[1967 Code § 2-23.1]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), and regulations promulgated thereunder, the Mayor and Clerk-Administrator are hereby authorized to enter into a Cooperative Pricing Agreement with the County of Somerset for the receipt of competitive bids relating to the purchase of work, materials and supplies and to participate in the Somerset County Cooperative Pricing System.
[1967 Code § 2-23.2]
The County entering into contracts on behalf of the Borough of Bound Brook shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), regulations promulgated thereunder, and all other provisions of the revised statutes of the State of New Jersey.
[1967 Code § 2-25.1]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Borough of Bound Brook pursuant to any fire insurance policy issued or renewed after the adoption of this section and the filing of this section with the State Commissioner of Insurance until such time as:
a.
All taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 shall have been paid either by the owner of such real property or by the insurance company; or
b.
The municipality submits to the insurance company a copy of a resolution adopted pursuant to Subsection 2-54.2; provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings.
[1967 Code § 2-25.2]
The Borough Council may by resolution enter into an agreement with the owner of any fire damaged property situated in the Borough of Bound Brook to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of a tax sale lien by installment payments pursuant to N.J.S.A. 54:5-65 et seq., if the Borough Council is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property.
In the event of such resolution, a certified copy of the resolution shall be sent to the insurance company authorizing the insurance company to make full payment on the claim to the insured.
[1967 Code § 2-25.3]
Notwithstanding the provisions of Subsection 2-54.1 an insurance company may pay proceeds of a fire insurance policy to a mortgagee of fire damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as a named insured; provided said payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
[1967 Code § 2-26.1; Ord. No. 2014-08 § 1; 4-22-2025 by Ord. No. 2025-14]
a.
There is hereby created and designated within the Borough of Bound Brook, the "Bound Brook Special Improvement District" (the "District") hereinafter designated by street address and tax lot and block number set forth in Subsection 2-55.3. The District shall be subject to a special assessment of all commercial property within the District, which shall be imposed by the Borough of Bound Brook for the purposes of promoting the economic and general welfare of the District and the municipality, as well as for the purposes of permitting capital improvement projects to be undertaken for the benefit of the District.
b.
For purposes of this section, commercial property shall be defined as any property classified as 4A or 4C by the Municipal Tax Assessor. However, to the extent any property serves as an owner occupied residence, the portion of the property that is utilized as an owner occupied residence shall be exempted from the special assessment and the remainder of that property shall be assessed.
c.
All of the monies collected by the assessment pursuant to this section shall be spent solely to benefit the District.
d.
If the SID Advisory Board is in compliance with all of the requirements in this section, the Borough will transfer assessed payments collected to the SID Advisory Board quarterly, on the fifteenth day of February, May, August and November as collected.
e.
Failure of a property owner to pay annual assessments shall be treated in the same manner as a failure to pay property taxes, as provided for in Title 54 of the New Jersey Statutes.
f.
Assessments shall be due and payable quarterly on February 1, May 1, August 1 and November 1 of each year, with a ten-day grace period, after which dates, if unpaid, shall become delinquent, with interest charged at the highest legally permitted rate.
g.
Unpaid special assessments shall become a lien against the underlying property and shall be collectible in the same manner as any other municipal property taxes and assessments as provided by the laws of the State of New Jersey.
[1967 Code § 2-26.2; Ord. No. 2014-08 § 2; amended 4-22-2025 by Ord. No. 2025-14]
There is hereby created a SID Advisory Board.
[1967 Code § 2-26.3; Ord. No. 2014-08 § 3]
a.
All costs of development, construction and acquisition relating to providing public improvements for the District not borne by Federal, State, County or local governments shall be financed and assessed to properties specially benefited by such improvements. The properties specially benefited by the creation of the District as described by lot and block number and street address are listed in Appendix "A." (Appendix A may be found as an attachment to this chapter.)
b.
The Governing Body has determined that the properties specially benefited consist of all commercial properties within the District.
[1967 Code § 2-26.4]
It is hereby determined that the improvements in the District may involve annual costs in addition to the initial cost of constructing and making improvements within the District. Such annual costs relate to maintenance services peculiar to the District and are distinguished from maintenance services normally provided by the Borough outside of the District and will provide benefits primarily to the property included in the District rather than to the Borough as a whole. The improvements and the facilities thereof shall be maintained and operated pursuant to the provisions of this section and to N.J.S.A. 40:56-65 et seq., and the costs thereof shall be assessed or taxed to the benefited properties or businesses pursuant to this section and N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85. The properties to be assessed or taxed to provide for the payment of such annual costs are described in Subsection 2-55.3.
[1967 Code § 2-26.5; amended 4-22-2025 by Ord. No. 2025-14]
Concurrently with the submission of the Improvement Implementation Plan for the Special Improvement District and annually thereafter the SID Advisory Board shall, in accordance with N.J.S.A. 40:56-80, report to the Borough Council an estimate of the cost of operating and maintaining and annually improving the District for the next fiscal year to be incurred under the Plan and an estimate of the changes in the amounts of said cost which would follow upon the adoption of any addition or amendments to the Plan recommended to or under consideration by the Borough Council. Such estimates shall be reasonably itemized and shall include a summary of the categories of cost properly chargeable in accordance with N.J.S.A. 40:56-80.
[1967 Code § 2-26.6; amended 4-22-2025 by Ord. No. 2025-14]
The SID Advisory Board shall submit a detailed annual budget for approval by resolution of the Borough Council. The budget submitted by the SID Advisory Board shall set forth the amounts anticipated to be allocated separately to management activities and those amounts to be allocated to capital improvements. The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives for the District. The budget shall be introduced, advertised, subject to public hearing, amended and adopted by not less than a majority of the full membership of the Governing Body in accordance with the procedures set forth in N.J.S.A. 40:56-84.
[1967 Code § 2-26.7; amended 4-22-2025 by Ord. No. 2025-14]
The SID Advisory Board, as hereinafter described, shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Governing Body in accordance with N.J.S.A. 40:56-88 and for that purpose the Corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the Governing Body within four months after the close of the fiscal year and a certified duplicate copy of the audit shall be filed with the Department of Community Affairs within five days of the filing of the audit with the Governing Body.
[1967 Code § 2-26.8; amended 4-22-2025 by Ord. No. 2025-14]
The SID Advisory Board shall, within 30 days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Governing Body of the municipality.
[1967 Code § 2-26.9; Ord. No. 2014-08 § 4; amended 4-22-2025 by Ord. No. 2025-14]
There is hereby created the "Borough of Bound Brook SID Advisory Board" (the "SID Advisory Board"), which shall exercise the following powers:
a.
The Advisory Board shall act in an advisory capacity to the Borough Council in accordance with the requirements of this chapter and applicable law. The Advisory Board shall have only the authority delegated to it in this chapter in accordance with applicable law.
b.
The duties and authority of the Advisory Board shall include the following:
1.
To meet regularly to conduct the business of the Advisory Board as set forth in this chapter;
2.
To establish, on an annual basis or such other interval requested by the Borough Council, the goals of the SID and policies for the achievement of those goals, and to evaluate the performance of and effectiveness of the Advisory Board in achieving those goals;
3.
To prepare an annual budget for the SID no later than the Advisory Board's November meeting so as to ensure the budget will be reviewed and approved by the full membership of the Board in time to present it to the Borough Council by such date in December as the Borough Clerk shall require;
4.
To establish all necessary procedures to properly discharge the responsibility of sound financial management of the SID, including the regular development and review of updated financial statements at all regular meetings of the Board;
5.
To seek bids for the products and services of professionals, such as marketing agencies, designers, planners and/or engineers, as it deems appropriate to fulfill its mission and to submit written recommendations to the Borough Council for authorization and/or award of such bids prior to the purchase of products or services and/or prior to payment of compensation for same;
6.
To initiate and facilitate communications with the Borough of Bound Brook Planning Board, Borough of Bound Brook Zoning Board of Adjustment and such other Borough agencies and/or offices to better inform all decisions affecting the business communities within the SID;
7.
To furnish recommendations and advice to the Borough Council with respect to the development of a vision plan and/or overlay plan to guide the development and/or improvement of properties within the SID, including investigation of issues involving land use, zoning and development of properties within the SID and preparation of reports and/or other written recommendations thereon;
8.
To receive comments and requests from owners or occupants of properties within the SID and from members of the public regarding activity, improvement and/or events within the SID;
9.
To establish such committees as the Advisory Board deems necessary for the thorough and efficient operation of the Board;
10.
To engage in such other activities as are customary for similarly-situated Boards with authority to oversee special improvement districts, subject to the review and approval of the Borough Administrator and/or Borough Council, as the case may be, with respect to such activities as: litter clean-up and control; providing recreational and rest areas and facilities; publicizing and marketing the SID and the businesses therein; recruiting new businesses to fill vacant commercial spaces within the SID towards the goal of balancing the mix of business types and/or uses therein; organizing special events; and providing temporary decorative lighting and/or greenery on properties within the SID;
11.
To hire or retain a managing director, subject to the review and approval of same by the Borough Council, to assist the Advisory Board in the completion of its duties as set forth herein; and
12.
To hire or retain professionals or non-professionals, subject to the review and approval of same by the Borough Council, to carry out services deemed to benefit the businesses, employees, residents and consumers in the SID.
[1967 Code § 2-26.10; Ord. No. 2014-08 § 5; amended 4-22-2025 by Ord. No. 2025-14]
The SID Advisory Board shall be governed by an Advisory Board consisting of at least seven but not more than nine voting members appointed by the Borough Council as follows:
a.
A member of the Borough Council appointed by a majority vote of the Borough Council; two residents of the Borough of Bound Brook; three persons who are owners of real estate within the District, or officials of a corporation or entity owning real estate within the District; and three persons who are proprietors of businesses conducted in the District.
b.
The appointment of members to the Advisory Board shall initially be as follows: three members for a one-year term; four members for a two-year term; and two members for a three-year term. Thereafter, appointments will be for a three-year term. Terms shall expire on December 31;
c.
Vacancies on the Advisory Board shall be appointed at the sole discretion of the Borough Council and will be filled for the expiration of the term;
d.
The member of the Borough Council shall be appointed for a one-year term ending December 31; and
e.
The member of the Borough Council shall enjoy all the same rights and privileges of the other board members including the right to vote; and
f.
Advisory Board members shall serve no more than three consecutive terms, and after at least a one year hiatus, may serve for a maximum of three additional consecutive terms.
[1967 Code § 2-26.12; Ord. No. 07-03; amended 4-22-2025 by Ord. No. 2025-14]
a.
The SID Advisory Board shall have a chairperson, vice-chairperson, secretary and treasurer. The chairperson and vice-chairperson shall be appointed annually by the Borough Council. The positions of secretary and treasurer shall be filled annually by Borough employees or other individuals designated by the Borough Council.
b.
Chairperson. The chairperson shall be responsible for the general charge and supervision of the activities and affairs of the Advisory Board as set forth herein. The chairperson's duties shall include, but not be limited to, the following:
1.
To preside at all meetings and/or hearings of the Advisory Board;
3.
To serve as the officially recognized spokesperson for the Advisory Board in communications with the Borough Council, including communicating the majority viewpoints and positions of the Advisory Board as expressed at scheduled meetings thereof;
4.
To prepare and/or approve the meeting agenda and supportive literature, if any, at least 48 hours prior to a regularly scheduled meeting of the Advisory Board;
5.
To call emergency meetings in accordance with the requirements of the Open Public Meetings Act;
6.
To appoint liaisons with other official agencies or offices of the Borough;
7.
To prepare annually a report of the activities of the Advisory Board for each fiscal year and deliver same to the Borough Council within 60 days of the close of each fiscal year;
9.
To receive and distribute all correspondence of the Advisory Board, as appropriate;
10.
To delegate to another officer of the Advisory Board, from time to time, such of the chairperson's duties set forth herein as may be appropriate; and
c.
d.
Secretary. The duties of the secretary shall be as follows:
1.
To record Board member attendance at all meetings;
2.
To record minutes at each meeting of the Advisory Board and present the minutes to the members of the Advisory Board at least 48 hours prior to the next meeting of the Board;
3.
To present the previous meeting's minutes at scheduled meetings for corrections, additions and/or approval by the Board;
4.
To keep records of the terms of the members of the Board and notify each member and the Borough Council by December 1 of each year of the expiring terms for January appointments; and
e.
Treasurer. The duties of the treasurer shall be as follows:
1.
To prepare an annual budget for the SID no later than the November meeting to be reviewed and approved by the Advisory Board for its presentation to the Borough Council by the December deadline specified by the Borough Clerk;
2.
To provide a regular account of the financial status of the SID, including but not limited to preparing regular financial reports which shall be presented at each Advisory Board meeting; and
3.
To oversee the preparation of an annual audit of the books, accounts and financial transactions of the Advisory Board to be filed with the Borough Council within four months of the close of the fiscal year in accordance with N.J.S.A. 40:56-88 and to be filed with the New Jersey Department of Community Affairs within five days of the filing of the audit with the Borough Council; and to perform such other duties of an Advisory Board treasurer as may be prescribed by law and/or established in Subsections 2-55.13 and 2-55.14 of this chapter.
[Added 4-22-2025 by Ord. No. 2025-14]
The Borough's Administrator shall serve as the Municipal Liaison, unless the Borough Council appoints, by resolution, another individual to serve as the Municipal Liaison. The duties of the Municipal Liaison shall include, but not be limited to, facilitating open communications between the Board and the Borough Mayor and Council and such other duties and/or functions as the Borough Council may deem necessary to ensure such open communications and to promote the coordination of efforts between the Borough Council and the Board in furtherance of the purpose of the SID.
[Added 4-22-2025 by Ord. No. 2025-14]
a.
The Advisory Board shall hold regular meetings not less than six times per year. The chairperson has authority to cancel and/or reschedule any meeting or change the location thereof, provided that the secretary shall have sufficient time to publish notice of cancellation in the time required by law. The chairperson also may call a special meeting of the Advisory Board upon adequate public notice as specified in the New Jersey Open Public Meetings Act.
b.
All meetings shall be conducted in accordance with the Open Public Meetings Act, including the notice provisions thereof. It shall be the duty of the secretary to give appropriate notice of the time, place and purpose of all regularly scheduled and special meetings. Such notice shall be published in a newspaper of general circulation within the Borough and shall be posted in the Borough Municipal Building in accordance with law. If possible, the notice required herein also may be posted on the official website of the Borough and the SID.
c.
Quorum. A majority of the members of the Advisory Board shall constitute a quorum. A quorum shall be required to conduct any business of the Advisory Board. If a quorum is not present at any meeting of the Advisory Board, the members present shall cancel the meeting without any notice other than an announcement to all those present. In the event a meeting is canceled for lack of a quorum, the agenda shall be added to the agenda for the next meeting of the Advisory Board and all action to be taken thereon shall be taken at the next meeting of the Advisory Board where a quorum is present.
d.
Voting. All action of the Advisory Board shall require the affirmative vote of a majority of those present (so long as same constitutes a quorum), it being the intent that a "majority" shall mean at least one member in excess of 50% of the members present. Voting by proxy and/or voting by mail or email are not valid methods of voting and any votes attempted to be cast by such methods shall not be counted. A vote by a member who is participating by telephone conference call shall be valid and shall be counted.
e.
Minutes. Meeting minutes shall be kept for every Advisory Board meeting and those of Standing Committees and Special Committees. Once approved, all meeting minutes shall be made available to the public by posting at Borough Hall and, if possible, on the Borough and SID websites.
[Added 4-22-2025 by Ord. No. 2025-14]
The conduct of the Advisory Board and all members thereof shall be subject to and in conformance with the following:
a.
All expenditures of the Advisory Board for any and all products or services must be authorized in advance and in writing by the Borough Council.
b.
No part of the SID's financial resources shall inure to the personal benefit, either directly or indirectly, of any member of the Advisory Board, or any relative thereof, or any business or business entity owned, either in whole or in part, by any member of the Board, nor for the benefit of any other private individual.
c.
Neither the Advisory Board nor any member thereof shall, in any manner or to any extent, participate or intervene in any political campaign on behalf of any candidate for public office of the Borough, including the publication and/or distribution of any statement, advertisement and/or propaganda regarding same.
d.
All Advisory Board members are expected to attend every scheduled meeting of the Board or, if a member is unable to attend, such member shall be responsible for notifying the chairperson or secretary of their anticipated absence, such notice being provided in advance of the meeting at which they are unable to attend. Any Advisory Board Member misses two consecutive regularly scheduled meetings or more than 25% of the meetings in a year is subject to removal from the Advisory Board by the Chairman or the Borough Council.
e.
All Advisory Board members are expected to serve on any committee to which he or she is appointed and to attend said committee's regularly scheduled meetings. Nothing hereinabove shall be construed to prohibit any Board member from attending a meeting of a committee to which he or she was not appointed; provided, however, that the attendance of such member shall not be permitted if such attendance would create a quorum of the Board; and provided further that such member, if properly permitted to attend, shall not have a vote in any action taken by the committee.
f.
A Board member may participate in a meeting of the Board or any committee thereof by means of a telephone conference call; provided, however, that the Board member must first notify the chairperson and secretary of his or her intent to do so and shall make all necessary arrangements to ensure that the telephonic conference call will operate as intended and will not cause a nuisance, distraction or otherwise impede the progress of the meeting.
g.
Committees. Standing committees and special committees may be established or dissolved by the chairperson of the Advisory Board as needed, provided that any member of the Board may suggest the formation of a new committee. Committees shall consist of as many Board members as do not constitute a quorum of the full Advisory Board. Committees also may consist of owners or occupants of properties within the SID who are not members of the Advisory Board and/or such other persons who are not members of the Advisory Board but who have an interest or stake in the success of the SID, including but not limited to appropriate employees of the Borough and residents of the Borough and/or volunteers so long as such persons are not related to or have an ownership interest in any business or property the owner of which is a member of the Advisory Board. The chairperson shall, with their consent, appoint members to committees and may appoint such other persons who meet the requirements of this subsection and agree to serve as a member thereof. Actions taken by any committee shall be reported to the Advisory Board at the next meeting following the committee meeting at which such action was taken.
h.
The Borough shall, to the extent legally permissible, indemnify each person who may serve or who has served at any time as an officer of the Advisory Board against all expenses and liabilities, including without limitation, reasonable counsel fees, judgments, fines, penalties and settlement payments reasonably incurred by or imposed upon such person in connection with any threatened, pending or completed action, suit or proceeding in which he or she may become involved by reason of his or her service in such capacity; provided that no indemnification shall be provided for any such person with respect to any matter as to which he or she shall have been found in any proceeding not to have acted in good faith in the reasonable belief that such action was in the best interests of the SID. The indemnification provided hereunder shall inure to the benefit of the heirs, executors and administrators of persons entitled to indemnification hereunder.
[Added 4-22-2025 by Ord. No. 2025-14]
The Trustees of the District Management Corporation shall immediately, upon adoption of this section[1] dissolve the District Management Corporation and all assets of the District Management Corporation shall become the property of the Borough of Bound Brook for use by the SID Advisory Board.
[1]
Editor's Note: The adoption date of said ordinance is April 22, 2025.
[1967 Code § 4-19]
The Borough hereby cooperates with all other municipalities which adopt a similar reciprocal ordinance providing for inter-municipal police assistance in times of emergency.
The inter-municipal assistance will be provided if and when the Borough of Bound Brook has an emergency within its boundaries requiring additional police assistance to protect life and property, or to assist in suppressing a riot or disorder; and whenever another municipality, which has enacted a similar reciprocal ordinance, may experience a similar emergency requiring additional police assistance.
The Chief of Police of the Borough of Bound Brook, or the highest ranking officer on duty at the time, is hereby authorized to request assistance from the Chief, or the highest ranking officer on duty, of the Police Departments of the other municipalities for inter-municipal police assistance during and/or after an emergency situation.
The Chief of Police of the Borough of Bound Brook, or the highest ranking officer on duty at the time, shall provide assistance to another municipality or municipalities making a valid request to supply such personnel and equipment, to the extent possible without endangering person or property within the Borough of Bound Brook.
Members of the Bound Brook Police Department supplying emergency assistance to another municipality shall have the same powers and authority as have the members of the Police Department of the municipality in which the assistance is being rendered. Additionally, the members shall also have, while so acting, said rights and immunities as they may otherwise enjoy in the performance of their normal duties within the Borough of Bound Brook.
The Borough of Bound Brook shall, upon providing assistance to another municipality which has enacted a similar inter-municipal assistance ordinance, assume the cost and expense of providing the personnel and equipment to the requesting municipality; excepting such instances when the requesting municipality receives State or Federal Aid as reimbursement therefor. In this event, the costs incurred by the Borough shall be submitted to the municipality which requested assistance for reimbursement.
At such times that an emergency may occur and inter-municipal police aid is requested, the Chief of Police of the municipality wherein the emergency situation exists, shall be the senior ranking officer of all members of any Police Department rendering assistance within the boundaries of the municipality.
In the event any member of a police force summoned pursuant to an agreement to render assistance, suffers injury or death in the performance of his or her duties, he/she or his/her designee or legal representative shall be entitled to such salary, pension rights, workman's compensation or other benefits as would have accrued if such injury or death had occurred in the performance of his or her normal duties.
[Ord. No. 07-05; Ord. No. 2013-02]
There is hereby created the Economic Development Advisory Committee (EDAC) for the Borough of Bound Brook. The Committee shall consist of 11 members and shall have the powers enumerated herein.
[Ord. No. 07-05]
a.
The members of the Committee shall be appointed by the Mayor, with the advice and consent of the Borough Council.
b.
Each member need not be a resident of the Borough.
c.
Appointments shall be for a period of three years. The initial appointments shall be staggered so as to achieve continuity. Three of the initial appointments shall be for three-year terms, three of the initial appointments shall be for two-year terms and three of the initial appointments shall be for a one year term. Thereafter all subsequent appointments shall be for three-year terms.
d.
If a vacancy in any term shall occur other than by expiration of that term, it shall be filled by appointment as above provided for the unexpired term.
e.
At least one member shall be a member of the Borough Council.
f.
At least two of the appointed members should, but need not be, business owners in the Borough of Bound Brook.
g.
Members of the Committee shall choose from among its membership a Chairman, Vice Chairman, and Secretary and such other officers as may be deemed necessary.
[Ord. No. 07-05]
The duties of the Committee shall include, but not be limited to, advising the Council as to the following:
a.
To encourage revitalization and rehabilitation of existing underutilized or unutilized buildings, and expansion of existing and potential business, office and commercial uses to the best interests of the Borough of Bound Brook, consistent with the Borough's Master Plan, and its desire for additional taxable revenue.
b.
The Committee shall also seek, where appropriate, opportunities for rehabilitation and revitalization. The areas of concentration for the Committee shall generally include, but are not limited to:
1.
Main Street Business District (from East Main Street, west to West Main Street and Columbus Place and north to High Street Between East Street and Mountain Avenue and West Second Street to Church Street).
2.
Talmadge Avenue District (from Talmadge Avenue west from Columbus Place to west of Tea Street and north to West Second Street).
3.
West Main Street Industrial District (from West Main Street and the railroad tracks west to Vosseller Avenue).
4.
Rt. 28 Business District (from Rt. 28 at the Middlesex Borough border to Rt. 28 and Interstate 287).
c.
To inquire into, survey and publicize the extent, advantages and utilities of underutilized and unutilized existing residential and commercial facilities and offices, and where appropriate, opportunities for rehabilitation and revitalization presently zoned for commercial or office development in the Borough.
d.
To study and analyze the basic economic advantages and a cost benefit analysis (CBA) of additional economic development in the Borough of Bound Brook.
e.
To study and analyze the various business and economic development organizations of the region and the nation with a view to ascertaining opportunities for expansion of desirable tax revenues in the Borough.
f.
Subject to the availability of funds and approval of the Borough Council, to advertise and promote the advantages and opportunities of locating in the Borough of Bound Brook and the availability of real estate, and where appropriate, opportunities for rehabilitation and revitalization within the Borough for desirable tax revenues and to encourage and accomplish such uses within the Borough.
g.
To seek desirable businesses to purchase or lease vacant property, and where appropriate, opportunities for rehabilitation and revitalization zoned for commercial and office use in the Borough.
h.
To provide to the Borough Council written quarterly reports of studies and activities undertaken by the full Committee, and or members of the Committee.
i.
Subject to the availability of funds and approval of the Borough Council, to prepare and disseminate material and data advertising the advantages of the Borough of Bound Brook to new business, and commercial entities as may be anticipated to provide desirable ratables.
[Ord. No. 07-05]
The Committee shall receive from all officials, officers and official bodies of the Borough such assistance as may be required by the Committee in performing its duties, and the Committee shall have access to all municipal information and records which may assist it in the performance of its duties.
[Ord. No. 07-05]
There shall be appropriated by the Borough Council annually such sums as may be determined by the Borough Council to be necessary for the purpose of fulfilling the duties and objectives of the Committee, the use and expenditure of such funds to be approved by the Borough Council.
[Ord. No. 2009-18]
The Borough Council Chambers shall be used for the sole purpose of meetings of the Borough Council, its authorized subcommittees, the Municipal Court of Bound Brook and other official Boards and Commissions of the Borough of Bound Brook established by the Borough Council. The Borough Administrator may authorize the use of the Council Chambers for official Borough of Bound Brook business at his discretion when the Chambers are not otherwise in use.
[Ord. No. 2011-1]
As used in this section:
Whose contributions are regulated by this section shall mean: (i) an individual including the individual's spouse, and any child/children; (ii) a firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity; (iii) any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in items (i) and (ii) above and their spouses and child/children; (iv) any partner or officer of such an entity, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in item (i) above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation; wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this section; and (vi) all persons who are an "affiliate" of a business entity as defined in items (i), (ii) and (v) above, as such term is used in 11 U.S.C. § 101(2).
(i) Every candidate for Borough of Bound Brook elective municipal office; (ii) every candidate committee established by or for the benefit of a candidate for Borough of Bound Brook elective municipal office; (iii) every joint candidate committee established in whole or in part by or for the benefit of a candidate for Borough of Bound Brook elective municipal office; (iv) every political party committee of the Borough of Bound Brook; and (v) every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for the Borough of Bound Brook municipal elective offices or Borough of Bound Brook municipal political parties or political party committees. The terms in the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
All contracts for "professional services" and "extraordinary unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and in-kind contributions.
[Ord. No. 2011-1 § 1]
a.
To the extent that it is not inconsistent with State or Federal law, the Borough of Bound Brook and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "professional services"), nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii) and/or media, public relations, lobbying, parking garage management or other consulting and/or management service (hereinafter "extraordinary unspecified services") from any business entity if such business entity has solicited or made any contribution to (i) a candidate, candidate committee or joint candidates committee or any candidate for elective municipal office in the Borough of Bound Brook or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of Bound Brook political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of the Borough of Bound Brook elections and/or Borough of Bound Brook candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC") in excess of the thresholds specified in paragraph c within one calendar year immediately preceding the date of the contract or agreement.
b.
No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Bound Brook or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Bound Brook or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of Bound Brook political committee or political party committee, or (iii) and PAC between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement in excess of the thresholds specified in paragraph c within one calendar year immediately preceding the date of the contract or agreement.
c.
The monetary thresholds of this section are: (i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for Mayor or Governing Body, or $500 per calendar year to any joint candidates committee for Mayor or Governing Body; (ii) $500 maximum per calendar year to a Borough of Bound Brook political committee or political party committee; and (iii) $500 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in paragraph a., or engaged in negotiations for a contract defined in paragraph a., when such business entity's contribution is aggregated with all "persons" defined in Subsection 2-59.1d of Definitions above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to any Borough of Bound Brook candidate, candidate committee, or holder of public office having ultimate responsibility for the award of a contract, any Borough of Bound Brook political committee or political party committee as described herein, without violating paragraph a of this subsection.
d.
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be (i) the Borough of Bound Brook Mayor or Governing Body, if the contract requires approval or appropriation from the Mayor or Governing Body, or (ii) the Mayor of the Borough of Bound Brook, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor.
e.
Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this section, if the subcontractor would be disqualified by paragraph a from receiving the contract, perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this section.
[Ord. No. 2011-1 § 2]
No contribution or solicitation of contributions made prior to the effective date of this section (Ordinance No. 2011-1 was adopted March 8, 2011) shall be deemed to give rise to a violation of this section.
[Ord. No. 2011-1 § 3]
No contract subject to this section may be renewed, extended, or materially modified unless the resulting renewal, extension or modification would be allowable under the provisions of this section if it were an initial contract.
[Ord. No. 2011-1 § 4]
a.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Bound Brook or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of Subsection 2-59.2 of this section. The Borough of Bound Brook, its purchasing agents and departments shall be responsible for informing the Borough Council that the aforementioned sworn statement has been received and that the business entity is not in violation of this ordinance, prior to awarding the contract or agreement.
b.
A business entity shall have a continuing duty to report to the Borough of Bound Brook any contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The Borough of Bound Brook, its purchasing agents and departments shall be responsible for informing the Governing Body within 10 business days after receipt of said report from the business entity, or at the next Borough Council meeting following receipt of said report from the business entity, or whichever comes first.
c.
The certification required under this subsection shall be made prior to entry into the contract or agreement with the Borough of Bound Brook, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. No. 2011-1 § 5]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of Subsection 2-59.2 of this section, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
[Ord. No. 2011-1 § 6]
The contribution limitations prior to entering into a contract in Subsection 2-59.2a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4 or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contract awarded pursuant to a Fair and Open Process under N.J.S.A. 19:44A-20 et seq.
[Ord. No. 2011-1 § 7]
a.
It shall be a material breach of the terms of the Borough of Bound Brook agreement or contract for professional services or extraordinary unspecified services with a business entity that is a party to such agreement or contract has: (i) made or solicited a contribution in violation of this section; (ii) knowingly concealed or misrepresented a contribution given or received; (iii) made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) made or solicited any contribution on the condition or with the agreement that it will be re-contributed to a candidate, candidate committee or joint candidates committee or any candidate for elective municipal office in the Borough of Bound Brook or a holder of public office having ultimate responsibility for the award of a contract or any Borough of Bound Brook or Somerset County political committee or political party committee, or any PAC; (v) engaged or employed as a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the professional business entity itself, would subject that entity to the restrictions of this section; (vi) funded contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engaged in any exchange of contributions to circumvent the intent of this section; or (viii) directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this section.
b.
Furthermore, any business entity that violated Subsection 2-59.8a shall be disqualified from eligibility for future Borough of Bound Brook contracts for a period of four calendar years from the date of the violation.
c.
Any person who knowingly, purposely, or recklessly violates any provision of this section, or who conspires with another person to violate any provision of this section, or who, with the purpose of promotion or facilitating a violation of this section, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment including fines and/or imprisonment as fixed by law for violation of the ordinance of the Borough of Bound Brook.
[Ord. No. 2011-1 § 8]
In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this section, every person aggrieved by a violation of the section, or any taxpayer or resident of the Borough of Bound Brook has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this section in a court of competent jurisdiction and to seek and obtain declaratory, injunctive or other legal or equitable relief, including but not limited to attorneys fees and costs, arising from or related to a violation of this section.
[Ord. No. 2011-2 § 11]
The monetary thresholds of Definitions, Subsection 2-59.1d and Subsection 2-59.2e of this section shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Clerk of the Borough of Bound Brook shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.