and engineering advice and assistance to other
Borough departments as needed.
b.
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 service with the Borough, the Borough Engineer shall forthwith
surrender to any successor all such property.
[Ord. No. 786 § 1]
There is hereby established and created in the Borough of Milltown,
the position of Borough Planner.
[Ord. No. 786 § 2]
The Borough Planner shall be appointed by the Borough Council.
The Borough Planner may be removed from office for cause, being defined
as the failure to perform the duties of Borough Planner, as defined
in this section, or mental and/or physical incompetence to perform
the duties of the position of Borough Planner. If the Borough Planner
is to be removed for cause, he may request a public hearing, which
shall be held not earlier than 15 days no later than 30 days after
his submission of his request to the Borough Council, which shall
supply the Borough Planner with a specification of charges.
[Ord. No. 786 § 3]
In order to qualify for the position of Borough Planner, a person
shall hold a master's degree in Planning and Urban Studies and shall,
in addition, have at least five years experience in municipal planning
with three years in an administrative or supervisory position. Furthermore,
the individual must possess a valid Professional Planner's License
issued by the State of New Jersey.
[Ord. No. 786 § 4]
The Borough Planner shall receive such compensation as prescribed
by Salary Ordinance.
[Ord. No. 786 § V;
amended 11-9-2020 by Ord. No. 2020-1494]
The duties of the Borough Planner shall include but not be limited
to the following:
a.
Serve as technical planning advisor to the Borough Council, Planning
Board, Industrial Committee, Environmental Committee, and Recreation
Committee; and conduct such studies as shall be requested and approved
by the Borough Council.
b.
Receive plans of all proposed subdivisions of land within the Borough;
review such plans for conformity to sound planning and design principles,
provide design review comments of subdivisions; make studies of land
subdivision applications in an attempt to integrate subdivisions with
overall plans of the Borough; review all subdivisions submissions
for conformity to the Master Plan and Development Control Ordinances
of the Borough.
c.
Receive site plans of all proposed developments within the Borough;
review the design of site plans in coordination with surrounding properties;
provide planning review and comment on the design of the submitted
site plans; review all site plans for conformity with the Master Plan
and Development Control Ordinances of the Borough.
d.
Study and analyze matters, such as, but not limited to, transportation,
land use, natural and human resources, housing and capital improvements;
and prepare and submit findings and recommendations to the Planning
Board, Borough Council, Industrial Committee, and Environmental Committee.
e.
Secure data and analyze zoning problems for the purpose of making
reports to the Planning Board.
f.
Recommend and assist in the preparation of amendments to the Zoning
Ordinance, Subdivision and Site Plan Review Ordinance, Master Plan
and other development, conservation and planning regulations and ordinances.
g.
Review and analyze the ordinances and plans of surrounding municipalities,
Counties and State; analyze and report on proposed development in
adjacent municipalities as it may affect the Borough, and coordinate
planning, development and conservation programs with the adjoining
municipalities, Counties and State.
h.
Professional planning review and preparation of written reports on
studies, programs, reports, etc., as may be prepared by Federal, State
and County agencies, as deemed necessary by the Planning Board.
i.
Perform grant administration services to the Borough relative to
all preparation of the grant applications, grantee performance reports,
and periodic programming reports and/or such other professional grant
services as may be deemed reasonable and necessary.
j.
Provide research and investigation of all grant and/or loan programs
available to and/or solicited by the Borough through Federal, State,
County or regional agencies; and provide grant administration services
for the application for development of the grant and/or loan programming,
and/or such other professional services as may be deemed reasonable
and necessary.
k.
Provide expert professional planning testimony for presentation before
Federal or State courts, or Federal, State, County and/or municipal
agencies or jurisdiction as required and deemed necessary by the Governing
Body and/or the Planning Board.
[Ord. No. 786 § VI]
The Borough Planner shall be the chief administrative and executive
officer in the Department of Planning. He shall be responsible for
the activities of the Department of Planning and, furthermore, have
complete control over the internal policies, procedures, rules, regulations
and organization of the Department, subject to all applicable ordinances
and Statutes.
[1984 Code § 4-28; Ord. No. 13-1381 § 6]
There shall be a Superintendent of Public Works pursuant to
the provisions of N.J.S.A. 40A:9-154.5, et seq. The Superintendent
of Public Works shall be appointed by the Mayor, with the advice and
consent of the Council. The term of the Superintendent of Public Works
shall be for a calendar year, and any vacancy during the term shall
be filled only for the unexpired term.
The Borough may appoint a Supervisor of Public Works in lieu
of a Superintendent of Public Works. In such an event, the Supervisor
of Public Works shall act as, and fulfill the duties of, the Superintendent
of Public Works.
[1984 Code § 4-29; Ord. No. 13-1381 § 6]
a.
The Superintendent or Supervisor of Public Works need not be a resident
of the Borough as of the date of appointment, but the Superintendent
or Supervisor of Public Works shall establish a residence within the
Borough within six months of the date of appointment.
b.
The Superintendent or Supervisor of Public Works shall be a person
qualified by education, training and/or experience to perform the
duties of the office. The Superintendent or Supervisor of Public Works
shall hold no other office or engage in any other employment.
[1984 Code § 4-30; Ord. No. 13-1381 § 6]
The Superintendent or Supervisor of Public Works shall:
a.
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 supervision.
b.
Submit to the chairman of the appropriate Council committee a monthly
report of all work performed and services furnished, as well as inspections
made during the previous month.
c.
Submit to the appropriate Council committee his recommendations for
budget appropriations for the ensuing year.
d.
Recommend for approval the expenditure of all funds by voucher changeable
against the public works budget.
e.
Inspect or be responsible for the inspection of all sewer lines,
waterlines and electric facilities in the Borough, either individually
or in conjunction with other designated officials.
f.
Receive all complaints from Borough residents and taxpayers relating
to the operations under his jurisdiction, investigate same, take appropriate
action and report the results to the Chairman of the Public Works
Committee.
g.
Attend Council meetings and meetings of the Council committees when
required.
h.
Supervise the operation, maintenance and repair of any Borough-owned
equipment used in the performance of the work assigned to him.
i.
Set up, keep and maintain all the necessary books, records, field
notes, maps, surveys and similar records necessary to perform the
duties of his office, and turn over all such records to his successor
or the Chairman of the Committee upon the termination of his employment
with the Borough.
j.
Recommend to the appropriate committee chairman the need for any
repairs and replacements to Borough-owned equipment, structures, buildings
or grounds.
k.
Supervise the performance of the work of any personnel assigned to
his jurisdiction.
l.
Take charge of and be responsible for the construction, development,
expansion, operation, maintenance and improvement of all streets,
roads, curbs, sidewalks, parks, cutting of brush, mowing of grass,
removal of snow, electrical distribution system, sanitary sewer system,
storm sewer system, water distribution system and the care of other
public works in the Borough, including Borough-owned buildings, subject
to the orders and directions of the Council.
[1984 Code § 4-31; Ord. No. 13-1381 § 6]
The Council shall, by resolution, make such rules and regulations
necessary for the proper regulation of the various duties of the Superintendent
or Supervisor of Public Works.
[Ord. No. 13-1381 § 1]
The position of Supervisor of Public Works is hereby established
in accordance with the specifications issued by the New Jersey Civil
Service Commission.
[Ord. No. 13-1381 § 2]
[Ord. No. 13-1381 § 4]
The salary for this position shall be set forth in the Salary
Ordinance to be separately adopted by the Mayor and Council.
[1984 Code § 4-38;Ord. No. 08-1283]
a.
The Construction Official shall issue certificates of occupancy and
may also serve as the Zoning Officer.
b.
He shall enforce the Uniform Construction Code and have all the powers,
functions and duties prescribed by general law and ordinance for the
construction officials and set forth in the Uniform Construction Code.
c.
He shall keep a record of his proceedings, a permit book and complaint
book, all of which shall be subject to inspection.
d.
He shall report regularly to the Mayor and Council, at their direction,
the number of permits issued, the estimated cost of such work and
the fees received and paid by him to the Chief Financial Officer.
[1984 Code § 4-39]
a.
There is hereby created in the Borough a Purchasing Agent.
b.
The Purchasing Agent shall be under the jurisdiction of the Mayor
and Council.
c.
The Purchasing Agent, who shall be a Borough Official, shall be appointed
by the Mayor, with the advice and consent of the Council, at the first
meeting of January of each year.
[1984 Code § 4-40]
The Purchasing Agent shall prepare rules and regulations to
be approved by the Mayor and Council, and the Purchasing Agent may
prepare forms, rules and regulations, which shall be binding upon
the several departments and offices, of the requisitions of supplies,
materials, equipment and any items needed, and including goods and
chattels, and for the transaction of all business of any kind and
character relating to the purchases. The forms, rules and regulations
may be altered or repealed at any time by the Purchasing Agent, subject
to the approval of the Borough Council.
[1984 Code § 4-41]
a.
The Purchasing Agent shall be charged with the sole and exclusive
duty of purchasing supplies, materials and equipment required by the
various departments, agencies, boards and offices of the Borough of
Milltown. No article shall be contracted for or purchased by any of
the boards, agencies and offices of the Borough except in accordance
with the provisions of this section.
b.
All purchases shall be approved by the Purchasing Agent and charged
to the appropriate Department, as provided in the budget adopted by
the Mayor and Council, and no bill for any such purchase shall be
approved or paid unless and until such purchase shall have been made
and approved as provided.
c.
The Purchasing Agent may sell such personal property of the Borough
as in the opinion of the Purchasing Agent is unsuitable or not needed
for further public use or which may have been condemned as useless
by it, but only after soliciting and obtaining price quotations therefor,
with the approval of the Borough Council.
d.
All supplies, materials, equipment and other items needed by the
Borough Departments and Officers shall be purchased or contracted
for and all bids received through the Purchasing Agent. The Council
and every Borough Department and Office shall submit, when necessary,
a list of such supplies, materials, equipment and other items to the
Purchasing Agent, and the Purchasing Agent, after standardization
of the necessary quantities and specifications so far as possible
thereof, shall purchase such supplies, materials, equipment and other
items needed, from the lowest responsible bidder.
e.
Nothing herein contained shall be construed as abridging the power
and authority of the Borough Council to purchase or enter into a contract
to purchase, within any legal limits, any materials, supplies or services
as permitted by law; provided, however, that the purchase or contract
to purchase is duly authorized by ordinance or resolution; nor shall
anything herein contained be deemed as avoiding or attempting to avoid
the requirements of N.J.S.A. 40A:11-4 through 40A:11-6.
[Ord. No. 1010 § A]
There shall be a Municipal Public Defender of the Municipal
Court appointed by the Mayor with the advice and consent of the Borough
Council. The Public Defender shall be an Attorney-at-Law of this State
in good standing and shall serve for a term of one year from the date
of the appointment, and may continue to serve in office pending reappointment
or appointment of a successor.
[Ord. No. 1010 § B]
The Municipal Public Defender shall be compensated by the Borough
of Milltown as provided for in the Salary Ordinance.
[Ord. No. 1010 § C]
It shall be the duty of the Municipal Public Defender to represent,
except in the case of temporary unavailability or conflict of interest,
any defendant charged with an offense in Municipal Court who is an
indigent municipal defendant entitled to representation. All necessary
services and facilities of representation including both expert and
lay investigation and testimony as well as other preparations shall
be provided in every case.
A Municipal Public Defender shall be responsible for handling
all phases of the defense, including, but not limited to, discovery,
pre-trial and post-trial hearings, motions, removals to Federal District
Court and other collateral functions reasonably related to the defense.
Past-trial hearings shall not include de novo appeals in Superior
Court.
The Municipal Public Defender shall represent an indigent defendant
charged in Municipal Court with a disorderly persons or petty disorderly
persons offense or with a crime as specified in N.J.S.A. 2B:12-18
or with the violation of any statute, ordinance or regulation of a
penal nature where, in the opinion of the Municipal Court, there is
a likelihood that the person, if convicted, will be subject to imprisonment.
[Ord. No. 1010 § D]
If there is a vacancy in the office of Municipal Public Defender,
if the Municipal Public Defender is temporarily unavailable or if
a finding of conflict of interest precludes the Municipal Public Defender
from representing an indigent defendant, the Municipal Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. Unless rates are otherwise
established by the Municipality, the attorney shall be entitled to
compensation at the same rate as attorneys hired by the Office of
the Public Defender in conflict cases, with payment to be made within
30 days. Once appointed, the attorney shall carry out all the duties
of the Municipal Public Defender in connection with the case that
is the subject of the appointment.
[Ord. No. 1010 § E]
Eligibility for services of the Municipal Public Defender shall
be determined by the Municipal Court on the basis of the need of the
defendant. Need shall be measured according to N.J.S.A. 2A:158A-14
and guidelines promulgated by the New Jersey Supreme Court.
In the event that a determination of eligibility cannot be made
before the time when the first services are to be rendered, or if
an initial determination is found to be erroneous, the Municipal Court
shall refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible,
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the Municipality
for the cost of the services rendered to that time.
[Ord. No. 1010 § F; Ord. No. 1015]
Any person applying for representation by a Municipal Public
Defender in the Borough of Milltown shall pay an application fee of
not more than $200 to the Municipal Court Administrator at the time
of the application. The amount paid shall be only an amount necessary
to pay the costs of the Municipal Public Defender services. The Court
may waive the required fee in whole or in part if the Court determines
upon a clear and convincing showing by the applicant that the fee
represents an unreasonable burden on the person seeking the services
of the Public Defender. The Municipal Court may permit the applicant
to pay the fee over a specified time not to exceed four months.
[Ord. No. 1010 § G]
Any funds collected pursuant to subsection 2-18.5 and 2-18.6 shall be deposited in a dedicated fund administered by the Chief Financial Officer, and those funds shall be used exclusively to meet the costs incurred in providing the services of the Public Defender or if required, attendant expert and lay investigation and services.
[Ord. No. 04-1174]
Position of Superintendent of Electrical Utility and Water/Sewer
Utility is hereby established.
[Ord. No. 04-1174]
a.
The responsibilities for the positions include but are not limited
to the following:
1.
Oversee purchase of electric power and water including preparation
of specifications for bids and negotiations of price.
2.
Direct supervisors and employees in the inspection construction,
repair, rebuilding and maintenance of electrical and water equipment
and facilities.
3.
Develop and organize work programs for employees including work schedules
and work assignments.
4.
Supervisor of work assignments to assure safety.
5.
Preparation of necessary reports to professionals and the Mayor and
Council of the Borough as directed.
6.
Preparation of work orders for electrical and water installations,
materials and equipment.
7.
Such other responsibilities as may be assigned by the Mayor and Council
and/or the Borough Administrator.
8.
The salary and hours of this position shall be set forth in the Salary
Ordinance to be separately adopted by the Mayor and Council.
[Added 12-14-2015 by Ord. No. 15-1419]
The position of Director of Municipal Utilities is hereby established.
Responsible for administration of all Water Utility and Electric
Utility Operations of Substation and 4kV Distribution System. Direct
and supervise all Borough Utility personnel, including Superintendent,
linemen, linemen apprentices and groundmen. Coordinate and supervise
the training of all assigned personnel, and maintain training documentation.
Responsible for utility personnel schedules, standby schedules and
overtime schedules.
a.
Electric
Utility: Supervises the administration, management and operations
of the municipal electrical transmission distribution systems and
staff; has charge of and directs varied activities involved in constructing,
inspecting, maintaining and repairing the systems; does related work
as required. Supervises the administration, management and operations
of the electric generation power plant and staff; has charge of and
directs varied activities involved in constructing, inspecting, maintaining
and repairing the systems; does related work as required.
b.
Water
Utility: Supervises the administration, management, and operation
of a Sewage Disposal Plant and systems and staff; has charge of and
directs varied activities involved in constructing, inspecting, maintaining,
and repairing water service and sewer installations; does other related
duties as required.
a.
Electric
Utility: Distribution.
1.
Designs,
lays out, orders, and supervises the obtaining, storing, safeguarding,
installation, and use of needed equipment, materials, and supplies.
2.
Plans
construction and coordinates operation of facilities for transmitting
power from transmission lines through substations and distribution
points to consumers.
3.
Makes
complex electrical computations to determine type and arrangement
of circuits and size, type and number of pieces of equipment, such
as transformers, circuit breakers, switches, and lightning arresters.
4.
Computes
sag and stress for specifications on wire and cable.
5.
Plans
layout of pole lines and underground cable and solves problems, such
as determining height, location, spacing, guying, and insulating of
poles.
6.
Supervises
the staff in maintaining and repairing electrical distribution and
transmission lines.
7.
Supervises
the installation and maintenance of street lighting standards, transformers,
wire fixtures and overhead and underground cables.
8.
Advises
and helps customers on matters dealing with the installation and servicing
of electrical equipment and the maintenance thereof.
9.
Determines
power and light metering installations.
10.
Supervises
the meter reading and meter repair activities.
11.
Supervises
subordinates working in varied community projects, including decorations,
public address systems and celebrations.
12.
Determines
the internal organization of the electric distribution unit and develops
effective work methods.
13.
Interprets
organization policies to workers.
14.
Gives
suitable assignments and instructions to individuals and groups, provides
them with needed advice and assistance when difficult and unusual
problems arise, and checks their work to see that proper procedures
are followed, that reasonable standards of workmanship are maintained
and that desired objectives are achieved.
15.
Recommends
personnel actions, such as promotions, transfers or disciplinary measures.
16.
Assists
in handling employee grievances, prepares and recommends the annual
distribution units capital, assists in the formulation of the municipal
budget.
17.
Prepares
and directs the preparation of suitable reports.
18.
Supervises
the establishment and maintenance of needed records and files.
19.
Provides
assignments and instructions and checks their work to see that proper
procedures are followed.
20.
Supervises
the operators of varied types of equipment, maintenance and repair
of equipment, maintenance of buildings and grounds, and obtaining,
storing, safeguarding, and use of equipment, materials and supplies.
21.
Supervises
and coordinates the activities of staff engaged in operating and controlling
electric equipment.
22.
Establishes
and adjusts work procedures to meet production schedules.
23.
Recommends
personnel actions, such as promotions, transfers or disciplinary measures.
24.
Assists
in handling employee grievances, prepares and recommends the annual
distribution unit's capital, assists in the formulation of the municipal
budget.
25.
Supervises
the operators of the varied types of equipment, the maintenance and
repair of equipment, the maintenance of the building and grounds and
the obtaining, storing, safeguarding and use of needed equipment,
materials, and supplies.
26.
Prepares
and supervises the preparation of reports.
27.
Supervises
the establishment and maintenance of records and files.
28.
Will
be required to learn to utilize various types of electronic and/or
manual recording and information systems used by the agency, office,
or related units.
b.
Water
Utility.
1.
Oversees
the establishment, development, and execution of work plans and procedures
for the construction, maintenance, repair, and inspection of water
service and sewer installations.
2.
Gives
assignments and instructions to workers and oversees their work.
3.
Maintain
liaison with other municipal units.
4.
Takes
the lead in developing the work program, internal organization, and
operational procedures for the inspection, maintenance, repair, and
construction of water and sewer installations.
5.
Plans
work to be done and decides on the methods to use.
6.
Gives
assignments to staff.
7.
Periodically
inspects work being performed in the field.
8.
Plans
the use of personnel, equipment, and materials.
9.
Prepares
recommendations for the improvement of processes and techniques used.
10.
Helps
to determine the factors that cause unnecessarily high costs and delays
in making needed repairs.
11.
Oversees
work to maintain the condition, operation, and effectiveness of the
water system.
12.
Helps
prepare the annual budget estimates for the unit.
13.
Receives
complaints and requests for repairs and takes proper remedial action.
14.
Prepares
reports.
15.
Acknowledges
and replies to correspondence.
16.
Supervises
the establishment and maintenance of records and files.
17.
Will
be required to learn to utilize various types of electronic and/or
manual recording and information systems used by the agency, office,
or related units.
a.
Experience.
Five years of experience involving the maintenance, repair, and installation
of water and sewer distribution lines. Five years of experience in
the maintenance and repair of an electrical distribution system.
b.
License.
Appointees will be required to possess a driver's license valid in
New Jersey only if the operation of a vehicle, rather than employee
mobility, is necessary to perform essential duties of the position.
c.
Fields
of Knowledge.
1.
Knowledge
of municipal liability and risk management.
2.
Knowledge
of basic electrical power theory relative to kVA, kW, power factor,
kV, amps and their effect on the substation and distribution system
operation.
3.
Experience
as individual in responsible charge of a utility substation of at
least subtransmission primary and distribution secondary for a period
of at least five years.
4.
Experience
with overhead and underground power distribution preferred.
5.
Electric
Utility Generation:
(a)
Knowledge of the methods of overseeing the obtaining, storing, safeguarding
and use of needed equipment, materials and supplies.
(b)
Knowledge of the establishment and maintenance of records.
(c)
Ability to evaluate use patterns of electricity and project future
requirements in terms of expanding or changing consumer demands.
(d)
Ability to gather and organize varied data, establish priorities
and plan for future contingencies.
(e)
Ability to determine the types of manpower required to operate and
maintain the facility.
(f)
Ability to evaluate employee effectiveness, identify training needs
and provide formal or on-the-job instruction in electric functions.
(g)
Ability to analyze and interpret problems that arise.
(h)
Ability to utilize various types of electronic and/or manual recording
and information systems used by the agency, office, or related units.
6.
Electric
Utility Distribution:
(a)
Knowledge of the problems and approved procedures involved in constructing
and maintaining a large electrical transmission and distribution system.
(b)
Knowledge of electrical transmission and distribution facilities
design, construction and operational characteristics and equipment
installation.
(c)
Knowledge of street light and fire alarms.
(d)
Knowledge of the functions and purposes of electrical substations.
(e)
Knowledge of the operation, maintenance, and repair of electric meters
and of the proper laying out of electric lines.
(f)
Knowledge of effective management techniques.
(g)
Knowledge of personnel management and labor relations concepts and
methods.
(h)
Knowledge of the electric utility budgetary process.
(i)
Ability to formulate effective working policies and develop effective
work methods.
(j)
Ability to work harmoniously with consumers, make investigations
of complaints, and take proper remedial action.
(k)
Ability to plan and coordinate the operation of electrical substation
and distribution facilities.
(l)
Ability to give suitable assignments and instructions to individuals
and groups, provide them with needed advice and assistance when difficult
and unusual problems arise, and check their work to see that proper
procedures are followed, that reasonable standards of workmanship
and output are maintained, and that desired objectives are achieved.
(m)
Ability to evaluate employee effectiveness and identify training
need and provide for formal or on-the-job instruction in electric
transmission and distribution functions.
(n)
Ability to supervise the design, installation, and maintenance of
switchgear for the power house and the substation.
(o)
Ability to supervise the obtaining, storing, safeguarding and use
of needed equipment, materials and supplies.
(p)
Ability to prepare clear, sound, accurate and informative reports.
7.
Water
Utility.
(a)
Knowledge of problems, procedures, and methods used in inspecting,
analyzing, and determining the repair and maintenance work to be done
and materials needed.
(b)
Knowledge of problems involved in establishing, maintaining, and
developing work procedures.
(c)
Knowledge of procedures for obtaining and storing supplies.
(d)
Knowledge of procedures for maintaining records and files.
(e)
Knowledge of problems and procedures involved in operating, adjusting,
regulating, and maintaining chemical feed machines and chlorinators,
pumps, flowmeters, and other related equipment.
(f)
Ability to analyze maintenance problems.
(g)
Ability to give assignments and instructions to subordinates.
(h)
Ability to handle complaints tactfully and pleasantly and take needed
remedial action.
(i)
Ability to conduct periodic inspections to determine the condition
of facilities and efficiency of subordinates.
(j)
Ability to prepare reports and files.
(k)
Ability to utilize various types of electronic and/or manual recording
and information systems used by the agency, office, or related units.
8.
General
Abilities:
(a)
Ability to read, write, speak, understand, and communicate in English
sufficiently to perform duties of this position. American Sign Language
or Braille may also be considered as acceptable forms of communication.
(b)
Persons with mental or physical disabilities are eligible as long
as they can perform essential functions of the job after reasonable
accommodation is made to their known limitations. If the accommodation
cannot be made because it would cause the employer undue hardship,
such persons may not be eligible.
[Added 5-9-2016 by Ord. No. 16-1427]
A position in the Borough of Milltown for licensed water operator
is hereby established. This position will be a part-time position.
The position will be appointed annually at the Borough Reorganization
Meeting for a period not to exceed one year.
Areas of responsibility are to include, but are not limited
to, monitor the daily water distribution system operation; prepare
the monthly and quarterly water distribution report to the county
and state respectively; emergency response and system planning to
the water distribution system
a.
Appointees
must possess a driver's license valid in the State of New Jersey only
if the operation of a vehicle rather than employee mobility is necessary
to perform essential duties of the position.
b.
Appointees
must maintain a valid license issued by the New Jersey Department
of Environmental Protection equal to or superior than required for
the maintenance of the system.
