[HISTORY: Adopted by the Town Board of the Town of East Fishkill 3-31-2011 by L.L. No., 1-2011. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 136.
The Town of East Fishkill has a long and rich history of providing excellent recreational facilities and programs to its residents. Over the last few decades, the Town has acquired property constructed and improved parks, provided fields, skating rinks, community center, and other facilities for the use of the Town residents.
The Town's recreation program has over the years been administered by volunteers from the community who has served unselfishly in service of the Town. As times change and the programs increase, the Town has slowly hired employees to assist one part-time Recreation Director in the operations of the programs while still relying heavily upon volunteers.
While it is still appropriate to continue to encourage volunteers to assist within the programs, changing times and increased activities are causing the Town Board to consider hiring additional staff to effectively manage the programs and the recreational facilities of the Town.
The need to have employees supervise the programs and staff is being driven not only by the large numbers utilizing the facilities but new insurance regulations, programs requirements, funding concerns, etc.
It is with the best interests of the residents of the Town in mind that the Town Board hereby enacts this chapter which the Town Board hopes is an appropriate mixture of employee staffing with volunteer input and involvement to continue the great quality of recreational programs and facilities that the Town of East Fishkill has become known for.
There is hereby established within the Town of East Fishkill the Department of Parks and Recreation, which pursuant to Town Law shall be deemed a separate and independently functioning department.
It shall be the responsibility of the Department of Parks and Recreation to be responsible for the operation and maintenance of all recreational facilities within the Town. Furthermore, it will be the responsibility of this Department to administer all recreational programs sponsored by the Town and to coordinate the use of the Town facilities by any group within the community who utilizes the Town's facilities for the betterment of the recreational need of the Town.
The Director of the Department of Parks and Recreation shall be responsible for the overall operation of the Department. The Director shall be responsible for the day-to-day operations and shall supervise all employees within the Department and shall be responsible for communicating on a regular basis with the Town Supervisor and Town Board and the Town Recreation Advisory Board as hereinafter established with respect to all information necessary for the Town Board to ensure the proper functioning of the Department and the recreational programs of the Town. The Director shall be considered a department head in accordance with the provisions of Town Law.
Over the last few decades, the Recreation Director of the Town has worked ably and efficiently in administering and establishing programs of the Town. In recognition of the long service of this employee, the Town Board has determined that upon the initial creation of this Department, the position of Associate Director should be established so that the appropriate person may be hired by the Town to learn the duties and the history of the program from the current Director and to assist the current Director while transitioning in the future whenever the current Director may seek to retire or leave the position.
There shall be such Assistant Directors as the Town Board from time to time determines are appropriate.
The position of Recreation Leader is hereby established. The Recreation Leader shall be an employee whose job description shall be in accord with the provisions of Civil Service Law and will provide assistance with respect to providing recreational programs and duties within the Town. The specific number of said recreational leaders shall from time to time be fixed by the Town Board by virtue of budgetary appropriations. The Recreation Leader shall be an employee of the Town and shall report to the Director of Recreation and assist the Director in whatever assignments are given to the Recreation Leader. The qualifications of the Recreation Leader shall be as set forth in the civil service requirements of said position but shall include educational training and/or experience in the field of recreation programs within the State of New York.
Under the supervision of the Recreation Director and Associate Director, the Superintendent of Buildings and Grounds of the Recreation Maintenance Division shall be charged with the day-to-day care and maintenance of all park land owned by the Town of East Fishkill and shall keep the same in a manner that is usable for the Town purposes and as required by the Director and the Town Board. The maintenance workers shall perform all duties as required in the furtherance of the programs of the Town and maintenance of the facilities.
There is hereby established in and for the Town of East Fishkill a Parks and Recreation Advisory Board. Said Board shall consist of seven members of the community who shall be appointed by the Town Board. The members shall be appointed to seven-year terms. Immediately upon the effective date of this chapter, the Town Board will duly establish the first Advisory Board, and the members thereof shall be appointed for terms ranging from one year to seven years. If the members of the Town Board cannot agree as to what person shall be appointed to what length term, a lottery will be held to determine. The first person appointed shall be for a fixed term of (x) years as determined by lottery. The members who shall be appointed will be selected by the Town Board, and the Town Board shall consider their demonstrated interest in the Parks and Recreation programs of the Town. It shall also be that the members shall be of diverse backgrounds, from different geographical areas of the Town and of different sporting interests as well as general recreational interest within the Town. The Board will choose a Secretary from amongst the members of the Advisory Board.
The Parks and Recreation Advisory Board shall have the following duties:
To recommend qualifications and specifications which shall be met by prospective nominees for the various departmental positions.
To formulate and make recommendations upon basic policy with respect to the parks and recreation programs of the Town.
To develop and recommend long-range plans for park and open space acquisitions and facility development in conjunction with the Director of the Department.
To recommend a capital project plan which shall be submitted to it by the Director and when so received and recommended shall be submitted to the Town Supervisor and the Town Board for funding and further consideration and approvals.
To recommend all matters having to do with the regulation, use, fees and charges with respect to parks and recreation programs and facilities and to comment upon any other matter that will be referred to the Board by the Director of Recreation and Parks.
On an annual basis, to review the proposed budget submission of the Director prior to its submission to the Town Board and to provide comment and recommendation thereon.
The Advisory Board shall meet once each month on a date to be selected by the Board and may hold such other meetings as the Board from time to time may determine. Four members of the Board shall constitute a quorum. Whenever approval by the Board is required, a majority vote of those present shall be required. Any member of the Board absent from any three consecutive stated or adjourned meetings shall automatically forfeit his or her appointment unless renominated by the Director and reconfirmed by the Town Board to the unexpired term. Upon the recommendation of the Chairman and the approval of the Town Board, the renomination and reconfirmation may be waived if an active member is absent with justifiable cause.
The Town Board shall designate one member of the Board to be the Chair of said Board in each calendar year.
The Director of Parks and Recreation is hereby vested with the authority to formulate and promulgate any rules or regulations necessary to implement the intent of this chapter. Said rules and regulations may relate to any aspect of the services provided by the Department. Said rules shall set forth the requirements and limits for the delivery of services to the Town residents. All rules promulgated hereunder shall be filed with the Town Clerk and posted upon the Town Clerk's official sign board, and the Town Clerk shall submit said rules to the Town Board at a regular meeting. Said rules shall take effect 30 days following their filing with the Town Clerk unless rejected by the majority vote of the Town Board.
The Director of Parks and Recreation shall submit to the Advisory Board for review and recommendation his estimate of receipts and proposed expenditures in connection with the preparation of the annual budget prior to the submission of said estimates to the Supervisor and shall set a time for a conference with the Advisory Board on such estimates which may be the date of any regularly scheduled monthly meeting.
Prior to the Town Board authorizing any capital purchase or improvement payment from the recreation trust fund, it shall refer said proposal to the Recreation Advisory Board. The Recreation Advisory Board will review said proposal and deliver their comments and recommendations to the Town Board. The Town Board shall not authorize any expenditure from the recreation trust fund until the Recreation Advisory Board's comments are received or more than 30 days has elapsed since the date of the referral.