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Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 22-74 § 1]
Pursuant to N.J.S.A. 40A:5-17, the following procedures are hereby adopted for approval or disapproval of claims against the Borough and for payments of approved claims.
[Ord. No. 22-74 §§ 2—4]
a. 
Every claim against the Borough of West Cape May shall be submitted to the Borough Clerk, in writing, on an official Borough voucher, which shall be available without charge at the Office of the Borough Clerk. On the voucher the claimant shall set out the details of the labor or services performed and/or the materials, sup-plies or equipment supplied and any other purchases or services rendered, giving a description of the same, the date of service and/or delivery. The voucher shall be signed by the claimant or representative of the claimant.
b. 
The Borough Clerk is authorized, on behalf of the Board of Commissioners, to require any claimant to submit itemized details of each claim, in verification of the claim, if said details are reasonably necessary to the proper consideration of the claim.
c. 
In order to be considered for payment at any regular meeting of the Board of Commissioners, the voucher and any requested verifying details shall be submitted to the Borough Clerk at least four days prior to the meeting.
[Ord. No. 22-74 §§ 2-6]
a. 
Prior to any claim being paid, the voucher containing the claim shall be approved by the Commissioner in charge of the Department responsible for the items contained in the claim. Following this approval, and prior to payment, the payment shall be authorized by a majority vote of the Board of Commissioners, either by motion or by resolution.
b. 
Any and all claims which are approved for payment at any regular or special meeting, shall be listed in the minutes of that meeting, or shall be attached to the minutes as a separate list of claims which were approved at that meeting.
[Ord. No. 22-74 § 7]
Following approval of a claim, the check in payment of such claim shall be prepared by the Borough Clerk or, in the absence of the Borough Clerk, by the Borough Treasurer. The check shall bear the signatures of the Mayor, the Clerk, and the Treasurer, or as may be otherwise determined by resolution of the Board of Commissioners.
[1]
Editor's Note: For additional provisions regarding the Municipal Public Defender see § 2-10 of this chapter.
[Ord. No. 221-94 § 1; Ord. No. 233-95]
Pursuant to N.J.S.A. 2A:158A et seq., any person seeking representation by the Municipal Public Defender, in addition to other requirements, shall pay upon application the sum of $200 by way of an application fee to the Court Administrator.
[Ord. No. 221-94 § 2; Ord. No. 233-95]
In accordance with guidelines promulgated by the Supreme Court, the application fee required herein may be waived in whole or in part by the Judge of the Municipal Court in his discretion upon a clear and convincing showing by the applicant that the application fee is an unreasonable burden upon the person seeking representation by the Municipal Public Defender.
[Ord. No. 306-01 § 2]
The Borough of West Cape May shall indemnify the Borough employees and public officials for any claim brought arising out of the official duties of the public employee and public official to the extent provided under N.J.S.A. 59:10-4.
[Ord. No. 312-02 § 1]
The Governing Body of the Borough of West Cape May hereby authorizes the Borough Clerk of the Borough of West Cape May to establish written procedures and procedural forms for Public Access Law in accordance with the provisions as contained in N.J.S.A. 47:1A-1 et seq. as supplemented and amended.
[Ord. No. 312-02 § 2]
The Borough Clerk of the Borough of West Cape May is established as custodian of government records for the Borough of West Cape May. The Chief of Police for the City of Cape May is established as the deputy records keeper for public safety records, and the Deputy Municipal Clerk is established as the deputy record keeper for all records other than public safety.
[Ord. No. 312-02 § 3; Ord. No. 454-10 § 1]
a. 
The Borough shall, from time to time, adopt by resolution a schedule setting the fees for copies or duplication of records, pursuant to the governing law.
b. 
In accordance with said statute, the Borough of West Cape May hereby establishes a fee of $15 per hour for research or retrieval of any records requested which are not readily accessible or are required to be retrieved from storage or archives by the Borough of West Cape May in order to provide same.
c. 
For duplication of records when the actual costs exceed the rates as provided by statute or whenever the nature, format, manner of collection or volume of a government record requested to be provided by the Borough Clerk, the Borough shall charge a special service charge in addition to the actual cost of duplicating the record that shall be determined to be reasonable and shall be based on the actual direct cost of providing the copy, which special service fee shall not exceed the amount of $25 per hour.
d. 
For records in which a record request is made to provide records in the same medium in which the Borough of West Cape May maintains the record, in addition to the actual cost of duplication, the Borough of West Cape May shall charge a fee that shall be reasonable and based on the cost of the technology used for same or the labor cost of the Borough or other personnel providing the service that is actually incurred by the Borough of West Cape May or is attributable to the Borough of West Cape May for programming, clerical or supervisory assistance required for both.
[Ord. No. 344-05]
a. 
All requests for discovery in matters pending in the Borough of West Cape May Municipal Court shall be submitted through the Municipal Prosecutor.
b. 
The following fees shall be payable by the requestor to the Borough of West Cape May, for the discovery provided:
1. 
$ .75 per page for each of the first 10 pages photocopied.
2. 
$ .50 per page for each of the next 10 pages photocopied.
3. 
$ .25 per page for each of the pages photocopied thereafter.
4. 
Actual postage for any discovery sent by mail.
5. 
$ .25 for the envelope for any discovery sent by mail.
6. 
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
7. 
Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5.00 per videotape.
8. 
On any item that cannot be photocopied on the Borough copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
c. 
Where the discovery must be obtained from an entity other than the Borough of West Cape May, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.
[Ord. No. 333-04; Ord. No. 522-2017]
a. 
Certified Copies.
$25.00 per certified copy of a birth record.
$25.00 per certified copy of a marriage, civil union or domestic partnership record.
$10.00 per certified copy of a death record.
b. 
Amendment Fees.
$25.00 per amendment of a vital record.
[Ord. No. 379-07 §§ 1—11]
a. 
Availability to Perform Ceremony. The Mayor and Deputy Mayor of the Borough of West Cape May will be available to perform marriage and civil union ceremonies.
b. 
Fee. The fee for the Mayor and Deputy Mayor of the Borough of West Cape May to perform a marriage or civil union ceremony is $200.
c. 
Compensation. The Mayor and Deputy Mayor shall receive compensation in the total sum of $150 for each marriage or civil union ceremony performed. This amount shall be authorized by the Borough's Salary Ordinance.
d. 
Cancellation of Ceremony. In the event the marriage or civil union ceremony is cancelled less than one week before the scheduled ceremony, all fees paid to the Borough will be nonrefundable. Exceptions may be made if the cancellation is due to extraordinary circumstances. All cancellations and requests for reimbursement must be written.
e. 
Any fee collected for the performance of a marriage or civil union ceremony shall be remitted to the Borough and deposited in the Borough's general fund.
f. 
The Mayor and Deputy Mayor of the Borough of West Cape May are entitled to reimbursement for all expenses incurred in connection with the performance of marriage and civil union ceremonies.
g. 
The Board of Commissioners will not approve reimbursement for expenses incurred by anyone other than the Mayor and Deputy Mayor.
h. 
The Mayor and Deputy Mayor shall be reimbursed for expenses that are deemed proper and reasonable by the Board of Commissioners. All expenses sought shall be related to the performance of the marriage or civil union ceremony.
i. 
Reimbursement of Automobile Expenses. The Board of Commissioners shall reimburse automobile-related expenses when the Mayor and Deputy Mayor utilized his/her personal vehicle in connection with performing a marriage or civil union ceremony. The Board of Commissioners shall determine whether the use of the automobile was reasonable and appropriate. All automobile expenses shall be calculated as to the miles traveled to and from the ceremony. The reimbursement amount will be calculated utilizing the rate per mile allowed by the Internal Revenue Service regulations.
j. 
Any other expense sought for reimbursement by the Mayor and Deputy Mayor of the Borough of West Cape May shall be reviewed by the Board of Commissioners and allowed if reasonable, necessary and/or related to the Mayor's performance of the marriage or civil union ceremony.
k. 
For any wedding performed, the Mayor or Deputy Mayor shall submit a voucher, on a form approved by the Borough, setting forth the date and place of the wedding and the participants therein, and enumerating the salary and expense for which the Mayor or Deputy Mayor seeks payment or reimbursement. Said voucher shall be approved by the Borough Commission in due course.
[Ord. No. 414-08 § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Business Administrator
b. 
Department Heads
c. 
Solicitor
d. 
Municipal Engineer
e. 
Municipal Prosecutor
f. 
Municipal Court Judge
g. 
Elective Officials/Mayor and Council
[Ord. No. 414-08 § 2]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
a. 
Tax Collector
b. 
Chief Financial Officer
c. 
Construction Code Official
d. 
Qualified Purchasing Agent
e. 
Tax Assessor
f. 
Municipal Planner
g. 
Registered Municipal Clerk
h. 
Licensed Uniform Subcode Inspector
i. 
Principal Public Works Manager
j. 
Certified Health Officer
[Ord. No. 414-08 § 3]
If an individual is appointed to one of the positions listed in Subsection 2-45.1 and the individual is not serving in position as described in Subsection 2-45.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
a. 
Was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or
b. 
Has been appointed pursuant to a valid promotional process; or
c. 
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in Subsection 2-45.2 herein, and is in pursuit of the required certification; or
d. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions.
[Ord. No. 414-08 § 4]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Law of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 429-09 § 16]
All funds received by the Borough of West Cape May through the bidding process for the purchase of each liquor license and for the annual renewal of each, and any other funds received by the Borough of West Cape May from licensees, shall be invested in a dedicated trust fund to be used solely to provide tax relief for Borough of West Cape May Residents.
Each withdrawal from such dedicated fund shall require a resolution by the Borough Commission detailing how such withdrawal shall be utilized for the benefit of taxpayers and designating to which line item of the annual budget such withdrawal shall be added.
[Ord. No. 463-11 § 2]
a. 
This section shall apply to the members of the Borough's Planning/Zoning Board, Historic Preservation Commission, Environmental Commission and Shade Tree Commission, and to any other appointed, volunteer board or commission hereafter established by the Borough.
b. 
Whenever a member of any appointed Borough board or commission fails to attend and participate in the meetings of that board or commission for three consecutive regular meetings, without being excused by a majority of the authorized members of that board or commission, the board shall notify the appointing authority in writing of this failure, and the office of that board member shall thereupon be deemed vacant.
c. 
The board or commission may refuse to excuse a member's absence only with respect to those failures that are not due to legitimate illness.
d. 
Upon an occurrence of a vacancy for failure to attend, the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law.
[Ord. No. 481-13]
a. 
Intent. The Borough publicly declares its intent to become an aggregator of electric power and natural gas on behalf of its residential and nonresidential users of electricity and natural gas pursuant to the Government Energy Act of 2003, N.J.S.A. 48:3-91.3 to -98, and implementing regulations.
b. 
Reverse Energy Auction Platform. The Borough will utilize Commercial Utility Consultants' Reverse Energy Auction Platform pursuant to the NJ E-PROCUREMENT Pilot program (P.L. 2001, c.30) under the NJ Department of Community Affairs. The Reverse Energy Auction will seek bids from licensed and appropriate third party suppliers. If such winning bid is selected and agreement executed, individual residential consumers would retain the option not to participate and to choose any alternatives they desire, while nonresidential ratepayers would also have the right to participate.
c. 
Authorization to Execute Documents. The Mayor and Borough Clerk are hereby authorized and directed to execute any documents necessary to carry out the purpose of the section.