[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.
[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.
5. Superintendent of Public Works.
6. Director of Department of Recreation.
7. Chief Financial Officer/Assistant Chief Financial Officer.
8. Treasurer/Assistant Treasurer.
11. Borough Clerk/Deputy Clerk.
14. Borough Planning Consultant.
18. Municipal Court Administrator.
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.
29. Board of Fire Commissioners Member.
30. Board of Fire Commissioners Attorney.
31. Tax Collector/Assistant Tax Collector.
33. Construction Code Official/Subcode Officials.
37. Municipal Utilities Authority Member.
38. Municipal Utilities Authority Executive Director.
39. Housing Authority Member.
40. Housing Authority Attorney.
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.
[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.
[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.
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.
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:
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.
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. 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.