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Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, creating an advisory commission to advise the Director of Parks and Recreation on budget issues, fees and charges, personnel recruitment and training and general operating responsibilities.
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WHEREAS, the Administration has presented a reorganization plan for the county’s parks that includes a new county department, a nonprofit organization and an advisory commission and councils; and
WHEREAS, such reorganization is not intended to replace the policy-making powers of the Chief Executive and County Council but is expected to augment the decisions being made to improve the parks; and
WHEREAS, community involvement is essential to the success of the reorganization plan and the future of parks in Allegheny County and the creation of an advisory commission to provide for that citizen input is integral to that success;
Therefore, the Council of the County of Allegheny hereby enacts as follows:
Section 1. Creation of Parks & Recreation Commission
There is hereby created an advisory commission to be known and designated as the Parks and Recreation Commission of Allegheny County, Pennsylvania. The commission shall be a county agency as defined in the Administrative Code and shall be subject to all provisions within the code relating to agencies.
Section 2. Definitions
Unless a different meaning clearly appears from the context, the following terms, as used in this ordinance, shall be defined as follows:
A. “Commission” shall mean the Parks and Recreation Commission.
B. “Department” shall mean the Department of Parks and Recreation.
C. “Director” shall mean the Director of Parks and Recreation.
D. “Fiscal Year” shall begin on the first day of January and end on the last day of December of each year unless changed by Ordinance. be the same as that time established by law or set by the County Council of Allegheny County, Pennsylvania.
E. “Members” shall mean the members of the Parks and Recreation Commission.
Section 3. Membership and Terms of Office
A. The Commission shall be comprised of seven (7) members appointed by the County Executive and shall be subject to the review and consent ofconfirmation by County Council. Vacancies shall be filled in the same manner for an unexpired term.
B. The County Executive shall select the Commission members shall include, to the extent possible, insuring representation from the labor, the disability community, education, environmental advocates, sports and athletic programs, landscape architecture and historic preservation. and historic preservationConsideration shall also be given to geographic diversity among commission members.
C. The members of the Commission must reside in the County at the time of their appointment and must maintain residence within the County at all times during their service on the Commission.
D. The terms of office shall be four (4) years for each member of the Commission. Members may be reappointed after their initial term. The terms of the members shall be staggered with three of the seven members serving an initial two-year term. Those three members serving an initial two-year term shall be determined at the first meeting of the Commission by lotby the Chief Executive when appointment is made
E. The terms of office shall begin with the confirmation by County Council of the seventh member. The terms of office shall terminate at the end of the fiscal year or when member’s until their successors are appointed and qualified.
F. The members of the Commission shall receive no compensation for the performance of their official duties., unless the County Council expressly provides compensation.
G. Members of the Commission may be removed by the Chief Executive at willa majority vote of all members of the County Council for the following causes:
Absence from three consecutive meetings without official permission expressed in the official minutes.
Incompetence, malfeasance, neglect of duty or conviction of a crime involving moral turpitude.
Refusal to resign from the Commission when no longer a resident of the County.
Section 4. Election of Officers
A. The Commission shall have at least two officers, President Chair and Vice PresidentChair.
B. All officers shall be elected by the members for a term of one year and no officer shall serve more than two successive terms in that office.
C. The officers of the Commission shall perform such duties as are customarily assigned to such officers.
The Director of Parks and Recreation will provide staff to the Commission, within the limits dictated by fiscal constraints, and act as the Secretary to the Commission.
Section 5. AuthorityParks Commission -- Responsibilities
A. The Director of Parks and Recreation shall have exclusive authority over all public parks, recreation services and open space uses upon County-owned or leased land.
A. Exclusive authority resides with the County Executive and County Council. The County Council will retain Aall political, financial and operational control over the parks system that currently exists will be retained by the County Executive and County Council Exclusive authority resides with the County Executive and County Council.
A. The Commission shall also have the following powers and duties:
1. Enhance citizen involvement in policy-making issues by advising the Director of Parks and Recreation regarding the budget, fees and charges, personnel recruitment and training, and general operating responsibilities.
2. Conduct periodic public meetings to report to the community and to receive input on various issues from the citizens.
3. Recommend to the County Executive and the County Council plans for development, beautification and maintenance of public parks and recreational areas, including parks, recreation facilities, playgrounds, aquatic areas, trails, greenways, bridges and open space.
4. Investigate and recommend to the County Executive and the County Council the acquisition or abandonment of lands, lakes, waterways, trails, utility rights-of-way, greenways, buildings or other facilities for parks and recreation purposes.
5. Work with public and private sector partners to connect County parks to the system of greenways and open space; and with local municipalities to preserve valuable open space lands adjacent to County parks.
6. Review and recommend to the Director plans for the construction or improvement of buildings or other facilities to be used for parks, recreation and open space purposes.
1. Review and recommend to the Director the issuance of permits and the negotiation and execution of leases and contracts in connection with public parks and recreation activities.
7. Recommend Propose fees and charges for parks and recreation services to the Director for consideration. Such fees and charges will be, subject to the review and consent of County Council.
8. Perform such other duties relating to parks and recreation areas and facilities as may be required or suggested by the Chief Executive or County Council.
Section 6. Commission Meetings
A. Regular meetings of the Commission shall be held, at a minimum, four times a year monthly at a time and place to be determined by the Commission. Meetings shall be and open to the public and shall be held , within the boundaries of Allegheny County.
B. Notice of the meeting and its agenda shall be given to the public prior to meeting. The Commission will set the meeting agenda and notice shall be given to the public prior to every meeting.
C. A majority of all the members of the Commission shall constitute a quorum for the transaction of business. A motion shall carry upon the affirmative vote of the majority of the members present at any meeting.
D. Minutes of each meeting shall be kept and filed with the County Clerk and copies sent to the County Executive and County Council.
E. The Commission may promulgate such rules and regulations for its conduct, as it deems necessary. Robert’s Rules of Order shall prevail in matters which are not addressed in such rules and regulations or until such rules and regulations are implemented.
Section 7. Resource Development
The County Executive will establish a freestanding 501c3 “Trust for Allegheny County Parks,” whose primary mission will be to secure financial resources to support and enhance objectives of the Department of Parks and Recreation. The trust will operate independently of County government. Generated resources will be “restricted” to County parks and recreation services.
The County Executive will appoint five (5) individuals to the Governing Board of the Fund, who are committed to parks and the environment by virtue of their professional positions and/or their knowledge of development strategies for programs and capital projects.
Board members will confer with the Director of Parks and Recreation as funds are solicited and spending priorities are established. The Board of the “Trust” may seek input from the Commission and County Council in reviewing requests for funding.
The “Trust” will be staffed by a development professional that will report to the Director of Parks and Recreation, and Board members will be invited to participate in the development of marketing strategies that will support the fundraising agenda. Periodic reports will also be given to the County Executive and County Council’s Parks Committee upon request of said county officer.
Expenditures of funds within the county parks are subject to the approval, by a majority vote of the seated members, of County Council in accordance with existing procedures and policies.
Section 8. Council of Friends
In order to streamline communications and maximize the effectiveness of various “friends” groups that currently exist within the County park system, the Director will establish a one “Council of Friends of the Parks.” for each of the existing county parks.
The “Friends Council” will be made up of five community representatives from each County Council district that contains a County park, as appointed by that Council Representative. One representative shall be appointed from each municipality that borders a park. Five additional community representatives may also be appointed to represent the surrounding community or to represent park users EachThe representative shall be a conduit to the Department and back to the community.
The community representatives will report to the Department and Commission on initiatives undertaken by special interest groups in each park and will report to the community on department plans for the parks. Friends council members will work closely with the director and staff to educate parks users about changes in governance and the positive impacts for their interest areas.
Section 79. Report to the County
A. The Commission shall present an annual written report of its activities for the past fiscal year to the County Executive and County Council. The Commission may also make appropriate recommendations as part of that report.
B. The report shall include the following items:
1. Name of Commission;
2. Its objectives and functions;
3. A reference to all reports and communications presented to County Council;
4. The number of meetings held;
5. Attendance records of all members;
6. The number of public hearings conducted;
7. The amount of money, if any, expended in support of the Commission;
8. A list of County personnel that regularly assist the Commission.
Section 89. Severability
If any provision of this Ordinance shall be determined to be unlawful, invalid,
void or unenforceable, then that provision shall be considered severable from the
remaining provisions of this Ordinance which shall be in full force and effect.
Section 99. Repealment
Any Resolution or Ordinance or part thereof conflicting with the provisions of
this Ordinance is hereby repealed so far as the same affects this Ordinance.
SPONSORED BY COUNCIL MEMBERS GASTGEB AND , JABBOUR, REA & FITZGERALD.