[HISTORY: Adopted by Town Meeting of the Town of Brookfield 1-16-1996. Amendments noted where applicable.]
Municipal Building Committee — See Ch. 13.
Editor's Note: This ordinance also repealed former Ch. 46, Park and Recreation Commission, adopted 1-16-1959 by Town Meeting of the Town of Brookfield, as amended.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:
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.
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:
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.
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."
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.
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.
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.
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.
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.
To expend, for the purposes set forth in this chapter, funds appropriated to it in the Annual Budget or any supplemental appropriation.
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.
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.