[HISTORY: Adopted by the Common Council 1-20-1998
by L.L. No. 1-1998. This local law provided that it take
effect 1-15-1998. Amendments noted where applicable.]
There is hereby created a Waterfront Commission for the
operation, maintenance and preservation of the city's waterfront areas,
which Commission shall be known as the "Waterfront Commission."
This Commission shall consist of five members appointed
by the Mayor with the consent of the Common Council. In addition, the Mayor,
the Director of the Community and Economic Development Department, the Recreation
Commissioner and a member of the Amsterdam Waterfront Foundation, Inc., shall
be ex officio members of the Waterfront Commission with no voting rights.
The initial designation of members shall be as follows:
The first two people appointed to the Commission shall serve until January
1, 1999; the second two people appointed shall serve until January 1, 2000;
the third person appointed shall serve until January 1, 2001. Thereafter,
when vacancies occur either by expiration of term of office, removal, resignation
or death, those vacancies shall be filled for a term of three years with each
term of office commencing on January 1 and expiring on December 31.
Vacancies in Commission positions created by unexpired terms, removal, resignation or death shall be filled in the same manner as the original appointments as set forth in § 58-1B of this chapter.
The Commission shall appoint from among its members,
by majority vote, a Chairman, Secretary and Treasurer of its organization.
These officers shall be elected at its annual meeting in January of each year
and shall serve for one-year terms. The Commission shall be authorized to
fill vacancies in officer positions occurring after their original election,
by majority vote, to serve until the next annual meeting.
Upon its initial organization the Commission shall, as
soon as possible, cause to be adopted a set of bylaws governing the conduct
of its affairs, which bylaws, when adopted, shall be approved by a majority
of the Common Council and filed with the City Clerk. These bylaws shall provide,
at a minimum, for an annual meeting to be held in January of each year, that
majority action of the Commission shall be required for approval of resolutions
and that a full financial accounting of the past year's activities (January
1 thru December 31) be filed with the City Clerk no later than March 1 of
the following year, which accounting shall adhere to generally accepted accounting
principles.
All revenues generated by the Commission shall be used
to cover Commission costs and assist in funding capital projects and/or operation
expenses at the Amsterdam Waterfront, including the Riverlink Park and any
other city-owned waterfront parks, marinas, docks or other waterfront developments.
The Director of the Community and Economic Development
Department has authority over all capital projects undertaken in the Amsterdam
waterfront area. The Common Council has final authority in deciding which
Capital Projects and programs the Commission will participate in. The Director
of the Community and Economic Development Department shall assist the Commission
in coordinating the preparation of operating and capital budgets (including
any amendment thereto) for the Amsterdam Waterfront and shall review and consult
with the Commission concerning operating assumptions, major fundraising projects,
budget allocations, maintenance and program priorities.
The city has authority to accept gifts to the Waterfront
Commission for designated projects subject to the provisions of the City Charter
and applicable state law.
Subject to the supervision and approval of the Director
of the Community and Economic Development Department, the Commission may provide
services to the Amsterdam Waterfront, including but not limited to horticulture,
maintenance, education, recreation, tours, food, products, programs, design
and construction and, where appropriate, may derive revenues through fees
and other charges (which will be used directly for maintenance or improvements
in the Amdsterdam Waterfront) for such services. The Director may require
the Commission to waive any such fees in connection with activities sponsored
by the city.
All revenues received from waterfront operations shall
be deposited with the Controller of the City of Amsterdam who shall maintain
a separate account of such revenues.
Purchases made by the Commission shall be made in accordance
with the purchasing policy of the City of Amsterdam. All expenditures of the
Commission shall be in accordance with the rules established by the City Controller.
After audit by the Common Council, in accordance with the provisions of the
City Charter, all such expenditures shall be chargeable to, and payable from,
the fund account maintained by the City Controller for waterfront purposes.
The Common Council reserves the authority to enter into
agreements for the use of all facilities, at the waterfront, including but
not limited to concessions and marinas.
Purchase of capital items shall be approved by the Common Council upon recommendation of the Commission made in accordance with Article XVIII of the City Charter concerning procedures for the approval of capital projects.