[HISTORY: Adopted by Town Meeting of the
Town of Brookfield 1-16-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Building Committee — See Ch. 13.
[1]
Editor's Note: This ordinance also repealed
former Ch. 46, Park and Recreation Commission, adopted 1-16-1959 by
Town Meeting of the Town of Brookfield, as amended.
There is hereby established a Park and Recreation
Commission of the Town of Brookfield, which shall be known as the
"Park and Recreation Commission."
The Park and Recreation Commission shall consist of five members and three alternates, who shall be appointed by the Board of Selectmen in accordance with the provisions of § C4-12, § C7-4, § C7-5 and § C7-6 of the Town Charter. The qualifications of said members and alternates shall be as set forth in § C7-3 of the Town Charter. The terms of office of said members and alternates shall be as set forth in Exhibit A of the Town Charter, except that the current members and alternates of the Commission shall serve for the balance of the terms for which they were appointed.
A member of the Board of Selectmen, appointed pursuant to the provisions of § C5-2F of the Town Charter, and a member of the Board of Education, appointed by said Board, shall serve as ex officio members of the Commission.
The procedures of the Commission, including election of officers, shall be as set forth in § C7-1 of the Town Charter, subject to the following additional requirements:
A.
Regular meetings of the Commission shall be held not
less than once a month. The Commission may hold such special meetings
as it deems appropriate.
B.
The Commission shall maintain separate books of account
for income and expenses relating to activities funded by the Annual
Town Budget and for income and expenses relating to activities funded
by fees of the participants (self-sustaining fund activities).
The Commission shall have the following powers
and duties:
A.
To plan, organize supervise, control, direct and conduct
all recreational activities conducted on land owned, leased or otherwise
controlled by the Town, except that such activities on land under
the control of the Board of Education shall be supervised and controlled
by said Board unless said Board delegates the supervision and control
of recreational activities on said land to the Commission. The Commission
may also conduct recreational activities on private property with
the consent of the owner thereof and with the prior approval of the
Board of Selectmen.
B.
To plan, organize, supervise, control, direct and
conduct recreational activities which are to be funded entirely from
admission fees and other fees and charges to be paid by the participants
in said activities. Said activities shall be known as "self-sustaining."
C.
To control, manage, operate, supervise and maintain
all recreational facilities and structures, public parks, playgrounds,
play fields, bathing beaches and other recreational areas and facilities
owned or controlled by the Town, except those which are under the
control of the Board of Education. Said Board may, in its discretion,
delegate some or all of its authority over its recreational facilities
and structures to the Commission.
D.
To maintain all other land owned or controlled by
the Town whose maintenance has been delegated to the Commission by
the Board of Selectmen or the Board of Education.
E.
To advise and consult with the Board of Selectmen,
Board of Education and Municipal Building Committee with reference
to all municipal improvements which have the potential for use for
recreational purposes or for which the Commission will have the responsibility
for maintenance.
F.
To advise and make recommendations to the Board of
Selectmen with reference to the appointment, discipline or removal
of the Director of Parks and Recreation and to advise and make recommendations
to the First Selectmen with reference to the appointment, discipline
and removal of any Town employee who is employed to perform work for
or on behalf of the Commission.
G.
To recommend to the First Selectman the wage to be
paid to any employee who is to be paid out of the income received
from self-sustaining programs conducted by the Commission.
H.
To expend, for the purposes set forth in this chapter,
funds appropriated to it in the Annual Budget or any supplemental
appropriation.
I.
To expend, for proper purposes, funds donated to it
and funds derived from self-sustaining activities conducted under
its direction. With regard to self-sustaining income, funds in excess
of expenses may be accumulated to the extent that the balance (“threshold”)
at the end of each fiscal year does not exceed 20% of the average
annual revenue for the three previous fiscal years (the just ended
fiscal year and the two immediate fiscal years). These accumulated
funds may be used to fund revenue shortfalls and to provide financial
assistance to participants for activities sponsored by the Self-Sustaining
Fund, with the approval of the Parks and Recreation Commission; and
to fund capital and equipment expenditures directly related to recreation
programs within the Parks and Recreation Department, with the approval
of the Parks and Recreation Commission. Any such expenditure in excess
of $20,000 shall also require approval of the Board of Selectmen.
Annually, prior to the end of the fiscal year, the Board of Selectmen
shall review the fund balance in the self-sustaining account. Funds
in this account that exceed the threshold will be transferred to the
General Fund from time to time upon request of the Board of Selectmen
in accordance with provisions of the Town Charter.
[Amended 12-3-2012]
The Commission may impose admission fees and
other reasonable fees and charges for the use of the lands, facilities
and structures under its control. All such fees and charges, other
than those for self-sustaining activities, shall be approved by the
Board of Selectmen prior to being imposed. The Commission shall also
establish the fees and other charges to be paid for self-sustaining
activities.
The Commission may rent or permit the use of
the lands, facilities and structures under its control by private
individuals and organizations, provided that said rental or use does
not substantially interfere with the use of said lands, facilities
or structures by the residents of the Town. The Commission shall establish
rules and regulations for such rental and use, subject to the approval
thereof by the Board of Selectmen.
The Commission, with the prior approval of the
Board of Selectmen, may enter into contracts and other agreements
which are appropriate to enable it to perform the functions and duties
delegated to it by the provisions of this chapter, including contracts
for the provision by third parties of refreshments and other services
on lands, facilities and structures under its control. However, the
Commission shall not enter into any contract or agreement which shall
obligate the Town to the expenditure of funds in excess of the amount
appropriated therefore.
With the prior approval of the First Selectman,
the Commission may request assistance in the performance of its duties
from any other Town board, commission, department or agency. Such
assistance shall be provided in a timely and competent manner by such
other board, commission, department or agency.
In the event that any dispute arises between
the Commission and any other Town agency, board, commission or department
regarding their authority and control over any specific land, building
or facility owned or controlled by the Town, said dispute shall be
resolved by the Board of Selectmen, whose decision shall be final
and binding on the parties to the dispute.
