[1966 Code § 44A-1; Ord. No. 16-85]
Any appointed member of any Board of the Borough who shall,
during a calendar year, be absent for three or more regularly scheduled
meetings of the Board to which he or she has been appointed shall
be subject to removal by the governing body in accordance with the
provisions of this section.
[1966 Code § 44A-2; Ord. No. 16-85]
The Chairman or the Secretary of every board, committee or commission
shall be required to report to the Mayor and Council three or more
absences in a year of any members of any board, committee or commission.
When requested to do so by the Mayor and Council, the member of the
Board, committee or commission who missed three or more regularly
scheduled meetings during a calendar year shall submit a written explanation
for each of his or her absences.
[1966 Code § 44A-3; Ord. No. 16-85]
a.
In the event that the Mayor and Council determines preliminarily
that there have been three or more absences from regularly scheduled
meetings by an appointed member, and that the three absences are not
justified by exigent circumstances, the Mayor and Council shall have
a right to adopt a resolution to institute removal proceedings.
b.
Where the Mayor and Council have instituted removal proceedings,
the proceedings shall be as follows:
1.
A written notice of intention to remove shall be mailed to the Board
member at his or her home address. The notice shall advise the Board
member as to a right to a hearing before the Mayor and Council; as
to the right to be represented by counsel; and as to the right to
cross-examine witnesses and present witnesses on his or her behalf.
The notice shall set forth a date for a proposed hearing and shall
notify the Board member that if he or she wishes to contest the removal,
a written notice of intention to contest must be submitted to the
Municipal Clerk at least 10 days prior to the scheduled hearing. The
notice to the Board member shall list the dates of the regularly scheduled
meetings from which the Board or committee member is alleged to have
been absent.
2.
The hearings shall be conducted by the Mayor and Council in the Council
Chambers in the municipal building. The Board member shall have a
right to participate in the proceedings, either personally or by counsel,
and shall have a right to examine witnesses and present evidence.
Upon conclusion of all of the evidence, the Mayor and Council shall
make findings of fact and conclusions as to whether the Board member
should be removed.
c.
No member of the Board, commission or committee shall be removed
based upon his or her absence at a regular scheduled meeting where
there was a reasonable justification for the absence. Reasonable justification
for absence shall include, but is not limited to, illness of the member
or member of the family; exigent business or personal responsibilities
which render it inconvenient for the Board member to be in attendance;
vacation schedule of the Board member; such other circumstances which
the Mayor and Council, in the exercise of its discretion, deem to
be a reasonable excuse for nonattendance at a regularly scheduled
meeting.
d.
No board member shall be removed under the terms of this section
unless the evidence establishes that there were three or more absences
from regularly scheduled meetings in a calendar year by a board member,
which absences are inexcusable and unjustified under the criteria
provided in this section.
[1966 Code § 44A-4; Ord. No. 16-85]
Any board member removed from membership of a board, commission
or committee under the provisions of this section shall have a right
to appeal the removal to the Superior Court within 45 days as provided
by the rules of Court.
[1966 Code § 19A-1; Ord. No. 8-88]
The position of Municipal Emergency Coordinator is based on
provisions of public laws and directives which carry the force of
law as follows:
a.
New Jersey State Law: N.J.S.A. Appendix A:9-33 et seq. These laws
set forth responsibilities, obligations and authorities.
b.
Department of Law and Public Safety, Division of State Police, Directive
No. 102, July 24, 1987.
c.
New Jersey Office of Emergency Management Directive No. 61, November
19, 1986.
[1966 Code § 19A-2; Ord. No. 8-88]
a.
The Mayor shall appoint a Municipal Emergency Management Coordinator
from among the residents of the Borough. The Municipal Emergency Management
Coordinator shall serve for a term of three years. The Municipal Emergency
Management Coordinator shall have a minimum of one year's experience
in the planning, development and administration of emergency response
activities such as those provided by police, fire, rescue, medical
or emergency management units, either in the public or private sector
or in the military service.
b.
Pursuant to N.J.S.A. Appendix A:9-40.1, as a condition of appointment
and the right to continue for the full term of the appointment, the
Coordinator will have successfully completed the approved courses
or within one year of appointment. The failure of any Emergency Management
Coordinator to fulfill such requirements within the period prescribed
shall disqualify the Coordinator from continuing in the office of
Coordinator, and thereupon a vacancy in the office shall be deemed
to have been created. The Governor may remove a Municipal Emergency
Management Coordinator at any time for cause.
[1966 Code § 19A-3; Ord. No. 8-88]
Each Municipal Emergency Management Coordinator shall appoint
one and may appoint more than one Deputy Municipal Emergency Management
Coordinator(s) with the approval of the Mayor. Wherever possible,
such Deputy(ies) shall be appointed from among the salaried officers
or employees of the Borough.
[1966 Code § 19A-4; Ord. No. 8-88]
a.
The Municipal Emergency Management Coordinator shall be responsible
for the planning, activating, coordinating and the conduct of emergency
management operations within the Borough.
b.
Wherever, in the opinion of the Municipal Emergency Management Coordinator,
a disaster has occurred or is imminent in the municipality, the Municipal
Emergency Management Coordinator shall proclaim a state of local disaster
emergency within the Borough.
c.
The Municipal Emergency Management Coordinator, in accordance with
regulations promulgated by the State Director of Emergency Management,
shall be empowered to issue and enforce such orders as may be necessary
to implement and carry out emergency management operations and to
protect the health, safety and resources of the residents of the Borough.
d.
The County Emergency Management Coordinator shall be immediately
advised of the proclamation of a state of local disaster emergency
by the Municipal Emergency Management Coordinator and the action taken.
e.
The Emergency Management Coordinator shall also perform any of the
duties and functions which may from time to time hereafter be required
by Statute.
[1966 Code § 19A-5; Ord. No. 8-88]
There is hereby created an Emergency Management Council to be
composed of not more than 15 members who shall be appointed by the
Mayor and shall hold office at the will and pleasure of the Mayor.
The Emergency Management Coordinator shall be a member and shall serve
as Chairman of the Emergency Management Council.
[1966 Code § 19A-6; Ord. No. 8-88]
The Emergency Management Council shall:
a.
Assist the Borough in establishing the various local volunteer and
Borough agencies needed to meet the requirements of all local emergency
management defense and disaster control activities in accordance with
the rules and regulations established by the Governor of the State
of New Jersey.
b.
Evaluate the need for resources to develop, implement and exercise
the emergency plan.
c.
Make recommendations regarding what resources are required and how
they can be provided.
d.
Prepare and submit an emergency plan and annexes in conformance with
the guidance materials provided by the County Coordinator.
e.
Provide assistance to the Municipal Emergency Management Coordinator
in the preparation of the emergency operations plans and annexes.
[1966 Code § 9-1]
There is hereby created a Board of Health for the Borough of
Bloomingdale in accordance with the provision of New Jersey Statutes
Annotated 26:3-1, et seq., and the supplements and amendments thereto.
[1966 Code § 9-2; Ord. No. 2-2004 § I]
a.
Full Membership. The Board of Health shall consist of seven regular
members and two alternate members.
b.
Regular Members.
1.
All regular members of the Board shall be appointed for three year
terms by the Mayor, subject to confirmation by the Borough Council
in the manner prescribed by law.
2.
All regular members of the Board shall be entrusted with the powers
prescribed thereto by the N.J.S.A. 26:3-1, et seq., as amended.
c.
Alternate Members.
1.
Both alternate members of the Board shall be designated as "Alternate
#1" and "Alternate #2," respectively, at the time of their appointment.
2.
Each alternate member of the Board shall be appointed for a two year
term, except that the terms of said alternate members first appointed
shall be two years for "Alternate #1" and one year for "Alternate
#2" so that the term of not more than one alternate member shall expire
in any one calendar year. Alternate members shall be appointed by
the Mayor, subject to confirmation by the Borough Council in the manner
prescribed by law.
3.
Alternate members of the Board shall be permitted to act only in
accordance with the terms and conditions of N.J.S.A. 26:3-3, as amended,
which shall govern their rights, duties and powers as members of the
Board.
d.
Vacancies. Vacancies in any office shall be filled for the unexpired
term only.
[1966 Code § 9-3]
All appointments to the Board of Health, including the filling
of vacancies, shall be made by nomination of the Mayor with the advice
and consent of the Council. The Mayor shall make such nomination within
30 days after the office becomes vacant or a term expires. 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 the
30 days, the Council shall make the appointment.
[1966 Code § 9-4]
The Board of Health may exercise such powers as are permitted
in accordance with New Jersey Statutes Annotated 26:3-1 et seq., and
the supplements and amendments thereto.
[1966 Code § 9-5]
The Board of Health shall not contract any debt or debts beyond
or above the amount of the appropriation made for its use by the Council.
[1966 Code § 9-6]
All actions, ordinances, rules and regulations previously adopted
by the Board of Health, and presently in effect, shall be deemed to
continue in full force and effect until and unless changed or amended
by the Board of Health.
[1966 Code § 17-1; Ord. No. 3-71]
There is hereby created an Environmental Commission for the
protection, development or use of the natural resources located within
the territorial limits of the Borough pursuant to the provisions of
N.J.S.A. 40:56A-1 et seq.
[1966 Code § 17-2; Ord. No. 3-71; Ord. No. 28-2001; Ord. No. 2-2011]
a.
The Mayor, in his or her discretion, shall appoint the members of the Environmental Commission, which shall consist seven persons, citizens and residents of the Borough one of whom shall also be a member of the Planning Board and any number of associate members or entities who can assist the Environmental Commission in the exercise of its powers as defined in Subsection 2-50.3. Such associate members and entities may be nonresidents of the Borough and shall have not voting powers. The Commissioners shall hold office for a term of three years. Vacancies shall be filled for the unexpired term only, in the same manner as an original appointment. The associate members and/or entities shall receive no compensation for their services.
b.
The Mayor, in his or her discretion, shall appoint, subject to confirmation
by an affirmative vote of at least three members of the Borough Council,
to the Environmental Commission two alternate members. Alternate members
shall be designated at the time of appointment as "Alternate No. 1"
and "Alternate No. 2." The terms of the alternate members shall be
for two years, except that the terms of the alternate members first
appointed shall be two years for "Alternate No. 1" and one year for
"Alternate No. 2" so that the term of not more than one alternate
member shall expire in any one year. A vacancy occurring otherwise
than by expiration of term shall be filled by the governing body for
the unexpired term only. An alternate member shall not be permitted
to act on any matter in which he has either directly or indirectly
any personal or financial interest. An alternate member may, after
public hearing if he requests one, be removed by the governing body
for cause. An alternate member may participate in discussions of the
proceedings but may not vote except in the absence or disqualification
of a regular member. 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 first. Alternate members shall receive no compensation
for their services.
[1966 Code § 17-3; Ord. No. 3-71]
The Commission shall have the following powers:
a.
The promotion of the conservation and development of the natural
resources of the Borough.
b.
The planning, implementing and informing the public about local conservation
programs.
c.
The compiling and keeping of an index of all open areas, publicly
or privately owned, including open marshlands, swamps and other wetlands.
d.
The power to conduct research into the possible use of the open areas
of the Borough.
e.
Recommend to the Planning Board plans and programs for inclusion
in a municipal Master Plan and the development and use of such areas.
f.
Advertise, prepare, print and distribute books, maps, charts, plans
and pamphlets which in its judgment it deems necessary for its purposes.
g.
Manage donated or purchased lands for conservation purposes and operate
conservation programs.
h.
Act as the coordinating agency of the community on conservation matters
and a liaison between local conservation needs and regional, State
and Federal agencies ministering to those needs.
[1966 Code § 17-4; Ord. No. 3-71]
The Commission, with the approval of the Borough Council may
acquire property, both real and personal, in the name of the Borough
of Bloomingdale, by gift, purchase, grant, bequest, devise or lease
for any of its purposes, including, but not limited to, use as living
museums, sites for scientific study, areas for teaching of natural
history and conservation, places of historic or prehistoric interest
and beauty and habitat for rare and endangered plants and animals,
and shall administer the same for such purposes subject to the terms
of the conveyance or gift. Such an acquisition may be to acquire the
fee or any lesser interest, development right, easement (including
conservation easement), covenant or other contractual right (including
a conveyance on condition or with limitations or reversions), as may
be necessary to acquire, maintain, improve, protect, limit the future
use of, or otherwise conserve and properly utilize open spaces and
other land and water areas in the Borough.
[1966 Code § 17-5; Ord. No. 3-71]
The Environmental Commission shall, subject to approval of the
Council, have exclusive control of lands acquired for the purposes
herein stated and may adopt suitable rules and regulations for the
use thereof and the conduct of all persons while on or using the same.
[1966 Code § 17-6; Ord. No. 3-71]
The Commission shall keep records of its meetings and activities
and shall make an annual report on or before the first day of January
and submit the same to the Borough Council. This report shall be comprehensive
and detailed, covering operation, receipts, disbursements and expenditures
for the full year.
[1966 Code § 17-7; Ord. No. 3-71]
The Mayor shall designate one of the members to serve as Chairman
and presiding officer of the Commission. The Commission is authorized
to adopt bylaws governing its procedural operation.
[1966 Code § 17-8; Ord. No. 3-71]
The Mayor or Council of the Borough of Bloomingdale may remove
any member of the Commission for cause, on written charges served
upon the member, and after a hearing thereon at which the member shall
be entitled to be heard in person or by counsel.
[1966 Code § 17-9; Ord. No. 3-71]
The Borough Council shall annually fix, determine and appropriate
a sum sufficient for the care, custody, policing and maintenance of
such lands acquired for the uses and purposes herein stated, and for
the expenses of the Commission, which shall be raised by taxation
in the same manner as other taxes.
[1966 Code § 17-10; Ord. No. 3-71]
The Commission may appoint a secretary or Clerk and such number
of custodians, supervisors and assistants for the lands acquired for
the uses and purposes herein mentioned as they shall think necessary,
but the salaries of all such clerks, custodians, supervisors and assistants
shall be fixed and determined by the Borough Council and, in addition
thereto, the total salaries of all such persons shall be within the
limits of funds appropriated to the Commission.
[1966 Code § 63A-1; Ord. No. 7-84; Ord. No. 14-2001]
There shall be established a Senior Citizens Advisory Committee
("Committee"), which shall consist of nine members, a majority of
which shall be residents of the Borough of Bloomingdale ("Borough").
The Committee membership shall be representative of senior citizens;
disabled persons; religious institutions; nonprofit civic organizations;
health professionals and organizations; and the community at-large.
Members shall be nominated by the Mayor and confirmed for appointment
by an affirmative vote of at least three members of the Borough Council.
[1966 Code § 63A-2; Ord. No. 7-84; New; Ord. No. 14-2001; Ord. No. 15-2001]
Three members of the Committee shall each be appointed initially
for terms of one; two and three years. Thereafter, each member shall
be appointed for a term of three years such that not more than three
members shall be subject to reappointment in any one year.
[1966 Code § 63A-3; Ord. No. 7-84; Ord. No. 14-2001; Ord. No. 11-2003 § I]
At its annual reorganizational meeting, the Committee shall
establish a meeting schedule pursuant to which the Committee shall
meet once a month at the Bloomingdale Senior Citizens Center ("Center").
At said meeting, the Committee shall also select from its membership
a slate of officers, consisting of a President; a vice President;
a secretary and a treasurer, and shall adopt a set of operating bylaws
that shall be subject to review and approval by the governing body
of the Borough of Bloomingdale ("governing body").
[1966 Code § 63A-4; Ord. No. 7-84; Ord. No. 14-2001]
The Committee shall advise the Mayor and Borough Council with
respect to issues, programs and activities respecting senior citizens
and disabled persons. The Committee shall also oversee the operations,
activities and usage of the Center, subject to the discretion of the
governing body.
[Ord. No. 14-2001]
a.
Neither the Committee nor any Committee member shall have the authority
to incur any obligation in the name, or on account, of the Borough
of Bloomingdale, except as may be expressly authorized from time to
time by the governing body of the Borough of Bloomingdale.
b.
Neither the Committee nor any Committee member shall be permitted
to use or reproduce for political or commercial purposes any documents
maintained by the Committee, in connection with the Committee's senior
programs and activities.
c.
Neither the Committee nor any Committee member shall engage in, or
otherwise permit, any political activity in connection with senior
programs or activities.
d.
No Committee member shall receive any compensation or any other form
of remuneration for serving as a member of the Committee.
e.
No Committee member shall participate in, or act in any manner upon,
any matter as to which the Committee member has any personal or financial
interest, which interest shall be fully disclosed.
[Ord. No. 14-2001]
a.
A Committee member who fails to attend three consecutive meetings
of the Committee, without being formally excused for the absences,
shall be subject to discharge from the Committee by Resolution of
the governing body of the Borough of Bloomingdale, which shall appoint
a successor in accordance with the provisions of this section.
[Ord. No. 14-2001]
a.
The governing body shall have the authority to review any decision
rendered by the Committee provided that four members of the governing
body vote by formal resolution to do so.
b.
During the review, the Committee shall be permitted a reasonable
opportunity to appear before the governing body to justify the Committee's
decision.
c.
Decisions of the Committee are subject to reversal or modification
only upon a vote by formal resolution of four members of the governing
body, which resolution shall specify the ruling and reasoning of the
governing body with reasonable specificity.
[Ord. No. 14-2001]
a.
The day-to-day operations of the Center shall be administered by
a coordinator ("Coordinator"), who shall be an employee of the Borough
of Bloomingdale.
b.
The Coordinator shall be directly responsible for the following:
1.
Attending meetings of the Committee to report and advise its members
on the operations of the Center and on issues affecting senior citizens
and disabled persons;
2.
Implementing policies, procedures and regulations established by
the Committee and/or the governing body of the Borough;
3.
Planning and coordinating any and all activities conducted at the
Center; and
4.
Developing and managing a budget for the Center and for the Committee,
in accordance with Borough policies and practices.
[Ord. No. 14-2001]
a.
Any and all activities and uses of the Center shall be in compliance
with New Jersey Department of Community Affairs Grant Agreement #96-0630-00
("Agreement"); the New Jersey Small Cities Program; and all local,
County, State and Federal laws.
b.
In accordance with the Agreement, access to, and use of, the Center
shall be made available to both residents and nonresidents of the
Borough.
c.
The Center shall be an alcohol-free facility.
d.
The Center shall not be utilized for private fund-raising activities.
[Ord. No. 14-2001]
a.
The Center shall be made available for use during its normal operating
hours, as they may be prescribed by the governing body, and at such
other times as may be approved by the Committee and/or governing body,
by the following eligible persons and/or groups:
1.
Senior citizens (persons aged 65 or older) and disabled persons;
2.
Pre-seniors (persons aged 55 to 65);
3.
Nonprofit, civic groups (nonprofit organizations whose purpose is
to promote and foster the interests and quality of life of the greater
Bloomingdale area and its citizens); and
4.
Official governmental organizations and groups (including municipal
boards, committees and commissions).
b.
Senior citizens and disabled persons shall have the right of first
refusal for usage of the Center, subject to the requirement of providing
written notification to the Coordinator of the invocation of such
right to priority usage no less than 15 business days prior to any
previously scheduled event.
c.
Usage of the Center shall be determined by the Committee based upon
an "Application for Use" completed and presented by an eligible individual
and/or group. Said application shall be established in a form to be
approved by the Committee and shall be obtained from the Coordinator.
d.
The Coordinator shall present all properly completed applications
for use to the Committee, which shall consider and vote upon the same
at the meeting next following the date upon which such application
is made. The Committee shall exercise its sound discretion in determining
applications for the Center. Approval of any such application shall
require a majority vote of the Committee.
e.
Approval of an application for usage shall be conditioned upon the
provision of a certificate of insurance, naming the Borough as an
additional insured for the amount of not less than $500,000 in general
liability and personal injury insurance coverage. Municipal governmental
organizations and municipally-sponsored activities shall be exempted
from this requirement.
f.
Any individual and/or group using the Center shall assume full responsibility
for proper cleaning and maintenance of the Center, and shall be required
to leave the Center at the conclusion of such use in the same condition
as it was upon the commencement of such use. Any individual and/or
group that fails to properly clean and maintain the Center following
such use shall be prohibited from using the Center in the future.
g.
Any such individual and/or group using the Center shall be held responsible
for any damage caused to the Center during such use and shall be prohibited
from using the Center in the future in the event of such damage.
h.
No individual and/or group shall be charged a fee for using the Center,
but shall be encouraged to make a monetary donation to the Borough
for such usage and shall be given preference in scheduling for such
usage as a result.
[Ord. No. 11-2015 § 1]
The Borough's Senior Citizen Coordinator shall charge the following
fees for the following services, programs and events:
[Ord. No. 1-2004 § II]
There is hereby established in, of and for the Borough of Bloomingdale
an Economic Development Commission, which shall be referred to as
the "Bloomingdale Economic Development Commission" ("Commission").
[Ord. No. 1-2004 § II]
a.
The Commission shall consist of nine regular members and two alternate
members, all of whom shall be appointed by the Mayor.
b.
At the time of their appointment, members of the Commission shall
be residents of the Borough, shall be owners (in whole or in part)
of real property situated within the Borough or shall be owners (in
whole or in part) of a commercial enterprise maintaining a place of
business within the Borough.
c.
Regular members of the Commission ("Commissioners") shall be appointed
to serve five year terms, except that the terms of Commissioners first
appointed shall be as follows so that the term of not more than two
Commissioners shall expire in any one calendar year:
Two members shall be appointed to serve five year terms;
Two members shall be appointed to serve four year terms;
Two members shall be appointed to serve three year terms;
Two members shall be appointed to serve two year terms;
One member shall be appointed to serve a one year term.
d.
Alternate members of the Commission ("Alternates") shall be appointed
for five year terms, except that the terms of said alternate members
first appointed shall be two years for "Alternate #1" and one year
for "Alternate #2" so that the term of not more than one alternate
member shall expire in any one calendar year.
e.
Vacancies in any office of the Commission shall be filled for the
unexpired term only. Notwithstanding the foregoing, duly appointed
members of the Commission shall serve in office until such time as
a successor is duly qualified to serve in said office.
f.
At its Annual Reorganizational Meeting, the Commission shall establish
a Schedule of Regular Meetings of the Commission. The Commission shall
meet at least once per month to conduct its public business.
g.
At its Annual Reorganizational Meeting, the Commission shall adopt
Official Bylaws for the conduct of its meetings, which Bylaws shall
be subject to review and approval by the governing body of the Borough
of Bloomingdale.
h.
At its Annual Reorganizational Meeting, the Commission shall select
from among its membership a Chairperson; a Vice Chairperson; a Secretary;
and a Treasurer, each of whom shall perform such duties as are prescribed
by the Official Bylaws of the Commission.
[Ord. No. 1-2004 § II]
a.
The governing body of the Borough of Bloomingdale shall appropriate
on an annual basis such municipal funding as shall be deemed reasonably
necessary and appropriate for the conduct of the operations of the
Commission.
b.
The Commission shall ensure that all expenditures of Borough funds
within its control are made in accordance with State bidding requirements
and municipal administrative spending guidelines, policies and requirements.
[Ord. No. 1-2004 § II]
a.
The Commission shall investigate, analyze and promote for economic
growth and development the extent, advantages, opportunities and utilities
of publicly and/or privately owned real property situated within the
Borough.
b.
The Commission shall investigate, analyze and promote for economic
growth and development the extent, advantages, opportunities and utilities
of natural resources situated within the Borough.
c.
The Commission shall investigate, analyze and promote for economic
growth and development the extent, advantages, opportunities and utilities
of lawful commercial enterprises situated within the Borough.
d.
The Commission shall investigate, analyze and promote for economic
growth and development the extent, advantages, opportunities and utilities
of the labor pool resident within the Borough.
e.
The Commission shall advise the governing body of the Borough of
Bloomingdale, the Planning Board of the Borough of Bloomingdale, the
Zoning Board of Adjustment of the Borough of Bloomingdale and such
other municipal agencies, boards and/or commissions of the Borough
of Bloomingdale as may be appropriate, regarding policies, programs,
services and/or legal enactments for the purpose of establishing,
encouraging and/or enhancing economic growth and development within
the Borough.
f.
The Commission shall provide to the Planning Board and/or Zoning
Board of Adjustment comment upon applications pending before either
such Board, as well as upon Planning Board review of the Master Plan
for the purpose of establishing, encouraging and/or enhancing economic
growth and development within the Borough.
g.
The Commission shall perform such other duties and/or responsibilities,
as may, from time to time, be assigned by the governing body for the
purpose of establishing, encouraging and/or enhancing economic growth
and development within the Borough.
[Ord. No. 1-2004 § II]
a.
Neither the Commission nor any member thereof shall have any authority
to incur any obligation in the name, or on account, of the Borough
of Bloomingdale, except as may, from time to time, be expressly authorized
by the governing body of the Borough of Bloomingdale.
b.
Neither the Commission nor any member thereof shall have any authority
to appoint, hire, retain and/or employ any person or entity on its
behalf, except as may, from time to time, be expressly authorized
by the governing body.
[Ord. No. 1-2004 § II]
a.
No member of the Commission shall receive any compensation or any
other form of remuneration for serving as a member of said Commission.
b.
No member of the Commission shall participate in, or act in any manner
upon, any matter as to which the member has any personal or financial
interest, which interest shall in any such event be fully disclosed.
c.
Neither the Commission nor any member thereof shall delay the discussion
of, or action upon, any matter in order to prevent an alternate from
participating or acting upon such matter due to the absence or disqualification
of a Commissioner.
[Ord. No. 1-2004 § II]
a.
The Commission shall render to the governing body of the Borough
of Bloomingdale an Annual Report of the Conduct of the Commission
("Report").
b.
The Report shall set forth in detail the plans, describe the activities
and evaluate the effectiveness of said activities of the Commission
during the preceding calendar year.
c.
The Report shall also set forth in detail the plans and activities
proposed for the Commission during the succeeding calendar year.
d.
The Commission shall render its Report to the governing body by no
later than January 31 of the calendar year succeeding the time period
covered by such Report.
e.
In completing the Report, the Commission shall convene at least two
public hearings during which members of the public shall be invited
to comment on the Commission's plans and activities during the period
of said Report. Such comments shall be incorporated into the evaluative
section of the Report.
[Ord. No. 1-2004 § II]
a.
Any member of the Commission who fails to attend three consecutive
regularly scheduled meetings of said Commission, without being formally
excused for such absences, shall be subject to removal from office
in accordance with the provisions of State and municipal law.
b.
Any member of the Commission who engages in any conduct proscribed
by State or municipal law shall be subject to removal from office
in accordance with the provisions of State and municipal law.
[Ord. No. 1-2004 § II]
a.
The governing body of the Borough of Bloomingdale shall have the
authority to review any decision rendered by the Commission provided
that four members of the governing body vote by formal Resolution
to do so.
b.
During such review, the Commission shall be permitted a reasonably
opportunity to appear before the governing body for the purpose of
justifying and/or defending the decision of the Commission.
c.
Decisions of the commission are subject to review and/or modification
only upon a vote by formal Resolution of four members of the governing
body, which Resolution shall specify the ruling and reasoning of the
governing body with reasonably specificity.
[Ord. No. 6-2000 § 1
[61-1.1]]
There is hereby established in, of and for the Borough of Bloomingdale
a Board of Recreation Commissioners ("Board").
[Ord. No. 6-2000 § 1
[61-2]; Ord. No. 3-2001 § I; Ord. No. 1-2011 §§ 1—3]
a.
The Mayor may in his or her discretion appoint not less than three
nor more than seven persons, citizens and residents of the municipality,
as members of a Board of Recreation Commissioners. The Commissioners
first appointed shall be appointed for terms of 1, 2, 3, 4 and 5 years
respectively, in such manner that the term of at least one Commissioner
and not more than two Commissioners shall expire in each year according
to the number appointed as fixed by the Mayor. In case of the increase
of a Board from three to five members or in case of the increase of
a Board from five to seven members, the additional Commissioners shall
be appointed, one for four and one for five years and in case of the
increase of a Board from three to seven members, two of the additional
Commissioners shall be appointed for four years and two shall be appointed
for five years. Thereafter all appointments shall be for the term
of three years if the Board consists of three members or five years
if the Board consists of five or seven members, according to the number
appointed to comprise the Board, and vacancies shall be filled by
the unexpired term only. The members shall serve until their respective
successors are appointed and shall qualify. The members shall receive
no compensation for their services.
b.
The Mayor shall be authorized, in his/her discretion, to appoint,
subject to confirmation by an affirmative vote of at least three members
of the Borough Council, to the Board of Recreation Commissioners not
more than two alternate members. Alternate members shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." The length of the terms of the alternate members shall be the
same as the length of the terms of the regular members of the Board
of Recreation Commissioners. If two alternates are appointed, their
terms shall be staggered by the appointment of one of the alternates
for an initial term that is a year less than a regular term. A vacancy
occurring otherwise than by expiration of term shall be filled by
the governing body for the unexpired term only. Alternate members
shall serve until their respective successors are appointed and shall
qualify.
c.
At its Annual Reorganizational Meeting, the Board shall establish
a Schedule of Meetings of the Board. The Board shall meet at least
once per month for the purpose of performing its duties and considering,
as may be deemed appropriate, matters affecting public parks and playgrounds,
recreational facilities and programs administered by the Board within
the Borough of Bloomingdale.
d.
At its Annual Reorganizational Meeting, the Board shall adopt Bylaws,
which shall prescribe the rules and regulations for the conduct of
its Meeting. The Bylaws of the Board shall be subject to review and
approval by the governing body of the Borough of Bloomingdale.
e.
At its Annual Reorganization Meeting, the Board shall elect, from
its membership, a President; Vice President; Secretary and Treasurer,
who shall perform such duties as may be prescribed by the Bylaws of
the Board. Alternate members shall not be eligible to hold any of
the officer positions of the Board, nor shall any alternate member
be placed in a voting position except in the absence or disqualification
of a regular member of the Board of Recreation Commissioners.
[1]
Editor's Note: Former Subsections 2-64.3, Creation and Organization
of Citizens' Advisory Committees and 2-64.4, Terms of Offices, previously
codified herein and containing portions of Ordinance Nos. 6-2000 and
3-2001, were repealed in their entirety by Ordinance No. 1-2011.
[Ord. No. 6-2000 § 1
[61-5]]
a.
Each Commissioner shall have the right to participate in the discussion
and debate of the policies and programs of the Board and to vote upon
all matters presented for consideration at Meetings of the Board.
b.
The Board shall expressly have the authority to engage in the following
activities:
1.
To acquire lands for public playground and recreational purposes,
pursuant to N.J.S.A. 40:12-3 and 12-4;
2.
To arrange, and provide funding for, exhibitions, plays, concerts,
games and contests, pursuant to N.J.S.A. 40:12-5; and
3.
To regulate, by written rules and regulations, the use and enjoyment
of all playgrounds and recreational facilities, pursuant to N.J.S.A.
40:12-6.
4.
To charge and collect such user fees, as may be established by the
rules and regulations of the Board, from persons using public parks,
playgrounds and other Borough recreational facilities for the purpose
of financing, in whole or in part, the care, maintenance and/or improvement
of the areas; and
5.
To expend such monies allocated to the Board by the governing body
of the Borough of Bloomingdale in its annual Municipal Budget for
the purpose of implementing the Board's Recreational Analysis Plan
("Plan"), which monies shall be paid out by the Borough Treasurer
upon the warrant of the Board, signed by the President thereof and
attested to by the Secretary thereof.
c.
The Board shall have the duty and responsibility to develop by November
1 of each year a Plan, which shall:
1.
Identify the Borough's recreational programmatic and facility needs
on a one year, three year and five year basis;
2.
Define the potential methods and means by which to satisfy the needs,
including therein estimates of sums necessary to care, maintain and
improve public parks and playgrounds within the Borough of Bloomingdale;
3.
Assess the benefits and costs of implementing such potential means,
including by evaluation of their fiscal, social and other relevant
impacts;
4.
Review the effectiveness of existing Board rules and regulations;
and
5.
Recommend a plan of action, which shall:
(a)
Propose how the Borough should address its recreational programmatic
and facility needs on a one year, three year and five year basis,
including therein estimates of such sums as may be determined to be
necessary to accomplish the Plan's objectives; and
(b)
Propose, as necessary, how the Board should revise its existing
Board rules and regulations to ensure that the Board fulfills its
mission of maximizing the use and enjoyment of Borough recreational
programs and facilities.
d.
The Board shall have the duty and responsibility to invite and accept
public participation in the development of the Plan, including by
soliciting public comment in such manner and at such times as may
maximize public input into the development of the Plan.
e.
The Board shall have the duty and responsibility to present the Plan
to the governing body of the Borough of Bloomingdale for its review
and comment prior to final adoption and implementation of the Plan
by the Board.
f.
Following the adoption and implementation of the Plan, the Board
shall evaluate the effectiveness of the Plan and present such evaluations
to the governing body of the Borough of Bloomingdale on a quarterly
basis. Such evaluations are to be considered in the preparation of
the next annual Plan.
g.
The Board shall have the duty and responsibility to ensure that all
expenditures of Borough monies within its control are made in accordance
with State bidding requirements and Borough administrative spending
guidelines and policies.
[Ord. No. 6-2000 § [61-6]]
a.
Alternates shall have the same rights and duties as Commissioners,
except that they may only vote in the event of the absence or disqualification
of a Commissioner and upon appointment to serve as an Alternate at
a given Meeting of the Board.
[Ord. No. 6-2000 § 1
[61-7]]
a.
Neither the Board nor any Commissioner, Alternate or Advisor shall
have any authority to incur any obligation in the name, or on account,
of the Borough of Bloomingdale, except as may be expressly authorized
from time-to-time by the governing body of the Borough of Bloomingdale
or has been authorized by the provisions of this section.
b.
Neither the Board nor any Commissioner, Alternate or Advisor shall
permit to be used or reproduced for political or commercial purposes
any documents maintained by the Board or any Commissioner, Alternate
or Advisor in connection with the Board's recreational programming
or policymaking.
c.
Neither the Board nor any Commissioner, Alternate or Advisor shall
engage in, or otherwise permit, any political activity in connection
with the Board recreational programming or policymaking.
d.
No Commissioner, Alternate or Advisor shall receive any compensation
or any other form or remuneration for serving as a member of the Board
or on a Citizen Advisory Committee.
e.
No Commissioner, Alternate or Advisor shall participate in, or act
in any manner upon, any matter as to which the Commissioner, Alternate
or Advisor has any personal or financial interest, which interest
shall be fully disclosed.
f.
Neither the Board nor any Commissioner, Alternate or Advisor shall
delay the discussion of, or action upon, any matter in order to prevent
an Alternate from participating or acting upon such matter due to
the absence or disqualification of a Commissioner.
[Ord. No. 6-2000 § 1
[61-8]]
a.
A Commissioner or Alternate who fails to attend three consecutive
meetings of the Board, without being formally excused for the absences,
shall be subject to discharge from the Board by Resolution of the
governing body of the Borough of Bloomingdale, which shall appoint
a successor in accordance with the provisions of this section.
[Ord. No. 6-2000 § 1
[61-9]]
a.
The governing body shall have the authority to review any decision
rendered by the Board provided that four members of the governing
body vote by formal Resolution to do so.
b.
During the review, the Board shall be permitted a reasonable opportunity
to appear before the governing body to justify the Board's decision.
c.
Decisions of the Board are subject to reversal or modification only
upon a vote by formal Resolution of four members of the governing
body, which Resolution shall specify the ruling and reasoning of the
governing body with reasonable specificity.
[Ord. No. 6-2000 § 1
[61-10]]
This section shall take effect immediately upon publication,
as required by law.
[Ord. No. 8-2002 § I; Ord. No. 2-2003 § I; Ord. No. 10-2003 § II; Ord. No. 12-2003 § I; Ord. No. 04-2005 § I; Ord. No. 23-2006 § 1; Ord. No. 10-2007 § 1; Ord. No. 10-2008 § 1; Ord. No. 2-2009 § 1; Ord. No. 16-2009 § 1; Ord. No. 3-2010 § 1; Ord. No. 2-2012; Ord. No.
13-2013; Ord. No. 11-2015 § 2; Ord. No. 4-2016 § 1; Ord. No. 11-2016 § 1; Ord. No. 8-2017; Ord. No. 18-2017; Ord. No. 12-2018; amended 4-2-2019 by Ord. No. 7-2019; 10-22-2019 by Ord. No. 29-2019; 5-19-2020 by Ord. No. 16-2020; 3-15-2022 by Ord. No. 3-2022; 3-7-2023 by Ord. No. 9-2023; 4-4-2023 by Ord. No. 12-2023; 5-16-2023 by Ord. No. 22-2023; 4-2-2024 by Ord. No. 4-2024]
a.
With the advice and consent of the Mayor and Council, the Board shall
have the ability to charge and collect fees ranging from $0 to $150
from persons participating in the following Board-sponsored recreational
programs:
|
Activity
|
|---|
|
Summer Recreation, 1 Child Sign Up
|
|
Summer Recreation, 2nd Child Sign Up
|
|
Field Hockey [Clinic (Spring and Fall session) and League (Spring
and Fall season)]
|
|
Youth Gymnastics (Fall, Winter and Spring sessions)
|
|
Pilates (Fall, Winter and Spring sessions)
|
|
Soccer Camp (Summer session)
|
|
Basketball (season)
|
|
Adult Badminton (school year)
|
|
Lego Techno Logics (Fall, Winter and Spring sessions)
|
|
Playgroup (Fall, Winter and Spring sessions)
|
|
Imagine With Music for Children (Fall, Winter and Spring sessions)
|
|
Fun Fridays Program (determined by Rec Commission)
|
|
Mommy and Me Gymnastics (Rolling Rascals) (Fall, Winter and
Spring sessions)
|
|
Mommy and Me Art Class (Pint Sized Picassos) (Fall, Winter and
Spring sessions)
|
|
Art Class (Grades 1-4) (Fall, Winter and Spring sessions)
|
|
Rec. Center Rentals (all year)
|
|
Zumba (ongoing per class or $10 per class)
|
|
Song and Dance (Fall, Winter and Spring)
|
|
Choir (school year)
|
|
Men's Softball (per season)
|
|
Tap and Jazz (Fall, Winter and Spring)
|
|
Women's Softball (per season)
|
|
Adult and Teen Art Classes (ongoing per class or $35 per class)
|
|
Adult Tap Class (Fall, Winter and Spring)
|
|
Adult Choir
|
|
Community Art Guild
|
|
S.T.E.M. Programs
|
|
Team Building Programs
|
|
Tennis
|
|
Yoga
|
|
Cornhole
|
|
Pickleball
|
|
Fencing
|
|
Trips
|
|
Recreation events
|
|
Summer Day Camp Bloomingdale Residents:
| |
|---|---|
|
Day Camp tuition:
|
Range from $0 to $300 per person/per week.
|
|
CIT (Counselor in Training):
|
Range from $0 to $40 per day.
|
|
Trip fee:
|
Range from $0 to $50 per person.
|
|
Hourly a.m./p.m. care fee:
|
Range from $0 to $10 per hour/per person.
|
|
Transportation fee:
|
Range from $0 to $25 per person/per week.
|
|
Day Camp overnight:
|
Range from $0 to $40 per person.
|
|
Out of Town Residents:
| |
|---|---|
|
Day Camp tuition:
|
Range from $0 to $350 per person/per week.
|
|
CIT (Counselor in Training):
|
Range from $0 to $50 per day.
|
|
Trip fee:
|
Range from $0 to $50 per person.
|
|
Hourly a.m./p.m. care fee:
|
Range from $0 to $10 per hour/per person.
|
|
Transportation fee:
|
Range from $0 to $25 per person/per week.
|
|
Day Camp overnight:
|
Range from $0 to $40 per person.
|
|
Additional Programs:
| |
|---|---|
|
"Grind to Be Great" Football Training
|
$25 per person/per week
|
|
Ski Program:
|
Range from $0 to $600.
|
b.
A $5
discount shall be given for all recreation programs where siblings
from the same family are registered to attend together.
c.
Recreation events scheduled by the Recreation Commission shall have
a fee range of $0 to $500 as determined by the Recreation Commission.
d.
The Recreation Director shall have the authority to prorate fees
where applicable. Use of a community garden plot shall have an annual
fee of $25.
e.
Any new programs and fees not hereinabove listed or changes to fees
charged by the Board which are not in excess of $250 shall hereafter
be made by resolution of the governing body of the Borough.
g.
There shall be a fee of $5 to $10 for online payments for credit
cards for Recreation.
[Ord. No. 10-2001; Ord. No. 6-2012]
There is hereby established a reserve in the General Capital
Fund of the municipal budget of the Borough of Bloomingdale that shall
be noted and designated as the Recreation and Open Space Establishment
Trust Fund ("ROSE Fund"). A separate bank account shall be established
and maintained by the Borough of Bloomingdale for such reserve, which
shall be entitled "ROSE Fund."
[Ord. No. 10-2001; Ord. No. 6-2012]
The ROSE Fund shall be utilized by the governing body for the
following purposes:
a.
To finance the maintenance, improvement and/or expansion of public
recreational facilities within the Borough;
b.
To finance the acquisition of land and/or development rights in land;
the appraisal of such land and/or rights in land; and any other items
of expense accrued in connection with any such acquisition or appraisal,
as may be permitted by law;
c.
To finance the down payment required to issue bonds and/or notes
to raise capital for public recreational facility or open space preservation
projects; and
d.
To finance debt service incurred in connection with the issuance
of bonds and/or notes to raise capital for public recreational facility
or open space preservation projects.
[Ord. No. 10-2001; Ord. No. 6-2012]
a.
The ROSE Fund shall be funded through the dedication thereto of the
amount of two and one-half ($0.025) cents per $100 of assessed valuation
of each annual tax levy commencing with the year 2001. Regular members
and alternate members of the Planning Board, Environmental Commission,
and Recreation Commission, shall be eligible to be members of the
ROSE Fund Advisory Board.
b.
The ROSE Fund shall also be permitted to accept donations, testamentary
bequests and other sources of private and public funding.
[Ord. No. 10-2001; Ord. No. 6-2012]
a.
There is hereby established the ROSE Fund Advisory Board ("Board"),
which shall consist of five members, including one Planning Board
Commissioner; one Environmental Commissioner; one Recreation Commissioner;
and two residents of the Borough of Bloomingdale who are not presently
serving as Commissioners of the Planning Board, Environmental Commission
and/or Recreation Commission.
b.
Members of the Board shall be appointed by the Mayor, subject to
confirmation by the Borough Council, for terms of one, two and three
years, such that not more than two members are appointed in any one
year.
c.
A liaison representing the governing body shall be appointed by the
Mayor, subject to confirmation by the Borough Council, for a term
of one year.
[Ord. No. 10-2001; Ord. No. 6-2012]
a.
The Board shall select from among its members a Chairperson, who
shall act as its Presiding Officer, and a Vice Chairperson, who shall
act as its Presiding Officer in the absence of the Chairperson.
b.
The Board shall also select a Secretary, whose function shall be
to maintain accurate minutes of the Board's meetings and records of
the Board's proceedings.
[Ord. No. 10-2001; Ord. No. 6-2012]
The Board is hereby empowered to make recommendations to the
governing body with respect to the identification and prioritization
of projects for financing through appropriations from the ROSE Fund.
Such recommendations shall be determined through the following process:
a.
The members of the Board shall review the Borough's Open Space Master
Plan ("Plan").
b.
Upon said review, the Board shall conduct at least two public hearings
with respect to the Plan. Such hearings shall be conducted on seven
days' published written notice and in accordance with the Open Public
Meetings Act. A record of each such hearing shall be maintained by
the Board for its review and comment thereon.
c.
Upon the completion of the Board's public hearings, the Board shall
prepare and submit to the governing body the ROSE Fund Report ("Report"),
which shall set forth the Board's recommendations for specific open
space preservation and recreational facility maintenance, improvement
and/or expansion projects to be financed through appropriations from
the ROSE Fund.
d.
The Report shall identify the location, type and funding allocation
required for each open space (i.e. land acquisition, development rights
purchase, etc.) and/or recreational (i.e. maintenance, expansion,
etc.) project proposed for funding from the ROSE Fund.
e.
The Report shall also prioritize each such project against other
like projects (i.e. open space vs. open space; recreation vs. recreation)
as well as against other types of projects (i.e. open space vs. recreation).
In prioritizing projects for funding from the ROSE Fund, the Board
shall consider, but shall not be limited to, the following factors:
1.
The physical characteristics of the land, including the presence
of wetlands, surface waters, floodplains, slopes greater than 15%
in grade, ridgelines, forested areas, scenic landscapes and historic
features;
2.
The environmental impact of the land, including with respect to endangered
species, plant and wildlife habitat, trout production streams or headwaters,
groundwater recharge areas, and wellhead areas;
3.
The zoning and use of the land as compared with surrounding and adjacent
parcels, including its linkage with existing tracts of open space
and/or recreational facilities;
4.
The suitability of the land for active and/or passive public use;
5.
The availability and accessibility of the land for public use;
6.
The likelihood and timing of development of the land; and
7.
The affordability of the project, including the availability of funding
from other sources, whether public or private.
f.
Upon its completion, the Board shall present its Report to the governing
body, which shall review the same and shall determine in its sole
direction from the recommendations set forth therein the projects
that shall be financed, in whole or in part, through appropriations
from the ROSE Fund.
[Ord. No. 10-2001; Ord. No. 6-2012]
a.
As directed by the governing body, monies deposited in the ROSE Fund
shall be utilized to finance projects involving the maintenance, improvement
and/or expansion of recreational facilities and/or the acquisition
of vacant land and land containing improvements and Blue Acres projects,
where the principal purposes of said acquisition are the preservation
of open space and/or the promotion of the use of public recreational
facilities within the Borough of Bloomingdale. No funds shall be appropriated
for any such project until the disbursement is authorized by the governing
body in the manner prescribed by law.
b.
Upon selection of the acquisition projects to be financed, in whole
or in part, through appropriations from the ROSE Fund, the governing
body may proceed to acquire by gift, purchase or eminent domain proceedings,
pursuant to N.J.S.A. 20:3-1, et seq., such parcels within the financial
constraints established by the governing body.
c.
In the event that the governing body shall find and determine that
it is appropriate to apportion the cost of said acquisition between
the preservation of open space and the rendering of some public improvement,
then it may do so and charge to the ROSE Fund the approximate value
of the acquisition for preservation purposes and charge to the General
Capital Account the approximate value of the public improvement.
d.
"Blue Acres projects" are defined by N.J.S.A. 40:12-15.7(g) any project
to acquire, for recreation and conservation purposes, lands that have
been damaged by, or may be prone to incurring damage caused by, storms
or storm-related flooding, or that may buffer or protect other lands
from such damage, and includes the demolition of structures on, the
removal of debris from, and the restoration of those lands to a nature
state or to a state useful for recreation, and conservation purposes.
