[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 6-7-1978 by Ord. No. 1301. 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 "West New York Swimming
Pool Commission."
A.
Number. The Commission shall consist of five residents
of the Town of West New York appointed by the Mayor, by and with the consent
of the governing body. The Mayor shall serve as liaison to the Commission
but shall not vote.
B.
Term. Of the Commissioners first appointed, two shall
have terms expiring on December 31, 1978, two shall have terms expiring on
December 31, 1979, and one shall have a term expiring December 31, 1980. The
term of each Commissioner thereafter appointed shall be 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 predecessor's term.
C.
Compensation. The members of the Commission shall serve
without compensation, but their necessary expenses shall be paid by the Town
of West New York.
The Commission shall meet at the Municipal Building in not less than
10 regular monthly meetings in each calendar year. Its meeting in January
of each year shall be deemed its organization meeting, at which, among other
matters, it shall, subject to applicable state and municipal regulations,
ordinances and statutes:
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 the
associated recreational, playground and entertainment facility (herein collectively
referred to as the "facility") on the lands and premises located along the
southerly side of Hillside Road, approximately 100 feet from the intersection
of the southerly side of Hillside Road with the intersection of the easterly
side of Boulevard East as it meets at the intersection of 60th Street and
Boulevard East, said parcel of land being shown as the development site on
the map prepared by Richard B. Rivardo, Jr., AIA (PA) Architects, and inserted
in the specifications for the Swimming Pool Complex, Phase Two, West New York,
New Jersey. Said specifications bear the date July 9, 1976, and are listed
in the Table of Contents thereof as the "location map."
A.
The Commission shall:
(1)
Formulate plans for the development and improvement of
the facility.
(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.
(4)
Generally supervise and administer all such plans, methods,
arrangements, fees and rental charges, rules and regulations as have been
approved and authorized by the Mayor and Commissioners of the Town of West
New York.
B.
The Commission shall not have the power to incur any
obligations in the name, or for the account, of the town or of the Commission,
except as authorized from time to time by the Mayor and Commissioners of the
Town of West New York as provided in the Swimming Pool Commission's annual
budget, previously approved by the Mayor and Commissioners of the Town of
West New York.
No later than December 1 of each year, the Swimming Pool Commission
shall prepare and submit to the Mayor and Commissioners of the Town of West
New York a proposed budget for operation of the facility during the next following
calendar year. The Mayor and Commissioners of the Town of West New York shall
have the plenary power to approve, disapprove, modify or revise such budget,
and the Swimming Pool Commission shall expend funds only in accordance with
such approved budget.
A.
All purchases of supplies, equipment, construction work
and services, other than employees' services, shall be made through the
offices of the Town Purchasing Agent.
B.
The estimated cost of services or material furnished
by departments or employees of the Town of West New York to the facility shall
be charged to the Swimming Pool Commission's Utility Account and charged
against its budget so that the total cost of the facility to the Town of West
New York can be determined in accordance with standard municipal accounting
procedures consistently applied.
All financial records of the Swimming Pool Commission shall be kept
and preserved permanently and in accordance with law, standard municipal accounting
practices to be consistently applied. Such records shall be deemed public
records and shall be open for public inspection during reasonable business
hours.
A.
The Swimming Pool Commission shall have full charge of
the hiring 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 Town of West New York.[1]
B.
The Swimming Pool Commission, in its discretion, by resolution,
may delegate to a pool manager revocable employment powers, including the
power to employ such nonmanagerial personnel as may be included in the scope
of the Commission's resolution.
C.
By reason of the nature of the services to be rendered
by the Commission's personnel, the provisions of the Town of West New
York 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 town employee.
D.
The Swimming Pool Commission shall have the right to
terminate the services of any nonmanagerial employee and the Mayor and Commissioners
of the Town of West New York shall have the right to terminate the services
of the pool manager or any other managerial employee hired by the Swimming
Pool Commission.
All matters relating to the general supervision, control, operation,
maintenance and regulation of the facility not expressly delegated by this
chapter to the Swimming Pool Commission are hereby reserved by and to the
Mayor and Commissioners of the Town of West New York, 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.
All ordinances or parts of ordinances inconsistent with the provisions
of this chapter are hereby repealed as to such inconsistencies and to the
extent required to establish that, as to the facility and the land on which
it is situate, the sole and exclusive authority for the supervision, management,
authority and control is jointly vested in the West New York Swimming Pool
Commission and the Mayor and Commissioners of the Town of West New York as
hereinbefore provided.
