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Ogdensburg council leaves Heaters Pond rules unchanged amid lifeguard, liability issues
Summary
At its June 28 meeting the Ogdensburg Borough Council acknowledged staffing and insurance barriers that prevented adoption of a new Heaters Pond ordinance, deciding to follow existing ordinance 6-1.2 (swimming permitted only when lifeguards are on duty) and to keep guest-pass and nonresident rules unchanged for the season.
Mayor George P. Hutnick and members of the Ogdensburg Borough Council on June 28 discussed recurring problems with Heaters Pond operations but did not adopt a new ordinance to change hours, guest badges or nonresident use for the 2021 season.
Hutnick said the council had repeatedly discussed changes but never finalized an ordinance and that the town must operate under the current code, reading from the borough’s rule that recreational swimming is authorized under Ordinance 6-1.2. Because of staff shortages the borough shortened daily hours earlier in the season and will continue to limit access when lifeguards are not on duty, council members said.
Councilwoman O’Dell and others said the changes had been debated for months but were stalled over funding and staffing. Councilman Nardini noted that organizations such as the Ogdensburg Recreation Association (ORA) had been absorbing new costs (porta-johns, insurance) they had not previously paid and that some rentals went unacknowledged because the ordinance language and permit procedures were not finalized.
Borough Attorney Robert McBriar advised the council that the existing ordinance does not compel the noon–6 p.m. schedule if lifeguards are not available, and he cautioned the council that allowing swim coaches or outside groups to staff beach hours as if they were municipal employees raises liability questions that must be cleared with the borough’s risk manager. "ORA is a domestic non-profit corporation," McBriar clarified when asked about its status, and he said it is not a political subdivision of the municipality.
Council members discussed two main options: bring recreation into municipal operations so the town hires and insures staff directly, or continue to allow third-party groups to use facilities under a facility-use permit that requires certificates of insurance and other conditions. Hutnick said a subcommittee is drafting an ordinance but that the text will not be ready in time to affect the 2021 season.
Practical steps the council agreed to for the near term included following the status quo on guest passes per the existing ordinance, requiring lifeguards on duty for swimming, and reviewing whether swim coaches with lifeguard certification could be deployed after insurance and employment-status questions are resolved. The discussion also touched on minor maintenance work at the guard shack and potential use of existing capital funds for docks or engineering.
The council did not take a formal vote on a new ordinance; the pond will operate under current code until a revised ordinance is finalized and adopted.
