[Adopted by the Township Committee of the Township of Lumberton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-26-2016 by Ord. No. 2016-01[1]]
[1]
Editor's Note: This ordinance also repealed Ord. No. 2011-3-003,
adopted 5-17-2011, which ordinance established emergency medical and
emergency rescue services. This ordinance also stated that its tax
provisions shall take effect on the first day of the first full month
occurring 30 days after the date of transmittal to the State Treasurer.
The preamble to this article stated as follows:
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WHEREAS, the Mayor and Township Committee hereby
wishes to repeal the previous Ordinance 2011-3-003 in its entirety
and replace it with the foregoing article outlined herein; and
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WHEREAS, the Mayor and Township Committee hereby
desires to fully designate and officially authorize an entity for
handling of emergency medical services for the Township of Lumberton;
and
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WHEREAS, the Mayor and Township Committee are granted
the authority to recognize and authorize an emergency medical service
company within the Township of Lumberton by New Jersey State Statute;
and
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WHEREAS, the Township has in the past and continues
to require an emergency medical service's efficiency and reliability
to be consistently performed so that the emergency medical service's
necessary personnel arrive at the Township's facility and responding
to the place of the emergency call within the standards that are generally
consistent and acceptable to the New Jersey Department of Health's
Office of Emergency Medical Services; and
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WHEREAS, the Township continues to require the
above-mentioned standards as established by the New Jersey Department
of Health's Office of Emergency Medical Services and meet those standards
90% of the time that the provider is dispatched to a medical emergency;
and
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WHEREAS, the Township Committee of Lumberton Township
believes it is in the best interests of the health, safety and welfare
of Lumberton Township residents and taxpayers, as well as those travelling
through the Township of Lumberton, to insist upon the greatest degree
of quality performance and efficiency from any medical service provider
or rescue service provider so that the 90% standards articulated in
the previous two Whereas Clauses are achieved and maintained; and
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WHEREAS, the Township of Lumberton finds it to
be in the best long-term interests of the citizens, residents, and
taxpayers of Lumberton Township, as well as those persons entering
into and/or passing through the Township, for the Township to make
reliable emergency medical service functions ones for which the Township
has ultimate responsibility.
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All of the terms, provisions and statements contained within
the whereas clauses that form a preface to this article are hereby
repeated and incorporated herein by reference, as if set forth at
length, and the terms of those whereas clauses are specifically made
findings of the Township Committee of Lumberton Township.[1]
For purposes of this article, the following words shall have
the meanings set forth hereafter:
Emergency medical services provided by an entity licensed
to perform such services, whether such entity is a private or public
entity.
The entity that provides emergency medical services to the
residents and taxpayers of Lumberton Township or to those individuals
passing through Lumberton Township. At the time of the introduction
of this amendment to the Code of Lumberton Township, the Lumberton
Emergency Squad, Inc., is serving in the capacity of the emergency
medical service provider.
Is defined as emergency medical services.
A provider of emergency medical services as defined herein.
A.
It is the policy of Lumberton Township to establish standards for
and to assist in the provision of emergency medical services to the
residents, citizens and taxpayers of Lumberton Township and to those
persons who are within Lumberton Township temporarily, whether for
business or personal reasons or while passing through the Township.
B.
The Township may implement this policy through any technique known
to be available, including but not necessarily limited to:
(1)
The provision of emergency medical services through agreement with
one or more properly licensed medical service providers;
(2)
Shared services or interlocal services with another municipality
or municipalities, in sufficiently close proximity to provide those
services pursuant to the standards set forth herein;
(3)
Through competitive bidding;
(4)
Municipal employees of Lumberton Township; or
(5)
Through any other technique available to Lumberton Township for the
safety and well-being of persons within the Township.
C.
Any for-profit or not-for-profit providers of emergency medical services,
other than those provided pursuant to mutual aid systems in place
within Burlington County, shall enter into agreements with the Township
for the provision of those services.
Whether the Township utilizes any of the four methodologies identified in § 12A-4 hereof, or if the Township utilizes a different system, the Township Committee requires a third-party billing system such as the one currently in place.[1] The purpose of such system is to assist in the funding of emergency medical services utilized within Lumberton Township. The funds collectible and/or collected through any such third-party system are determined to be funds imbued with a public trust to be utilized exclusively for the purposes identified herein and not for the benefit of any person, entity, official, officer or member of any organization, whether the Township or any other entity fitting within the definitions of § 12A-4B(1) through (4) hereof. The Township shall from time to time review the provisions of this section and make further adjustments to these provisions to effectuate the purposes identified herein. The Township shall make reasonable inquiries as set forth herein, or additional reasonable inquiries if not set forth herein, that all funds coming into the hands of the Township or any provider of emergency services are treated in the manner identified herein.
A.
Regardless of what model the Township chooses to provide the emergency medical services defined herein [as set forth in § 12A-4B(1) through (4)] the third-party billing system must have the following attributes:
(1)
Persons who have health insurance to cover any emergency services
as defined herein who receive Lumberton Township emergency medical
services are expected to cooperate with said emergency service's professional
billing system to secure full payment for services rendered to the
full extent that those services are covered by insurance. It is recognized
by the Township that the breadth of services covered by insurance
varies over time and the scope of such insured services contracts
and expands. It is the purpose of this article that any service provided
to any person by a Lumberton Township emergency provider shall be
the subject of an appropriate billing system, including an appropriate
third-party billing system, if permitted by law, and that all monies
recovered by that system shall be utilized in the manner set forth
herein.
(2)
In the event a taxpayer or domiciled resident of the Township of
Lumberton does not have health insurance or if his/her health insurance
only pays a partial payment, full payment shall still be required
as provided by federal law with relief being granted upon a hardship
being presented.
(3)
Due to the complexities of the preparation and processing of insurance
claims, interest shall not be charged on Lumberton emergency services
billing.
(4)
After providing emergency services, the provider of the emergency
medical service shall transmit all pertinent billing information to
the professional medical billing service for collection. The professional
medical billing service shall be responsible for receipt of payment
and proper recordkeeping of its collections. Payments received by
the professional billing service shall, thereafter, be transmitted
electronically to a designated account of the provider of the emergency
medical service provider or, if the provider is the Township, then
to the Township of Lumberton. In the event those funds are transmitted
to the Township, such funds shall be administered by the Lumberton
Township Chief Financial Officer (CFO) under the direction and supervision
of the Township Committee and be subject to audit in a manner similar
to current auditing requirements imposed upon municipal government
in the State of New Jersey. The provider of the billing services shall
prepare a reconciliation report and shall self-monitor its operations,
including billing activities and receipt of funds.
A.
In the event the provision of emergency services is by a method set forth in § 12A-4B, the provider of the services shall provide specific documentation to the Township. This documentation shall include:
(1)
An annual comprehensive activity report, sometimes commonly referred
to as a "Chief's report," that shall provide information and data
reporting the total calls received by the emergency service provider,
the number of such calls responded to, the number of such calls not
responded to and the number of calls responded to by other providers.
The comprehensive activity report shall include average dispatch times
supported by central communications reports. The said report must
report all active members of the provider's organization, the number
of new members actively involved since the last report, current efforts
at further recruitment, the nature of recruitment goals, and all members'
current training records.
(2)
Monthly call reports, detailing the number of calls that month with
corresponding times and activities are required to be submitted at
the monthly Public Safety Meetings held with the Township Administrator
and Township Committee Liaisons.
(3)
A copy of all policies and procedures utilized by the emergency service
provider.
(4)
A reviewed income statement.
(5)
A reviewed balance sheet.
B.
The reports identified in Subsections A(4) and (5) hereof shall be prepared by an independent auditor. The purposes for which the Township requires the submission of such reports include:
(1)
The need for the Township to understand the efficiencies within the
emergency service provider's operation;
(2)
Whether providers are meeting the standards set forth within these
provisions for arrival at the provider's location (standards as established
by the New Jersey Department of Health's Office of Emergency Medical
Services), arrival at the location where the emergency services are
to be performed (standards as established by the New Jersey Department
of Health's Office of Emergency Medical Services) and the frequency
with which these standards are being met. The Township's standard
on such frequency is articulated hereinbefore as 90% of the time;
(3)
To provide to the public at large the ability to know and understand
the use of all funds coming into the hands of nonpublic entities that
are performing public functions on behalf of Lumberton Township; and
(4)
To generally maintain the highest integrity, transparency and professionalism
in the performance of public functions.
C.
To effectuate this, the Township requires the annual provision to
the Township, no later than February 15 of each calendar year, for
all documents other than the reviewed audited financial statements
of the provider(s) prepared by an independent firm, which shall be
handed in no later than May 15 of each calendar year.
All paperwork submitted pursuant to § 12A-6 hereof shall be in the hands of the Township no later than February 15 of every calendar year and for the audit of financial operations of the provider(s) prepared by an independent firm no later than May 15 of every calendar year. The reports shall cover the period of time consisting of the entire calendar year ending on December 31 immediately prior to the February 15 and May 15 deadline. Reports shall be considered as submitted in a timely fashion if they are in the hands of the Township Administrator and/or Municipal Clerk on or before February 15 at 4:00 p.m. In the event that February 15 falls on a weekend or other day that the Township is not open for business, the report shall be submitted no later than 4:00 p.m. on the next immediately following business day of the Township.
The Township does not have and shall not acquire the right of
management over any private emergency medical service that fits within
the definition of providers herein. The Township may not cause there
to be hiring, firing, discipline, or other personnel action between
the provider and its employees or volunteers, the expenditure of funds
in a particular manner or other management prerogative upon a private
provider's operation. The Township's sole remedy for nonperformance
of all requirements imposed herein upon any service provider is to
terminate the contract between the Township and the provider or otherwise
not renew an annual contract when the Township obtains information
that the provider is not satisfying the standards or obligations set
forth herein, in the sole discretion of the Township. Nothing herein
shall preclude the provider of the emergency services to request the
Township to assist in effectuating changes to the manner of operation
of the provider if the provider believes such assistance can add to
the quality of the services provided and contribute to the maintenance
of the standards identified herein.
All persons needing emergency services within the Township of
Lumberton shall be serviced, to the extent that such services are
available, without discrimination on any basis, and without respect
to residency, ability to pay, or any other factor. No person located
within Lumberton Township at the time that emergency medical services
are needed shall be denied available service when such services are
available.
There shall be no delay in providing available service identified
in this article due to any third-party billing, prior interaction
between the person needing emergency medical services and the billing
companies or the emergency service provider.
A.
These standards have been articulated hereinbefore within the whereas
provisions of this article.[1] Even though said whereas clauses were incorporated herein
by reference, the Township Committee of Lumberton Township specifically
determines the standards of performance for all emergency medical
and emergency rescue services to be as follows.
B.
Emergency medical service provider's personnel must arrive at the
Township's Emergency Squad's facility within standards as established
by the New Jersey Department of Health's Office of Emergency Medical
Services of the emergency call being placed so that the emergency
medical care provided to persons within the Township can be on location
where the emergency service is needed within standards as established
by the New Jersey Department of Health's Office of Emergency Medical
Services of such emergency call being placed. These standards must
be executed by the medical service provider no less frequently than
90% of the time that there is a dispatch to provide emergency medical
services.
A.
Real property. The real property located at or adjacent to Municipal
Drive, Lumberton, New Jersey, is the property of the taxpayers of
Lumberton Township. During a large portion of that time, the property
has been occupied by the Lumberton Emergency Squad, Inc. A condition
of any future agreement between the Township and the Lumberton Emergency
Squad, Inc., or any other provider of emergency medical services that
will utilize the said real property, is to enter into a lease agreement
for the property. The term of such lease shall be equal to the length
of any contract between the Township and the emergency medical provider.
The Township requires the utilization of the said real property for
the provision of public services consisting of emergency medical services.
In furtherance thereof, the Township shall not allow the building
to be occupied by any persons or entity not providing this emergency
service to the Township pursuant to this article and pursuant to a
written lease.
B.
Personal property. The Township owns ambulances and/or specialized
vehicles, as well as substantial amounts of equipment as set forth
in Exhibit A hereto.[1] The failure to list such further equipment that may exist
or to describe with specificity items utilized currently by the Lumberton
Emergency Squad, including but not limited to motor vehicles, shall
not constitute a waiver of the Township's rights in said equipment
and rolling stock.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
C.
The Township shall make available all of this property to any provider
of emergency medical services if such property can be utilized by
such emergency service provider. The Township shall require each lease
of the real property, identified hereinbefore, to contain provisions
that the use of the personal property is exclusively related to the
provider's fulfillment of its contract with the Township to provide
the emergency services identified. In the event there is a failure
to renew a contract between the Township and an emergency service
provider, the said provider that had the right to enter into the real
property pursuant to prior contract and/or lease agreement shall vacate
the real estate within 48 hours of receiving notice from the Township
that the tenant will not be reappointed and/or the contract between
them will not be renewed. Such notice shall be provided in writing
and delivered to the leased premises. The Township shall take all
reasonable measures to ensure that all officials and officers of the
current occupant of the real estate are notified that its rights to
maintain possession of the property are concluded.
D.
Upon the tenant's vacation of the premises, the emergency provider/tenant
must leave all Township property and all other property acquired by
it that is utilized in the performance of the emergency service(s)
at the location of the real estate in the normal location where such
personal property is generally kept. Upon such notice and vacation,
the tenant shall also make full disclosure to the Township of all
cash that it maintains on hand. In the event that the emergency service
provider is not utilizing the Township's real estate in the performance
of its services, it shall nevertheless surrender all nonrealty items
identified herein or referred to herein. Such items shall have been
made available to the emergency service provider at the time of its
commencement of providing services to the Township. In the event that
the emergency service provider possessed neither the Township's real
property or any of its equipment, the said provider shall also provide
an accounting of moneys it received and expended as a result of its
provision of emergency services within Lumberton Township. This accounting
will also demonstrate the extent of monies on hand and in the possession
of the emergency service provider so that the Township can understand
the extent of such monies derived by the provider's services within
Lumberton Township. The public's ownership of the real and personal
property identified herein and/or, as well, the public trust imposed
upon all funds coming into the hands of the emergency service provider
or its professional billing company provides to the Township the right
to make a proper request for information or otherwise take formal
action to protect the public's rights in such property and/or funds.
[Adopted 4-12-2016 by Ord. No. 2016-04[1]]
[1]
Editor's Note: This ordinance stated that its tax provisions
shall take effect on the first day of the first full month occurring
30 days after the date of transmittal to the State Treasurer.
The preamble to this article stated as follows:
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WHEREAS, Lumberton Township has historically utilized
the Lumberton Fire Company #1, a nonprofit corporation of the State
of New Jersey, for emergency fire prevention and firefighting purposes;
and
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WHEREAS, Lumberton Township historically provided
taxpayer funds to the said Lumberton Fire Company #1 to assist in
the management, operation and efficiencies of the said organization;
and
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WHEREAS, on April 6, 2010, the Township of Lumberton
formally entered into an agreement with Lumberton Fire Company #1
to provide emergency fire prevention and firefighting services with
the Township; and
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WHEREAS, the Township Committee of Lumberton Township
believes it is in the best interests of the health, safety and welfare
of Lumberton Township residents and taxpayers, as well as those traveling
through the Township of Lumberton, to insist upon the greatest degree
of quality performance from any the Township's fire service; and
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WHEREAS, the Township of Lumberton desires the
Lumberton Fire Company #1 to be the sole provider of emergency rescue
services with the Township due to the Lumberton Emergency Squad, Inc.,
relinquishing said duties.
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All of the terms, provisions and statements contained within
the whereas clauses that form a preface to this article are hereby
repeated and incorporated herein by reference, as if set forth at
length, and the terms of those whereas clauses are specifically made
findings of the Township Committee of Lumberton Township.[1]
For purposes of this article, the following words shall have
the meanings set forth hereafter.
The Lumberton Fire Company #1, Inc., located within the Township
of Lumberton, New Jersey.
The Township hereby appoints the Lumberton Fire Company #1,
Inc., as the provider of fire service, including fire prevention and
firefighting, along with emergency rescue services. The appointment
of the Lumberton Fire Company #1 is based upon the traditional relationship
between the Company and the Township, and the excellent record of
the Company, which the Township hopes to maintain in the best interests
of the residents and taxpayers of the Township. The appointment of
the Lumberton Fire Company #1 is subject, nevertheless, to maintenance
of an appropriate agreement between the Township and the said Company.
Such agreement shall be in writing and shall contain provisions requiring
any firefighting and prevention services and emergency rescue services
to operate, administer and report to the Township of Lumberton in
the manner required by these provisions.
Lumberton Fire Company #1 shall be permitted to bill for extrication
and rescue costs when such equipment is utilized by said department
at the following rates for service:
A.
Light rescue: batteries, fluid, stabilization. There shall be a fee
of $350 for light rescue operations, such as stabilization, use of
hand tools, hazard control and other scene-related light rescue operations.
B.
Medium rescue: There shall be a fee of $700 for medium rescue operations
including the use of power tools and hydraulic rescue tools to perform
activities such as opening or removing doors to provide access to
patients as well as stabilizing vehicles and performing hazardous
assessments.
C.
Heavy rescue: There shall be a fee of $1,250 for heavy rescue operations
including any technical rescue procedures, including but not limited
to water and ice rescue, rope rescue, confined space rescue, high-angle
rescue, trench rescue or structural collapse rescue. Heavy rescue
also includes other vehicle rescue where the rescue includes the use
of power tools and hydraulic equipment to perform operations such
as partial or full roof removal, front dash displacement, third door
access and separating vehicles from one another.
A.
Lumberton Fire Company #1 shall provide specific documentation to
the Township. This documentation shall include:
(1)
An annual comprehensive activity report, sometimes commonly referred
to as a "Chief's report," that shall provide information and data
reporting the total calls received by the Lumberton Fire Company #1,
the number of such calls responded to, the number of such calls not
responded to and the number of calls responded to by other providers.
The Chief's report shall include average dispatch times supported
by central communications reports. The Chief's report must report
all active members of the provider's organization, the number of new
members actively involved since the last Chief's report, current efforts
at further recruitment, the nature of recruitment goals, and all members'
current training records.
(2)
A copy of all policies and procedures utilized by the emergency service
provider.
(3)
A reviewed income statement.
(4)
A reviewed balance sheet.
B.
The reports identified in Subsections A(3) and (4) hereof shall be prepared by an independent accountant. The purposes for which the Township requires the submission of such reports include:
(1)
The need for the Township to understand the efficiencies within the
Company's operation;
(2)
Whether the Company is meeting the standards set forth within these
provisions for arrival at the fire or rescue service's location (standards
as established by the New Jersey Division of Fire Safety), arrival
at the location where the fire or rescue services are to be performed
(standards as established by the New Jersey Division of Fire Safety)
and the frequency with which these standards are being met. The Township's
standard on such frequency is articulated hereinbefore as 90% of the
time;
(3)
To provide to the public at large the ability to know and understand
the use of all funds coming into the hands of nonpublic entities that
are performing public functions on behalf of Lumberton Township; and
(4)
To generally maintain the highest integrity, transparency and professionalism
in the performance of public functions.
C.
To effectuate this, the Township requires the provision to the Township,
no later than February 15 of each calendar year, an audit of the operations
of the Company(s) prepared by an independent firm.
All paperwork submitted pursuant to § 12A-18 hereof shall be in the hands of the Township no later than February 15 of every calendar year. The reports shall cover the period of time consisting of the entire calendar year ending on December 31 immediately prior to the February 15 deadline. Reports shall be considered as submitted in a timely fashion if they are in the hands of the Municipal Clerk on or before February 15 at 4:00 p.m. In the event that February 15 falls on a weekend or other day that the Township is not open for business, the report shall be submitted no later than 4:00 p.m. on the next immediately following business day of the Township.
The Township does not have and shall not acquire the right of
management over any private fire company identified herein. The Township
may not cause there to be hiring, firing, discipline, or other personnel
action between the provider and its employees or volunteers, the expenditure
of funds in a particular manner or other management prerogative upon
a private provider's operation. The Township's sole remedy for nonperformance
of all requirements imposed herein upon any service provider is to
terminate the contract between the Township and the Company or otherwise
not renew an annual contract when the Township obtains information
that the Company is not satisfying the standards or obligations set
forth herein, in the sole discretion of the Township.
The Township Committee of Lumberton Township specifically determines
the standards of performance for all fire company fire eradication
efforts to be as follows:
A.
Fire Company's personnel must arrive at the Township's Fire Company
#1 facility within acceptable standards of the emergency call being
placed as established by the New Jersey Division of Fire Safety, so
that the firefighting services provided within the Township can be
on location where the service is needed within acceptable standards
of the emergency call being placed as established by the New Jersey
Division of Fire Safety. The time for arrival at the location where
the service is needed shall be within standards as established by
the New Jersey Division of Fire Safety from the time of dispatch.
These standards must be executed by the Company no less frequently
than 90% of the time that there is a dispatch.
B.
Since all services performed by the Company pursuant to these provisions
are public services, all equipment acquisition, whether consisting
of rolling stock or otherwise, and real estate in the manner imposed
upon municipal government in the State of New Jersey by complying
with the provisions of the New Jersey Local Contract Law (N.J.S.A.
40A:11-1 et seq.) and the New Jersey Municipal Lands and Buildings
Law (N.J.S.A. 40A:12-1 et seq.) and any other provisions of law that
guarantee taxpayers, citizens and residents that the procedures of
acquiring property are being utilized to guarantee the proper transparency
of operations.
A.
Real property. The real property located at 561 Main Street, Lumberton,
New Jersey, is the property of the Lumberton Fire Company #1. If in
the future, the Township of Lumberton were to acquire and provide
a building to house a provider of firefighting and emergency rescue
services, then all those future agreements between the Township and
said provider utilizing the said real property are to enter into a
lease agreement for the property. The term of such lease shall be
equal to the length of any contract between the Township and the firefighting
and emergency rescue services provider. The Township will require
the utilization of the said real property for the provision of public
services consisting of either or both of firefighting or emergency
rescue services.
