[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:
A.
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.
B.
To study the recreational and parks needs and resources of the Village/Town.
C.
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.
D.
To encourage recreational programs and activity, whether directly
sponsored by the Commission or otherwise.
E.
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.
[Amended 6-27-2022 by L.L. No. 4-2022]
A.
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 two
residents 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 ex officio 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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
(1)
A description of each program conducted by the Commission, and how
conducted.
(2)
The number of attendees and the persons served thereby or participating
therein, separated into categories of youth and adult.
(3)
The location of the activity.
(4)
The expenditure of funds thereon, classified as to source or sources
thereof.
(5)
The degree to which the program is tax (or fee) supported.
H.
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.
I.
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.
J.
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.
K.
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.
