The Borough of Beachwood is governed under the borough
form of government outlined in Chapters 86-94 of title 40 of the Revised
Statutes. The Administrative Code has been drafted in conformity with
the borough law and in many instances provisions have been restated.
Other enabling laws relevant to this chapter are R.S. 2a:9-7, et seq.,
Municipal Court; R.S.26:3-1, et seq., Board of Health; R.S. 40:47-1
police department and fire department; R.S. 40:64-1, et seq., Shade
Tree Commission; R.S. 40:56a-1, et seq., Environmental Commission;
and R.S. 40:48-2, et seq., general authority to regulate the internal
affairs of the borough.
For salary grades and ranges, wages, compensation and
fees of all officers and employees of the borough, see annual salary
ordinances of the borough. Such ordinances are not included in these
Revised Ordinances, but are saved from repeal. See Adopting Ordinance.
[New]
This chapter shall be known and may be cited as the Administrative
Code of the Borough of Beachwood.
[1]
Editor's Note: Salary Ordinances have not been included
in the Code. See Annual Salary Ordinance in the office of the Borough
Clerk.
[New]
The Council shall consist of the Mayor and six councilmen elected
at large in the Borough, all of whom shall be elected and take office
in the manner provided by law. The term of office shall commence January
1 next following their election.
[New]
The Council shall by ordinance adopt rules or procedure not
inconsistent with this Code. The rules shall provide for standing
committees of the Council.
[New]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of the Borough Council
for any reason other than the expiration of term of office, the vacancy
shall be filled in the following manner:
a.
If the vacancy occurs subsequent to September 1 preceding the general
election which will occur in the next-to-the-last year of the term
of the member whose office has become vacant, the office shall be
filled for its unexpired term by appointment by a majority vote of
the whole membership of the Borough Council.
b.
If the vacancy occurs prior to September 1 preceding the general
election in any year other than the last year of the term of the member
whose office has become vacant, the vacancy shall be filled for the
unexpired term at the next ensuing general election. The Borough Council
by a vote of the majority of its whole membership may fill the vacancy
temporarily by appointment until the election and qualification of
a successor.
c.
Whenever a vacancy to be filled for the unexpired term by the Borough
Council is not filled within 30 days of the occurrence of the vacancy,
the Borough Clerk shall forthwith call a special election to be held
as soon as practicable to fill the vacancy. No appointment shall be
made by the Borough Council to fill the vacancy after a special election
has been called. If the vacancy occurs within six months prior to
the end of the term of office, the provisions of this subsection shall
not apply and the Borough Council shall continue to have the power
to fill the vacancy.
d.
Whenever the office of all or a majority of the members shall become
vacant for any reason, the fact of the vacancies shall be immediately
certified to the Governor by any remaining member of the Borough Council
or by the Borough Clerk. The Governor upon receipt of such certifications
shall forthwith fill the vacancies temporarily by appointment until
their successors are elected for the unexpired terms at the next general
election or next regularly scheduled Municipal Election occurring
not less than 60 days subsequent to the appointment.
[New]
Every person appointed by the Borough Council or by the Governor
to fill a vacancy, either for the unexpired term or temporarily, shall
have the qualifications required by Statute to permit the appointee
to qualify for election to the office, and if the previous incumbent
had been elected to office as the nominee of a political party, the
person so appointed shall be of the same political party.
[New]
The Council shall meet for organization on the first day of
January, or during the first seven days in January in any year at
the call of the incoming Mayor. Thereafter, the Council shall meet
regularly within the Borough at such times and places as provided
by the rules of Council. The Mayor shall when necessary call special
meetings of the Council. In case of his neglect or refusal, any four
members of the Council may call such meetings at such time and place
in the Borough as they may designate. Notice of all meetings shall
be given in accordance with the requirements of the Open Public Meetings
Law, C.231, P.L. 1975.
[New]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by the statute or specific ordinance,
the Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough, and the Chairman and members
of all standing committees. No appointments requiring Council confirmation
shall be made except by a majority vote of the Council members present
at the meeting, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in the case of a tie. Vacancies in appointive officers shall be filled
by appointment in the same manner for the unexpired term only. The
Mayor shall make such nomination to fill a vacancy within 30 days
after the appointive office becomes vacant. If the Mayor fails to
nominate within 30 days or the council fails to confirm any nomination
made by the Mayor, then, after the expiration of 30 days, the Council
shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
The Mayor shall supervise the conduct and acts of all officers
in the Borough and shall execute all contracts made on behalf of the
Council.
[New]
At the organizational meeting the Council by a majority vote
shall elect from their number a President of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one year and until
the next annual meeting. He shall have the right to debate the vote
on all questions before the Council. If the Council at its annual
meeting fails to elect a President, the Mayor shall appoint the President
from the Council and in that case no confirmation by the Council shall
be necessary. If the Mayor is absent from the Borough for a period
of three consecutive days or for any reason is unable to act, the
President of the Council shall perform all the duties of the Mayor
during his absence or inability. The Mayor, in case of his intended
absence from the Borough for more than three days at any one time,
shall notify the President in writing of such intended absence, whereupon
the President shall be and become acting Mayor from the receipt of
such notice and continue to act until the Mayor's return. In
case of the temporary inability of the President to so act, the Council
member having the longest term of service as such may act temporarily
for the President.
[Ord. #82-15, Preamble]
This section shall be known as the Rules of Council 1982, and
as hereinafter sometimes referred to as the "rules."
The following rules shall govern the Mayor and Borough Council
and its meetings.
[Ord. #82-15,§ I]
The Mayor shall take the chair at the hour appointed for the
meeting, and shall immediately call the Borough Council to order.
In the absence of the Mayor, the Council President shall call the
meeting to order. In the absence of the Mayor and the Council President,
the Clerk shall determine if a quorum is present and in that event,
shall designate one of the senior most Council members present to
call the meeting to order. Upon the arrival of the Mayor or Council
President, the person presiding over the meeting shall forthwith relinquish
the chair upon the conclusion of the business immediately before the
Council.
[Ord. #82-15, § II]
Before proceeding with the business of the Council, the Clerk
shall call the roll of the members in alphabetical order, and the
names of those present shall be entered in the minutes.
[Ord. #82-15, § III]
All special, open caucus and regular meetings shall be open
to the public. Promptly at the hour set for each meeting, the members
of the Council and the Clerk shall take their regular stations in
the Council meeting chamber, and the business of the Council shall
be taken up for consideration and disposition in the following order:
[Ord. #82-15, § IV]
Unless a reading is requested by a majority of Council, such
minutes when signed by the Council and the Clerk, may be approved
without reading, provided that the Clerk, at least two full working
days preceding the meeting shall deliver a copy thereof to each member
of Council.
[Ord. #82-15, § V]
The vote upon every motion, resolution or ordinance, shall be
taken by roll call in alphabetical order. The yeas and nays shall
be entered in the minutes. Upon the call of the roll no member shall
debate his vote. The minutes of each meeting shall be signed by the
Mayor and Council and by the Clerk.
[Ord. #82-15, § VI]
a.
Question under consideration. When a question is presented and seconded,
it is under consideration and no motion shall be received thereafter
except to lay on the table, to postpone, or to amend, until the question
is decided. These motions shall have preference in the order in which
they are mentioned.
b.
As to the Presiding Officer, Mayor or Councilman as the case may
be, he may debate from the chair, and is subject to such limitations
of debate as are by these rules imposed upon all members, and shall
not be deprived of any of the rights and privileges of his position
by reason of his being the Presiding Officer.
c.
Getting the floor; improper reference to be avoided. Every member
desiring to speak for any purpose whatsoever, shall address the Presiding
Officer, and upon recognition, shall confine himself to the question
under debate avoiding all personalities and indecorous language. A
member may only speak once on the same subject until all other members
have had an opportunity to be heard.
d.
Interruption. A member once recognized shall not be interrupted when
speaking unless it be to call him to order or as herein otherwise
provided. If a member while speaking be called to order, he shall
cease speaking and the question of order be determined by the Presiding
Officer, and if in order he shall be permitted to proceed. Any member
may appeal to the Council from the decision of the chair upon a question
of order, when without debate the chair shall submit to the Council
the question, "Shall the decision of the Chair be sustained?" And
the Council shall decide by a majority vote.
e.
Privileges of closing debate. The Presiding Officer, after all members
of Council have been heard shall have the privilege of closing the
debate.
[Ord. #82-15, § VII; Ord. #2002-20, § 1]
At any meeting of the governing body being for the purpose of workshop, caucus or special meeting other than a regular meeting and other than a closed meeting held in accordance with the Open Public Meetings Act, the governing body shall establish a public portion. Said public portion shall be for 10 minutes unless the governing body by resolution shall expand said time limitation. This time limitation shall not apply to regular meetings as addressed in subsection 2-6.9 of the Code.
[Ord. #82-15, § VII]
a.
Any person may orally petition the Council, at any regular Council
meeting during the appropriate portion of that meeting for leave to
address the Council at that meeting; which leave shall be granted.
b.
Manner of addressing Council; time limit. Each person addressing
the Council shall step up to the microphone, shall give his name and
address in an audible tone of voice for the records, and unless further
time is granted by the Council shall limit his address to 10 minutes.
All remarks shall be addressed to the Council as a body and not to
any person thereof. No person, other than members of the Council and
the person having the floor shall be permitted to enter into any discussion
either directly or through a member of the Council, without the permission
of the Presiding Officer. No question shall be asked a Councilman
except through the Presiding Officer.
[Ord. #82-15, § VIII]
a.
By Council members. While the Council is in session, the members
must preserve order and decorum, and a member shall neither by conversation
or otherwise, except as herein provided, delay or interrupt the proceedings,
the peace of the Council, disturb any member while speaking or refuse
to obey the order of the Council or its Presiding Officer.
b.
By persons. Any person making impertinent or slanderous remarks or
who shall become boisterous while addressing the Council shall forthwith
be barred from further audience before the Council at that meeting,
by the Presiding Officer or a majority vote of Council, unless permission
to continue or again address the Council be granted by the majority
vote of the Council.
[Ord. #82-15, § IX]
Any person or persons delaying or interrupting a meeting may
be asked by the Presiding Officer or a majority vote of Council to
remove him/her self from that meeting. If he/she/they should refuse
to leave, the Police Department shall be called to remove the person/persons
from the meeting.
[Ord. #82-15, § X]
Any of these rules may be suspended by a majority consent as
to any specific matter before the Council.
[Ord. #9/19/73, § 3-1; New]
There is hereby established the position of Tax Assessor.
[Ord. #9/19/73, § 3-2; New]
Term of office shall be as established by State Statute. The
salary shall be as fixed by salary ordinance.
[Ord. #96-08, § 1]
There is hereby established the position of Deputy Tax Assessor.
The salary for the position of Deputy Tax Assessor shall be fixed
by the salary ordinance.
[Ord. #81-2, § 1]
It is hereby created within the Borough of Beachwood the position
of Municipal Tax Collector, which is done pursuant to N.J.S.A. 40A:9-141.
[Ord. #81-2, § 2]
The Municipal Tax Collector shall be appointed by the Borough
Council of the Borough of Beachwood.
[Ord. #81-2, § 3]
The duties and responsibilities of the Municipal Tax Collector
shall include the following:
a.
Billing preparation and billing for the collection of taxes within
the Borough.
b.
Collection and recordings of collections of taxes within the Borough.
c.
Enforcement of the Statutes of the State of New Jersey and the ordinances
of the Borough of Beachwood with regard to the collection of taxes.
d.
Preparation and submission of monthly reports to the Mayor and Council
with regard to the collection of taxes.
e.
Any and all other duties prescribed by law or set forth and designated
as reasonable duties of the Municipal Tax Collector by the Mayor and
Council of the Borough.
[Ord. #81-2, § 4]
The purpose and intent of this section is to set forth the position
of Municipal Tax Collector, and the appointment thereof, as set forth
in N.J.S.A. 40A:9-141 et seq.
[Ord. #2/2/72, § I]
There is hereby created in the Borough of Beachwood, in the
County of Ocean and State of New Jersey, the office of Municipal Prosecutor.
[Ord. #2/2/72, § II]
The Mayor shall appoint the Municipal Prosecutor, with the advice
and consent of the Borough Council, to serve for a term of one year
commencing January 1 of each year and until the appointment and qualification
of his successor. In the event the Mayor shall not appoint the Municipal
Prosecutor or the Council shall fail to confirm such appointment within
30 days next succeeding January 1 of each year, the Council shall
make such appointment at the expiration of the thirty-day period.
[Ord. #2/2/72, § III]
No person shall be appointed Municipal Prosecutor unless he
is a licensed attorney at law of the State of New Jersey.
[Ord. #2/2/72, § IV]
The Municipal Prosecutor shall represent the Borough of Beachwood
and any of its officers and employees in any criminal or quasi-criminal
action or proceeding in the Municipal Court of the Borough or in any
Intermunicipal Court having jurisdiction of the Borough wherein the
complaint has been filed in the name of the State of New Jersey, the
Borough of Beachwood or any of the officers or employees of the Borough
of Beachwood and wherein the particular nature of the charge is such
that imprisonment in fact or other consequence of magnitude is actually
threatened or is a likelihood on conviction.
[Ord. #2/2/72, § V]
The Municipal Prosecutor shall be paid such fees or salary as
shall hereafter be established by law.
[Ord. #81-14, § 1]
There is hereby created the position of Code Enforcement Officer,
who shall be appointed by the Mayor of Beachwood, with the advice
and consent of the Council.
[Ord. #81-14, § 3]
The Code Enforcement Officer shall receive such salary as fixed
by the Mayor and Council.
[Ord. #81-14, § 4]
The Code Enforcement Officer shall work the designated hours
as set forth by the Mayor and Council.
[Ord. #81-14, § 5]
a.
To enforce all general legislation directly related to code enforcement,
of a regulatory nature adopted by the Mayor and Council.
b.
To inspect the Borough of Beachwood for the purpose of ascertaining
the existence of any violations of general legislation. Such inspections
shall be made by said officer as frequently as may be necessary to
insure compliance with the Borough's general legislation or at
the direction of the Mayor and Council.
c.
To submit monthly reports to the Mayor and Council detailing work
performance.
d.
To make investigations, serve violation notices, make and process
complaints for code violations and make court appearances as necessary
in connection therewith.
e.
To maintain files of all papers and records pertinent to work performance.
f.
To perform related duties as may be required by the Mayor and Council
by direction or resolution.
[Ord. #81-14, § 6]
Upon observation of a violation of any of the Borough ordinances under general legislation, as outlined in subsection 2-9.5 the Code Enforcement Officer shall notify the property owner, possessor or occupant in writing, by regular mail or in person, that a violation of an ordinance exists, requesting that the violation be abated within 10 days. In the event that the violation has not been corrected within 10 days, the Code Enforcement Officer may take any and all action as permitted by ordinance or Statute to compel compliance with the ordinance.
The 10 day waiting period may be waived for violations endangering
public safety or welfare.
[Ord. #81-14, § 8]
All records required by statute or ordinance shall be open to
inspection by the Borough's governing body and the general public
at all reasonable times.
[Ord. #2006-02, §§ 1, 2]
a.
Purpose. The purpose of the within section is to create the position
of part-time Housing Inspector to work under the direction of the
Borough Zoning/Code Enforcement Officer.
b.
Duties. The duties of the Housing Inspector shall be those housing
inspections necessary as described by the New Jersey Department of
Personnel. Qualifications for the position shall also be those designated
by said New Jersey Department.
[Ord. #5/30/79, § 2]
The Municipal Court for the Borough of Beachwood, County of
Ocean, State of New Jersey, is hereby established pursuant to the
applicable provisions of N.J.S.A. 2A:8-1 et seq.
[Ord. #5/30/79, § 3]
The name of the Municipal Court shall be "Municipal Court of
the Borough of Beachwood," County of Ocean, State of New Jersey.
[Ord. #5/30/79, § 4]
The Municipal Court shall have a seal and it shall bear the
name of the Court.
[Ord. #5/30/79, § 5]
There shall be a Municipal Judge of the Municipal Court who
shall be appointed pursuant to N.J.S.A. 2A:8-5. The Municipal Judge
shall serve a term of three years from the date of his appointment
and until his successor is appointed and qualified.
[Ord. #5/30/79, § 7]
The Municipal Court and the Municipal Judge thereof shall have,
possess and exercise all the functions, powers, duties and jurisdiction
conferred by law upon the Court and Judge.
[Ord. #5/30/79, § 8]
There shall be a Clerk of the Municipal Court who shall be appointed
by the Borough Council which appointment shall be for a term of three
years from the date of his or her appointment or until his or her
successor is appointed.
[Ord. #5/30/79, § 9]
There shall be a Deputy Clerk of the Municipal Court who shall
be appointed by the Borough
Council and the Deputy Clerk shall serve for a term of three
years from the date of his or her appointment until his or her successor
is appointed and qualified.
[Ord. #5/30/79, § 10]
There shall be a Court Attendant of the Municipal Court who
shall be appointed by the Borough Council.
[Ord. #5/30/79, § 11]
The Municipal Judge shall sit at such times as he deems proper
and necessary to conduct the business of the Court for the effective
administration of justice in the Borough of Beachwood subject to the
rules applicable to the Municipal Court.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 5/2/73, 9/16/77, 80-3, 81-7, 86-27.
[Ord. #97-11, § 1]
a.
There is hereby established in and for the Borough of Beachwood a
Police Department which shall consist of a Chief of Police and such
officers as Captains, Lieutenants, Sergeants, Detectives, Patrolmen
and Identification Officer. Said governing body shall from time to
time determine the number of persons, including temporary officers
and members in an emergency, to be appointed to these positions together
with their compensation.
b.
The Police Department shall preserve the public peace, protect life
and property, detect, arrest and prosecute offenders of the laws of
New Jersey and the ordinances of the Borough of Beachwood, direct
and control traffic, provide attendance and protection during emergencies,
provide appearances in Court, cooperate with all other law enforcement
agencies and provide training for the efficiency of its members and
officers. The Police Department shall be located in the Municipal
Building in the Borough of Beachwood or such Police Headquarters as
established by the Borough governing body.
[Ord. #97-11, § 1]
The governing body of the Borough of Beachwood shall be the
appropriate authority as provided for in N.J.S.A. 40A:14-118. They
shall be responsible for the overall performance of the Police Department
and shall adopt and promulgate rules and regulations for the government
of the Police Department and for the discipline of its members.
a.
All rules and regulations shall be binding on the members of the
Police Department and each member shall thoroughly familiarize himself
or herself with them. Each member of the Department shall receive
a copy of said rules and regulations and a copy of the rules and regulations
or any amendments thereto shall be posted on the departmental bulletin
boards and shall be sufficient notice of the contents thereof.
[Ord. #97-11, § 1]
a.
The Chief of Police shall be the head of the Beachwood Police Department
and shall be directly responsible to the appropriate authority for
its efficiency and day to day operations. Pursuant to policies established
by said Mayor and Council, the Chief of Police shall:
1.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its members and officers;
2.
Have, exercise and discharge the functions, powers and duties of
the Police Department;
3.
Prescribe the duties and assignments of all members and officers.
(Note: All duties and assignments must conform to contractual regulations.)
4.
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
discretion and control; and
5.
Report at least monthly to the Mayor and Council in such form as
shall be prescribed by the governing body on the operation of the
Force during the preceding month and make such other reports as may
be requested by the Mayor and Council.
[Ord. #97-11, § 1]
All appointments to any position within the Beachwood Police
Department shall be made by resolution of the Mayor with the advice
and consent of the Council after consideration of the recommendation
of the Chief of Police and all appointments shall be made according
to and subject to the laws of the State of New Jersey.
[Ord. #97-11, § 1]
a.
The Mayor, with the advice and consent of the Council, shall appoint
a number of Special Police Officers available for assignment to active
police duty subject to eligibility criteria and limitations set forth
in the "Special Law Enforcement Officers Act."
b.
Classification of Special Police Officers. There shall be the following
two classes of Special Police Officers pursuant to law:
1.
Class 1. Officers of this class shall be authorized to perform routine
traffic detail, spectator control, and similar duties. Such officers
shall have the power to issue summons for disorderly persons offenses,
petty disorderly persons offenses, violations of municipal ordinances,
and violations of Title 39 of the Revised Statutes. The use of a firearm
by an officer of this class shall be strictly prohibited, and no officer
of this class shall be assigned any duties which may require the carry
of or use of a firearm. There shall be a limit of five officers in
this class.
2.
Class 2. Officers of this class are authorized to exercise full powers
and duties of a regular police officer. The use of a firearm by such
officer may only be authorized upon successful completion of training
and instruction as required by law. There shall be a limit of 10 officers
in this class.
c.
Compensation. Each Special Police Officer shall receive compensation
as provided for in the salary ordinance of the Borough.
d.
Not members of Police Department. No Special Police Officer, by virtue
of his appointment as such, shall be or become a member of the Police
Department.
e.
Use of firearms and equipment limited. No Special Police Officer
shall wear the police uniform except while actually on duty.
f.
Use of private vehicle restricted. No Special Police Officer shall
use his private vehicle on official police business unless directly
ordered to do so by the Chief of Police, or one acting on his behalf.
g.
Compliance with rules and regulations. Every Special Police Officer,
while on duty, shall abide by all the rules and regulations of the
Police Department. Any violation of the rules and regulations where
the penalty for a Police Officer is a suspension or dismissal, may
result in the immediate dismissal of the Special Police Officer.
[Ord. #97-18, § 1]
The following positions are hereby established within the Beachwood
Police Department. The positions being established are civilian in
character and the persons being appointed to these positions do not
have any authority to perform any of the duties of a police officer
within the Beachwood Police Department.
a.
Secretary. There is hereby established the position of Secretary.
The Secretary, under direction acts as a secretary or aide to the
Department or department head; performs complex and responsible clerical
work of a varied nature requiring thorough knowledge of the rules
and regulations of the Department and does related work as required.
The secretary shall be appointed by the Mayor and Council upon recommendation
of the Chief of Police.
b.
Police Records Clerk/Senior Clerk Transcriber. There is hereby established
the position of Police Records Clerk for the Police Department. The
Police Records Clerk shall be responsible for varied clerical work,
typing of reports, the processings and preparation of all files and
reports to act as custodian of the records of the Police Department.
The Police Records Clerk shall also perform such other duties as are
required by the Chief of Police or his assignee. The Police Records
Clerk shall be appointed by the Mayor and Council upon recommendation
of the Chief of Police.
c.
Police Chaplain. There is hereby created the position of Police Chaplain.
The Police Chaplain shall be appointed by the Mayor and Council. Any
person appointed as Police Chaplain shall be an ordained clergyman
in good standing in the religious body from which he/she is selected.
The Police Chaplain shall be a Class I Special Officer of the Beachwood
Police Department without rank or compensation.
d.
School Crossing Guard. There is hereby created the position of School
Crossing Guard. The School Crossing Guard shall be appointed for a
term not exceeding one year by the Mayor and Council. To be appointed
to the position of School Crossing Guard, an individual must meet
the requirements of N.J.S.A. 40A:9-154.1. The School Crossing Guards
shall be under the supervision and direction of the Chief of Police.
School Crossing Guards shall receive training in accordance with the
requirements of N.J.S.A. 40A:9-154.2. A School Crossing Guard shall
be responsible for the control and direction of vehicular and pedestrian
traffic during those time periods of a school day when it is necessary
to control traffic or during any special event or program involving
pedestrian crossing whenever it is deemed to be in the best interest
of public safety.
e.
Each civilian employee shall receive compensation as provided for
in the Salary Ordinance of the Borough of Beachwood.
[Ord. #97-11, § 1; Ord. #97-18, § 1]
a.
No person shall be appointed to the Police Department who is not
qualified as provided in the New Jersey Statutes. The Mayor and Council
may require that an applicant for appointment to the Police Department
successfully complete a physical, mental and psychological examination.
b.
All applicants for positions in the Police Department except Special
Officers must be residents of the Borough of Beachwood if they are
candidates for permanent police officer or patrolman positions. This
ordinance is authorized by N.J.A.C. 4A:4-4.7(a)(7) and requires residency
from the closing date of the Civil Service Test and it is to be maintained
at least until the date of appointment to a current position in the
Beachwood Police Department.
[Ord. #97-11, § 1; Ord. #97-18, § 1]
No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the Police Department's Rules and Regulations.
[Ord. #97-11, § 1; Ord. #97-18, § 1]
a.
There is hereby established for the Police Department a Departmental
Awards Program.
b.
The purpose of the program is to encourage and recognize employee
incentive, meritorious achievement and deeds of valor.
c.
Citations and awards shall be made after nomination and approval
of awards by the Awards Committee.
d.
The Awards Committee shall consist of one member to be appointed
by the Borough Council, one member to be appointed by the Chief of
Police, and one member to be appointed from the Police Department
by the members of the Police Department.
e.
The symbol of an award to a member of the Police Department shall
be worn by none other than the recipient of the award, except in case
of posthumous awards.
f.
A record shall be kept of all such awards by the Chief of Police
or person in command of a department of which the recipient is a member,
and such record shall constitute a part of the service record of the
recipient.
g.
The symbol of an award may be worn by the recipient thereof upon
his official uniform, upon the left breast thereof above the wearer's
official police badge.
[Ord. #97-11, § 1; Ord. #97-18; Ord. #2005-04,
§ 1]
The fees for copies of Police Reports shall be in accordance with Section 2-27 of the Code of the Borough of Beachwood entitled "Fees for Copies of Municipal Records."
[Ord. #99-07, § 1; Ord. #2004-13, §§ 1,
2; Ord. #2006-13, § 1]
Whenever the Chief of Police or his designee determines that
extra duty assignments shall be performed for a party requesting private
or quasi-public duty, the Chief of Police or his designee shall enter
into an agreement as provided and prepared under the direction of
the Mayor and Council for extra duty assignments for which the Borough
shall be compensated as hereinafter set forth. Such agreement shall
be in accordance with the following standards:
a.
The party requesting the assignment shall execute and deliver an
agreement in a form approved by the Borough Council by resolution
from time to time. The Chief of Police or his designee shall be authorized
to execute any such agreement provided it has been submitted in the
form approved by resolution.
b.
The Borough shall be responsible to provide all necessary insurance
coverage as required by law, including but not limited to worker's
compensation, public liability and claims for damage for personal
injury, including death or damage to property which may arise or result
from the Borough's performance under the contract.
c.
The party requesting the assignment of police officers shall indemnify
and hold harmless the Borough from any and all claims made by said
police officers for injury or illness while performing extra duty
assignments for said party. In addition, the party shall hold the
Borough harmless from any and all claims made by any third party for
injury, illness or damage to property arising out of the extra duty
assignment of a police officer.
d.
Any and all extra duty assignments shall be determined and approved
by the Chief of Police or his designee. The Chief of Police or his
designee may assign a patrol vehicle for use in performing extra duty
if and in the event it is determined that the use of a patrol vehicle
is necessary to perform the contracted duty.
e.
All special duty assignments shall be within the municipality unless
specific written approval is given by the Chief of Police to the officer
to work outside of the municipality. If no municipal officers are
available to work on special duty assignments within the municipality,
the Chief of Police may contact adjoining municipal police departments
to see if they are willing to perform such special assignments.
f.
The work to be performed shall be considered "special assignment
from independent contractors" and will not be considered direct assignment
or duty on the job through the Borough. The taking of any and all
extra duty assignments shall be on a voluntary basis in accordance
with a system established and administered by the Chief of Police.
g.
The Chief of Police has the authority to order any police officer
to vacate or terminate any special duty assignment in response to
emergency situations or whenever the assignment creates an unacceptable
risk to health, safety and welfare of the police officer and/or the
public in the sole determination and discretion of the Chief of Police.
The contractor shall not be responsible for any compensation for the
time that the police officer is away from the special duty assignment
and shall have no claim for any costs or damages against the municipality,
the Chief of Police or the police officer arising from the termination
of special duty assignment other than the prorated return of any costs
prepaid to the Borough or to the municipality.
h.
Prior to any special duty assignment, the individual of the corporation
requesting said off-duty employment shall be required to give an estimate
of the amount of hours and the time that will be needed and pay to
the Borough said estimated sum in advance to be held in an escrow
account by the Borough for said purpose. Any additional payments due
under such agreement shall be paid 15 days from date of billing. Interest
shall be charged at the rate of 12% per annum on any amount billed
for which payment has not been made within 15 days. The delinquent
party shall be liable for all costs, fees and attorney's fees
associated with the collection of any amounts due.
i.
The rate for private security details as requested pursuant to this
ordinance shall be $29.70 per hour with a four hour minimum. Of this
rate, the Borough shall receive a 10% administrative charge or a rate
of $2.70 per hour. The police officer will be paid at the rate of
$27 per hour. In regard to private road job assignments, the rate
will remain at the current $49.50 per hour with a four hour minimum
of which the Borough shall receive 10% for administrative charges.
The rate for police security involving the Toms River Regional
School District shall be $35 per hour. Of this rate, the Borough shall
receive a 10% administrative charge or a rate of $3.50 per hour. The
police will be paid at the rate of $31.50 per hour.
[Added 4-1-2020 by Ord.
No. 2020-02]
There is hereby established a K-9 Division within the Police
Department of Beachwood as follows:
a.
The K-9 officer shall be solely and fully responsible for all costs
associated with the feeding, care, and/or maintenance of the canine.
b.
The K-9 officer shall be solely and fully responsible for the payment
of any medical or veterinarian services, including medications, associated
with the canine.
c.
Unless the K-9 officer pays the invoice/bill directly with the service
provider or supplier, the K-9 officer shall provide the Borough with
the necessary funds needed to pay for any bills, invoices, or expenses
resulting from the canine for which the Borough has been served an
invoice/bill.
d.
Should the Borough receive any grant for its canine program, the
Borough shall use any such money received from the grant towards the
care, maintenance, equipment, training, and/or feeding of the canine
within the canine program.
e.
However, the receipt of any such grant or use of any grant money
by the Borough toward the care, maintenance, and/or feeding of the
canine within the canine program shall not be deemed a waiver of,
or eliminate the K-9 officer's obligation to provide the necessary
funds for the canine's care, maintenance, equipment and/or feeding
of the canine within the canine program.
a.
In compliance with Fair Labor Standards Act regulations, all parties
agree the daily amount of time necessary for the care, feeding, and
maintenance of the canine while said K-9 officer is at home shall
be equal to 30 minutes per day, or 3.5 hours per week. Unless otherwise
agreed upon between the Borough and PBA, travel to and from any facility
for medical or veterinarian care/services shall be considered a part
of the care provided during the thirty-minute period.
b.
The K-9 officer acknowledges there will be no additional compensation
or stipend for the care, maintenance and feeding of the dog above
the 30 minutes per day outlined in the agreement. The K-9 officer
specifically waives any claim for additional compensation for the
care, maintenance and/or feeding of the canine, as he specifically
and expressly acknowledges the Borough is providing said officer 30
minutes per day to care, maintain and/or feed the canine.
a.
The schedule of the K-9 officer shall be under the direct control
of the Chief of Police or designee appointed by the Chief of Police,
or his designee.
a.
So long as the K-9 program is continued by the Borough, the Borough
will provide liability coverage for the K-9 officer in accordance
with state statutes.
a.
The Borough shall have the unilateral right to terminate the K-9
program within the Borough for any reason, including but not limited
to the Borough incurring any expense(s). However, a failure on the
part of the Borough to immediately terminate the K-9 program upon
any expenses being incurred by it does not represent an abandonment
of the Borough's unilateral right.
If any section, subsection, sentence, clause, phrase or portion
of this section is for any reason declared invalid or unconstitutional
by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions hereof.
All ordinances or resolutions or parts of ordinances or resolutions
inconsistent herewith are hereby repealed to the extent of such inconsistency.
This section shall become effective upon publication as required
by law.
[Ord. #7/5/73, § 1]
Establishment of Unified Company. The Beachwood Volunteer Fire
Department shall hereafter be, at all times, under the control and
supervision and subject to the orders of the Mayor and Council of
the Borough of Beachwood, and shall consist of one volunteer company,
Beachwood Volunteer Fire Company No. 1.
[Ord. #7/5/73, § 2]
The Fire Department shall be under the general supervision of
the Director of Law and Public Safety.
[Ord. #7/5/73, § 3]
The Fire Department shall consist of a Chief, First Assistant
Chief, Captain, First and Second Lieutenants and as many firemen as
are hereby provided for.
[Ord. #7/5/73, § 4]
The Chief shall have complete and full direction of the equipment
and personnel of the Department at all fires and when otherwise on
duty. In the absence of the Chief, the seniority indicated in the
official titles shall remain.
[Ord. #7/5/73, § 5]
The officers of the Department shall be elected on the second
Friday of December of each year, all active members of the Department
in good standing being eligible to vote. Voting shall be conducted
by ballot and the candidate for each office receiving the highest
number of votes shall be declared elected.
[Ord. #7/5/73, § 6]
Formal charges of misdemeanor or unbecoming conduct, looking
to the imposition of a fine, suspension or removal of any officer
or fireman in the Department shall be heard by the officers of the
Department. Such charges shall be in writing, served upon the officer
or fireman involved, who shall have an opportunity to be heard. Original
jurisdiction is conferred upon the officers of the Department.
[Ord. #7/5/73, § 7]
There shall be held annually one official inspection of the
Fire Department by the Mayor and Council, which shall be held at such
time as the Mayor shall designate.
[Ord. #7/5/73, § 8]
It shall be the duty of the Borough Clerk to keep a complete
roll of the active and exempt members of the Fire Department, designating
their date of admission, age, occupation, residence and resignation.
[Ord. #7/5/73, § 9]
No person excepting the members of the Department or janitors
of the buildings shall be allowed to enter any firehouse or handle
any apparatus or implements belonging to the Department.
[Ord. #7/5/73, § 10]
No apparatus, during any alarm of fire, shall be taken from
its house by anyone other than a member of the Fire Department.
[Ord. #7/5/73, § 11]
No fire apparatus shall be taken out of the limits of the Borough
except as provided by rules of the Fire Department.
[Ord. #7/5/73, § 12]
a.
Exemption certificates will be granted to those members of the Fire
Department who have served the time prescribed by law. Members will
not be granted exemption certificates unless they have served the
required time and have also performed the yearly fire duty required
of them for a period equal in years to the number of years required
by the laws of the State of New Jersey before exemption will be granted.
b.
Certificates will be ordered by the Mayor and Council upon recommendation
of the Commissioner of Public Safety, the Fire Chief and the officers
of the Department and will be signed by the Mayor and attested by
the Borough Clerk. The time served and the average of membership must
be certified by the Borough Clerk.
[Ord. #7/5/73, § 13]
No person or persons shall drive any vehicle over any hose or
other apparatus, nor willfully handle and do violence to any member
of the Fire Department or any official of the Borough in the performance
of his duty at a fire, or in going to or returning from a fire or
alarm of fire, or in charge of any apparatus, nor shall any person
or persons raise, create or continue a false alarm of fire.
[New]
[Ord. #2002-13, §§ 1-3; Ord. #2008-22 §§ 1,2]
a.
Created. A Length of Service Awards Program (LOSAP) is hereby created
in accordance with Public Law 1997, Chapter 388 (N.J.S.A. 40A:14-183
et seq.) to reward the members of the Beachwood Volunteer Fire Company
No. 1, Inc. for their years of loyal, diligent and devoted service
to the residents of the Borough of Beachwood.
b.
The LOSAP shall provide for fixed annual contributions to the deferred income account for each member of the Beachwood Volunteer Fire Company No. 1, Inc. that meets the criteria set forth below. Such contributions shall be made in accordance with a plan that shall be established by the Borough of Beachwood pursuant to P.L. 1997, c.388, and shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code and this subsection. Said initial Plan Point System is included as an attachment to this chapter as Schedule A.
c.
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria as follows:
d.
The maximum amount of annual contribution as established by the within
subsection shall increase on a yearly basis in accordance with N.J.A.C.
5:30-14.9. The within Consumer Price Index adjustment shall be retroactive
to the first full year following the year of implementation of the
within program by the Borough of Beachwood.
[1]
Editor's Note: Length of Service Awards Program (LOSAP)
was approved by the electorate at the election of November 5, 2002.
[Ord. #9/6/72, § 1]
There is hereby created a public body corporate and politic
in the Borough to be named the "Beachwood Sewerage Authority" pursuant
to the provisions of an Act of the legislature of the State of New
Jersey (P.L. 1946, c. 148, p. 639) known as the "Sewerage Authorities
Law," as amended and supplemented.
[Ord. #9/6/72, § 2]
The membership of the Beachwood Sewerage Authority shall consist
of five citizens of the Borough who shall be appointed by resolution
of the Borough Council as hereinafter provided.
[Ord. #9/6/72, § 3]
The Beachwood Sewerage Authority hereby created shall be an
agency and instrumentality of the Borough and shall have all of the
powers conferred by the Sewerage Authorities Law upon sewerage authorities
generally.
[Ord. #9/6/72, § 4]
The Beachwood Sewerage Authority shall consist of five citizens
of the Borough appointed as aforesaid. The members first appointed
shall be designated to serve for terms respectively, expiring on the
first day of the first, second, third, fourth and fifth Februarys
next ensuing after the date of their appointment. On or after January
1 in each year after such first appointments, one person shall be
appointed as a member to serve for a term commencing on February 1
in such year and expiring on February 1 in the fifth year thereafter.
In the event of a vacancy in the membership of the Authority occurring
during an unexpired term of office, a person shall be appointed as
a member of the Authority to serve for such unexpired term. Each member
shall hold office for the term for which he was appointed and until
his successor has been appointed and has qualified.
[Ord. #9/6/72, § 5]
A copy of this chapter and a copy of each resolution appointing
any member or members of the Beachwood Sewerage Authority, duly certified
by the Borough Clerk, shall be filed in the Office of the Secretary
of the State of New Jersey.
[Ord. #9/6/72, § 6]
No member, officer or employee of the Beachwood Sewerage Authority
shall have or acquire any interest, direct or indirect in the sewerage
system or in any property included or planned to be included in the
sewerage system or in any contract or proposed contract for materials
or services to be furnished to or used by the Sewerage Authority,
but neither the holding of any office or employment in the government
of the Borough or under any law of the State of New Jersey nor the
owning of any property within the State of New Jersey shall be deemed
a disqualification for membership in or employment by the Beachwood
Sewerage Authority. Members of the governing body of the Borough may
be appointed by such governing body and may serve as members of the
Beachwood Sewerage Authority.
[Ord. #9/16/77, § 1; Ord. #2005-27, § 1]
The maximum salary for the Chairman of the Beachwood Sewerage
Authority shall be $2,100 for any one calendar year, and the maximum
salary for members of the Sewerage Authority shall be $1,800 for any
one calendar year. The Beachwood Sewerage Authority may set actual
salaries for individual members as long as they do not exceed the
above maximum amounts, inclusive of reimbursements, in any one calendar
year.
[Ord. #9/6/72, § 8]
Upon the initial appointment of the members of the Beachwood
Sewerage Authority and thereafter, on or after the first day of February
in each year, such members shall elect from among the members a Chairman
and a Vice Chairman who shall hold office until the first day of February
next ensuing and until their respective successors have been appointed
and have qualified.
[Ord. #9/6/72, § 9]
The Beachwood Sewerage Authority shall annually cause an audit
of the accounts of the Authority to be made and filed with the Authority
and, for such purpose, the Authority shall employ a registered municipal
accountant of New Jersey or a certified public accountant of New Jersey.
Such audit shall be completed and filed with the Authority within
four months after the close of the fiscal year of the Authority, and
a certified duplicate thereof shall be filed with the Director of
the Division of Local Government in the Department of the Treasury
within five days after the original report is filed with the Authority.
[Ord. #9/6/72, § 10]
Nothing herein contained shall be construed as limiting or restricting
any of the powers and duties conferred upon sewerage authorities created
pursuant to the aforesaid Act and such Authority shall enjoy all of
the statutory powers and duties as specifically set forth in N.J.S.A.
40:14A-7 and as the same may be amended and supplemented.
[Ord. #9/19/73, § 12-1]
There is hereby established and created, in the Borough of Beachwood,
a local industrial commission to be known as "The Industrial Commission
of the Borough of Beachwood."
[Ord. #9/19/73, § 12-2]
The Industrial Commission shall consist of seven members and
shall be a body corporate having the general and specific powers,
purposes, functions, additional powers and limitations of powers as
set forth in R.S. 40:55B-7, R.S. 40:55B-8 and R.S. 40:55B-10.
[Ord. #9/19/73, § 12-3]
Members of the Commission shall be appointed by the Mayor. Each
member shall be, for the last five years preceding his appointment,
a citizen of the United States and a qualified voter of the State
of New Jersey. One member shall be appointed for one year, one member
for two years, one member for three years, two members for four years
and two members for five years. At the expiration of each of the above
terms, the new member or members shall be appointed for a term of
five years. Vacancies for members in the Commission, occurring for
whatever cause, shall be promptly filled by appointment by the Mayor
for the unexpired term thereof. Members shall serve for their respective
terms and until their successors are appointed and qualified.
[Ord. #9/19/73, § 12-4]
Each member of the Commission shall be chosen with a special
view to his qualifications and fitness to serve on the Commission.
He shall have had experience in industry or commerce if possible,
shall be conversant with the industrial needs and facilities of the
Borough and shall be of known devotion to public service.
[Ord. #9/19/73, § 12-5]
No member, officer or employee of the Commission shall be interested
directly or indirectly in any contracts for work or materials used
by the Commission or in any sales, leases or agreements in connection
with lands, buildings or other property owned or controlled by it,
or in any fees or compensation of any kind paid to any broker, architect,
engineer, merchant or other person doing business with the Commission,
or in any other transaction of or with the Commission or the benefits
or profits thereof.
[Ord. #9/19/73, § 12-6]
Each member and officer of the Commission shall before assuming
office, make and subscribe an oath that he will faithfully and impartially
discharge the duties of his office. The members and officers of the
Commission shall serve without compensation but each shall receive
his actual disbursements for his expenses in performing his duties.
[Ord. #9/19/73, § 12-7]
The members and officers of the Commission may be required to
furnish bonds to the Commission to secure the faithful discharge of
their duties in form, amount and with such surety as may be required
by resolution of the Mayor and Council.
[Ord. #9/19/73, § 12-8]
The members of the Commission shall choose annually from among
its members a Chairman and such officers as it may deem necessary.
The Mayor shall be an ex officio member of the Commission. A majority
of the members of the Commission shall constitute a quorum.
[Ord. #9/19/73, § 12-9]
The Commission is hereby authorized to employ such employees
and assistants as it shall deem necessary or desirable to accomplish
its duties and purposes, and to fix their compensation within the
limitations of the funds appropriated by the Mayor and Council to
its use. The Commission shall be bound by the provisions of R.S. 40:55B-6
in the employment of employees and assistants, use of Municipally
owned office space and equipment, and shall make maximum use of Municipal
employees, office space, equipment and professional assistants as
therein provided. Borough employees serving the Commission shall do
so without compensation other than their regular compensation as employees
of the Borough. The several departments of the Borough shall be available
to the Commission for the purpose of Commission business.
[Ord. #9/19/73, § 12-10]
In addition to the general powers, purposes, functions, additional
powers and limitations on powers which the Commission by law shall
enjoy and exercise, the Commission shall make a study of the tax structure
of the Borough with the view of reducing the tax burden of the Borough.
[Ord. #9/19/73, § 12-11]
The Commission shall make an annual report to the Mayor and
Borough Council, setting forth in detail its operations and transactions
for the preceding 12 months.
[Ord. #5/17/72, § 1]
There is hereby established and created in the Borough of Beachwood
a Board of Recreation Commissioners to consist of seven citizens and
residents of the Borough of Beachwood.
[Ord. #5/17/72, § 2; Ord. #2001-08, § 1]
The Mayor of the Borough shall appoint the members of the Board
as follows: two members each for a five-year term, two members each
for a four-year term, one member for a three-year term, one member
for a two-year term and one member for a one-year term. Thereafter,
all appointments shall be for a term of five years, except that any
appointment to a vacancy created by other than the expiration of the
term shall be filled for the unexpired term only.
a.
Alternate Members. The Mayor of the Borough may appoint two alternate
members to the Board of Recreation Commissioners. Said alternate members
shall be designated at the time of appointment as "Alternate No. 1"
and "Alternate No. 2." Their terms shall be staggered so that Alternate
No. 1 will serve for a term of five years and Alternate No. 2 shall
serve for a term of four years, thereafter, the length of the terms
of the alternate members shall be five years. Any vacancy occurring
otherwise shall be filled by the governing body for the unexpired
term. Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of the Board of Recreation Commissioners. A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. In the event that a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote.
[Ord. #5/17/72, § 3]
All members of the Board shall serve without compensation and
until their respective successors are appointed and shall qualify.
[Ord. #5/17/72, § 4]
The Board of Recreation Commissioners hereby established and
created shall have all of the rights, duties and powers as set forth
in R.S. 40:12-1 et. seq., and as the same may be amended or supplemented.
Former Section 2-17, Environmental Commission, previously codified
herein and containing portions of Ordinance No. 9/19/73, was repealed
by Ordinance No. 2012-03 and replaced with the Environmental and Shade
Tree Committee.
[Ord. #2012-03, § 3]
There is hereby created within the Borough of Beachwood a Committee
to be known as The Environmental and Shade Tree Committee.
[Ord. # 2012-03, § 4]
The Environmental and Shade Tree Committee is hereby established
for the purpose of recommending the promotion of conservation and
the protection and development and/or the use of natural resources
including water resources within the Borough. It is further the purpose
of the Committee to recommend programs and plans for the consideration
of the Borough Council with respect to the purchase, plan and care,
rearing, trimming, preserving and control of the shade trees and ornamental
trees of the Borough. They shall further consult on a regular basis
with the Council liaison to the Public Works Department. They shall
encourage arboriculture.
[Ord. # 2012-03, § 5]
The Environmental and Shade Tree Committee shall review the
use and possible use of open lands within the Borough and may advertise,
prepare and print pamphlets, charts and maps with the preapproval
of the Borough Council. Those pamphlets, charts and maps shall also
be applicable to the purchase, planting and care, rearing, trimming,
preservation and control of shade trees or ornamental trees within
the Borough. The Environmental and Shade Tree Committee shall prepare
and keep an index of all open areas, whether publicly or privately
owned, including open marsh lands, swamps and other wetlands in order
to obtain information on the proper use of these areas. As part of
said index they shall also note any and all significant shade trees
and ornamental trees located thereon. They shall not, however, enter
upon private properties without the express permission of the property
owners.
The Committee may recommend to the Borough Land Use Board their
input on the inclusion of plants or programs for the Borough's
Master Plan. They also may recommend to said Land Use Board and the
Mayor and Council programs for the use of any areas, marsh lands and
wetlands within the Borough, as well as any areas containing or conducive
to the planting and maintenance of shade trees and ornamental trees,
together with recommendation for their care.
[Ord. # 2012-03, § 6]
In the event the Borough acquires any real property, the Environmental
and Shade Tree Committee may recommend the use and care of said property
in furtherance of the purposes of the Shade Tree and Environmental
Committee.
[Ord. # 2012-03, § 7]
The Environmental and Shade Tree Committee shall keep records
of its meetings and activities and shall make an annual report thereof
to the Mayor and Council.
[Ord. # 2012-03, § 8]
The Mayor and Council may authorize funds for the expenses of
the Environmental and Shade Tree Committee. The Committee may appoint
such clerks and other employees as it may require and as shall be
within the limits of the funds so appropriated by the Borough Council
for the operation of the Committee. The Borough Council may also appropriate
funds for the purchase of trees and shrubbery, the purchase of necessary
equipment and materials and for the costs of any other related service
for the preservation of trees and shrubbery.
[Ord. #2012-03, § 9]
The Environmental Shade Tree Committee shall consist of five
members who shall be appointed by the Mayor with the approval of the
Borough Council, all of whom shall be residents of the Borough and
one of whom shall be a member or alternate member of the Land Use
Board. The members of the Committee shall serve without compensation
except if provided elsewhere in this Ordinance. The Committee shall
designate one of its members to serve as Chairman or Presiding Officer
of the Committee. The terms of office of the first committee member
shall be appointed for one, two or three years, to be designated by
the same method as appointment so that the terms of approximately
1/3 of the members will expire each year, and their successors shall
be appointed for terms of three years and until the appointment and
qualification of their successors. The Mayor and Council may remove
any member of the Committee for cause, upon written charges served
upon the member and after hearing thereon, at which hearing the member
shall be entitled to be heard in person or by counsel A vacancy on
the Commission shall be filled for the unexpired term in the same
manner as an original appointment.
[Ord. # 2012-03, § 10]
The Borough Council shall have the power to:
a.
Regulate and control the use of the grounds surrounding the shade
and ornamental trees and shrubbery, so far as may be necessary for
their proper growth, care and protection and to protect all environmental
attributes as noted by the Committee;
b.
Move or require the removal of any tree or part thereof dangerous
to public safety; and
c.
Administer treatment to or remove any tree situate upon private property
which is believed to harbor a disease or insects readily communicable
to neighboring healthy trees in the care of the Municipality, and
enter upon private property for that purpose, with the consent of
the owner thereof, provided this suspected condition is first confirmed
by a certificate of the Department of Agriculture or by a Borough
Professional holding a degree in arboriculture
[Ord. # 2012-03, § 11]
a.
The initial costs of all trees planted by the Borough, the cost of
planting the same, the cost of the post and boxes or guards used for
the protection of the trees, and the cost of the removal of any tree
or part thereof dangerous to public safety shall, if so determined
by the Borough Council, be a charge upon the real estate in front
of which such tree or trees shall be planted or removed as an improvement
thereof. No charge shall be made against the property or the owner
thereof where a planting to replace a tree or trees previously planted
by the Borough is done, or where a planting is made in connection
with commemorative ceremony instigated by the Borough, or where a
planting is made in connection with any educational demonstration.
b.
Any cost assessed as provided in this section shall be paid by the
owner to the Borough Clerk. Upon failure of the owner to make payment
to the Borough Clerk, the Borough Clerk shall certify the cost to
the Tax Collector, and the cost assessed shall thereupon become a
lien upon the real estate and shall be included in the next tax bill
rendered to the owner or owners thereof and be collected in the same
manner as other taxes against that property.
[Ord. # 2012-03, § 12]
Nothing contained in this section shall be held to take away
or diminish any of the powers or authority of the Mayor and Council
in relation to environmental matters including the preservation, care
and protection of shade trees and ornamental trees within the Borough
of Beachwood that are within its jurisdiction or to give any other
Committee or Board any power or authority with respect to said matters.
Former Section 2-18, Board of Health, previously codified herein
and containing portions of Ordinance 2/21/73 was repealed in its entirety
by Ordinance No. 2008-04.
Former Section 2-19, Shade Tree Advisory Committee, previously codified herein and containing portions of Ordinance 9/19/73 was repealed by Ordinance No. 2012-03. See Section 2-17, Environmental and Shade Tree Committee.
[Ord. #8/20/76, § 1; New]
Pursuant to N.J.S.A. 40A:5-17, the manner in which claims for
payment by the Borough shall be approved or disapproved shall be as
follows:
a.
All claims for payment shall be submitted on standard Borough of
Beachwood forms which shall be made available by the Borough upon
request.
b.
Upon receipt of a payment claim the Borough shall screen the claim
to ensure that the voucher form is properly executed and accompanied
by appropriate bills, receipts or other documentation. In the event
the voucher form is incomplete, improperly certified or improperly
documented, the Borough shall notify the claimant of the deficiency
and request resubmission of the claim.
c.
Properly executed and documented voucher forms shall be forwarded
to the treasurer who shall determine that the claim is justified on
the voucher and who shall then forward the voucher to the Councilman
in charge for review and signature.
d.
It shall be forwarded to the Borough Treasurer who shall make note
of what appropriation fund will be affected and ensure that sufficient
moneys are available in that fund to make payment.
e.
The Borough Treasurer shall then submit the claim to the Borough
Council at its next regular meeting.
f.
All claims for payment shall be finally approved or disapproved by
resolution of the Mayor and Council.
g.
All claims approved for payment shall be forwarded to the Borough
Treasurer for issuance of an appropriate check. All claims for payment
which have been disapproved shall be returned to the claimant together
with a brief explanation therefor.
[Ord. #2000-10, § 1]
The Borough Treasurer is hereby given authority to approve claims
for payment when it is not convenient for the Borough Council to do
so and in accordance with all Borough policies for the approval and
processing of purchase orders and payment of claims including but
not limited to the following:
a.
The claims have been presented for payment pursuant to the Borough's
purchase order policies and procedures.
b.
Subsequent to the approval, the claim shall be presented to the governing
body in a bill list form and shall be reviewed and signed authorizing
payment by a majority of the governing body.
c.
Upon the completion of the above procedures and all other normal
purchase order procedures of the Borough of Beachwood, the claim may
be paid in accordance with the provisions set forth in N.J.S.A. 40A:5-17b.
d.
The bill list shall be ratified at the next meeting of the governing
body.
[Ord. #8/20/76, § 2; New]
The method of disbursing moneys for payment of claims approved
shall be as follows: by check drawn on the Treasury of the Borough
after having been signed by the Mayor or other designated official
of the Borough of Beachwood and countersigned by the Treasurer or
other custodian of funds of the Borough.
[Ord. #12/18/59; Ord. #9/19/73, 1973 Code § 15-1]
A checking account shall be established in the name of the Borough
of Beachwood, and designated as "Payroll Account," for the payment
of the regular salaries of the officers and employees of the Borough.
[Ord. #12/18/59]
The moneys appropriated or to be appropriated for such salaries,
under the budget and in accordance with the Statutes and ordinances
controlling the same, shall be transferred from the general account
to the payroll account.
[Ord. #12/18/59; Ord. #9/19/73, 1973 Code § 15-3]
After the passage of this section and upon the establishment
of the payroll account, all salaries shall be paid at regular intervals,
which payment of salaries shall be subject to confirmation at the
next succeeding meeting of the Mayor and Borough Council.
[Ord. #9/19/73, 1973 Code, § 15-5; New]
The Mayor or any person as duly authorized by resolution shall
sign all checks drawn on the payroll account, and this signature shall
be binding on the Borough of Beachwood.
[Ord. #84-21, § 1]
The purpose of this section is to adopt an internal grievance
procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by the Office of Revenue Sharing's
regulations (31 C.F.R. 51.55(d)(2)) implementing Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504
states, in part, that "no otherwise qualified handicapped individual...shall,
solely by reason of his handicap, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving federal revenue sharing assistance...."
[Ord. #84-21, § 2]
Complaints should be addressed to the Borough Clerk, Beachwood,
New Jersey, who has been designated to coordinate Section 504 compliance
efforts.
a.
A complaint should be filed in writing or verbally, contain the name
and address of the person filing it, and briefly describe the alleged
violation of the regulations.
b.
A complaint should be filed within seven days after the complainant
becomes aware of the alleged violation. (Processing of allegations
of discrimination occurring before this grievance procedure was in
place will be considered on a case-by-case basis.)
c.
An investigation, as may be appropriate, shall follow a filing of
a complaint. The investigation will be conducted by Borough Clerk.
These rules contemplate informal but thorough investigations affording
all interested persons and their representatives, if any, an opportunity
to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55
(d)(2), the Borough of Beachwood need not process complaints from
applicants for employment or from applicants for admission to post-secondary
educational institutions.
d.
A written determination as to the validity of the complaint and description
of resolution, if any, shall be issued by the Borough Clerk, and a
copy forwarded to the complainant no later than seven days after its
filing.
e.
The Section 504 coordinator shall maintain the files and records
of the Borough relating to the complaints filed.
f.
The complainant can request a reconsideration of the case in instances
where he or she is dissatisfied with the resolution. The request for
reconsideration should be made within seven days to the Borough Clerk.
g.
The right of a person to a prompt and equitable resolution of the
complaint filed hereunder shall not be impaired by the person's
pursuit of other remedies such as the filing of a Section 504 complaint
with the Office of Revenue Sharing, U.S. Department of the Treasury.
Utilization of this grievance procedure is not a pre-requisite to
the pursuit of other remedies.
h.
These rules shall be construed to protect the substantive rights
of interested persons, to meet appropriate due process standards and
to assure that the Borough of Beachwood complies with Section 504
and the ORS regulations.
[Ord. #86-24; Ord. #89-17; Ord. #92-09]
a.
Certain Federal funds are potentially available to a County under
Title I of the Housing and Community Development Block Grant Program.
b.
It is necessary to establish a legal basis for the County and its
people to benefit from this program.
c.
An agreement has been proposed under which the Borough of Beachwood
and the County of Ocean in cooperation with other municipalities will
establish an Interlocal Services Program pursuant to N.J.S.A. 40:8A-1
et seq.
d.
It is in the best interest of the Borough of Beachwood that the attached
agreement[1] is hereby approved and the appropriate Municipal Officials
are hereby authorized and directed to execute same in accordance with
the provisions of law.
[1]
Editor's Note: A copy of the agreement referred to herein
can be found on file in the office of the Borough Clerk, attached
to and made a part of Ordinance No. 89-17.
[Ord. #89-12; Ord. #91-08]
a.
The Mayor and Clerk of the Borough of Beachwood are hereby authorized
and directed to enter into and execute an Interlocal Services Agreement
with the County of Ocean for the provision of certain road maintenance
and repair services in the Borough of Beachwood as more specifically
set forth therein.
b.
A copy of that agreement is on file and available for public inspection
at the Borough Clerk's office which is located at 315 Atlantic
City Boulevard, Beachwood, New Jersey, any weekday between the hours
of 9:00 a.m. and 4:00 p.m.
d.
A copy of Ordinance No. 89-12 with the agreement annexed thereto
shall be kept on file in the Borough Clerk's office.
[Ord. #91-12, §§ 1-6; Ord. #94-14, §§ 1-6]
a.
Purpose. The purpose of the within section is to authorize the Borough
of Beachwood to execute an Interlocal Services Agreement with the
Township of Berkeley pursuant to N.J.S.A. 40:8A-1 et seq. in order
to allow the Township to provide animal warden services for the Borough
of Beachwood.
b.
Authorization. The within section authorizes the Mayor and Borough
Clerk to execute an Interlocal Services Agreement with the Township
of Berkeley wherein the Township will provide animal warden services
for the Borough.
c.
Duration. The within agreement authorizes a contract from January
1, 1994 through December 31, 1995.
d.
Consideration. The consideration of the within authorized contract
shall be the sum of $9,129 for year 1994. The sum of $9,540 for year
1995.
e.
Contract on file. A copy of the contract between the Borough of Beachwood
and the Township of Berkeley is available for public inspection at
the Borough Clerk's Office, 315 Atlantic City Boulevard, Beachwood,
New Jersey and may be inspected weekdays between the hours of 9:00
a.m. and 4:00 p.m. by calling 286-6000.
f.
This section shall take effect immediately upon its final passage
and publication as required by law.
[1]
Editor's Note: Former subsection 2-23.5, Hearings Pursuant to "Vicious Dog Act," previously codified herein and containing portions of Ordinance Nos. 91-19 and 92-08 was repealed in its entirety by Ordinance No. 97-22. See subsection 5-1.21 Vicious Dogs Designated; Complaints; Hearings; Muzzling.
[Ord. #92-05, § 1-3]
a.
Purpose. The purpose of this subsection is to authorize the Borough
of Beachwood to enter into an Interlocal Services Agreement whereby
the County of Ocean, will provide composting services in accordance
with the attached agreement between the County and the Borough of
Beachwood.
b.
Authorization. With the adoption of this subsection, the Mayor and
Clerk are authorized to execute the attached agreement between the
County of Ocean and the Borough of Beachwood. Said agreement shall
run for a term of four years or until March 31, 1996. Said agreement
lists the duties and responsibilities of both the Borough of Beachwood
and the County of Ocean in connection with leaf composting in accordance
with the Mandatory Recycling Act as adopted by the State of New Jersey.
c.
Copy on file. From and after the date of introduction of the within
subsection, a copy of the agreement between the County of Ocean and
the Borough of Beachwood shall be on file in the Borough Clerk's
Office for public inspection Monday through Friday between the hours
of 9:00 a.m. to 4:00 p.m. The terms of said contract shall be considered
as part of the within subsection.
[Ord. #92-07, §§ 1-3]
a.
Purpose. The purpose of this subsection is to authorize the Borough
of Beachwood to enter into an Interlocal Services Agreement whereby
the County of Ocean, will provide emergency telecommunication services
in accordance with the attached agreement between the County and the
Borough of Beachwood.
b.
Authorization. With the adoption of this subsection, the Mayor and
Clerk are authorized to execute the attached agreement between the
County of Ocean and the Borough of Beachwood. Said agreement shall
run for a term of three years or until June 1, 1995. Said agreement
lists the duties and responsibilities of both the Borough of Beachwood
and the County of Ocean in connection with The Emergency Telecommunications
Services Act, N.J.S.A. 52:17C-1 et seq. as adopted by the State of
New Jersey.
c.
Copy on file. From and after the date of introduction of the within
subsection, a copy of the agreement between the County of Ocean and
the Borough of Beachwood shall be on file in the Borough Clerk's
Office for public inspection Monday through Friday between the hours
of 9:00 a.m. to 4:00 p.m. The terms of said contract shall be considered
as part of the within subsection.
[Ord. #92-15, §§ 1-3; Ord. #94-01, §§ 1,2;
Ord. #94-07, §§ 1,2]
a.
Agreement. This subsection provides for the Borough of Beachwood
to join with the Borough of Pine Beach and the Township of Berkeley
for the joint provision of the services required pursuant to the General
Public Assistance Law, N.J.S.A. 44:8-107 through 145. It is further
agreed that the Township of Berkeley shall provide the actual Local
Assistance Board and Director of Welfare requirements for all three
municipalities in accordance with an agreement to be amended on an
annual basis as agreed by Beachwood, Pine Beach and Berkeley Township.
b.
Term. The within subsection authorizes a continuing term for said
General Public Assistance Law purposes for a period of two years.
The agreement itself and any modifications thereof on an annual basis
shall be kept on file in the offices of the Beachwood Borough Clerk
for inspection during normal business hours at 315 Atlantic City Boulevard,
Beachwood, New Jersey.
[Ord. #93-01]
a.
Purpose. Municipalities of the State are empowered to provide or
to contract for first aid and emergency or voluntary ambulance or
rescue squad services for the residents of the municipality; and N.J.S.A.
40:8A-1 et seq., 40:5-2 and 40:48B-1 et seq. authorizes interlocal
or consolidated municipal services and contributors by one or more
municipalities to a duly incorporated first aid and emergency or volunteer
ambulance or rescue squad.
The governing bodies of the Boroughs of Beachwood and of Pine
Beach have found and determined that the residents of the two boroughs
would be best served by the means of an Interlocal Services Agreement.
b.
Authorization. The Mayor and Borough Attorney are authorized to negotiate
an Interlocal Services Agreement between the Boroughs of Beachwood
and Pine Beach for provisions of first aid and ambulance services
which shall include terms of contributions to be made by each borough
toward annual operating costs, insurance premiums and capital contributions
toward the purchase of approved equipment.
c.
Term; copies on file. The term of this agreement shall run for a
period of five years commencing with the adoption of this subsection
and upon execution of said agreement, copies will be made available
for public inspection in the offices of the Municipal Clerk of the
Borough during normal hours of operation.
d.
Execution. The Mayor and Clerk are hereby authorized to execute the
contemplated contract following passage of a resolution of the governing
body of each respective community, approving the terms of the contract
and the expenditures required pursuant to same.
[Ord. #93-18, § 1; Ord. #99-05, §§ 1-9]
a.
Mutual Aid Agreements--Established. Pursuant to N.J.S.A. 40A:14-156,
40A:14-156.1 et seq., there are hereby established mutual aid agreements
among and between the Borough of Beachwood and each of the following
municipalities in the County of Ocean, New Jersey, which shall become
effective upon the adoption by one or more of the noted municipalities
(hereinafter referred to as "participating municipalities") of reciprocal
ordinances to provide mutual aid in police services in case of emergency.
Township of Barnegat — Borough of Barnegat Light — Borough
of Bay Head — Borough of Beach Haven — Township
of Berkeley — Township of Brick — Township
of Dover — Borough of Harvey Cedars — Borough
of Island Heights — Township of Jackson — Township
of Lacey — Borough of Lakehurst — Township
of Lakewood — Borough of Lavallette — Township
if Little Egg Harbor — Township of Long Beach — Township
of Manchester — Borough of Mantoloking — Borough
of Ocean Gate — Township of Ocean — Borough
of Pine Beach — Township of Plumsted — Borough
of Point Pleasant — Borough of Point Pleasant Beach — Borough
of Seaside Heights — Borough of Seaside Park — Borough
of Ship Bottom — Borough of South Toms River — Township
of Stafford — Borough of Surf City — Borough
of Tuckerton and Township of Eagleswood.
This agreement shall apply whenever this municipality may have
an emergency within its boundaries requiring additional police assistance
to protect life and property, and whenever any of the aforementioned
municipalities may experience a similar emergency.
b.
Emergency--Defined S.O.P. For purposes of this section, the term
"emergency" shall be defined to include situations in which the number
of available police officers, in a participating municipality is insufficient
to meet the public need in a particular situation and situations where
police aid involving special expertise or training is required in
order to protect life and property or to assist in suppressing a riot
or disorder. No formal declaration of emergency is required to implement
the provisions of the mutual aid agreement.
c.
Requests for Assistance. The Chief or acting head of the Police Department
or Mayor, or Chief Executive Officer of a participating municipality,
is hereby authorized to request assistance from the Chief or other
head of the Police Department of any other participating municipality
to provide aid in accordance with N.J.S.A. 40A:14-156.
d.
Provision of Assistance. A participating municipality shall provide
police assistance when a valid request in accordance with this Agreement
to supply personnel is made, to the extent possible without endangering
persons or property within the confines of the providing municipality.
e.
Powers; Rights; Immunities. The members of the providing municipality's
Police Department supplying aid shall have the same powers, authority,
rights and immunities as the members of the police force of the requesting
municipality when aid is being rendered therein. Said members shall
also have, while so acting, such rights and immunities as they may
otherwise enjoy in the performance of their normal duties in the municipality
rendering such assistance.
f.
County Critical Incident Management Plan. These mutual aid agreements
established herein by and between the aforementioned municipalities
in the County of Ocean shall further authorize mutual police aid and
assistance under the County Critical Incident Management Plan as established
by the Ocean County Prosecutor, as the Chief Law Enforcement Official
in the County. The plan provides for a response by specially trained
regional Emergency Response/Special Weapons and Tactics Team in the
event of certain hostage, barricade, sniper, high risk armed apprehensions,
terrorists or similar situations occurring within a municipality within
the County of Ocean.
g.
Benefits, Injury; Death. Members of the police force of the providing
municipality suffering injury, or their legal representatives, if
death results while rendering assistance in the requesting municipality,
shall be entitled to all such salary, pension rights, workmen's
compensation or other benefits, as they would have accrued if such
injury or death had occurred in the performance of duties in their
own municipality, with such benefits to be the responsibility of the
providing municipality.
h.
Reimbursement. A municipality receiving police assistance hereunder
pursuant to the terms of the County Critical Incidental Management
Plan shall not be required to directly reimburse the regional team
for services so provided. The member municipalities shall however
otherwise support the function of the respective regional response
teams by providing the necessary manpower, equipment and supplies
on an ongoing annual basis pursuant to the terms of the County Critical
Incident Management Plan.
Where emergency police aid is otherwise provided under circumstances
outside of the County Critical Incident Management Plan, reimbursement
shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and
conditions for reimbursement specifically agreed to between specific
municipalities.
i.
Effective Date. This section shall take effect upon final passage
and publication according to law. It shall become effective with respect
to this municipality's activities with another participating
municipality, when such other participating municipality has adopted
an ordinance reciprocal to this one, and such ordinance has become
effective in that municipality.
[Ord. #83-11, § 1]
There is hereby established the unclassified position of Caseworker
in the Welfare Department of the Borough.
[Ord. #83-11, § 2]
The Caseworker shall be appointed by the Mayor with the advice
and consent of the Borough Council.
[Ord. #83-11, § 4]
The duties of the Caseworker shall be as established and assigned
by the Borough of Beachwood Welfare Director.
[Ord. #9/16/77]
A fee for the furnishing of a flood insurance certification
letter by the Borough Clerk in response to the application of any
person, firm, corporation or association. Fee shall be $10 for each
flood insurance certification letter provided.
[Ord. #9/16/77]
There is hereby established a fee to be paid by any person,
firm, corporation or association who is provided with notary services
by any notary public employee of the Borough during the course of
the employee's course of employment by the Borough. The notary
fee shall apply to the taking of oaths, acknowledgements, affidavits
and any other service requiring the affixation of a notary's
stamp, seal or signature. The amount of the fee shall be one ($1.00)
dollar for each certificate, license, deed, affidavit or other legal
document executed by the employee notary public. No fee for notary
services shall be charged for execution of any document directly related
to and concerned with matters to which the Borough is a party, including
but not limited to applications for permits or licenses, correction
of Borough records or any other bona fide Borough business matter.
[Ord. #9/16/77; Ord. #8/6/79, § 1; Ord. #87-18,
§ 1; Ord. #94-26, § 1; Ord. #2004-03, § 1;
Ord. #2005-20, § 1; Ord. #2009-02, § 1; Ord. #2010-05]
a.
There is hereby established a fee for furnishing photocopies of any
record or other document kept in the normal course of business and
except as hereinafter provided at the following rates:
1.
The fee for letter size page or smaller shall be $0.05 per page.
2.
The fee for legal size page or larger shall be $0.07 per page. If
the page exceeds the legal size page then the Borough may charge its
actual costs exceeding the $0.07 per page. If that be the case the
actual cost for duplicating the record shall be the cost of materials
and supplies used to make a copy of the record but shall not include
the cost of labor or other overhead expenses associated with making
said copy except as provided in paragraph b of this subsection.
b.
A special service charge may be imposed if the printed matter cannot
be copied by ordinary document copying equipment in ordinary business
size or involves an extraordinary expenditure of time and effort to
accommodate the request. The Borough shall charge a special service
charge in addition to the actual duplicating of the record which shall
be reasonable and shall be based upon the actual direct costs of providing
the copy or copies. The Borough shall establish rates for duplication
of particular records when the actual cost of copying exceeds the
foregoing rates which shall be established in advance by ordinance.
The requester shall have the opportunity to review the rates with
the Clerk and object to the charge prior to being incurred.
c.
Requesters shall have the right to copy documents in mediums other
than those used by the Borough of Beachwood to maintain the records.
If a request involves a request for a record involving the following,
the agency may charge a special charge that is reasonable and based
on the cost of extensive use of information technology, or for labor
cost of personnel providing the service that is actually incurred
by the agency or attributable to the agency for programming, clerical,
and supervisory assistance, or both provided:
d.
Individuals requesting duplicate cassettes or Borough recorded information
shall pay a fee of one ($1.00) dollar per cassette.
e.
Access to electronic records in nonprinted material shall be provided
free of charge, but the Borough shall charge for the actual costs
of any needed supplies for said purposes. Computer discs shall be
charged at the rate of one ($1.00) dollar per disc.
[Ord. #93-06 § 1; Ord. #94-26 § 3; Ord.
#2014-08]
a.
There is hereby established a fee for the furnishing of a certificate
of redemption of a tax sale certificate to be issued by the Borough
in the amount of $50.
b.
There is hereby established a fee of $50 to be paid by any party
entitled to redeem a tax sale certificate for the third and subsequent
requests of the amount required to redeem within a calendar year.
There shall be no fee charged for the first and second requests of
said amount to redeem.
[Ord. #93-06, § 1]
The fee for a duplicate tax bill shall be $5. In the event that
the same party or individual requests a second and or subsequent duplicate
tax bill in the same year, then the charge shall be $15.
The fee for the issuance of a duplicate tax sale certificate
is hereby established at $100.
[Ord. #2006-05, § 1]
There is hereby established a fee of $25 for a certified copy
of a birth, marriage or death certificate. If multiple copies of any
of the above certificates are requested at the same time, the charge
for the first copy shall be $25 and each additional copy shall be
charged at the rate of $5. The reduced charge of $5 shall only apply
for multiple copies of a birth, marriage or death certificate.
[Ord. #9/16/77; Ord. #10/1/79, § 1]
There is hereby established a fifteen ($15.00) dollar fee for
mailing advance notice of regularly scheduled meetings and revisions
thereof pursuant to N.J.S.A. 10:4-19. All requests for advance written
notice must be in writing to the Borough Clerk setting forth the specific
notices requested and must be accompanied by prepayment in full of
the required fee. All requests for notices made pursuant to this section
shall terminate at midnight on December 31 of each year, but may be
renewed upon a new written request for same. Upon receipt of a written
request and prepayment, the Borough Clerk shall send via ordinary
mail to the requesting person written advance notice of all meetings
of the public body concerned.
[Ord. #90-02, § 1]
There is hereby created within the Borough of Beachwood the
Office of Chief Financial Officer pursuant to Chapter 110, Public
Laws of 1988 of the State of New Jersey.
[Ord. #90-02, § 1]
The Chief Financial Officer shall be appointed by the Mayor
and Council of the Borough of Beachwood in accordance with the requirements
of N.J.S.A. 40A:9-140 et seq. and shall serve for such compensation
as set by the Borough of Beachwood salary ordinance.
[Ord. #90-02, § 1]
The officer holding the position of Chief Financial Officer
shall carry out the responsibilities as set forth under Public Law
1947, Chapter 151 of the Laws of the State of New Jersey and any and
all other duties prescribed by law as set forth and designated by
the Mayor and Council of the Borough.
[Ord. #91-02, § 1; Ord. #94-26, § 2;
Ord. #97-27, § 1]
a.
There is hereby established a return check charge of $20 for any
check that is received by the Borough of Beachwood and subsequently
returned to the Borough by its banking institution after deposit.
This shall apply to checks returned to any department within the Borough
of Beachwood. Additionally, this section authorizes the appropriate
municipal officer to demand that future payments be tendered in cash
or by certified or cashier's check or money order on any account
where a check tendered for payment on such account is returned for
insufficient funds. In addition, the service charge aforesaid may
be collected in any manner authorized by P.L. 1990, Chapter 105.
b.
In the event that any water utility customer or account is given
notice that their water service will be shut off due to nonpayment
of said account, said customer shall be required prior to the date
and time of shutoff to bring said account current by payment of cash,
certified check, cashier's check or money order to said Water
Utility Department. This section is being enacted as a result of the
high number of bad checks given to the Borough in response to shutoff
notices.
[Ord. #98-02, § 1]
There is hereby established the Office of Public Defender of
the Borough of Beachwood. The position shall be paid in accordance
with the appropriate salary ordinance. Said position shall be awarded
as a "Professional Service" from time to time.
[Ord. #98-02, § 1]
An application for the services of Public Defender shall be
submitted to the Municipal Court Administrator. The maximum fee for
said application shall be $200. The Municipal Court Judge shall have
the discretion to waive the application fee only upon a clear and
convincing showing that the application fee represents an unreasonable
burden on the person seeking representation. Said fee will be paid
at once, or in installments over a period of four months or less.
[Ord. #2000-8, § 1]
The following fees are hereby established for advertising on
the Borough's web site. The fees shall remain in existence until
they are amended or changed as required:
a.
Circulating Banner Sponsor. A fee of $250 per year payable in advance
and based on the application as established by the Borough. This shall
consist of a standard constructive banner for random display on all
banner pages of beachwoodusa.com. This banner will also click to your
extended listing or existing web site.
b.
Single-Page Extended Listing. A fee of $150 per year. Applicant shall
prepare their ad on 8 1/2" x 11" to be 100 words or less - one
graphic and list hyperlink location.
[Ord. #2000-8, § 2]
The Borough reserves the right to reject any application if
it determines in its sole discretion that the advertising does not
meet with Beachwood Borough community standards. Advertisers that
are excluded shall include, but not be limited to, adult orientated
materials or businesses.
Former Section 2-33, Municipal Authorization for Charitable Organizations to Solicit on Roadways, previously codified herein and containing portions of Ordinance 2000-13 may now be found in Section 4-12.
[Ord. #2002-7, § 1]
The Borough hereby establishes a policy to provide access to
the public for records subject to the "Right-to-Know" Law as amended,
the common law and subpoenaed records pursuant to pending litigation
and/or court order which may be subject to judicial review.
[Ord. #2002-7, § 2]
a.
All requests for public records shall be made through the office
of the Municipal Clerk on a form approved by the Borough. No request
for public records shall be honored without a properly filled out
form, except for documents requested by the Mayor and/or Borough Council,
the Borough Attorney or other Borough Special Counsel, and tax record
card requested by taxpayer to the Tax Assessor, pursuant to a pending
Ocean County Board of Taxation or New Jersey State Tax Court appeal(s).
b.
All requests for public records by taxpayers, citizens, newspaper
reporters, attorneys and other applicable parties directed to department
heads or other Borough officials/employees shall be directed to the
Municipal Clerk's Office which will serve as the repository of
such requests and the dissemination of said forms to obtain public
records not within the Clerk's control/possession.
[Ord. #2002-7, § 3]
a.
Immediate Access. One working day shall be granted for such items
as budgets, bills, vouchers, contracts including collective negotiation
agreements and individual employment contracts and public employee
salary and overtime information.
b.
Upon receipt of a request for other public records, if said records
are public, the Borough will endeavor to honor such request within
seven working days of the receipt of said request. "Working days"
are defined as Monday through Friday, excluding holidays and weekends.
However, there will be times when, due to the nature or extent of
the request or manpower, the Borough will be unable to honor the request
within seven working days; if such, the Borough shall attempt to complete
such request as soon as feasibly possible.
c.
All persons requesting public records must understand that the public
business of the Borough will take precedence over a record request
especially where such request is a broad or far-reaching information
request.
[Ord. #2002-7, § 4]
All requests for public records shall, except for requests by
Borough employees/officials acting in their official capacity and
nonprofit organizations, be subject to the Borough's policy as
to copying costs.
[Ord. #2002-7, § 5]
The following records, or types of records, which are not public
and shall not be made available to the public are, but not limited
to, the following:
a.
Records of a personal nature regarding Borough officials, employees
and/or other applicable individuals.
b.
Medical records of Borough officials, employees and/or other applicable
individuals.
c.
All records exempted by State and/or Federal statutes, rules and/or
regulations.
d.
All records exempted by presidential and/or gubernatorial executive
order.
e.
All records which are exempted from the definition of "public records"
pursuant to N.J.S.A. 47:1A-1 et seq.
f.
Confidential police investigation reports as set forth in N.J.S.A.
47:1A-1.
g.
Work product or notes of Borough officials/employees.
h.
Council closed session minutes involving personnel matters. Council
open session minutes shall not be considered public records until
such time as they are approved by the Borough Council. Council closed
session minutes, other than involving personnel matters, shall not
be considered public records until such time as they are approved
by the Borough Council and the matter(s) in question have been concluded
pursuant to the provisions of N.J.S.A. 10:4-6 et seq. They may not
be made public if they contain personal information as exempted by
N.J.S.A. 47:1A-1. A report prepared for review by the Mayor and Borough
Council shall not be deemed a public record until at least seven calendar
days after disbursement of the report by the Municipal Clerk to the
Mayor and Council or the next Council meeting, whichever is later.
[Ord. #2002-07, § 6]
Request forms for public information shall be supplied by the
Borough Clerk. Said form shall include:
a.
Specific directions and procedures for requesting a record;
b.
A statement as to whether prepayment of fees or deposit is required.
The law also provides that the custodian may require a deposit against
costs for reproducing documents sought through an anonymous request
whenever the custodian anticipates the information requested will
cost in excess of $5 to reproduce.
c.
The time period within which the public agency is required to make
the record available, i.e. seven business days or greater if the records
are archived;
d.
A statement of the requestor's right to challenge a decision
by the public agency to deny access and the procedure for filing an
appeal;
e.
Space for the custodian to list reasons if a request is denied in
whole or in part;
f.
Space for the requestor to sign and date the form;
g.
Space for the custodian to sign and date the form if the request
is fulfilled or denied.
[Ord. #2002-07, § 7]
Not all requests for public records do, in fact, lead to the
copying, review and/or release of such records. A public record may
be a public record under common law, but may not be a public record
under the "Right-to-Know" Law (N.J.S.A. 47:1A-1 et seq.), or vice
versa, or it may be or may not be a public record under any other
legal statute, rules, regulations and/or court decision. The Municipal
Clerk shall seek the opinion of the designated Borough Attorney as
to whether or not a record is public if there is any question as to
its potential copying, review and/or release.
[Ord. #2002-07, § 8]
In the event that any subsection of the within section is deemed
to be in conflict with the New Jersey "Right-to-Know" Law, said law
shall take precedence over the specific subsection.
[Ord. #2002-09, § 1]
The purpose of the within section is to remember those individuals
who have lost their lives as a result of a drunk driver and to allow
the posting of a MADD sign to memorialize the individual lost and
warn the driving public of the dangers imposed by driving while intoxicated.
[Ord. #2002-09, § 2]
The within section authorizes the installation of a MADD sign
along the Borough's rights-of-way. The individual requesting
the memorial sign shall pay the actual costs incurred by the Borough
for acquiring said sign. The Borough shall install said sign at no
charge to the individual on a breakaway signpost. The sign shall be
white in color with a red broken heart and bear the words "We'll
Remember You" which signifies the tremendous loss felt by family and
friends. It also bears the Mothers Against Drunk Drivers logo. An
additional sign above bears the name of the victim being memorialized.
[Ord. #2005-01, § 1]
There is hereby created within the Borough of Beachwood the
position of Borough Administrator. The Borough Administrator shall
be appointed by the Mayor with the consent of the Council and shall
serve at the will of the governing body. Said individual shall be
chosen solely on the basis of executive and administrative qualifications
with special reference to actual training in governmental affairs,
education, experience and training as evidenced by a degree from a
recognized four-year college in public administration, business administration
or a related field and by actual experience as a municipal administrator
or assistant municipal administrator.
[Ord. #2005-01, § 2]
a.
The Business Administrator shall serve at the will of the governing
body and may be removed by a 2/3 vote of the governing body in accordance
with N.J.S.A. 40A:9-138.
b.
The Mayor and Council shall establish the compensation package of
the Borough Administrator by resolution. The salary range shall be
$60,000 to $100,000.
[Ord. #2005-03, § 3]
The Borough Administrator shall:
a.
Hold the position of Director of the Department of Administration
and as such shall supervise and maintain the Division of Personnel,
Budget, Data Processing and the Department of Administration in general.
b.
As Chief Administrative Officer of the Borough, direct and supervise
the administration of all departments and offices of the Borough government
following consultation with the Mayor and Council. The authority of
the governing body to supervise the administration of all departments
shall be transmitted through the Office of the Borough Administrator
where not prohibited by State statute and all subordinate employees
of the Borough shall be responsible to said authority. It shall further
be the duty of the Administrator to closely supervise and oversee
all operations of the Public Works Department.
c.
Recommend, implement and enforce the procedures and policies of the
governing body for the coordination, compilation, edition and prompt
dissemination and release of public information.
d.
Recommend to the Mayor and Council adoption of such measures as he
or she may deem necessary or expedient for the health, safety or welfare
of the community or for the improvement of services of the Borough
and recommend the nature and location of public improvements authorized
by the Mayor and Council.
e.
Prescribe and enforce rules and regulations for the efficient management
of the Borough.
f.
As a representative of the Borough, receive and reply to all inquiries
and complaints concerning Borough business; provide information and
assistance; and remedy or cause to be remedied the source of any just
complaint. The administrator shall further prepare and submit reports
as needed of his findings and determinations to the Mayor and Council
for their consideration and action.
g.
Attend all types of meetings as directed by the Mayor and Council
including, but not limited to, all meetings of the Borough Council
unless excused and take part as necessary in the discussion of all
matters coming before the Mayor and Council.
h.
Act as a liaison between the Mayor and Council and the various Borough
boards, agencies and departments of the Borough.
i.
Supervise and coordinate the work of the Borough Attorney and the
Borough Engineer in all affairs that concern the Borough.
j.
Consolidate or combine offices, positions, departments or units under
his or her jurisdiction, with the approval of the governing body,
and may be the head of one or more departments.
k.
Negotiate contracts for the Borough as authorized by and subject
to the approval of the Mayor and Council. He or she shall ensure that
all terms and conditions favorable to the Borough in any statute or
contract are faithfully kept and performed and, upon knowledge of
any violation, shall call the same to the attention of the Mayor and
Council.
l.
Supervise and assist in the preparation of the budget and administer
budgetary controls.
m.
Prepare and submit to the Mayor and Council, at the end of each year,
a complete report of the Borough affairs including the finances and
administrative activities of the Borough for the preceding year. The
report shall also contain individual reports from each department
head.
n.
Study continually present and future budgets, including the development
of the annual budget, through close workings with the Borough Auditor
and the Borough's Finance Department. Oversee purchasing procedures,
administrative procedures, and personnel policies and implement policies
to increase the efficiency of the Borough operation and make recommendations
as needed to the Mayor and Council for their consideration and action.
o.
Act as hearing officer in all employee disciplinary proceedings unless
otherwise directed by the Mayor and Council or by a collective bargaining
agreement. The Administrator shall have the authority to suspend any
employee for a period of up to three days to investigate complaints
in regard to Borough employees. Stronger measures shall require the
approval of the Council. In any case where a conflict of interest
may exist or appear to exist, he or she shall designate a department
director to act as a hearing officer in his or her place.
p.
Be authorized to grant any employee a disability leave of absence;
a disability leave of absence without pay; an injured-on-duty leave
of absence; a personal leave of absence as provided for by the Family
Leave Act; or any such other leave of absence as may be permitted
by law.
q.
Be authorized to appoint any seasonal or part-time employee for a
period of up to 30 days with the approval of the Borough Council.
r.
Perform such other duties as may be required by the governing body
consistent with the laws of the State of New Jersey or the ordinances
of the Borough.
s.
Render a report, before separation from the Borough, on all activities
of the Borough from the date of his or her last report to the date
of his or her separation.
t.
Be responsible for the overall supervision and maintenance of real
property owned by the Borough.
[Ord. #2005-03, § 4]
The Borough Administrator will receive benefits as negotiated
at the time of employment.
[Ord. #2005-26, § 1]
Notwithstanding any other provision of the law to the contrary,
the Borough or any other board, authority, agency or instrumentality
thereof, shall not enter into a contract that is exempt from public
bidding under N.J.S.A. 40A:11-5, when such contract has an anticipated
value in excess of $17,500 as determined in advance and certified
in writing by the Borough, board, authority, agency or instrumentality
thereof, with a business entity, if, during the preceding one-year
period, that business entity has made political contributions that
are reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to
any municipal committee of a political party in the Borough if a member
of that political party is serving in an elective public office of
the Borough when the contract is awarded or to any candidate committee
of any person serving in an elective public office in the Borough
when the contract is awarded. This shall not apply to contributions
made during 2005 as established by law.
[Ord. #2005-26, § 1]
A business entity that has entered into a contract having an
anticipated value in excess of $17,500 with the Borough, or any agency,
board, authority or instrumentality thereof, shall not make a contribution
that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq.,
during the term of the contract, to any municipal committee of a political
party in the Borough if a member of that political party is serving
in an elective public office of the Borough when the contract is awarded,
or to any candidate committee of any person serving in an elective
public office of the Borough when the contract is awarded, during
the term of the contract.
[Ord. #2005-26, § 1]
b.
Any professional service entity or other business entity providing
services to the Borough of Beachwood, without a requirement for public
bidding in accordance with N.J.S.A. 40A:11-5, shall be subject to
a fair and open process for selection. That fair and open process
is set forth in paragraph c below, which establishes criteria for
the fair and open process for contract awards.
c.
The fair and open process established by the Borough of Beachwood
shall require the following:
1.
The solicitation of proposals for any professional position or service
contract or other contract not subject to bidding pursuant to N.J.S.A.
40A:11-5, which shall expire as of December 31 of that calendar year,
shall be published and advertised by the municipal appointing authority
or its designee either in two official newspapers of the Borough of
Beachwood for publication of notices, or on the Borough's website,
or both, not later than December 15. The published notice shall set
forth the name of the position or contract which is to become open,
and set forth the criteria to be considered and materials required
to be submitted by the applicant.
2.
Should the applicant be a professional requiring licensure in the
State of New Jersey, said applicant shall be licensed for a period
not less than five years.
3.
The applicant shall submit a "Certificate of Good Standing" or other
similar document evidencing that the professional's license is
not presently suspended or revoked.
4.
The applicant shall submit a resume which shall set forth information
including, but not limited to, the following (as applicable to a business
entity or individual professional):
(a)
Full name and business address;
(b)
A listing of all post high school education of the applicant;
(c)
Dates of licensure in the State of New Jersey and any other
State;
(d)
A listing of any professional affiliations or memberships in
any professional societies or organizations, with an indication as
to any offices held therein;
(e)
The number of licensed professionals employed by/affiliated
with the business entity or the business entity which employs the
applicant;
(f)
A listing of all special accreditations held by the individual
licensed professional or business entity;
(g)
A listing of all public entities currently or previously served
by the business entity or licensed professional, indicating the dates
of service and position held.
5.
The applicant shall submit a compensation proposal, which shall include
a flat fee or hourly rate or other proposal, as appropriate.
d.
The municipal appointing authority shall thereafter publicly select
the professional or business entity for the position so advertised
which shall thereafter be confirmed or approved as required by law.
e.
The awarded contract shall be published in the official newspaper
of the Borough of Beachwood for publication of notices in accordance
with N.J.S.A. 40A:11-5.
f.
The decision of the Borough of Beachwood as to what constitutes a
fair and open process shall be final.
[Ord. #2006-17, § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the responsibility of the Borough
of Beachwood to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
[Ord. #2006-17, § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Beachwood to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
Shall mean the employee charged by the Mayor and Borough
Council with the responsibility for oversight and administration of
the affordable housing program for the Borough of Beachwood.
[Ord. #2006-17, § 1]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established in the position of Municipal Housing Liaison for
the Borough of Beachwood. The Mayor shall appoint the Municipal Housing
Liaison, with the advice and consent of the Borough Council, to serve
upon appointment by the Mayor and approval by resolution of the Council
and subsequently for a term of one year commencing on January 1 of
each year and until the appointment and qualification of his successor.
In the event the Mayor shall not appoint the Municipal Housing Liaison
or the Council shall fail to confirm such appointment within 30 days
next succeeding January 1 of each year, the Council shall make such
appointment at the expiration of the thirty-day period.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison may be a full or part-time municipal
employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Beachwood, including the following responsibilities which may not
be contracted out:
1.
Serving as the primary point of contact in the Borough of Beachwood
for all inquiries from the State, affordable housing providers, Administrative
Agents, and interested households;
2.
Monitoring the status of all restricted units in the Borough of Beachwood
Fair Share Plan;
3.
Compiling, verifying, and submitting Annual Monitoring Reports as
required by COAH;
4.
Coordinating meetings with affordable housing providers and administrative
agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in Borough of Beachwood as described in paragraph
f below.
d.
Subject to approval by COAH, the Borough of Beachwood may contract
with or authorize a consultant, authority, government or any agency
charged by the governing body, which entity shall have the responsibility
of administering the affordable housing program of Borough of Beachwood.
If the Borough of Beachwood contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and Affirmative Marketing Plan, the Municipal Housing Liaison
shall supervise the contracting Administrative Agent.
e.
Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with an Affirmative Marketing
Plan of Beachwood Borough and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households; and
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Borough of Beachwood.
(g)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Beachwood and the provisions of N.J.A.C. 5:80-26.15;
and
(h)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualifications, rental lease requirements,
and landlord/tenant law.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County's register of deeds or County Clerk's office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air-conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other
appropriate municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(h)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Ord. #2007-07, § 1]
The purpose of the within section is to implement the provisions
of N.J.S.A. 40:48-1.4 to allow for criminal history background checks
of employees, licensees and certain service providers in an effort
to protect the health and welfare of the Borough.
[Ord. #2007-07, § 2; Ord. No. 2016-13]
The Borough Administration/designee, through the Chief of Police,
is hereby authorized to request a criminal history record background
check for purposes including, but not limited to, employment, licensing,
the procurement of services inclusive of volunteers that may work
or have contact with minors. The requested individuals shall submit
to being fingerprinted in accordance with applicable State and Federal
Laws, Rules and Regulations. The Administrator through the Police
Chief is authorized to exchange fingerprint data with and receive
criminal history record information from the State Bureau of Identification
and the Division of State Police and the Federal Bureau of Investigation.
Fingerprint data shall be submitted to the Statute Bureau of Identification.
The State Bureau shall receive all criminal history record information
from the Federal Bureau of Investigation and shall disseminate that
information to the officer or official as provided herein.
[Ord. #2007-07, § 3]
The Borough shall submit fees for said criminal history record
background checks to the State Bureau of Identification.
[Ord. #2007-07, § 4]
The Borough shall comply with any and all procedures as promulgated
by the Attorney General of the State of New Jersey pursuant to the
Administrator Procedures Act.
[Ord. #2008-14, § 1]
The purpose of the within section is to establish a fee of $150
for the performance of wedding ceremonies within the Borough of Beachwood
by the Mayor or President of Council (as legally appropriate) in compliance
with the guidelines established by the New Jersey Division of Local
Government Services. The section will further establish a fee to be
paid to the Mayor or President of Council (as legally appropriate)
in the sum of $100.
[Ord. #2008-14, § 2]
It is hereby established within the Borough of Beachwood a fee
of $150 for the performance of a wedding ceremony by the Mayor or
President of Council (as legally appropriate).
[Ord. #2008-14, § 3]
The Mayor or President of Council (as legally appropriate) shall
receive a fee of $100 per wedding ceremony. Said fee can be paid upon
submission of the proper voucher by the Mayor or President of Council.
[Ord. #2009-16, § 1]
The purpose of the within section is to adopt a policy establishing
a lower absentee threshold than that established in N.J.S.A. 40A:9-12.1.
It is the belief of the governing body that the hereinafter established
absentee policy will help the various boards, commissions, committees,
and authority to better function and perform their duties.
[Ord. #2009-16, § 1]
In the event that a member of a board, committee, commission
or authority established within the Borough of Beachwood fails to
attend and participate at meetings of such body for a period of six
consecutive weeks, or three consecutive meetings, whichever shall
be of a longer duration, without being excused, the Secretary or Acting
Secretary of said body shall notify the governing body in writing
of that determination. Said board, committee, commission or authority
may refuse to excuse said absences only with respect to those failures
to attend or participate which are not due to legitimate illness.
[Ord. #2009-16, § 1]
The governing body upon being presented with the above determination
by the Board, committee, commission or authority shall deem said position
vacant and proceed to fill said appointment for the unexpired term
in accordance with the appropriate statute.
(This section was ratified by the voters by public question
on November 5, 2013)
[Ord. #2011-07, § 1; Ord. #2012-02, § 1;
Ord. #2013-06, § 1]
The purpose of the within section is to establish the Length
of Service Award Program for the Beachwood First Aid Squad, Inc. The
Beachwood First Aid Squad, Inc. serves the Borough of Pine Beach,
as well as Beachwood, and contributions will be established on the
basis of 70% for Beachwood and 30% for Pine Beach. The program is
to reward members of the Beachwood Volunteer First Aid Squad, Inc.
for the years of loyal and devoted service to the residents of the
Borough of Beachwood and the Borough of Pine Beach. If the Beachwood
First Aid Squad, Inc. disbands, or ceases to operate, no financial
contributions will be made. This shall not affect accumulated proceeds
which shall remain in trust.
[Ord. #2011-07, § 2; Ord. #2012-02, § 2;
Ord. #2013-06, § 2]
The LOSAP shall provide for fixed annual contributions to the deferred income account for each member of the Beachwood First Aid Squad that meets the criteria set below. Such contribution shall be made in accordance with a plan that shall be established by the sponsoring agency, Borough of Beachwood, which shall be identical to a similar plan to be adopted by the Borough of Pine Beach and it shall be serviced by a single contractor. The plan shall be administered in accordance with the Laws of the State of New Jersey, the U.S. Internal Revenue Code and this subsection. Said initial plan point system is attached hereto as Schedule A. (Schedule A is included as an attachment to this chapter.)
[Ord. #2011-07, § 3; Ord. #2012-02, § 3;
Ord. #2013-06, § 3]
The length of LOSAP shall provide for annual contributions to
each eligible member that meets the criteria as follows:
a.
The fixed annual contribution shall be $750 per eligible member per
qualifying year.
b.
The estimated cost of the program annually has been calculated as
follows:
50 members x $750.00 per member = $37,500.00
Prorated on the basis of 70% responsibility to Beachwood and
30% responsibility to Pine Beach with a maximum of $15,000 from Pine
Beach.
c.
A minimum of 100 points per year must be earned in order to qualify
for the LOSAP program.
d.
The point system hereby established is included as an attachment to this chapter as Schedule "A."
[Ord. No. 2019-09]
The purpose of this section is to establish the part-time position
of Qualified Purchasing Agent for the Borough of Beachwood in order
to provide more efficient and effective methods and procedures to
acquire goods and services for the Borough.
[Ord. No. 2019-09]
The position of part-time Qualified Purchasing Agent is hereby
established for the Borough of Beachwood. Said individual being appointed
shall hold a Qualified Purchasing Agent Certificate issued by the
State of New Jersey, Department of Community Affairs, Division of
Local Government Services. It shall be their duty, as directed by
the governing body, to have the authority, responsibility, and accountability
for the purchasing activity for the Borough, to prepare public advertising
for bids and to receive bids for the provision or performance of goods
or services on behalf of the Borough and to recommend the award of
contracts permitted pursuant to N.J.S.A. 40A:11-3. Said person shall
conduct any activities as may be necessary or appropriate to the purchasing
function of the Borough. Said position shall be part-time and said
individual may hold another full time position.
[Ord. No. 2019-09]
The Qualified Purchasing Agent shall receive the amount as determined
by the Mayor and Council.
[Ord. No. 2019-09]
The Qualified Purchasing Agent shall serve at the pleasure of
the Mayor and Council.
