[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 6-27-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
There is hereby created and established in and for the Town of Wawarsing and Village of Ellenville, pursuant to Article 13 of the General Municipal Law, a commission to be known as the joint "Ellenville/Wawarsing Parks and Recreation Commission," which shall have all the powers and be subject to all responsibilities given to, imposed on or required of such Commission under the appropriate laws of the State of New York, and as otherwise set forth herein.
The purposes and objections of the Commission shall be as follows:
To plan and provide opportunities for the residents of the Town of Wawarsing and Village of Ellenville for recreation, relaxation, and enjoyment through participation in a wide variety of programs of a recreational nature.
To study the recreational and parks needs and resources of the Village/Town.
To achieve maximum return from moneys expended for such programs by encouraging broad use of such programs, by good management and prudent selection of such programs, and by establishing an appropriate division between tax-supported, partially tax-supported, and self-sustaining programs.
To encourage recreational programs and activity, whether directly sponsored by the Commission or otherwise.
To encourage broad community participation in its programs and coordinate its policies and activities with those of the Village Board/Town Board (and other municipal bodies or agencies charged with the administration of the park system), and with the various school districts lying wholly or partly within the boundaries of the Town.
This Commission shall be appointed by the Village Board/Town Board and shall consist of 11 residents. One member will be the Ulster County Director of Tourism, the Village Board will appoint five members, and the Town Board will appoint five members. Each Board can appoint one resident from outside the Village/Town, but residing within Ulster County. The members shall serve without pay, except for reimbursement of necessary expenses subject to the approval of the Village Board/Town Board. The term of office of each person shall be five years or until his or her successor is appointed and qualified, except that the members of such Commission first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter. Vacancies in such Commission occurring otherwise than by expiration of term shall be filled by the Village Board/Town Board for the unexpired term. The Village Mayor and Town Supervisor shall be ex officio members of the Commission. The Town of Wawarsing Highway Superintendent and the Village of Ellenville Street Department Working Foreman will also serve as exofficio members.
Immediately after the appointment of the Commission, the members shall meet and organize by electing one of the members Chairman, Secretary and such other officers as they shall deem necessary for a term of one year. Thereafter, the members of the Commission shall annually, during the first week in January, select from their number a Chairman, a Secretary, and such other officers as they shall deem necessary, who shall serve for terms of one year from their election or until their successors are elected or chosen. The Commission shall hold at least one regular meeting every three months and preferably will hold a regular meeting each month, which shall be open to the public; and it shall adopt rules of procedure of the conduct of all business within its jurisdiction and consistent herewith, and such rules shall thereafter be and continue in effect except as modified, changed, or amended by the Commission.
The Commission shall have the power and the responsibility, within and under Article 13 of the General Municipal Law of New York and this chapter, for the following functions:
The equipping, operating and maintaining of such facilities, sites, premises or buildings as shall be designated by the governing Board of the municipalities as a playground or a recreation center or a park to be administered by the Commission. Nothing herein shall be construed to require the governing Board of the municipalities to designate any premises, facility, site, park or building to be so administered or operated.
The planning for future recreation and parks needs of the municipalities and the review and study of such needs and the municipalities' resources, considering in this connection such matters as recommendations from interested groups or citizens, the moneys made available by the municipalities, the facilities and physical configuration of the municipalities and their various geographical and overall requirements, the availability of programs and personnel and other matters pertinent thereto. The Commission shall be charged with executing such plans and establishing such programs as it may have funds available therefor.
The operation and maintenance of, and the making, publishing and amending of rules and regulations governing the use of, such sites, premises, facilities, parks or buildings; and the conducting of recreational programs at such locations in such fashion or place as the Commission may decide. The power to make, publish and amend rules and regulations shall include the power, within the limits of applicable laws, to exclude violators of such rules, individuals who fail to pay fees established for entry to such facilities or programs, and nonresidents of the municipalities from such locations, facilities, or programs. Any rules and regulations made, published or amended by the Commission that are approved by the governing Board of the municipalities shall have the same force and effect as if same had been adopted by such governing Board of the municipalities and may be enforced through issuance of appearance tickets under Article 150 of the Criminal Procedure Law.
The establishment and collection of fees for the use of any such facilities or programs and/or the acceptance of moneys by way of gift, devise or bequest from any source to be used for recreational or other purposes within the power and responsibility of the Commission. Any moneys so received, on collection by a Commission representative or municipal employee, shall be deposited with the Town/Village to the Commission's account, to be withdrawn and paid out in the same manner as other moneys appropriated for recreational purposes.
The acceptance and use, subject to the approval of the governing Board of the municipality, of any grant or devise of real estate solely for playground, park or recreational use; or acceptance and use of a grant, devise or bequest of personal property for temporary or permanent use for playground, park, recreation or other authorized purposes within the power of the Commission; provided, however, that the Commission or its employees may not expend any taxpayer moneys to solicit such donations.
The preparation and submission to the Village Board/Town Board, annually by September 1 of each year, of a recommended budget of expenditures for recreational and park development purposes for the coming year, which budget may be approved, in whole or in part, or added to as determined by the governing Board of the municipality. Such budget shall clearly show proposed allocated costs of and proposed expenditures for proposed programs and shall include the information required under Subsection G below for the annual report, to the extent available at that time.
The making, submitting and filing of a detailed annual report to and with the Village Board/Town Board with respect to its activities during any calendar year, not later than three months after the conclusion of such calendar year. Such report shall include, without being limited to, the following:
A description of each program conducted by the Commission, and how conducted.
The number of attendees and the persons served thereby or participating therein, separated into categories of youth and adult.
The location of the activity.
The expenditure of funds thereon, classified as to source or sources thereof.
The degree to which the program is tax (or fee) supported.
The recommendation to the Village Board/Town Board, from time to time, of joint recreational programs with neighboring municipalities and/or any of the school districts lying wholly in or partially within the Village/Town within the limitations of § 244 of the General Municipal Law.
The Commission shall from time to time submit vouchers to the governing Board of the respective municipality for the expenditure of money budgeted and allocated for Commission-related expenditures.
Each fiscal year the respective municipalities shall allocate funds for Commission purposes to cover budget and anticipated expenses for the parks and recreational activities contained within that municipality. The revenues of the respective municipalities shall not be commingled unless and except funds are received by way of grant, devise or gift to the Commission, in which event, the designated funds shall be held in an account to be maintained by the Town. The release of funds therein shall be subject to the procedures of the Town under its audit and procurement policies then in effect.
The Commission shall not, unless authorized by the adoption of a superseding local law and/or ordinance by both the Town Board of the Town of Wawarsing and the Board of Trustees of the Village of Ellenville, have the power to hire or fire employees or have the power to contract in its name.