[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:
A.
To operate parks and recreational activities within
the Town.
B.
To promote, provide and conduct recreational programs
that will afford residents of Wilton constructive and wholesome enjoyment.
C.
To promote and provide programs of entertainment and
cultural interest for residents of Wilton.
D.
To propose, manage and maintain or provide for the
maintenance of intensive-use lands and parks owned by the Town of
Wilton.
E.
To manage any privately owned property permanently
dedicated to the general park and recreational use of residents of
the Town of Wilton.
F.
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.
[Amended 4-7-1992]
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.
A.
Subject to § 24-8, the Commission shall have the powers and duties to:
(1)
Provide, conduct and supervise public playgrounds,
playfields, indoor recreation centers and other intensive recreation
areas and facilities.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
B.
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.
A.
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.
B.
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."
A.
Depositing of funds. There shall be deposited in said
fund:
(1)
All moneys received by the Town, from whatever source
and by whatever means, as gifts for park and recreation purposes.
(2)
All moneys received by the Town, from whatever source
and by whatever means, as governmental grants and loans for park or
recreational purposes.
(3)
All moneys received by the Town from the sale or voluntary
or involuntary conveyance of land used for park or recreational purposes.
(4)
All moneys appropriated to said fund by the Town.
B.
Custody and report of funds.
(1)
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.
(2)
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.
C.
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:
(1)
Acquisition, development, improvement, maintenance
and expansion of park and recreation lands.
(2)
Acquisition, erection, installation, maintenance,
improvement, repair and replacement of park or recreation facilities
and equipment.
(3)
Development, establishment and improvement of park
or recreation programs.
(4)
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[1] 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.
