The fiscal year of the Township shall begin
on the first day of January and end on the 31st day of December in
each year as provided by law.
A. The Township budget shall be prepared by the Manager.
During the month of November in each year, the Manager shall require
all department heads to submit requests for appropriation for the
next ensuing budget year and to appear before him at public hearings,
which shall be held during that month, on the various requests.
B. Budget requests shall be in such form and detail as
the Manager shall prescribe.
C. On or before the 15th day of January in each year,
the Manager shall prepare and submit to the Council a capital program
for the ensuing six fiscal years. A copy of the proposed capital budget
shall be forwarded to the Planning Board for review and comment by
said Board.
D. On or before the 15th day of January, the Manager
shall submit to the Council his recommended budget, together with
such explanatory comment or statement as he may deem desirable or
as requested by the Council. The budget shall be in such form as required
by law for municipal budgets. It shall, in addition, include a current
operating section and a capital section, together with detailed analysis
of the various items of expenditure and revenue and, to the extent
feasible, appropriate statements of the cost of performance of functional
programs and activity in terms of quantitative, countable units of
work for operation and capital expenditures.
E. The Council will thereafter consider and act upon
the Manager's recommended budget in accordance with the requirements
of the Local Budget Law, N.J.S.A. 40A:4-1 et seq.
[Amended 11-12-2013 by Ord. No. 2013-15; 9-2-2014 by Ord. No. 2014-13]
A. The Township Council has established an annual Capital Improvement
Program ("CIP"). The amount of funds allocated toward capital improvements
shall not exceed $2,000,000 annually. However, in any given year,
the amount of the total debt service for general obligation debt of
the Township, in the aggregate, will not exceed 10% of the total tax
levy.
B. Pursuant to the CIP Planning Preparation Schedule per Administrative
Operating Guideline 2014-2 of the Capital Improvement Program, the
capital program and budget shall be each year according to the following
criteria and process:
(1) Existing facilities and equipment inventory preparation. Initially,
upon adoption of this section, each department head will complete
and submit to the Manager, an inventory of the municipal properties
and assets under his or her responsibility and then update annually
by the first of each calendar year.
(2) Status of previously approved capital projects. Departments will identify CIP projects underway, including the initial funding mechanism (including account number and amount authorized); and make a determination whether additional funds will be required to complete the project, and make a determination of the amount of unspent funds available from completed and discontinued projects. This step is required pursuant to Township Code §
5-52, Capital program and budget amendment.
(3) Financial capacity assessment. In any given year, the amount of the
total debt service for general obligation debt of the Township, in
the aggregate, will not exceed 10% of the total tax levy. The financial
capacity assessment should be reviewed not less than every two years
by the Township's financial staff and professionals.
(4) Solicit, compile and evaluate capital project requests. Department
heads shall submit requests for capital improvement projects which
include a clear statement of need and justification for the project,
its cost (including any professional services), its net effect on
the operating budget (current and future), and a projected implementation
schedule.
(5) Establish capital project(s) priority. Project submissions shall
be ranked in priority by the Township Manager as objective as possible.
(6) Development of a CIP financial plan. Each project should include
a recommended method of financing, including, but not limited to,
long-term financing such as general obligation bonds, various state
and federal grant and loan programs, etc.; or short-term financing,
including, but not limited to, cash capital, bond anticipation notes,
etc.
(7) CIP adoption. A proposed completed CIP report for the next calendar
year shall be presented to the Township Council by the Township Manager
on or before the last Township meeting of the year. The report should
include a summary of recommendations for the upcoming year's capital
budget and the six-year program pursuant to statute. The Township
Council may approve the report as presented. If so, the Township Manager
will incorporate the report into the preparation of the annual budget.
However, the Township Council may decide to discuss projects in more
detail. If so, any delay beyond the planning preparation schedule
will be included in the Township Council budget process after receiving
the budget from the Township Manager.
(8) Capital project(s) review/monitoring. Upon approval of the adopted
municipal budget, all CIP projects included in the budget will be
authorized to proceed to project implementation. The Township Manager,
or his/her designee, will periodically report the status of the projects
indicating any changes in projected completion dates, identification
of serious issues, etc.
(9) CIP update. Annual updating of the CIP should consider any new information,
policies and proposed projects.
Budget appropriations shall be controlled by
an encumbrance system which shall be prescribed or approved by the
Manager.
[Amended 11-12-2013 by Ord. No. 2013-15]
All contracts shall be signed by the Mayor, or delegated to
the Manager by an appropriate contract award authorizing resolution,
attested by the Clerk or Deputy Clerk, and approved by the Township
Attorney for legal form and sufficiency. Purchase orders for which
a formal contract is not required by the Charter or general law may
be executed by the Manager without further approval.
The provisions of Local Bond Law, N.J.S.A. 40A:2-1
et seq., shall govern all aspects of bonds to which the Township is
a party.
[Amended 11-12-2013 by Ord. No. 2013-15]
All purchases of any supplies, materials or
equipment or contractual services for departments shall be made pursuant
to procedures established by the Manager. Any amendments or changes
to said procedures shall be reported to the Township Council during
the Manager's report section at a Township meeting.
[Amended 11-12-2013 by Ord. No. 2013-15]
The Manager shall establish a procedure for
the purchase of any item or items required for the immediate protection
of the public health, safety, morals or welfare, which will permit
emergency purchases to be made for specific purposes in a manner other
than pursuant to N.J.S.A. 40A:11-6. Any amendments or changes to said
procedures shall be reported to the Township Council during the Manager's
report section at a Township meeting.
[Amended 3-25-2008 by Ord. No. 2008-8; 8-15-2011 by Ord. No. 2011-10; 11-12-2013 by Ord. No. 2013-15]
Where purchases in excess of the Division of
the Local Government Services limit ($5,400 at the time of ordinance
adoption) are made without competitive bidding, the purchasing officer
shall obtain, wherever practicable, at least three price quotations
for the item or items purchased and shall record and maintain such
quotations in the office of the purchasing officer for at least one
year from the time they are furnished. Wherever circumstances permit,
the purchase shall be made from the lowest of such quotations received
from a responsible supplier.
The Manager shall present to the Council, at
Council's request, a summary of the financial transactions of the
Township since the next preceding report.
[Amended 11-12-2013 by Ord. No. 2013-15]
No bill, fee or claim shall be paid unless it
contains a detailed statement of the items of demand, specifying particularly
how the bill or demand is made up, and a certification of the party
claiming payment that it is correct; nor shall any bill, claim or
demand be paid unless the voucher on which it is presented carries
a certification of a department head or responsible Township official
having personal knowledge of the facts that the goods have been received
by or the services rendered to the Township. "Responsible Township
official" shall mean the Township Manager or any other Township employee
delegated such responsibility by the Township Manager.
A. All bills, claims and demands against the Township
shall be deemed approved or disapproved by the Council in accordance
with the action of the Manager. A voucher on a form prescribed by
the Manager shall be presented for each bill, claim or demand and
shall be paid only upon the audit, warrant and approval of the Manager.
Disbursement shall be made by a combination warrant-bank check or
draft warranted by the Manager or his designee, signed and countersigned
by the Treasurer, except that payroll checks may be signed by the
Treasurer alone upon voucher and warrant of the Manager for a total
payroll.
B. The Manager shall prepare for each regular meeting
of the Council a list of all bills, claims and vouchers which have
been approved for payment through the close of business on the second
day preceding the meeting and since the last preceding list was compiled.
Such list shall be prepared in sufficient quantity for each member
of the Council and the Manager, and at least one copy shall be filed
with the Clerk as a public record open to examination in his office.
The Council will designate and retain a registered
municipal accountant of New Jersey to prepare and submit an annual
postaudit of Township accounts in accordance with the state laws and
regulations.
[Added 11-12-2013 by Ord.
No. 2013-14]
Except as provided in Subsection B below, the following practices
shall be prohibited and subject to the penalties set forth in Subsection
E below.
A. Prohibited vendor practices.
(1) Willful submission of bidding or billing documentation to the Township
containing materially false and/or misleading information.
(2) Willful engagement in collusive bidding activities intended to restrain
fair and free bidding in a manner harmful to the Township.
(3) Willful submission of a billing invoice and voucher for payment that
is not in accordance with bid specifications.
B. Vendor fiduciary duty. Any vendor awarded a contract by the Township
shall owe the Township a fiduciary duty in its provision of goods
or performance of services. Such fiduciary duty shall be a mandatory
provision in the contract with the Township. Such contract shall further
provide the Township with the option to terminate the agreement upon
a vendor material breach of fiduciary duty.
C. Prohibited billing processing practices - elected and appointed officials.
(1) Willful interference with a Township employee implementing reasonable
procedures to approve vouchers for payment.
(2) Willfully causing a Township employee to pay a voucher that would not otherwise be authorized for approval under this Article
VII of the Township Code.
(3) Willfully and inappropriately causing a Township employee to award
a contract to a vendor that would otherwise not be retained or hired
by the Township under the provisions of the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq.
D. Prohibited billing processing practices - Township employees.
(1) Willful engagement in or allowance of collusive bidding activities
by vendors intended to restrain fair and free bidding in a manner
harmful to the Township.
(2) Willful certification or causing the certification of a Township
voucher for payment without informed knowledge of the facts (or without
reasonable implementing procedures) that materials, supplies and services
have been received or rendered.
E. Violations and penalties.
(1) Any engagement or participation in collusive activities, set forth in Subsections
A(2) or
D(1) above, shall subject the violator to a fine not to exceed the statutory limit for an ordinance violation (currently $2,000), payable to the Township Treasury, or imprisonment for a term not exceeding 90 days, or both such fine and imprisonment, in the discretion of the judge. The continuation of such violation for each successive day shall constitute a separate offense.
(2) Violations of any other provision of §
5-63.1 shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, §
1-16, Violations and penalties.