[Ord. #951]
The Borough of Keansburg has participated in or reviewed the study to explore the feasibility of forming a Joint Insurance Fund as permitted by Chapter 372, Laws of 1983 (N.J.S.A. 40A:10-36 et seq.); and based upon the findings contained in the aforementioned feasibility study, several municipalities have resolved to form a Joint Insurance Fund as defined by N.J.S.A. 40A:10-36 et seq., and the regulations enacted pursuant thereto in N.J.A.C. 11:15-2.1 et seq.; and the statutory framework approving the establishment of such a Fund provides for prior approval by the Department of Insurance and Department of Community Affairs for the State of New Jersey; and the statutes regulating the creation and establishment of a Joint Insurance Fund contain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a Fund; and the Mayor and Council of the Borough of Keansburg has determined that membership in the Joint Insurance Fund to be known as the "Monmouth Municipal Joint Insurance Fund", is in the best interest of the Municipality.
Now, therefore, be it ordained by the Mayor and Council of the Borough of Keansburg, in the County of Monmouth and State of New Jersey, as follows:
[Ord. #951, § 1]
The Borough of Keansburg hereby agrees to become an initial member in the Monmouth Municipal Joint Insurance Fund for an initial period of 20 months commencing May 1, 1985 or as soon thereafter as feasible for the purpose of establishing the following types of coverage:
a. 
Worker's Compensation and Employer's Liability.
b. 
General Liability Coverage.
c. 
Motor Vehicle Equipment Liability Coverage.
d. 
Property Damage Coverage (Buildings, Contents and Auto Physical).
After the expiration of the initial period, participation may be cancelled or extended in accordance with the by-laws.
[Ord. #951, § 2]
For the purposes of contribution of sums into the Fund to be designated for administrative costs and claims, the Borough of Keansburg hereby agrees to obtain those types of coverage from the Fund as are specifically designated and agreed to by it in a Resolution and Indemnity and Trust Agreement.
[Ord. #951, § 3]
The proposed By-Laws of the Monmouth Municipal Joint Insurance Fund dated March 26, 1985 are hereby adopted and approved as same are finally approved by the Department of Insurance and the Department of Community Affairs.
[Ord. #951, § 4]
The Borough Manager is hereby authorized and directed to execute a written agreement signifying application for membership in the Fund and to execute such other agreements, including but not limited to the Indemnity and Trust Agreement in order to implement membership by this Municipality in the Fund according to its terms.
[Ord. #951, § 5]
The Municipality may, at its option, rescind this section if the following have not occurred within the time periods allotted:
a. 
Tentative approval of the establishment of the Fund by the Department of Insurance and the Department of Community Affairs no later than May 1, 1985 or as soon thereafter as feasible.
b. 
Approval of the establishment of the Fund by the Department of Insurance and the Department of Community Affairs no later than May 1, 1985 or as soon thereafter as feasible.
[Ord. #917, § 1]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall make payment to a claimant of any claim in excess of $2,500 for fire damages on any real property located within the Borough of Keansburg pursuant to any fire insurance policy issued or renewed after the adoption of this section and after the filing of such section with the Commissioner of Insurance of the State of New Jersey until such time as all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been made either by the owner of such real property or by the insurance company pursuant to the provisions of subsection 2-29.3 or the Borough submits to the insurance company a copy of a resolution adopted pursuant to subsection 2-29.4.
[Ord. #917, § 2]
The official certificate of search shall be provided by the Borough Clerk upon proper application of the claimant or the insurance company, as the case may be. Such certificate may, from time to time, be altered by the Borough Clerk or by any other bonded official responsible for preparing such certificate in order to correct any errors or omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the official certificate.
[Ord. #917, § 3]
In the absence of the receipt of a resolution pursuant to subsection 2-29.4, an insurance company writing fire insurance policies in the Borough of Keansburg is hereby authorized and required, prior to the payment of any claims for fire damages in excess of $2,500 on any real property located within the Borough, to pay to the Borough the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company. However, in the event that 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, 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 of New Jersey shall be disbursed in accordance with the final order or judgment of the Court.
[Ord. #917, § 4]
The Borough Council may enter into agreement with the owner of any fire-damaged property 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 the tax sale lien by installment payments pursuant to Article VII of Chapter 5 of Title 54 of the New Jersey Statutes if the Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of a resolution of agreement from the Council is authorized to make full payment on the claim to the insured person.
[Ord. #917, § 5]
A municipal claim made in accordance with the provisions of N.J.S.A. 17:36-8 et seq. and this section, shall be paramount to any other claim 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 under the aforesaid statutes and this section only to the extent of the amount due and payable to the mortgagee under the mortgage contract.
[Ord. #917, § 6]
This section shall not affect the authority of the Borough of Keansburg to enforce a municipal lien under any other law of the State of New Jersey.
[Ord. #917, § 7]
The Borough Clerk shall file a certified copy of this section with the Commissioner of Insurance of the State of New Jersey upon its adoption.
[Ord. #905, § 1]
The following fees and regulations are hereby established for services extended and materials distributed by the Keansburg Division of Police.
a. 
The viewing of video drinking-driving tapes shall be by appointment only.
b. 
Duplication of any video tape or tapes shall be $100 per incident.
c. 
The viewing or reviewing of police reports, photographs or video tapes shall be permitted at the Keansburg Police Headquarters daily, Monday through Friday from 9:00 a.m. to 4:00 p.m.
d. 
The viewing of video tapes shall be permitted provided at least 24 hours or more notice is given to the Chief of Police or his designee. The Chief of Police shall establish the time and date for the appointment of viewing the tapes, provided however, the tapes shall be available within seven days of the request for viewing.
e. 
No video tape shall be duplicated until the person requesting the duplication of the video tape has paid the required fee.
f. 
All fees per this section shall be made payable to the Borough and shall be received by the Division of Police. The Division of Police shall issue a receipt for all fees and monies received for the services extended or the materials furnished. The Division of Police shall transmit all fees and monies received to the Borough Treasurer.
[Ord. #1025; Ord. #1142; Ord. #1166, § 1]
A returned check fee of $20 is established for all offices, committees, commissions and agencies of the Borough.
[Ord. #1042]
A fee of $5 is established for duplicate copies of tax bills.
[Ord. #1154, § 1]
The fee for a 200-foot search shall be $10.
[Ord. #1154, § 1]
The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S. 39:5-39.
Certificate of Judgment
$4
Certified copy of paper filed with the court as a public record:
First page
$4
Each additional page or part thereof
$1
Copy of paper filed with the court as a public record:
First page
$2
Each additional page or part thereof
$1
[Ord. #1154, § 1; Ord. #1227, § 1; Ord. #1277, § 1]
a.
In Person
Motor vehicle accident reports
$2
Extra copies
$0.75 per page
Incidents
$0.75 per page
b.
By Mail
Motor vehicle accident reports
$5
Discovery - first 3 pages
$5
each additional page
$1
c.
1.
Permit to purchase firearm
$2
2.
Firearms identification card
$5
d.
1.
Fingerprinting for business, hack and any other local license
$5
2.
General fingerprinting
$2
e.
ABC identification card
$5
f.
Storage fees at Borough facilities of vehicles
$15/daily
g.
Towing of vehicle by Borough personnel
$50
[Ord. #1162]
The fee for the Development Regulations of the Borough of Keansburg: $60.
[Ord. #1162]
The fees for copies of various documents are:
1 to 10 — $0.75 per copy
11 to 20 — $0.50 per copy
Over 20 — $0.25 per copy
[Ord. #1260; Ord. #1489]
A fee of $100 shall be charged for an audio reproduction. This fee shall be for one incident. Each incident or incident sheet shall be considered a separate incident for purposes of this subsection.
[Ord. #1333, § 1]
A fee of $100 shall be established for the reproduction of video tapes utilized for the recording of proceedings of any Borough Council, Board, Committee, Commission or Agency meeting of the Borough of Keansburg. This fee shall apply to video tape that is reproduced.
[Ord. #1319, § 1; Ord. #1333, § 1; Ord. #1474; amended 10-17-2018 by Ord. No. 1625]
a.
Final Reading of Water Meter
$35
b.
Termination or Resumption of Service at Customer's Request:
During normal business hours of 9:00 a.m. to 4:00 p.m. (Monday - Friday)
$30
After business hours
$45
c.
Resumption of Service after Shut-Off for Nonpayment
During normal business hours of 9:00 a.m. to 4:00 p.m. (Monday - Friday)
$35
After business hours
$40
d.
Connection Fees:
Sanitary Sewer System
$2,462
Water Distribution System
$1,123
e.
Water and Sewer Customer Rates
Usage and Debt Service Rates for Sewer
(Residential)
Flow Range Gallons/Quarter/Unit
Rate/1,000 Gallons
Basic Service Charge/Unit/Quarter
Debt Service/Unit
0 to 15,000
$0.56
$104.04
$58.65
15,001 to 25,000
$0.66
$104.04
$58.65
25,001 to 35,000
$0.77
$104.04
$58.65
35,001 to 45,000
$0.92
$104.04
$58.65
45,001 to 55,000
$1.07
$104.04
$58.65
55,001 to 65,000
$1.22
$104.04
$58.65
65,001 to 75,000
$1.38
$104.04
$58.65
75,001 to Over
$1.53
$104.04
$58.65
All residential sewerage service customers shall pay a per-unit service charge in addition to the Usage Rate as indicated in the above schedule.
The volume of sewerage use is assumed to be equal to water meter registration.
Each component of the "Usage and Debt Service Rates for Sewer" shall automatically increase by 2% every year, commencing January 1, 2019, and shall be rounded to the nearest $0.01. The rates in the tables listed above demonstrate the January 1, 2019, rates.
Should the Borough Council decide to modify the annual 2% rate, it may pass a resolution to modify the rate(s) or any component(s) thereof for a period of one year.
Should no further resolution or ordinance be passed extending the rate increase or rate reduction, the rates shall automatically revert to the anticipated 2% annual rate increase so as to cover the operation costs, reasonably anticipated contingencies and permitted transfers.
Usage and Debt Service Rates for Sewer
(Commercial)
Flow Range Gallons/Quarter/Unit
Rate per 1,000 Gallons
Basic Service Charge/Unit/Quarter
Debt Service/Unit
0 and over
1 1/2 times the Water Usage Charge
$104.04
$58.65
All commercial sewerage service customers shall pay a per-unit service charge in addition to the Usage Rate as indicated in the above schedule.
The volume of sewerage use is assumed to be equal to water meter registration.
Each component of the "Usage and Debt Service Rates for Sewer" shall automatically increase by 2% every year, commencing January 1, 2019, and shall be rounded to the nearest $0.01. The rates in the tables listed above demonstrate the January 1, 2019, rates.
Should the Borough Council decide to modify the annual 2% rate, it may pass a resolution to modify the rate(s) or any component(s) thereof for a period of one year.
Should no further resolution or ordinance be passed extending the rate increase or rate reduction, the rates shall automatically revert to the anticipated 2% annual rate increase so as to cover the operation costs, reasonably anticipated contingencies and permitted transfers.
Usage and Debt Service Rates for Water
(Residential and Commercial)
Flow Range Gallons/Quarter/Unit
New Rate/1,000 gallons
Debt Service/Unit
0 to 15,000
$2.65
$40.49
15,001 to 25,000
$2.86
$40.49
25,001 to 35,000
$3.06
$40.49
35,001 to 45,000
$3.26
$40.49
45,001 to 55,000
$3.57
$40.49
55,001 to 65,000
$3.77
$40.49
65,001 to 75,000
$3.98
$40.49
75,001 to 85,000
$4.18
$40.49
85,001 to 95,000
$4.49
$40.49
95,001 and Over
$4.69
$40.49
Each component of the "Usage and Debt Service Rates for Water" shall automatically increase by 2% every year, commencing January 1, 2019, and shall be rounded to the nearest $0.01. The rates in the tables listed above demonstrate the January 1, 2019, rates.
Should the Borough Council decide to modify the annual 2% rate, it may pass a resolution to modify the rate(s) or any component(s) thereof for a period of one year.
Should no further resolution or ordinance be passed extending the rate increase or rate reduction, the rates shall automatically revert to the anticipated 2% annual rate increase so as to cover the operation costs, reasonably anticipated contingencies and permitted transfers.
Connection Fee for Water Service
(Residential and Commercial)
Charge per unit: $1,021
Connection Fee for Sewer Service
(Residential and Commercial)
Charge per unit: $2,239
[Ord. #760]
It is in the best interest of the Borough of Keansburg, in the County of Monmouth, that its officers and employees be residents of the Borough; and it is acknowledged that such a residency requirement as a condition of employment is proper and is advantageous to the Borough and such a residency requirement will enhance the quality of employees' performance by greater personal knowledge of the conditions and problems within the Borough and create a feeling of greater personal pride in the Borough's programs and will further reduce tardiness and absenteeism and create a ready availability of trained manpower in the event of emergencies.
[Ord. #760, § 1]
All Borough employees, other than those exempted by statute, who are appointed or employed subsequent to the effective date of this section, must be, as of the date of such appointment or employment, bona fide residents of the Borough of Keansburg, in the County of Monmouth. A bona fide resident for the purpose of this section, is a person having a permanent domicile within the Borough of Keansburg for a period in excess of 90 days, and one which has not been adopted with the intention of again taking up or acquiring a previous residence outside of the Borough of Keansburg.
[Ord. #760, § 2]
This section shall not be applicable to any present Borough employee who is, as of the effective date of this section a non-bona fide resident of the Borough.
[Ord. #760, § 3]
The Borough Council or its duly appointed agent is hereby authorized to investigate into the residency of any Borough official and employee to produce proof of bona fide residence. The Borough employee shall be given a ten-day notice setting forth the charge that he is not a bona fide resident of the Borough. The notice shall also set forth the time and place of hearing to be held by the Borough Council and the Borough official or employee shall be entitled to a full hearing.
[Ord. #760, § 4]
Failure of any Borough official or employee of the Borough, other than those who have a statutory exemption, to appear at the time and place of the hearing set forth in the notice, or to comply with the residence requirements shall be sufficient cause for his removal or discharge from his service of the Borough.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 1016.
[Ord. #1094, § 1]
There is hereby established a Code of Ethics to regulate the conduct and activities of the officials and employees of the Borough of Keansburg.
[Ord. #1094, § 1]
a. 
It is the purpose of this Chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the Borough of Keansburg shall be clear, consistent, uniform in their application, enforceable, and to provide those officers or employees with advice and information concerning possible conflicts of interest which might arise in the conduct of their public duties.
b. 
It is the further purpose of this Chapter to implement the provisions of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq.
c. 
This Chapter is enacted under the authority of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq. and under the further authority granted to the Borough of Keansburg under the provisions of Title 40 and Title 40A of the New Jersey Statutes.
[Ord. #1094, § 1]
a. 
Except as otherwise herein further defined, the definitions established in the Local Government Ethics Law shall control.
b. 
For the purposes of this section, "officer" shall mean any person whether compensated or not, whether part-time or full-time who is one of the following:
1. 
Member of the Borough Council.
2. 
Borough Manager/Deputy Borough Manager.
3. 
Public Works Director.
4. 
Director of Finance.
5. 
Superintendent of Public Works.
6. 
Director of Department of Recreation.
7. 
Chief Financial Officer/Assistant Chief Financial Officer.
8. 
Treasurer/Assistant Treasurer.
9. 
Chief of Police.
10. 
Borough Assessor.
11. 
Borough Clerk/Deputy Clerk.
12. 
Borough Attorney.
13. 
Borough Engineer.
14. 
Borough Planning Consultant.
15. 
Borough Auditor.
16. 
Borough Municipal Judge.
17. 
Borough Prosecutor.
18. 
Municipal Court Administrator.
19. 
Borough Public Defender.
20. 
Planning Board Member.
21. 
Planning Board Attorney.
22. 
Planning Board Engineer.
23. 
Planning Board Member.
[Amended 5-18-1999 by Ord. No. 1258 ]
24. 
Planning Board Attorney.
[Amended 5-18-1999 by Ord. No. 1258 ]
25. 
Planning Board Engineer.
[Amended 5-18-1999 by Ord. No. 1258 ]
26. 
Local Assistance Board Member.
27. 
Director of Public Assistance/Welfare Director.
28. 
Fire Chief.
29. 
Board of Fire Commissioners Member.
30. 
Board of Fire Commissioners Attorney.
31. 
Tax Collector/Assistant Tax Collector.
32. 
Zoning Officer.
33. 
Construction Code Official/Subcode Officials.
34. 
Building Inspector.
35. 
Zoning Officer.
36. 
(Reserved)
37. 
Municipal Utilities Authority Member.
38. 
Municipal Utilities Authority Executive Director.
39. 
Housing Authority Member.
40. 
Housing Authority Attorney.
41. 
Board of Health Member.
42. 
Health Officer/Sanitary Inspector.
43. 
Board of Recreation Commission Members.
44. 
Environmental Commission Members.
45. 
Self Insurance Fund Members.
46. 
Any other person who is a managerial executive or confidential employee of a local government agency, as defined in Section 3 of the "New Jersey Employer/Employee Relations Act," P.L. 1941, c. 100 (N.J.S.A. 34:13A-3), but shall not mean any employee of the school district or member of the School Board.
c. 
For the purpose of this section "officer or employee" shall mean an officer or employee of the Borough of Keansburg or of any agency under the authority of or appointed by the Borough of Keansburg.
[Ord. #1094, § 1]
In addition to the provisions of N.J.S.A. 40A:9-22.5, officers and employees of the Borough of Keansburg shall comply with the following additional ethical standard provisions:
a. 
No officer or employee shall, without proper legal authorization therefor, disclose any confidential information concerning the property, government, personnel or affairs of the Borough; nor shall be or she use such confidential information to advance the financial or other private interests of himself/herself or others. The Borough Council of the Borough of Keansburg may, from time to time, take formal action determining what information, other than that already required by law, shall be deemed to be confidential.
[Ord. #1094, § 1]
Officers of the Borough of Keansburg shall annually file a financial disclosure statement on the forms approved by the Local Finance Board of the Department of Community Affairs which shall include the information required under N.J.S.A. 40A:9-22.6.
[Ord. #1094, § 1]
Any person may file a signed written complaint alleging a violation of this section or of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq. with the Local Finance Board of the Department of Community Affairs. Such complaint shall be processed and a determination made concerning same pursuant to the provisions of N.J.S.A. 40A:9-22.9.
[Ord. #1094, § 1]
Any officer or employee of the Borough of Keansburg may request and obtain from the Local Finance Board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the provisions of this Act pursuant to the procedures established in N.J.S.A. 40A:9-22.8.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 1050.
[Ord. #1128, § 1; Ord. #1131, § 1]
The purpose of this section is to require that all property taxes, property tax assessments, and water and sewer bills be current within the municipality prior to the issuance of any municipal license.
[Ord. #1128, § II; Ord. #1131, § 2]
The following definitions shall be applicable to this section.
LICENSES
Shall mean all licenses and permits issued by the Borough of Keansburg, including, but not limited to, licenses and permits for amusement games, bath houses, businesses, charter buses, coin operated vending and amusement machines, junk dealers, kennels, liveries, motion picture houses, pounds, taxi-cabs, vehicles for hire, Board of Health inspections, food establishment licenses, Certificates of Occupancy under any ordinance of the Borough of Keansburg for conducting a business which includes the rental of sleeping accommodations and the rental of all other real property.
PROPERTY TAXES
Shall mean all taxes levied on property by the Borough of Keansburg.
WATER AND SEWER BILLS
Shall mean all bills issued to property owners by the Keansburg Municipal Utility Authority.
[Ord. #1128, § III; Ord. #1131, § III]
No person, company, incorporation, or other entity shall be issued a license or permit or renewal of a license or permit by the Borough of Keansburg in connection with the operation of any business or the leasing of any premises either commercial or residential unless the applicant therefore has first submitted sufficient proof that there are no delinquent local real property taxes, nor any delinquent water and sewer bills, outstanding upon the land and/or premises upon which the business applying for such license shall be proposed to operate within the Borough of Keansburg.
As a condition for the issuance or renewal of any license, permit, certificate or inspection issued by, or requiring the approval of the Borough of Keansburg, the owner/applicant shall pay any delinquent property taxes, property tax assessments, water and sewer bills on the property wherein the business, residence or other activity for which the license, permit, certificate or inspection is sought or wherein the business, residence or other activity is to be conducted.
[Ord. #1128, § VII]
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" R.S. 33:1-1 et seq.
[Ord. #1128, § VIII; Ord. #1131, § IV]
Any license or permit may be revoked and/or suspended when any licensee, who is an owner of the property upon which the license business or activity is conducted, has failed to pay the property taxes, property tax assessments, water and sewer bills on the property upon which the license business or activity is conducted for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
The Borough of Keansburg, upon notice to the licensee and property owner, shall revoke or suspend any license, permit, certificate or inspection until the payment of the delinquent taxes, assessments, or delinquent water and sewer bills is made. Upon payment of the delinquent taxes, assessments, or delinquent water and sewer bills the license, permit, certificate or inspection shall be restored.
[Ord. #1060, § 1]
There is hereby created the office of Borough Attorney and said attorney, or firm of attorneys, in the discretion of the Borough Council, shall be appointed by the Borough Council by a majority vote of its members and shall serve at the pleasure of the Borough Council or until his successor shall have been appointed.
[Ord. #1060, § 2]
The Borough Attorney shall be an attorney at law of the State of New Jersey but need not be a resident of the Borough of Keansburg.
[Ord. #1060, § 3]
The Borough Attorney shall have such powers and perform such duties as are provided by law. He shall prosecute or defend any and all suits or actions, whether in law, equity or administrative proceedings to which the Borough may be a party, or in which it may be interested, or proceedings in which any officer of the Borough in the capacity of such office may be a party and shall be the legal advisor of the Borough.
[Ord. #1060, § 4]
The Borough Attorney shall perform the following duties, unless it has been assigned to special counsel as provided under subsection 2-34.5g:
a. 
Render advice on all legal questions affecting the municipality whenever requested to do so by the Mayor, a majority of the Borough Council or the Borough Manager.
b. 
Attend all regular meetings including caucus meetings of the Borough Council not to exceed three per month and attend all special meetings of the Borough Council upon the request of the Mayor or a majority of the governing body.
c. 
Draft, review and/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 of Keansburg except as set forth in subsection 2-34.5.
d. 
Defend or prosecute all municipal tax appeals.
[Ord. #1060, § 5]
The Borough Attorney shall also perform the following services unless it has been assigned to special counsel as provided for under subsection 2-34.5g:
a. 
Prosecute or defend foreclosure of all tax liens.
b. 
Prosecute or defend all matters relating to municipal assessments beyond the Borough Council and all condemnation actions filed in the Superior Court of New Jersey.
c. 
Prosecute or defend all litigation or administrative proceedings including appeals affecting any interest of the Borough, as the Borough Attorney may in his discretion determine to be necessary or desirable, or as directed by a majority of the Borough Council.
d. 
Attend any meetings upon request of the Mayor, a majority of the Borough Council or the Borough Manager beyond those described in subsection 2-34.4 above.
e. 
Conduct or advise the Borough Manager as to all labor management negotiations and draft, review and/or approve any labor contracts arising out of such negotiations.
f. 
Provide municipal bond services.
g. 
Supervise and/or direct the work of such additional attorneys and technical and professional assistants as a majority of the Borough Council may authorize for special or regular employment in or for the Borough of Keansburg.
h. 
Perform such other unusual or specialized functions beyond the ordinary scope of that contained in subsections 2-34.4 and 2-34.5 above.
[Ord. #1060, § 6]
The Borough Attorney shall receive for his services compensation as set forth in the professional services resolution upon which he/she is hired and as more specifically set forth in the contract required under N.J.S.A. 40A:11-1 et seq.
[Ord. #1060, § 7]
All papers, documents, memoranda, reports and all other materials relating to the administration of the legal duties of the Borough Attorney shall remain the property of the Borough. Upon the termination of his services with the Borough, the Borough Attorney shall forthwith surrender to any successor all such property, together with written consent to the substitution of any successor in all legal actions and proceedings then pending to which the Borough of Keansburg is a party or has an interest.
[Ord. #1136; Ord. #1201]
a. 
Preamble. Certain Federal funds are potentially available to Monmouth County under Title I of the Housing and Community Development Act of 1974, as amended, commonly known as the Community Development Block Grant Program. It is necessary to establish a legal basis for the County and its people to benefit from this program and an agreement has been proposed under which the Borough of Keansburg and the County of Monmouth in cooperation with other municipalities will establish an Interlocal Services Program pursuant to N.J.S.A. 40:8B-1. It is in the best interest of the Borough of Keansburg to enter into such an agreement.
b. 
Execution of Agreement. The agreement entitled "AGREEMENT BETWEEN THE COUNTY OF MONMOUTH AND CERTAIN MUNICIPALITIES LOCATED HEREIN FOR THE ESTABLISHMENT OF A COOPERATIVE MEANS OF CONDUCTING CERTAIN COMMUNITY DEVELOPMENT ACTIVITIES", a copy of which is attached hereto, is executed by the Mayor and Municipal Clerk in accordance with the provisions of law.
[Ord. #1139; Ord. #1141; Ord. #1171]
a. 
Preamble. N.J.S.A. 40:8A-1 authorizes a municipality to enter into a contract with any other political subdivision of this State for the joint provision of services and the Borough of Keansburg and the County of Monmouth desire to enter into an agreement whereby the County of Monmouth will be the PSAP for all 9-1-1 emergency calls for the Borough. The County of Monmouth has proposed a Monmouth County 9-1-1 Shared Cost Proposal for all Monmouth County Municipalities to handle all 9-1-1 emergency calls. The Borough of Keansburg desires to participate in the Monmouth County 9-1-1 Shared Cost Proposal and the amount of said participation will be determined annually by the County. The funding for this agreement will be funded from the Borough of Keansburg's Annual Police Operations Budget. The Interlocal Services Act requires the execution of such an agreement to be authorized by ordinance by both the Borough of Keansburg, and the County of Monmouth.
b. 
Authorization to Execute Agreement. The Mayor and Borough Clerk of the Borough of Keansburg be and the same are hereby authorized to execute and deliver an agreement with the County of Monmouth for the Monmouth County 9-1-1 Shared Cost Proposal, which agreement shall be on file in the office of the Borough Clerk at the Borough Hall, 43 Church Street, Keansburg, New Jersey, and available for public inspection during regular business hours.
c. 
Contingency Conditions. This subsection is contingent upon there being adequate funds available for the purpose of this agreement.
[Ord. #1144; Ord. #1225]
a. 
Preamble. N.J.S.A. 40:8a-1 and N.J.A.C. 5:23-4.6 authorize the enactment of an Interlocal Services Agreement between municipalities; and the Mayor and Council of the Borough of Keansburg find that the enactment of the Interlocal Services Agreement between Keansburg and Middletown will allow Keansburg to more economically and efficiently provide construction official services, and electrical, plumbing, and fire inspection services under the Uniform Construction Code. The Mayor and Council of the Borough of Keansburg have reviewed the proposed Interlocal Services Agreement with the Township of Middletown and find that same is in the interest of the public health, safety and welfare of the citizens of Keansburg.
b. 
Authorization. The Mayor and Municipal Clerk of the Borough of Keansburg are hereby authorized to execute with the Township of Middletown the attached Interlocal Services Agreement.[2]
[2]
Editor's Note: The Interlocal Agreement referred to herein may be found on file in the office of the Borough Clerk.
[1]
Editor's Note: For construction code fees see subsection 8-1.3.
[Ord. #1151]
a. 
Preamble. The Monmouth County Prosecutor and the Monmouth County Chiefs of Police Association have created the Monmouth County Mutual Aid Agreement (the Agreement) to provide a mechanism for participation in a program designed to provide supplemental police protection for all municipalities joining in such agreement. The provisions and procedures for providing mutual police assistance are set forth in the agreement, which shall be known as the Monmouth County Municipal Aid Agreement, a copy of which is on file in the office of the Municipal Clerk for inspection during the normal working hours. The Mayor and Council find that participation in the agreement will benefit the citizens of the municipality.
b. 
Execution of Agreement. Pursuant to N.J.S.A. 40:48-1(6) and N.J.S.A. 40A:14-156.1, it hereby authorizes execution of and participation in the agreement and adopts this ordinance as a reciprocal agreement with all municipalities participating in the county-wide mutual aid compact.
c. 
Chief of Police to Be Representative. It hereby authorizes the Chief of Police to be the representative of the Borough of Keansburg to execute the Declaration of Joinder in the Monmouth County Mutual Aid Agreement.
d. 
Acceptance of Terms and Conditions. It hereby accepts the terms and conditions set forth in the agreement which may be amended from time to time only by resolution adopted by the governing bodies of the respective participating municipalities.
e. 
Agreement is Separate and Distinct from Other Mutual Aid Agreements. This subsection is separate and distinct from any mutual aid agreements previously entered into between the Borough of Keansburg and any other municipalities and shall remain in effect until the agreement is dissolved or until a formal ordinance is adopted by the governing body withdrawing from the agreement.
f. 
Copy to Be Provided. A certified copy of this subsection shall be provided by the Municipal Clerk to:
1. 
The Monmouth County Prosecutor; and
2. 
The municipal clerks of each municipality participating in the agreement.
[Ord. #1158]
a. 
Preamble. The Borough of Keansburg is a member municipality of the Bayshore Task Force consisting of the following municipalities: Township of Aberdeen, Borough of Atlantic Highlands, Township of Hazlet, Borough of Highlands, Township of Holmdel, Borough of Keansburg, Borough of Keyport, Borough of Matawan, Township of Middletown and Borough of Union Beach. The Bayshore Task Force has requested that each of the member municipalities enter into an Interlocal Service Agreement to comply with the provisions of N.J.S.A. 40:48-1(6) and N.J.S.A. 40A:156.1. The Chief of Police of the Borough of Keansburg has recommended that it is in the best interest of the Borough of Keansburg to enter such an agreement. A copy of the proposed agreement is attached hereto and made a part hereof.[1]
[1]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk.
b. 
Agreement Approved. The Interlocal Service Agreement between the Borough of Keansburg and the Bayshore Task Force which is attached hereto and made a part hereof is approved.[2]
[2]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk.
c. 
Execution of Agreement. The Chief of Police of the Borough of Keansburg is authorized and directed to execute the aforesaid Interlocal Service Agreement with the Bayshore Task Force on behalf of the Borough of Keansburg.
[Ord. #1155A, Preamble; Ord. #1265, Preamble]
a. 
N.J.S.A. 40A:1-13 authorizes the establishment of The Worker's Compensation Insurance Fund.
b. 
It has been determined by the Borough Manager of the Borough of Keansburg that the Borough cannot obtain coverage at reasonable rates for the Borough.
c. 
After study of the Borough's loss ratio, number of claims and payment of substantial premiums, the Borough Manager has recommended the adoption of a self-insurance program.
[Ord. #1155A, § 1; Ord. #1265, § 1]
There is hereby created in the Borough of Keansburg, The Worker's Compensation Insurance Fund.
[Ord. #1155A, § 2; Ord. #1265, § 2]
The fund established in subsection 2-36.2 herein shall be for the following purposes:
a. 
Paying obligations of the Borough of Keansburg under the provisions of chapter 15 of Title 34 of the Revised Statutes (Labor and Workmen's Compensation, R.S. 34:15-1, et seq.).
[Ord. #1155A, § 3; Ord. #1265, § 3]
The Borough Manager of the Borough of Keansburg shall appropriate such funds as are necessary to accomplish the purpose for which the Worker's Compensation Insurance Fund is established.
[Ord. #1155A, § 4; Ord. #1265, § 4]
There shall be a minimum amount of $100,000 appropriated for such fund. The Borough Manager may, from time to time, provide for the disposition of any excess over and above the maximum amount fixed here or of the interest or profits arising therefrom when the fund shall have reached the maximum limit.
[Ord. #1192, § 1]
The following definitions shall apply to the provisions of Section 2-37.
FAMILY
Shall mean a member, their spouse, and all natural or adopted children under 21 years of age who are unmarried and permanently occupying the same residence as such member in the Borough of Keansburg.
FEES
Shall mean those charges established by the governing body of the Borough of Keansburg which are fully retained by the Borough as revenue. Specifically excluded is any portion of the fee which is collected by the Borough on behalf of any other entity, including but not limited to the State of New Jersey or the County of Monmouth.
MEMBER
Shall mean individuals residing in the Borough of Keansburg who are exempt members or members in good standing of a volunteer organization on the basis of the bylaws of such organization. Probationary members are specifically excluded from this definition.
VOLUNTEER ORGANIZATION
Shall mean Keansburg Fire Company No. 1, the New Point Company Fire Company No. 1 and the Keansburg First Aid Squad.
[Ord. #1192, § 1]
All members of a volunteer organization and their families shall be entitled to the following benefits:
a. 
Exemption from fees for recreational programs conducted by the Borough of Keansburg.
b. 
Exemption from the portion of Uniform Construction Code fees which would be otherwise retained by the Borough and payable for the issuance of a building permit required in connection with either the construction of an addition to, renovation of or the repair of an existing single-family dwelling owned and occupied by such member of a volunteer organization.
c. 
Exemption from the payment of that portion of Uniform Construction Code fees which would otherwise be retained by the Borough in an amount not to exceed a maximum of $500, for the issuance of a construction permit required in connection with the construction of a new single-family dwelling to be occupied by such member.
d. 
Exemption from fees for beach badges or from fees for the use of other municipally owned recreational facilities by such member or the member's family. Nothing in this section shall, however, exempt an organization of which such member is an officer or member from the payment of any fee.
e. 
Exemption from the payment of fees for miscellaneous licenses or permits, including but not limited to cat licenses, certificates of continued occupancy for any dwelling personally occupied by a member, and Planning Board fees required in connection with applications for either use or bulk variances for an addition to a dwelling to be personally occupied by a member.
[Amended 5-18-1999 by Ord. No. 1258 ]
[Ord. #1192, § 1]
a. 
On or about January 1st of each calendar year a volunteer organization shall submit to the Borough of Keansburg a list of all members of such organizations as defined by this section. Such list shall be amended on a periodic basis by the volunteer organization to add those individuals who have completed their probationary status or to delete individuals who no longer qualify as members in good standing.
b. 
Each member shall provide information on a form to be provided by the Clerk as to family membership so as to assist municipal officials in the administration of this section.
c. 
All members and their families must comply with all registration procedures and complete all application forms established by the Borough of Keansburg.
[Ord. #1192, § 1]
No exemption shall be allowed for the following fees:
a. 
Marriage license fees.
b. 
Fees, licenses and permits associated with any for profit activity.
c. 
Inclusion in programs when the registration is received after maximum registration has been reached.
d. 
Fees and escrows required by the Planning Board in connection with any site plan or subdivision application.
[Amended 5-18-1999 by Ord. No. 1258 ]
e. 
Escrows associated with engineering inspections.
f. 
Dog license fees.
g. 
Posting of performance guarantees where required or permitted by law.
h. 
Fees payable by a corporation, partnership or any business entity.
[Ord. #1255, § 1]
It is hereby declared that there exists in the Borough of Keansburg an area that is in need of rehabilitation. Such area has and will continue to be harmful to the physical, social and economic well-being of the Borough of Keansburg.
As a matter of legislative determination by the Borough Mayor and Council, it is hereby declared that in order to promote the health, safety, morals and general welfare, the Keansburg governing body shall be responsible for rehabilitating such Redevelopment Area as set forth herein, so that the area shall become available for economically and socially sound development.
[Ord. #1255, § 1]
Pursuant to, and in accordance with the terms of N.J.S.A. 40A:12A-4 et seq., for purposes of the redevelopment and rehabilitation of the Redevelopment Area, under this section, the Keansburg governing body is hereby designated as the entity responsible for such rehabilitation.
a. 
The members of the governing body, including the Mayor, shall serve, as a committee of the whole, as a redevelopment entity for the Redevelopment Area described herein.
b. 
Other than compensation received in the capacity of governing body member, no member of such entity shall receive compensation for his or her participation in the rehabilitation of the Redevelopment Area. Reimbursement for actual expenses in the execution of their duties, may, however, be provided for.
c. 
No member of such redevelopment entity shall acquire any interest, direct or indirect, in any contract or proposed contract for materials or services or in any property to be furnished or used in connection with any project or redevelopment area. If any member does obtain an interest, he shall immediately disclose such interest in writing to the agency and such disclosure shall be entered upon its minutes. Upon such disclosure, such member shall not participate in any action by the agency affecting such property or contract. Failure to so disclose such interest shall constitute misconduct in the office.
[Ord. #1255, § 1]
The land in the Borough of Keansburg, County of Monmouth, State of New Jersey which borders Carr Avenue to the east, Beachway to the north, Laurel Avenue to the west, and Center Avenue to the south, shall be designated as the Redevelopment Area of Keansburg.
All such lands, buildings, streets and improvements contained upon such area shall be included as part of the Redevelopment Area.
[Ord. #1303]
As used in this section:
DEFENSE
Shall mean and refers to the means by which such public employee may respond to any suit, allegation, or cause of action. The Borough of Keansburg shall provide the defense of any action, suit or proceeding, whether civil, criminal, administration or investigative, including a cross action, counterclaim or cross complaint against any public employee because of any act or omission of that employee in the scope of their employment and shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, excepting actions, suits or proceedings brought by the Borough of Keansburg against any such employee. Expressly exempted from this section providing defense and indemnification to public employees of the Borough of Keansburg are any charges, allegations, or actions of whatever nature asserted by the Borough of Keansburg against its own public employees.
INDEMNIFICATION
Shall mean to secure against loss or damage which may occur in the future, or to provide compensation for or to repair loss or damage already suffered; to insure; to save harmless.
PUBLIC EMPLOYMENT
Shall mean and include any employee of the Borough of Keansburg and shall include any elected or appointed official, counsel or special counsel, or any officer, employee or servant, whether or not compensated, who is authorized to perform any act or service for the Borough of Keansburg. The term public employee shall also include persons formerly holding office or employment, provided the events giving rise to a cause of action or claim hereunder conform to the requirements herein established.
[Ord. #1303, § 2]
The Mayor and Council for the Borough of Keansburg find as follows:
a. 
The State of New Jersey, through the passage of the Tort Claims Act, as amended and supplemented from time to time (N.J.S.A. 59:1-1 et seq.), has determined the circumstances under which claims may be made against public entities and their officials, employees and servants.
b. 
Said Tort Claims Act also specifies under what circumstances a public entity may defend and indemnify its official, employees and servants.
c. 
The Mayor and Council for the Borough of Keansburg hereby provide, under certain circumstances, for the defense and indemnification of its officers, employees and servants in the good faith performance of their duties and responsibilities.
d. 
Such defense and indemnification are especially appropriate for members of appointed boards who serve the Borough of Keansburg without monetary compensation.
e. 
The indemnification of municipal employees is also expressly designed to avoid a conflict between the employer and the employee when claims are lodged. The Supreme Court for the State of New Jersey has noted that because the law does not require, but does permit, indemnification of local public entity employees, conflicts of interest may arise in the absence of such indemnification where an entity and an employee are both sued for compensatory damages in, for example, a civil rights action and both employ the same attorney to defend. Likewise, the court pointed out such conflict could arise because the employee is liable for punitive damages and the entity is not. (See Petition for Review of Opinion 552, 102 N.J. 194). Accordingly, this indemnification policy is also intended to increase the efficiency and reduce the costs of defending the Borough of Keansburg and its employees and agents in the event of such actions.
[Ord. #1303, § 3]
a. 
Whenever a civil action shall be brought against any person holding an office, position or employment with the Borough of Keansburg for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the Borough of Keansburg shall indemnify and provide payment of any damage award not otherwise covered by any policy of insurance of the Borough of Keansburg. Note, however, that the Borough of Keansburg does not, by indemnifying its employees against damages, indirectly or directly waive any immunity against any claims.
b. 
Whenever a civil action shall be brought against any person holding an office, position or employment with the Borough of Keansburg for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the Borough of Keansburg shall provide payment of that portion of any costs of defense of said action not covered by the Borough's policy of insurance. Whenever any insurance policy whose purpose is to provide the defense and indemnification of the Borough of Keansburg or its public employees is in dispute, the Borough of Keansburg will stand in the place of the insurance carrier, subject to all rights of subrogation, to provide for the defense and indemnification of its employees as specified herein. Said public employee has an affirmative duty, to be eligible for said defense and indemnification, to cooperate with the Borough of Keansburg in any and all of its efforts to resolve any disputed insurance coverage.
[Ord. #1303, § 4]
By common law and this express provision to this section, the Borough of Keansburg's authority to indemnify is limited to acts by public employees that are within the scope of their employment and which are not criminal, fraudulent, malicious or instances of willful misconduct. Additionally, the Borough of Keansburg will not provide the means for defense nor indemnify any public employee in those instances where the Borough of Keansburg has initiated the changes or action. In the event any such public employee is charted with criminal charges and he or she is later acquitted, any application to recover the cost of their defense is expressly conditioned upon the ultimate determination of administrative charges which may or may not arise out of the same conduct or behavior.[1] Notwithstanding all of the above, in the event the Borough of Keansburg elects to assert such administrative charges and even if the employee should thereafter prevail, all such claims for reimbursement for costs of defense will be subjected to the controlling statutory and common law as opposed to this section.
[1]
Note: the ". . . ., or may not, . . ." clause addresses those instances wherein an officer is suspended on unrelated charges, but the proceeding is tolled by a parallel criminal action.