[Ord. No. 181-91 § 1]
The appropriate officials of the Borough of West Cape May are
hereby authorized and directed to negotiate and enter into an agreement
with the City of Cape May for the furnishing of potable water to the
water utility owned and operated by the Borough of West Cape May.
[1]
Editor's Note: Former Subsection 2-50.2, Interlocal Services
Agreement for Police Protection with the Borough of Cape May Point,
previously codified herein and containing portions of Ordinance Nos.
163-90 and 280-00 expired December 31, 2001 and was repealed by Ordinance
No. 304-01.
[Ord. No. 203-92 §§ I,
II Preamble; Ord. No. 234-96 §§ 2,
3]
a.
The Mayor and Borough Clerk are hereby authorized and directed to
enter into and execute an agreement with the City of Cape May for
the provision of Police and/or Fire dispatching services under such
terms and conditions as have been reviewed and consented to by the
Governing Body.
b.
The Mayor, Borough Clerk and other appropriate Borough Officials
are hereby authorized and directed to take whatever action is necessary
or appropriate in order to implement such agreement with the City
of Cape May.
[Ord. No. 134-88 § 1]
Pursuant to the provision of N.J.S.A. 40A:8A-1 et seq., the
appropriate Borough Officials are hereby authorized to enter into
an Interlocal Service Agreement with the County of Cape May for the
provision of traffic line installation/removal and traffic sign/sign
removal and the fabrication of signs.
[Ord. No. 165-90 §§ 1,
2 Preamble]
a.
The Borough of West Cape May does not provide rescue squad emergency
ambulance services and has historically relied upon the City of Cape
May for such services. The City of Cape May now provides such services
to the Borough of West Cape May on an informal basis. Both the City
of Cape May and the Borough of West Cape May desire to enter a proper
agreement for the provision of such services pursuant to the Interlocal
Services Act.
b.
The Mayor and Borough Clerk be and are hereby authorized and directed
to enter into and execute an agreement or agreements with the City
of Cape May for the provision of rescue squad emergency ambulance
services to the Borough of West Cape May.
c.
The Mayor and Borough Officials are hereby authorized and directed
to take whatever action which may be necessary or appropriate in order
to implement such agreement with the City of Cape May.
[Ord. No. 248-97 §§ 2,
3 Preamble]
a.
Findings. The Interlocal Services Act (N.J.S.A. 40:8A-1 et seq.)
provides that local units of government may enter into contracts whereby
one unit may provide on behalf of another unit a service which it
is legally able to provide for itself. The City of Cape May presently
operates emergency medical services for its residents and other persons
in the community and the City of Cape May also has provided such services
to persons in neighboring jurisdictions in recent years. The Governing
Bodies of the Borough of West Cape May and the Borough of Cape May
Point have indicated that it would be in the best interest of their
respective communities to enter into a proper agreement whereby the
City of Cape May would provide emergency medical services pursuant
to the Interlocal Services Act.
b.
The Mayor and Borough Clerk are hereby authorized and directed to
enter into and execute an agreement or agreements with the City of
Cape May for the provision of emergency medical services under such
terms and conditions as have been reviewed and consented to by the
Municipal Governing Body.
c.
The Mayor, Borough Clerk and other appropriate Borough officials
are hereby authorized and directed to take whatever actions may be
necessary or appropriate in order to implement the provisions of this
subsection and the Interlocal Agreements that are authorized hereby.
[Ord. No. 237-96 §§ 2-5; Ord. No. 545-2018]
a.
Authorization to Execute Agreement. The Mayor and Borough Clerk are
hereby authorized and directed to negotiate, enter into and execute
an agreement with an appropriate municipality for the provision of
all required services under the Uniform Construction Code, including
but not limited to review of permit and development applications and
inspection of ongoing construction projects.
b.
Review by Governing Body. The terms and conditions of any such agreement
shall be reviewed and consented to by the Municipal Governing Body.
c.
Implementation. The Mayor, Borough Clerk and other appropriate Borough
Officials are hereby authorized and directed to take whatever action
is necessary or appropriate in order to implement such agreement with
the appropriate municipality.
d.
Construction permit fees. The fees for any construction permit required
pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119
et seq., and the state regulations promulgated pursuant thereto shall
be the sum of all of the applicable subcode fees as provided by the
municipality providing Construction Code Review and Inspection Services.
All such fees must be paid in full before any required permit can
be issued by the Construction Code Official or appropriate subcode
official
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 95-85.
[Ord. No. 289-01 Preamble]
N.J.S.A. 40A:14-156 et seq., authorizes municipalities to enter
into mutual aid and assistance agreements for police, fire, first
aid or ambulance squad services in cases of emergencies.
N.J.S.A. 40A:14-146.14c. authorizes municipalities to utilize
special law enforcement officers as well as regular, full-time officers
when a mutual aid agreement has been enacted in accordance with N.J.S.A.
40A:14-156.1.
The County of Cape May consists of 16 municipalities, 12 of
which have municipal police or fire departments operating for or within
the Borough of Avalon, City of Cape May, Township of Lower, Township
of Middle, City of North Wildwood, City of Ocean City, City of Sea
Isle City, Borough of Stone Harbor, Borough of West Cape May, Borough
of West Wildwood, City of Wildwood, or the Borough of Wildwood Crest,
which regularly interact and provide assistance to each other in police,
medical or fire related emergencies.
Each of the aforementioned municipalities of the County of Cape
May wish to formalize and refine existing practice by entering into
mutual aid agreements.
[Ord. No. 289-01 § 1]
Pursuant to N.J.S.A. 40A:14-26, N.J.S.A. 40A:14-156, N.J.S.A.
40A:14-156.1, et seq., and N.J.S.A. 40A:14-146.14c., there are hereby
established mutual aid agreements among and between this municipality
and each of the aforementioned municipalities in the County of Cape
May, New Jersey, which shall become effective upon the adoption by
one or more of the aforementioned municipalities (hereinafter referred
to as "participating municipalities") of reciprocal ordinances to
provide mutual aid in the police, firefighting, or emergency medical
services (hereinafter, "EMS") in case of emergency. This agreement
shall apply whenever this municipality may have an emergency within
its boundaries requiring additional police, firefighting or EMS assistance
to protect life and property, and whenever any of the aforementioned
municipalities may experience a similar emergency.
[Ord. No. 289-01 § 2]
For purposes of this section, the term "emergency" shall be
broadly defined and shall include situations in which the number of
available police officers, firefighters, or EMS officials in a participating
municipality is insufficient to meet the public need in a particular
situation. No formal declaration of emergency is required to implement
the provisions of the Mutual Aid Agreement. The chiefs or heads of
the participating municipalities, Police Departments, Fire Departments
and first aid or ambulance squads shall jointly prepare written standard
operating procedures (hereinafter referred to as "SOP") which shall
address procedures for the day-to-day implementation of mutual police,
firefighting, or EMS aid. A copy of the SOP, and all amendments and
revisions thereto, shall be filed with each Police Department, Fire
Department, and EMS organization, along with the respective Clerks
of each participating municipality, and with the appropriate dispatching
authorities within the County.
[Ord. No. 289-01 § 3]
The Chief or head of the Police Department, Fire Department,
or EMS organization of a participating municipality, or in his or
her absence, the highest ranking official in the chain of command,
is hereby authorized to request assistance from the Chief or other
head of the Police Department, Fire Department, or EMS organization
of any other participating municipality to provide aid in accordance
with this Agreement and existing SOP.
[Ord. No. 289-01 § 4]
A participating municipality shall provide police, firefighting,
or EMS 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.
Each providing municipality retains the right to withdraw personnel
or equipment if emergent conditions so warrant. The decision of the
providing municipality's Chief Executive Officer, or in his or her
absence, the highest ranking official in the chain of command, with
respect to the extent and duration of aid to a requesting municipality
which can be afforded without endangering persons or property within
the providing municipality, shall be binding.
[Ord. No. 289-01 § 5]
Each municipality adopting an ordinance reciprocal to this section
shall, prior to adoption, obtain the written consent of its volunteer
fire company(ies), if any, and volunteer EMS organization(s), if any,
to be bound by the terms of this section for as long as the volunteer
organizations continue to supply services in their parent municipality.
[Ord. No. 289-01 § 6]
The members of the providing municipality's Police Department,
Fire Department, or EMS organization supplying aid shall have the
same powers, authority, rights and immunities as the members of the
police, firefighting, or EMS force of the requesting municipality
when aid is being rendered therein; however, the highest ranking,
full-time regular officer of the requesting municipality present at
the scene shall assume command.
[Ord. No. 289-01 § 7]
The providing municipality shall assume the cost and expense
of providing its personnel and equipment to the requesting municipality,
pursuant to this Agreement, if the duration of the aid is eight man
hours or less within any one-month period. If the requesting municipality
receives State or Federal aid by way of reimbursement, for a particular
incident, it shall distribute said funds among the providing municipalities,
for that incident, on a pro-rata basis, depending upon the man hours
of each. The costs incurred in excess of eight man hours, by any providing
municipality, shall be submitted to and paid by the requesting municipality
as reimbursement.
[Ord. No. 289-01 § 8]
Members of the police, firefighting, or EMS 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 benefits they would have realized if
injury or death had occurred in the performance of normal duties in
their own municipality, with such benefits to be provided by the providing
municipality.
[Ord. No. 289-01 § 9]
So long as this Mutual Aid Agreement is in full force and effect,
the participating municipalities shall maintain general liability
insurance in the minimum amount of one million ($1,000,000.00) dollars
for personal injury and $500,000 for property damage, and liability
insurance for police enforcement and firefighting activities in the
minimum amount of one million ($1,000,000.00) dollars and shall annually
provide each of the other participating municipalities with certificates
of insurance showing said insurance is in full force and effect. Said
insurance shall be applicable to damage or injury resulting from the
actions or conduct of the personnel of any providing municipality
as well as of the personnel of any requesting municipality.
[Ord. No. 289-01 § 10]
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. No. 519-2017]
Employees deemed exempt are not entitled to overtime pay. The
annual salary paid to department heads shall be considered compensation
for all work performed during the year.
[Ord. No. 519-2017]
The Borough may provide an exempt employee with additional compensation
if the employment arrangement also includes a guarantee of at least
the minimum weekly-required amount paid on a salary basis and overtime
is expressly authorized in the Borough Policy and Procedures Manual.
