[Code 1964, § 18-33; L.L. No. 3-1978, § 1; L.L. No. 5-1985, § 1]
(a)
The Municipal Golf Commission consists of five members appointed
by the Mayor shall be residents of the City. Members shall not be
employees of the City or hold an appointment to a City board, commission,
or authority.
(b)
Members serve for a term of three years except as otherwise provided
in this division.
(c)
The terms of office for the first members of the Commission are as
follows:
(d)
Following the appointment of the golf Commissioners, the Commission
shall elect its own Chairperson.
(e)
The Mayor, the majority leader of the Common Council and the minority
leader of the Common Council shall serve as ex officio members of
the Golf Commission.
(f)
There shall at no time be more than three members of any one political
party on the Commission.
(g)
In the event of a vacancy in the Commission for any cause whatsoever, the Mayor shall appoint a new member to fill the vacancy for the unexpired term of the Commissioner vacating his Commission appointment, in the same manner as set forth in Subsection (a) of this section.
(h)
Three members of the Commission shall constitute a quorum for the
transaction of Commission business.
(i)
No member of the Commission shall be removed by the Mayor except
for incompetency or misconduct in office after a hearing upon stated
written charges and an opportunity to be heard in person and/or legal
counsel upon not less than 10 days' notice.
(j)
The members of the Commission shall not receive any compensation.
(k)
The members of the Commission shall be guided by the rules of ethical
conduct as provided by law.
(l)
The Commission shall hold meetings during May and October of each
year for the purpose of discussing and reporting to the public the
financial, operational, and physical status and future plans for the
golf course.
[Code 1964, § 18-34; L.L. No. 3-1978, § 2; amended 6-5-2017 by L.L. No. 1-2017]
The Municipal Golf Commission shall have the power to appoint
a Manager to manage the municipal golf course for the City whose compensation
shall be determined and fixed by the Commission subject to the approval
of the Board of Estimate and Apportionment. The Manager to be appointed
shall have the appropriate experience deemed necessary by the Commission
to operate a municipal or private golf facility. The Manager appointed
shall have the power, subject to the approval of the Golf Commission
and the Board of Estimate and Apportionment, to appoint such administrative
personnel in such terms and conditions as he deems necessary to adequately
manage and operate the municipal golf course.
In the event that, after a diligent search, the Golf Commission has difficulty in hiring a qualified person to the position of Superintendent of Golf Course Maintenance because of the residency requirement in Section 2.045 of the Utica City Charter, then the Golf Commission may waive the residency requirement in the same manner as set forth in Section 2.045(c).
[Code 1964, § 18-35; L.L. No. 3-1978, § 3; L.L. No. 1-1982, § 1]
(a)
The Municipal Golf Commission shall have the power to operate and
manage the municipal golf course for the City as provided by law.
All rates, fees and charges whatsoever for use of the golf course
shall be set by the Commission.
(b)
It shall be the duty of the Commission to manage, operate, maintain
and govern the municipal golf course, pro shop and lower level of
the Bertolini Clubhouse on the premises. The upper portion of the
golf club is leased and shall not be within the purview or concern
of the Golf Commission until the lease is terminated and the Common
Council extends the scope of control of the entire clubhouse to the
Commission. The Commission, except as otherwise provided in this division
and by law, shall have full authority to engage and discharge such
employees as shall be necessary for the proper management, care, operation
and maintenance of the municipal golf course and appurtenant structures.
(c)
The Commission shall adopt such rules and regulations as apply to
the use of the golf course and other facilities as may be necessary
for its proper operation, maintenance and protection.
(d)
The lease of the concession for the sale of food and drink on that
portion or portions of the Bertolini Clubhouse under the control of
the Commission, and for the concession for the use of rental (electric
or gas) golf carts shall be awarded pursuant to law.
(e)
All revenues received from the operation of the golf course and the
rental of any and all concessions shall be deposited with the City
Treasurer who shall maintain a separate account of such revenues.
No expenditures, incidental to the management, maintenance and operation
of the golf course, shall be made except on the submission of proper
purchase orders and vouchers approved by the Commission and after
audit by the Comptroller, and in accordance with the law.
(f)
The present inventory of equipment and parts assigned to the golf
course operation shall be under the exclusive possession and control
of the Commission. Storage and maintenance space at the Department
of Parks garage shall be reserved for the care, repair or maintenance
of the inventory.
[Code 1964, § 18-36; L.L. No. 3-1978, § 4]
(a)
The Municipal Golf Commission shall prepare an annual line budget
and submit same to the Mayor and the Common Council by December 15
of each year.
(b)
The Comptroller shall provide an account and fund number for the
establishment of "The Municipal Golf Commission, City of Utica Revenue
Fund." The Commission shall receive and account for all revenue from
the operation of the municipal golf course and the Treasurer shall
deposit all such funds in a separate fund to be known as "The Municipal
Golf Commission, City of Utica Revenue Fund." All expenditures approved
by the Golf Commission shall be paid by the Comptroller from the Municipal
Golf Commission, City of Utica Revenue Fund, including all expenditures
for the operation and management of the municipal golf course. If
after all operational obligations have been met by the Commission,
a surplus exists in the Municipal Golf Commission, City of Utica Revenue
Fund, the surplus shall be deposited by the Treasurer in a capital
improvement reserve fund for future capital expenditures. In no event
shall any surplus funds of the Golf Commission be transferred by any
City officer from the Municipal Golf Commission, City of Utica Revenue
Fund account or the capital improvement reserve fund to the general
fund of the City, except as provided by law.
(c)
The Commission shall keep books in accordance with the law and procedures
outlined by the Comptroller in which shall be entered all of its fiscal
transactions. It shall exhibit such books to the Comptroller and any
other officer authorized by law for inspection at any time required.
The Commission shall transmit to the Comptroller, the Common Council,
and the Board of Estimate and Apportionment monthly statements of
monies received, expended and committed to be expended by it from
the Municipal Golf Commission, City of Utica Revenue Fund account
or from the capital improvement reserve fund. The Commission by its
duly authorized employee shall render to the Comptroller at the end
of each day's business during the season and weekly thereafter a detailed
statement of all monies received and paid out by it. No money shall
be drawn from any Golf Commission funds, except pursuant to law or
by purchase orders and vouchers approved and upon checks issued by
the Comptroller from the funds provided therefor in the annual line
budget of the Commission.
[1964, § 18-37; L.L. No. 3-1978, § 5]
The Corporation Counsel shall be the attorney and the legal
advisor of the Commission, and shall furnish advice in a similar manner
required by law to do for other departments, boards or commissions
of the City.
[Code 1964, § 18-38; L.L. No. 3-1978, § 6]
The City Engineer shall advise and counsel the Commission regarding
public works, including capital improvements undertaken at the municipal
golf course in a similar manner as required by law to do for other
departments of the City.
