[HISTORY: Adopted by the Borough of Hillsdale 10-26-1976 by Ord. No.
76-16 (Ch. 2, Art. 15, of the Revised Ordinances
of 1972). Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 40:61-22.24,
there is hereby established a Board of Commissioners to be known as
the "Hillsdale Swimming Pool Commission."
A.
Number. The Commission shall consist of five residents
of the Borough of Hillsdale appointed by the Mayor, by and with the
consent of the Council.
B.
Term. Members shall serve for three years, except
that a Commissioner appointed to fill a vacancy occurring other than
by reason of expiration of any term hereinbefore established shall
serve only for the unexpired portion of his or her predecessor's term.
The terms of two members shall expire at the end of each year and
the third year cycle will be one member.
[Amended 5-13-1997 by Ord. No. 97-8]
C.
Compensation. The members of the Commission shall
serve without salary or other compensation for their service. Excluded
from the prohibition is the membership rate afforded Borough volunteers.
[Amended 3-7-2017 by Ord.
No. 17-02; 2-6-2018 by Ord. No. 18-02; 3-3-2020 by Ord. No. 20-04; 3-2-2021 by Ord. No. 21-03; 6-14-2021 by Ord. No. 21-09; 3-1-2022 by Ord. No. 22-04; 3-7-2023 by Ord. No. 23-03[1]]
[1]
Editor's Note: The provisions of this ordinance shall be retroactive
to 1-1-2023.
[Amended 5-13-1997 by Ord. No. 97-8]
The Commission shall meet (at the Borough Hall
or the Stony Brook facility not fewer than 12 regular monthly meetings)
in each calendar year in accordance with applicable state and municipal
regulations, ordinances and statutes. At its organizational meeting,
it shall:
A.
Determine the date and hour of its regular meetings.
B.
Elect from among its members a Chairperson and a Vice
Chairperson.
C.
Appoint a Secretary, who need not be a member of the
Commission; who shall among his or her duties keep minutes, which
shall be filed with the Borough Clerk within 10 days.
D.
Adopt bylaws regulating its internal organization
and the conduct of its meetings.
[Amended 5-13-1997 by Ord. No. 97-8]
Subject to the provisions of applicable statutes
and of this chapter, there are hereby assigned to the Commission the
general supervision and control over the maintenance, operation and
regulation of the swimming pool and associated recreational facility,
hereinafter collectively referred to as the "facility."
A.
The Commission shall:
(1)
Propose plans for the development and improvement
of the facility.
[Amended 5-13-1997 by Ord. No. 97-8]
(2)
Propose methods or arrangements for the proper maintenance
and care of the facility.
(3)
Formulate proposed rules, regulations, fees and rental
charges for the public use of the facility.
[Amended 5-13-1997 by Ord. No. 97-8]
(4)
Submit all such plans, methods, arrangements, rules
and regulations to the Borough Council for its consideration and action
thereon.
(5)
Put into effect administrative and supervisory authority
over such plans, methods, arrangements, fees and rental charges, rules
and regulations as have been approved and authorized by the Borough
Council.
B.
The Commission shall not have the power to incur any
obligations in the name or for the account of the Borough or of the
Commission, except as authorized from time to time by the Borough
Council, or except as provided in the Commission's annual budget previously
approved by the Borough Council.
[Amended 5-13-1997 by Ord. No. 97-8]
The Commission shall prepare and submit to the
Borough Administrator its proposed budget for the operation of the
facility during the next following calendar year. The Borough Council
shall have the plenary power to approve, disapprove, modify or revise
such budget.
A.
All purchases of supplies, equipment, construction
work and services, other than employees' services, shall be made through
the Office of the Borough Purchasing Agent.
B.
The estimated cost of services or material furnished
by Borough departments or Borough employees to the facility shall
be charged to the Commission's budget so that the total cost of the
facility to the Borough can be determined in accordance with standard
municipal accounting procedures consistently applied.
[Amended 5-13-1997 by Ord. No. 97-8]
All financial records of the Commission shall
be kept and preserved permanently and in accordance with law and standard
municipal accounting practices consistently applied. Such records
shall be deemed public records and shall be open to public inspection
during reasonable business hours.
A.
The Commission shall have full charge of the employment
of all personnel whose services are required for the operation, maintenance
and regulation of the facility, provided that provision for the payment
of the compensation of such personnel shall have been made in the
Commission's approved annual budget and in the annual salary ordinance
of the Borough.
B.
The Commission may, in its discretion, by resolution,
delegate to a pool manager revocable employment powers, including
the power to employ and to terminate employment of such personnel
as may be included in the scope of the Commission's resolution.
C.
By reason or the nature of the services to be rendered
by the Commission's personnel, the provisions of the Borough's personnel
policy with respect to holidays, hours of attendance and like matters
not consistent with the operation of the facility shall not apply
to such personnel; provided, however, that nothing herein shall be
deemed to impair or modify the status, eligibility or any other right
that may have heretofore or may hereafter become vested in any person
as a Borough employee.
All matters relating to the general supervision,
control, operation, maintenance and regulation to the facility not
expressly delegated by this chapter to the Commission are hereby reserved
by and to the Borough Council, including (by way of example and not
by way of limitation of the generality of this reservation):
A.
The establishment, promulgation, charge and collection
of reasonable fees, rents and other charges for admission to and use
and enjoyment of the facility and the recreational privileges, entertainment
and other activities conducted thereon;
B.
The power to make, alter, amend and repeal rules and
regulations for the supervision, regulation and control of all activities
carried on, sponsored, arranged and provided for in connection with
the facility, and for the protection of person and property, and for
the enforcement of such rules and regulations.[1]
