[Ord. No. 5-13-75 §§ 1
— 3]
a.
Any person claiming payment from the Borough of Monmouth Beach shall
first submit a detailed statement of the items or demand necessitating
such claim to the responsible executive agency, specifying particularly
how the bill or demand is made up, and a certification of the party
claiming payment that it is correct. No bill, claim or demand shall
be considered for payment unless the voucher has attached to it (or
includes) a certification from a designated Borough employee, having
personal knowledge of the facts that the goods have been received
by, or the services rendered to the Borough of Monmouth Beach, and
that those services or goods are consistent with an existing contract
or purchase order. The Treasurer shall have the duty to audit, warrant
and make recommendations on all claims and bills.
b.
The bill or claim duly certified shall be presented to the Municipal
Clerk for inclusion in the proceedings of the next immediate formal
meeting of the Board of Commissioners and it shall be the duty of
the Clerk to examine all bills or claims submitted for payment in
order to ascertain if proper administrative procedures have been followed.
All claims or bills to be considered by the Board of Commissioners
shall be listed systematically and without preference and the list
shall be made available to every member of the Board of Commissioners
at least three full days prior to formal action by that body.
c.
Claims shall be considered by the Board of Commissioners which shall
approve the same, except that the Board of Commissioners may reject
any claim presented to it, stating the reason for such rejection.
Any disapproved claim shall be referred back to the Municipal Clerk
with such instructions as the Board of Commissioners may give at the
time of disapproval.
[Ord. No. 5-13-75 § 4]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the Board of Commissioners has by formal action approved
the same with appropriate records as to any claims disapproved or
rejected. All records pertaining to approved or disapproved bills
or claims shall be available for public inspection.
[Ord. No. 5-13-75 §§ 5,
6]
a.
The Treasurer shall make disbursements upon receipt of an order by
Board of Commissioners, attested by the Borough Clerk.
b.
After the Clerk has certified that the claims have been approved,
the Clerk shall turn the same over to the Treasurer, who shall forthwith
prepare the necessary checks for the payment thereof, which checks
shall be signed by the Mayor and thereafter signed by the Treasurer.
After preparing checks for the payment of claims, the Treasurer shall
record them in proper books of account and thereafter mail the checks
to the claimants.
[Ord. No. 5-13-75 § 8]
[Ord. No. 34-90, Preamble]
The Legislature of the State of New Jersey has adopted enabling
legislation authorizing municipalities to require the payment of certain
outstanding real estate taxes in order to obtain the issuance or renewal
of various municipal licenses or permits, or to avoid the suspension
or revocation of same; and, the Mayor and Commissioners desire to
encourage the timely payment of property taxes in order to maintain
the property tax rate to all property owners as low as possible.
The Mayor and Commissioners find that some property owners are
not paying their property taxes in a timely manner an that this imposes
an additional burden upon those who do pay their taxes in accordance
with law. It is deemed desirable to require the payment of property
taxes as a condition for receiving various licenses and permits for
business or other activities pursuant to N.J.S.A. 40:52-1.2.
[Ord. No. 34-90 § 1]
Any applicant for the issuance or renewal of any license or
permit issued by the Borough, or requiring the approval of the Borough,
shall be required, if he, she or it is the owner thereof, to pay any
delinquent property taxes or assessments on the property wherein the
business or activity for which the license or permit is sought or
wherein the business or activity is to be conducted.
[Ord. No. 34-90 § 2]
The Borough shall, upon notice in writing to the licensee who
is an owner of the property upon which the licensed business or activity
is conducted, revoke or suspend a license or permit when the licensee
has failed to pay the taxes due on the property for at least three
consecutive quarters. Notice shall be mailed to the licensee at his/her
or its last known address as shown on the application for the license
or permit sought to be revoked or suspended. Notice shall be considered
effective upon mailing by certified mail, return receipt requested.
Upon payment of the delinquent taxes or assessments, the license or
permit shall be restored.
[Ord. No. 34-90 § 3]
Prior to the issuance of licenses and permits by the various
Departments or agencies of the Borough, the owner-applicant shall
ascertain from the Office of the Tax Collector that taxes and assessments
have been paid to a current basis for the property on which the activity
or business in question is to take place. In the event that property
taxes or assessments are unpaid to a current basis, no permits or
licenses shall be issued until all such payments have been made by
the property owner.
[Ord. No. 34-90 § 4]
a.
The provisions of this section shall not apply to or include any
alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act," N.J.S.A. 33:1-1 et seq.
b.
The provisions of this section shall apply to all other permits and
licenses issued by, or requiring approval of, the Borough, including
but not limited to:
1.
Permits required pursuant to the Uniform Construction Code;
2.
Certificates of Occupancy;
3.
Soil Removal or Excavation Permits;
4.
Food Establishment Licenses;
5.
Water and Sewer Connection Permits;
6.
Demolition Permits;
7.
Business Sale Licenses;
8.
Auction Sale Licenses;
9.
Taxi Owner Licenses;
10.
Limousine and Livery Licenses;
11.
Game of Chance Licenses.
[Ord. No. 7-91, Preamble]
Whereas, N.J.S.A. 17:36-8 et seq. permits a municipality to
adopt an ordinance providing that no insurance company authorized
to issue fire insurance policies in New Jersey shall pay any claims
in excess of $2,500 unless and until the insured person submits an
Official Certificate of Search for Municipal Liens pursuant to N.J.S.A.
54:5-12 certifying that all taxes, assessments or other municipal
liens or charges levied and assessed and due and payable against the
property have been paid or the municipality submits a certified copy
of a resolution indicating that it has entered into an agreement with
the owner of any fire damaged property allowing any lien to be paid
in installments if the Governing Body is satisfied that the claim
for fire damage is to be used to restore or improve the fire damaged
property; and the Board of Commissioners deems it in the best interest
of the citizens of the Borough to implement such an ordinance.
[Ord. No. 7-91 § 2]
This section shall be known by its short form title as the Borough
of Monmouth Beach Fire Insurance Ordinance.
[Ord. No. 7-91 § 3]
The purpose of this section is to insure the payment of taxes,
assessments or other municipal liens due and payable on real property
in the Borough when the property is covered by fire insurance in excess
of $2,500 and is damaged or destroyed by fire.
[Ord. No. 7-91 § 4]
a.
No insurer issuing fire insurance policies in the State of New Jersey
shall pay any claims for fire damage in the Borough unless or until
the insured person submits an official certificate of search for municipal
liens pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments
or other municipal liens or charges levied and assessed and due and
payable against the property have been paid or the Borough submits
a certified copy of a resolution agreeing to installment payments
as set forth hereinafter.
b.
The official certificate of search may from time to time be altered
by the bonded official responsible for preparing such certificates,
in order to correct any errors or omissions or to add any Borough
liens or related charges due and payable subsequent to the preparation
of the official certificate.
[Ord. No. 7-91 § 5]
In the event that there are taxes or assessments or other municipal
liens or charges due and payable appearing on the official certificate
of search referred to above, no payment shall be made to a claimant
by any insurance company of any claim in excess of $2,500 for fire
damages on any real property located within the Borough pursuant to
any fire insurance policy issued or renewed after the adoption of
this section and after the filing of same with the State Commissioner
of Insurance until such time as all of the aforesaid taxes and assessments
and municipal liens or charges due and payable appearing on the official
certificate of search shall have been paid either by the owner of
such real property or by the insurance company or the Borough submits
to the insurance company a copy of a resolution authorizing payment
in installments as set forth hereinafter.
[Ord. No. 7-91 § 6]
Unless a resolution is received by an insurance company writing fire insurance policies in the Borough authorizing payment in installments, such insurance company is hereby authorized and required prior to the payment of any claims for fire damage in excess of $2,500 to pay to the Borough of Monmouth Beach the amount of the liens appearing on the official certificate, or in any alteration thereof pursuant to Subsection 2-67.4 paragraph b, and such other recorded liens or related charges as may be certified to the insurance company in accordance with N.J.S.A. 17:36-10; provided, however, that if an appeal is taken on the amount of the 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, at which time such moneys and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in the State, shall be disbursed in accordance with the final order or judgment of the Court.
[Ord. No. 7-91 § 7]
The Borough Commissioners may enter into an agreement with the
owner of any fire damaged property within the Borough to pay in full
all delinquent taxes, assessments or other municipal liens by installments
pursuant to N.J.S.A. 54:5-19 provided that the Borough Commissioners
are satisfied that the claim for fire damages is to be used to restore
or improve the fire damaged property. The agreement shall be authorized
by resolution and any insurance company receiving a certified copy
of such a Resolution of Agreement from the Borough Commissioners is
authorized to make full payment to the insured person.
[Ord. No. 7-91 § 8]
Except as provided in the case of appeals under Subsection 2-67.6, nothing in this section shall be construed to obligate the insurance company for any liens not appearing on the official certificate or in any certified changes therein submitted to the insurance company by the bonded official.
[Ord. No. 7-91 § 9]
The Borough's claim made in accordance with the provisions of
this section shall be paramount to any other claims on the proceeds
of the fire insurance policy, except the claim of a holder of a mortgage
on the fire damaged property, where the fire insurance policy at the
time of the loss listed the mortgagee as a named insured, in which
event the claim of the mortgagee to the proceeds shall be paramount
to the municipal lien only to the extent of the amount due and payable
to the mortgagee under the mortgage contract.
[Ord. No. 7-91 § 10]
A certified copy of this section shall be forwarded by the Borough
Clerk to the State Commissioner of Insurance who shall notify each
carrier of insurance within the State of New Jersey of the adoption
of this section.
[Ord. No. 7-91 § 14]
[Ord. No. O-15-05, Preamble]
The volunteer Fire Companies within the Borough accept for membership
those persons meeting certain criteria; the Borough Police Department
accepts certain persons meeting certain criteria; the Borough First
Aid Department accepts for membership those persons meeting certain
criteria; and the Borough employs people in various positions and
accepts volunteer services from other members of the community. The
Borough permits various private organizations the opportunity to use
Borough owned facilities for youth programs; and, pursuant to various
New Jersey Statutes, persons convicted of certain offenses are not
eligible for or should not be employed or allowed to volunteer their
services where the public will be in direct contact with such persons.
It is desirable that the Borough have access to the State criminal
history records from the Division of State Police/State Bureau of
Identification in order to determine if any of the foregoing persons
do not qualify for the duties required in that position.
[Ord. No. O-15-05 § 2]
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq.
for the health, welfare, and safety of its citizens and to implement
N.J.S.A. 15:8-1.1.
[Ord. No. O-15-05 § 3]
No person shall be permitted to be a member of any volunteer
organization associated with the Borough and no person shall be employed
by the Borough and no private organization using Borough Facilities
which provides youth programs without completion and compliance with
this section.
[Ord. No. O-15-05 § 4]
Any person connected with the Borough of Monmouth Beach or using
Borough Facilities to provide youth programs in any of the aforementioned
categories shall complete, in duplicate, a form, when required, which
shall be prescribed by the particular unit, but which shall contain
the following information:
a.
Name.
b.
Home address.
c.
Date of birth.
d.
Social security number.
e.
Driver's license number.
g.
Any conviction of violation of N.J.S.A. 2C:33-3.
h.
Any conviction of a crime or disorderly persons violation.
i.
Such other information as the department or unit deems relevant to
the application provided none of such information is prohibited by
law.
|
The application provided by the Department or unit herein must
include a separate provision to be signed by the applicant which states
that the applicant acknowledges and approves of an investigation into
any criminal record the applicant may have as a prerequisite to being
approved for the particular Department or unit.
|
[Ord. No. O-15-05 §§ 5
— 7]
a.
Following the filing of such application, the Department or unit
shall transmit one copy of the application to the Chief of Police
of the Borough who shall conduct an investigation to ascertain the
truth of the statements made by the applicant upon his/her application
and such other investigation of the applicant's background as he deems
necessary for the protection of the public good. If as the result
of such investigation the applicant is found to have been convicted
of violation of N.J.S.A. 2C:17-1, a, b, c, and/or d or N.J.S.A. 2C:33-3
or any other crime or offense involving moral turpitude or any other
information that would indicate the applicant may be a threat to the
health, safety or welfare of the community, the Chief of Police shall
report such information and the particulars thereof to the person
in charge of the department or unit and shall also submit a copy to
the Mayor and Commissioners.
b.
Fingerprinting. In connection with this investigation, the applicant
shall submit to fingerprinting. The Chief of Police is authorized
to submit the applicant's fingerprint card and receive State criminal
history record information from the Division of State Police/State
Bureau of Identification for use in considering the suitability of
all applicants covered under this section.
c.
Time permitted for investigation. The investigation by the Chief
of Police shall be completed within 30 days of receipt of the application
and the fingerprinting of applicant.
[Ord. No. O-15-05 § 8]
No person shall be permitted to be a member of any volunteer
organization associated with the Borough and no person shall be employed
by the Borough if the investigation required by this section reveals
that the person is found to have been convicted of a violation of
N.J.S.A. 2C:17-1 (a) through (d), N.J.S.A. 2C:33-8 or any crime or
offense involving moral turpitude or any other information that would
indicate that the applicant may be a threat to the health, safety
or welfare of the community.
[Ord. No. O-74-06, Preamble.]
The Mayor and Commissioners deem it appropriate and necessary
to enact a "Length of Service Award Program" (LOSAP) for retention
and recruitment of Volunteer First Aid personnel; and they have determined
that the creation of this program for the First Aid Volunteers will
enhance the ability of the First Aid Volunteers to provide efficient
service; and the enactment of such a program is in the best interests
of the public.
[Ord. No. O-74-06 §§ 1
— 5]
a.
A LOSAP Program is hereby established in accordance with N.J.S.A.
40A:14-185, et seq.
b.
The LOSAP Program shall provide for a fixed annual contribution to
a tax-deferred income account for each eligible Volunteer First Aid
Member that satisfies the criteria set forth below.
c.
The LOSAP Program shall provide for an annual contribution for each
eligible First Aid Volunteer Member that accumulates 50 points during
a calendar year pursuant to the point system attached hereto and made
a part thereof.
d.
The annual contribution for each year of future service for each
eligible volunteer member shall be $1,150. The estimated annual cost
of this provision of the LOSAP Program shall be based on five eligible
members for a total cost of $5,750.
e.
The annual contribution for each successive year made on behalf of
eligible members shall be increased by adding a "Cost of Living Adjustment"
(COLA) as published by the New Jersey Department of Community Affairs.
a.
LOSAP participation requirements. Members that achieve a total of
50 points will qualify to participate in the MBFA LOSAP program.
b.
LOSAP point accumulation. Points will be accumulated based on the
following schedule.
|
Schedule of LOSAP Points
| |
|---|---|
|
Training Courses and Drills - Max Points: 25
| |
|
One point will be earned for each Continuing Education Unit
(CEU) hour of training or each hour when CEUs are not pre-approved
by DOHSS or similar certifying agency.
| |
|
Elected or Appointed Positions - Max Points: 12
| |
|
Elected or appointed positions will earn one point per month
held. Elected or appointed position means line officers, administrative
officers, chaplain, instructors, engineers, and others as may be designated
pursuant to the By-laws.
| |
|
Attendance at Meetings - Max Points: 20
| |
|
Attendance at meetings will earn one point per meeting. Acceptable
meetings are regular and special membership meetings, executive, committee
meetings, State, District, County, NJSFAC, agency liaison, mutual
aid associations, and OEM meetings.
| |
|
Participation in First Aid Responses - Max Points: 40
| |
|
Members that participate in EMS Responses will earn one point
for each EMS Response that they participate in.
| |
|
Miscellaneous and Special Activities - Max Points: 15
| |
|
The Line Officers or the Executive Officers may approve one
point per hour of service for miscellaneous or special activities
that they deem necessary to the mission and function of the organization.
These activities may include, but are not limited to, maintenance,
record keeping, official errands, and fund raising activities.
| |
|
Credit for Service - Max Points: 15
| |
|
A member in good standing of the organization shall receive
credit for each year the member was in good standing, at the rate
of three points per five years for a maximum of 15 points.
| |
|
In addition a member in good standing that has held the position
of Captain during a past term shall receive credit for an additional
five points.
|
[Ord. No. O-68-06, Preamble]
Certain business entities are exempt from public bidding requirements;
and it has become common for business entities to make substantial
political contributions to the election campaigns of the local government
elected officers who are ultimately responsible for awarding contracts
to these business entities. Substantial local political contributions
from business entities receiving discretionary contracts from the
elected officials who receive such contributions raise reasonable
concerns on the part of taxpayers as to their trust in the process
of local government, if not the quality or cost of services received.
Pursuant to N.J.S.A. 40A:11-51, municipalities have the right to establish
limitations on political contributions when such business entities
seek non-bid public contracts. The Borough seeks to eliminate a business
entity's ability to make political contributions and receive a professional
contract with the Borough local official, candidates for local office,
or to any political action committee that is organized for the purpose
of promoting or supporting local Borough candidates or Borough officeholders
and political contributions by immediate family members of the business
entity.
The policy of the Borough of Monmouth Beach will prohibit political
contributions as hereinafter defined to local candidates, local officials
or political action committees organized for the purpose of promoting
or supporting local Borough candidates or local Borough officeholders
by business entities seeking the award of non-bid contracts from the
Borough of Monmouth Beach.
[Ord. No. O-68-06 § 1]
a.
Any other provisions of law to the contrary notwithstanding, the
Borough of Monmouth Beach, its agents or assigns, or any of its purchasing
agents or agencies or those of its independent authorities, as the
case may be, shall not enter into an agreement or otherwise contract
to procure services from any business entity if that entity has solicited
or made any contribution of money, or pledge of a contribution, including
in-kind contributions, to (i) a campaign committee of any Borough
of Monmouth Beach candidate or holder of the public office within
the Borough having ultimate responsibility for the award of the contract,
or to (ii) any Monmouth Beach Party Committee, or to (iii) any political
action committee that is organized for the purpose of promoting or
supporting Borough candidates or Borough officeholders ("hereinafter
referred to as "PAC"), in excess of the thresholds specified in paragraph
d within one calendar year immediately preceding the date of the contract
or agreement.
b.
No professional business entity which enters into negotiations for,
or agrees to, any contract or agreement with the Borough of Monmouth
Beach or any department or agency thereof or of its independent authorities
for the rendition of professional services shall knowingly solicit
or make any contribution of money, or pledge of a contribution, including
in-kind contributions, to any (i) Borough of Monmouth Beach candidate
or holder of the public office having ultimate responsibility for
the award of the contract, or to (ii) any Borough of Monmouth Beach
Party Committee, or to (iii) any PAC between the time of first communications
between that business entity and the Borough regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion of the contract or agreement.
c.
For purposes of this section, a "business entity" seeking a public
contract means an individual including the individual's spouse, if
any, and any child living at home; person; firm; limited liability
company; corporation; professional corporation; partnership; organization;
or association. The definition of a business entity includes all principals
who own 10% or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the entity as
well as any subsidiaries directly controlled by the business entity.
[Ord. No. O-68-06 § 2]
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
Borough of Monmouth Beach candidate for Commissioner, or Borough of
Monmouth Beach Party Committee or PAC shall be deemed a violation
of this section, nor shall an agreement for property, goods, or services,
of any kind whatsoever, be disqualified thereby if that contribution
was made by the business entity prior to the effective date of this
section.
[Ord. No. O-68-06 § 3]
a.
Prior to awarding any contract or agreement to procure services with any professional business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Section 2-70.2. This form shall be in the form as provided under N.J.S.A. 19:44A-20.26.
b.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. No. O-68-06 § 4]
A professional business entity, or Borough candidate or officeholder or Borough of Monmouth Beach Party Committee or PAC may cure a violation of Subsection 2-70.2, if, within 30 days after the general election, the professional business entity notifies the Mayor and Commissioners in writing and seeks and receives reimbursement of a contribution from the Borough candidate or officeholder, Borough or Monmouth Beach Political Party, or PAC.
[Ord. No. O-68-06 § 5]
a.
All Borough of Monmouth Beach agreements subject to the provisions of this section shall provide that it shall be a breach of the terms of the government contract for a business entity as defined in Subsection 2-70.2c to violate Subsection 2-70.2b or to knowingly conceal or misrepresent contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b.
Any professional business entity as defined in Subsection 2-70.2c who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Borough of Monmouth Beach contracts for a period of four calendar years from the date of the violation.
[Ord. No. O-68-06 § 6]
If any provision of this law, or the application of any such
provision to any person or circumstances, shall be held invalid, the
remainder of this law to the extent it can be given effect, or the
application of such provision to persons or circumstances other than
those to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this law are severable.
[Ord. No. O-68-06 § 7]
This section shall take effect upon passage and publication
in accordance with applicable law and filing with the Secretary of
State.
[Ord. No. O-09-07, Preamble]
a.
In Homeland Security Presidential Directive No. 5 (HSPD-5), the President
of the United States directed the Secretary of the Department of Homeland
Security to develop and administer a National Incident Management
System (NIMS), which would provide a consistent nationwide approach
for Federal, State and local governments to work together more effectively
and efficiently to prevent, prepare for, respond to, and recover from
domestic incidents, regardless of cause, size or complexity.
b.
The 9-11 Commission recommended adoption of a standardized incident
Command System.
c.
It is necessary that all Federal, State and local emergency management
agencies and other public safety agencies coordinate their efforts
to effectively and efficiently provide the highest levels of incident
management.
d.
To facilitate the most efficient and effective incident management
it is critical that Federal, State and local organizations utilize
standard terminology, standardized organizational structures, uniform
personnel qualification standards, uniform standards for planning,
training, and exercising, comprehensive resource management, and designated
incident facilities during emergencies and disasters.
e.
The NIMS standardized procedures for managing personnel, communications
facilities and resources will improve the State's ability to utilize
Federal funding to enhance local and State agency readiness, maintain
first responder safety, and streamline incident management processes.
f.
The Incident Command System (ICS) components of NIMS are already
an integral part of various incident management activities currently
being undertaken throughout the State, including current emergency
management training programs.
g.
Federal and State grant programs mandate that NIMS be adopted as
a prerequisite for obtaining these grants.
[Ord. No. O-09-07]
The Commissioners of the Borough of Monmouth Beach hereby mandate
that the National Incident Management System (NIMS) shall be utilized
for all incident management in the Borough; and all personnel with
a direct role in emergency management and response shall be NIMS and
ICS trained. This includes all emergency services related disciplines
such as EMS, hospitals, public health, fire service, law enforcement,
public works/utilities, skilled support personnel and other emergency
management response, support and volunteer personnel.
