[HISTORY: Adopted by the Wilton Town Meeting 11-2-1977. Amendments noted where applicable.]
A commission of five members to be known as the "Wilton Parks and Recreation Commission" is hereby established pursuant to § 7-148 of the Connecticut General Statutes, as amended, to organize, maintain and direct the Parks and Recreation Department of the Town of Wilton for the following purposes:
To operate parks and recreational activities within the Town.
To promote, provide and conduct recreational programs that will afford residents of Wilton constructive and wholesome enjoyment.
To promote and provide programs of entertainment and cultural interest for residents of Wilton.
To propose, manage and maintain or provide for the maintenance of intensive-use lands and parks owned by the Town of Wilton.
To manage any privately owned property permanently dedicated to the general park and recreational use of residents of the Town of Wilton.
To recommend capital and nonrecurring expenditures from any park and recreation capital and nonrecurring expense fund established by the Town of Wilton.
The members of the Commission shall be known as "Commissioners," all of whom shall be appointed by the First Selectman with the concurrence of the Board of Selectmen.
Commissioners shall be appointed for a term of four years commencing on the first day of December, except that of the original five appointed by the First Selectman, the terms of the first three appointed shall end on November 30, 1979, and the terms of the last two appointed shall end on November 30, 1981.
In the event of any vacancy upon the Commission, the First Selectman, with the concurrence of the Board of Selectmen, promptly shall appoint a Commissioner to the vacancy for the unexpired portion of the term.
Commissioners shall serve without compensation, except that their actual expenses and disbursements, where incurred with the advance approval of the Board of Selectmen and in the performance of their duties, shall be paid from the Town treasury.
The Commission, annually at the first meeting in December, shall elect one of its number to be Chairman and one of its number to be Secretary.
The Commission shall make written annual reports of its doings to the Board of Selectmen.
The Commission shall be responsible and subordinate to the Board of Selectmen in all matters.
Subject to § 24-8, the Commission shall have the powers and duties to:
Provide, conduct and supervise public playgrounds, playfields, indoor recreation centers and other intensive recreation areas and facilities.
Appoint and employ, at such times as the Commission deems necessary, a qualified person as Superintendent of Parks and Recreation, to be responsible to the Commission.
Solicit or receive or hold in trust, in the name of the Town, gifts, devises and bequests of real or personal property or any interests therein from private corporations or individuals for any of the public park, recreational or related purposes of the Commission, The Commission shall administer such gifts of real or personal property for the Town and may accept such gifts subject to the terms of the gift after holding a public hearing thereon, as provided in § C4-5B(5) of the Wilton Charter, and obtaining the approval of the Board of Selectmen to accept such gift. The Commission may execute any trust agreements or other appropriate documents in connection with any such gift.
Construct, reconstruct, improve, extend, operate and maintain land and facilities of the Town devoted to intensive or recreational use. For purposes of this ordinance, "Land and facilities devoted to intensive or recreational use" shall include Town lands which are improved or developed, intensively used by the public for other than hiking, nature study and other conservation-oriented activities and any lands used for organized recreation.
Fix and revise from time to time and to charge and collect fees, rents and other charges for the use of any land and facilities under its control and to establish and revise from time to time regulations in respect of the use and occupancy of such land and facilities under its control.
Unless otherwise required by law, following the approval of the Town Meeting and the Board of Selectmen, enter into contracts, trust agreements and other appropriate documents in the name of the Town to enable the Town to receive grants, gifts or contributions of land or money for public park, recreational and related purposes from any other municipality, the state or any political subdivisions, agencies and instrumentalities thereof or the federal government or any federal agency.
Review the activities of the Tree Warden appointed by the Board of Selectmen; provided, however, that the Commission shall not interfere with the Tree Warden in the performance of his statutory duties.
Said powers and duties shall be exercised and discharged only to the extent permitted by law and consistent with the applicable general statutes and the Charter of the Town of Wilton.
The Board of Education shall not be subject to the jurisdiction of the Commission but shall cooperate with the Commission to the maximum degree possible so as to ensure that all intensive-use land owned by the Town of Wilton, adjoining or adjacent to any school buildings, shall be subject to the jurisdiction and control of the Commission.
Such adjacent and adjoining land shall be maintained by the Commission; provided, however, that all activities sponsored by the Board of Education shall have preemptive use of such land during the academic year and nothing herein shall be construed as an allowance of use within the meaning of Section 10-239 of the General Statutes.
Pursuant to Section 7-129a of the Connecticut General Statutes, as amended, there hereby is established a special fund to be known as the "Park and Recreation Capital and Nonrecurring Expense Fund."
Depositing of funds. There shall be deposited in said fund:
All moneys received by the Town, from whatever source and by whatever means, as gifts for park and recreation purposes.
All moneys received by the Town, from whatever source and by whatever means, as governmental grants and loans for park or recreational purposes.
All moneys received by the Town from the sale or voluntary or involuntary conveyance of land used for park or recreational purposes.
All moneys appropriated to said fund by the Town.
Custody and report of funds.
Said fund shall be in the custody of the Town Treasurer. All or any part of the moneys in said fund may, from time to time, be invested in any securities in which public funds may lawfully be invested. All income derived from such investments shall be paid into the fund and become a part thereof. The moneys so invested shall, at all times, be subject to withdrawal from such investment for use, as provided in Subsection C.
Annually, the Treasurer shall submit to the Commission and the Town Meeting a complete and detailed report of the conditions of said fund, which report shall be made a part of the annual municipal report.
Appropriation and use of funds. Upon authorization by the Board of Finance and appropriation in accordance with the Charter of the Town of Wilton, the moneys in said fund may be used for capital and nonrecurring expenditures incurred in any of the following:
Acquisition, development, improvement, maintenance and expansion of park and recreation lands.
Acquisition, erection, installation, maintenance, improvement, repair and replacement of park or recreation facilities and equipment.
Development, establishment and improvement of park or recreation programs.
Any other capital or nonrecurring expenditures incurred for park or recreation purposes.
No budget proposed or approved, or appropriation made for park or recreational purposes shall be reduced, ratably or otherwise, in consideration of any moneys in said fund.
The resolution of the Town Meeting adopted October 23, 1969, adjourned to October 25, 1969, establishing the Wilton Parks, Recreation and Conservation Commission as set forth in §§ 24-1 through 24-19 of the Code of the Town of Wilton is hereby repealed and the Wilton Conservation Commission and the Wilton Parks and Recreation Commission hereby established shall be the successors of said Wilton Parks, Recreation and Conservation Commission.
Nothing in this ordinance shall affect any right, interest, claim, obligation, liability or defense of, by or against the Town, of whatever description and whether or not matured, existing at the effective date of this ordinance.
The Town Clerk shall certify the adoption of this ordinance and cause the same to be published as required by law; and this ordinance shall take effect 15 days after such certification and publication.