[HISTORY: Adopted by the Town Board of the Town of New Castle 11-14-1972 by L.L. No. 4-1972; amended in its entirety 10-23-2007 by L.L. No. 14-2007. Subsequent amendments noted where applicable.]
Park and recreation rules — See Ch. A143.
There is hereby created and established in and for the Town of New Castle, pursuant to Article 13, General Municipal Law, a commission to be known as the "New Castle 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.
The purposes and objectives of the Commission shall be as follows:
To plan and provide opportunities for the residents of the Town 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 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 Town Board (and other Town bodies or agencies charged with the administration of the Town park system), the Planning Board, the Zoning Board of Appeals, and the Conservation Board and with the various school districts lying wholly or partly within the boundaries of the Town.
The Commission shall consist of seven members, who shall be residents of the Town. They shall serve without compensation, shall not be eligible for reappointment except for a full term immediately following appointment to an unexpired term, and shall be appointed by the Town Board to serve a term of seven years or until their successors are appointed.
Editor's Note: This local law also noted that the initial Commission members' terms expired sequentially on December 31 in each of the following years: 1973, 1974, 1975, 1976, 1977, 1978, and 1979.
Vacancies in the Commission shall be filled by appointment by the Town Board in the same manner as original appointments and, where occurring otherwise than by expiration of term, shall be for the unexpired term of office.
The Commission may, at its discretion, advise the Town Board of a member who misses three consecutive regular meetings or more than four meetings of any kind during a calendar year.
The Chairman shall be the executive officer of the Commission. He or she shall preside at meetings of the Commission. He or she may appoint committees, with Commission approval, with such duties as he or she may lawfully prescribe.
The members of the Commission shall annually, during the first week in February, 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 on the first Thursday of each month, which shall be open to the public; and it shall adopt rules of procedure for 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 Secretary shall take and keep in a proper book true and correct minutes of all meetings, shall notify members of the time and place of all meetings, and shall, in general, perform the duties incident to the office.
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 Town Board as a playground or a recreation center or a park to be administered by the Commission. Nothing herein shall be construed to require the Town Board 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 Town and the review and study of such needs and the Town's resources, considering in this connection such matters as recommendations from interested groups or citizens, the moneys made available by the Town Board, the facilities and physical configuration of the Town and its 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 Town from such locations, facilities, or programs. Any rules and regulations made, published or amended by the Commission that are approved by the Town Board shall have the same force and effect as if same had been adopted by the Town Board and may be enforced through issuance of appearance tickets under Article 150 of the Criminal Procedure Law.
[Amended 6-8-2010 by L.L. No. 4-2010]
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 Town employee, shall be deposited with the Town Comptroller to the Commission's account, to be withdrawn and paid out in the same manner as other moneys appropriated for recreational purposes. The Town Board shall specify and prescribe the procedures which the Commission or Town employees shall follow herein in conformity with its authority in this area.
The acceptance and use, subject to the approval of the Town Board, 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 Town moneys to solicit such donations.
The preparation and submission to the Town Board, annually by October 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 Town Board. 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 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 Town Board, from time to time, of joint recreational programs with neighboring municipalities and/or any of the school districts lying wholly or in part within the Town, within the limitations of § 244 of the General Municipal Law.
The employment and dismissal of such persons as may be needed to carry out the provisions of this chapter or for other lawful purposes within the confines of the law and incidental to the function of the Commission, within such budgetary limitations as the Town Board shall prescribe, including play leaders, playground directors, supervisors, secretaries and/or other clerical or maintenance personnel; provided, however, that the Town Board shall be responsible for employment and dismissal of full-time permanent Recreation and Parks Department staff and that:
Job descriptions defining the scope of the powers and duties of the positions and wage or salary ranges or compensation of any person to be employed by the Commission have been developed by the Commission and approved by the Town Board and are in conformance with any applicable civil service regulations.
The Commission shall clearly describe the respective area of operation of the Commission and of the Superintendent of Recreation, who shall be appointed by the Town Board to administer the policies of the Commission and to perform such other duties and have such other responsibilities as the Town Board may assign, and who shall have, under general Commission supervision, responsibility for the direction of the programs and facilities established and used by the Commission, but who shall not have power to act in place of or exercise the authority of the Commission.
The contracting to or licensing of individuals, within such budgetary limits as the Town Board shall prescribe, who are not or are not to be employees of the Town, for the operation of facilities or for the conduct of programs, in whole or in part, and the sale, under concession, of refreshments in conjunction with recreation purposes.
The use of services of volunteers, without compensation, in the conduct of recreation programs as the Commission may, on recommendation of the Superintendent of Recreation, determine.
The purchase, lease, rental or borrowing of equipment or other material or property from others for recreational and park use or the contracting of construction or reconstruction of facilities or sites, provided that the expenditures for such purposes of any money in excess of the Town's procurement policy then in effect must have prior approval of the Town Board, and further provided that expenditures for these purposes shall be within the budgetary limitations prescribed for the Commission by the Town Board and shall conform to the procedures for bidding or purchase which are or shall be prescribed by the Town Board and New York State law.
The authorizing of expenditures of money within the Commission's budgetary and other limitations, on certification by the Superintendent or other authorized representative, through voucher or other regularly prescribed accounting procedures, that such expenditure is appropriate and lawful.