(A) Creation. A commission is hereby created which shall be known as the Arts and Recreation Commission.
(B) Members.
(1) The Commission shall be composed of seven regular members and one alternate member, all residing within the town limits. Such members shall be appointed by the Board of Commissioners and shall serve three-year terms that begin on the first day of the calendar year. Vacancies in the Commission shall be filled for the unexpired term by the Board of Commissioners.
(2) A member of the Board of Commissioners, the Town Manager, and a resident of the town’s Extra-Territorial Jurisdiction (ETJ) shall be ex-officio members of the Commission without voting privileges. The member of the Board of Commissioners shall be selected by the Board, and shall serve at the pleasure of the Board. The member resident of the town’s ETJ shall be appointed by the Board of Commissioners and shall serve three-year terms that begin on the first day of the calendar year.
(3) No member shall serve longer than three consecutive full terms. Individuals serving three consecutive full terms must sit off the Board for one calendar year before eligible for reappointment. This policy may be waived if the Board of Commissioners determines that the removal of the individual made ineligible by this statute would place the functioning of the commission at a disadvantage or if the town does not receive any applications from qualified individuals after advertising for two consecutive weeks.
(4) If appointees have unexcused absences which constitute more than 25% of the board meetings in any calendar year which they are required to attend pursuant to their appointment, they are obligated to resign. Excused absences are defined as absences caused by events beyond one's control. If individuals refuse to resign, they may be dismissed by action of the Town Board of Commissioners subject to state or local law. A calendar year is to be defined as a 12 month period beginning on the date of appointment.
(C) Officers; meetings.
(1) The Recreation Commission shall appoint, from its membership, a Chairman and Vice-Chairman and such other officers as it may deem necessary for the orderly procedure of its business, except that the Director of Parks and Recreation shall serve as Secretary.
(2) The Arts and Recreation Commission shall hold at least one meeting quarterly, and all of its meetings shall be open to the public. Whenever a regular meeting of the Arts and Recreation Commission falls on a town observed public holiday, it is automatically rescheduled for the next week day or other date as determined by the Arts and Recreation Commission. No regular or special meeting of the Arts and Recreation Commission should be scheduled on a town observed public holiday.
(G.S. § 143-318.9 et seq.)
(3) The Commission may adopt by-laws, rules, and regulations governing its procedure not inconsistent with the provisions of this ordinance or state laws.
(4) A majority of the members of the Commission shall constitute a quorum and the affirmative vote of the majority of the members present at any meeting thereof shall be necessary for any action taken by the Commission.
(5) The alternate Commission member shall be expected to attend meetings and provide input during said meetings, but shall only vote on items before the Commission and count towards the quorum requirement if one or more other regular members are absent.
(D) Director of Parks and Recreation. There is hereby created the Office of Director of Parks and Recreation. The Director shall be appointed by the Town Manager on the basis of his qualifications for the position and he shall serve at the pleasure of the Town Manager.
(E) Powers and duties. The Board of Commissioners hereby delegates to the Commission and its Director the following powers and duties:
(1) Establish and conduct an adequate recreation program for citizens of all ages.
(2) Employ trained personnel as may be necessary in the maintenance and operation of recreational facilities and activities and within the budget appropriations provided.
(3) Advise the Town Manager in matters affecting recreation policies, programs, personnel, finances, and the acquisition and disposal of land and properties related to the total community recreation program.
(4) Establish rules and regulations governing the operation and conduct of all recreational facilities used or operated by the Department of Parks and Recreation.
(5) Accept with the approval of the Board of Commissioners any grant, gift, bequest, or donation of any personal or real property offered or made for recreation purposes. Funds received by gift, bequest, or otherwise for a specific purpose shall be disbursed in accordance with the terms of such gift, bequest, or other source.
(6) Advise in the construction, equipping, operation, and maintenance of parks, playgrounds, recreation centers, athletic fields, and all buildings and structures necessary for recreational functions.
(7) The Director shall maintain a list of all property purchased in whole or part with town funds. Determination as to expendable and non-expendable property rests with the Commission and Director.
(8) The Director shall co-ordinate with the presidents of Little League Baseball, Football, and Softball the use of ball park facilities to insure maximum utilization of same.
(9) Prepare and submit annual budget requests to the Town Manager.
(10) Appoint special committees to assist in the study of specific questions and problems.
(F) Contracts and other obligations. The Director or Commission shall have no authority to enter into any contract or incur any obligation binding upon the town other than current obligations or contracts to be fully executed within the current fiscal year and all within the budget appropriations made by the Board of Commissioners.
(G) Fiscal year. The fiscal year of the Commission shall conform to that of the town.
(H) Reports to Board of Commissioners. The Director through the Commission, shall make full and complete reports to the Board of Commissioners at such time as may be requested and at such other times as the Director and Commission may deem proper.
(Ord. 78-79-5, passed 1-8-79; Am. Ord. 02-03-10, passed 9-9-02; Am. Ord. 06-07-33, passed 1-22-07; Am. Ord. 08-09-36, passed 4-27-09; Am. Ord. 10-11-06, passed 11-8-10; Am. Ord. 08-09-20, passed 1-12-09)
Cross-reference:
Parks and recreation regulations, see Ch. 99
Statutory reference:
Authority to establish Recreation Commission, see G.S. § 160A-354