Bill Text: NY A05698 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes and empowers a neighborhood parks alliance within the New York City department of parks and recreation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to cities [A05698 Detail]
Download: New_York-2015-A05698-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5698
2015-2016 Regular Sessions
I N A S S E M B L Y
March 3, 2015
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to establishing and empowering a neighborhood parks alliance
within the New York city department of parks and recreation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 18-142 to read as follows:
3 S 18-142 NEIGHBORHOOD PARKS ALLIANCE. 1. ESTABLISHMENT. THERE IS HERE-
4 BY ESTABLISHED WITHIN THE DEPARTMENT A NEIGHBORHOOD PARKS ALLIANCE TO
5 EFFECTUATE THE PURPOSES OF THIS SECTION IN THE CITY OF NEW YORK.
6 2. BOARD. (A) THE ALLIANCE SHALL BE GOVERNED BY A BOARD WHICH SHALL BE
7 COMPOSED OF EIGHT MEMBERS TO BE APPOINTED AS FOLLOWS:
8 (1) ONE MEMBER SHALL BE APPOINTED BY EACH BOROUGH PRESIDENT OF THE
9 CITY OF NEW YORK;
10 (2) ONE MEMBER SHALL BE APPOINTED BY THE MAYOR OF THE CITY OF NEW
11 YORK;
12 (3) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE CITY COUNCIL
13 OF THE CITY OF NEW YORK;
14 (4) ONE MEMBER SHALL BE APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY
15 OF NEW YORK.
16 (B) TO THE EXTENT PRACTICABLE, IN MAKING APPOINTMENTS, EACH APPOINTING
17 AUTHORITY SHALL ENDEAVOR TO HAVE THE MEMBERSHIP OF THE BOARD REFLECT THE
18 RACIAL, ETHNIC, GENDER, LANGUAGE AND GEOGRAPHIC DIVERSITY OF THE CITY OF
19 NEW YORK.
20 (C) TO THE EXTENT PRACTICABLE, THE MEMBERSHIP SHALL INCLUDE ACTIVE
21 MEMBERS OF PARK ADVOCACY ORGANIZATIONS OR THOSE THAT HAVE EXPERIENCE
22 WORKING ON URBAN OPEN SPACE DEVELOPMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00837-01-5
A. 5698 2
1 (D) ANY VACANCY ON THE BOARD SHALL BE FILLED BY THE RESPECTIVE
2 APPOINTING AUTHORITY IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS
3 MADE.
4 (E) THE MEMBERS OF THE BOARD SHALL BE APPOINTED FOR TERMS OF FOUR
5 YEARS.
6 (F) THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
7 SERVICES.
8 3. POWERS AND DUTIES OF THE BOARD. THE BOARD:
9 (A) SHALL APPOINT AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE
10 WITH THE POLICIES OF THE BOARD;
11 (B) IS AUTHORIZED, WITHIN APPROPRIATIONS AVAILABLE THEREFOR, TO
12 APPOINT SUCH EMPLOYEES AS ARE NECESSARY TO EXERCISE ITS POWERS AND
13 FULFILL ITS DUTIES;
14 (C) SHALL HAVE THE POWER TO ADOPT, AMEND AND RESCIND RULES AND REGU-
15 LATIONS TO GOVERN PROCEDURES OF THE BOARD IN ACCORDANCE WITH THIS
16 SECTION;
17 (D) SHALL ESTABLISH AND ADMINISTER THE NEIGHBORHOOD PARKS FUND IN A
18 BANK OR OTHER FEDERALLY INSURED DEPOSITORY LOCATED WITHIN THE STATE;
19 (E) SHALL ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED AND AUTHORIZED TO
20 MANAGE, ALLOCATE AND DISTRIBUTE THE FUNDS PROVIDED BY CONTRIBUTING
21 CONSERVANCY FUNDS TO RECIPIENT PARKS;
22 (F) SHALL DETERMINE CRITERIA FOR ELIGIBILITY OF PARKS TO RECEIVE
23 MONIES FROM THE NEIGHBORHOOD PARKS FUND; AND
24 (G) SHALL PUBLICIZE THE AVAILABILITY OF FUNDS FROM THE NEIGHBORHOOD
25 PARK FUND TO QUALIFYING RECIPIENT PARKS.
26 4. CONTRIBUTING CONSERVANCIES. CONTRIBUTING CONSERVANCIES:
27 (A) TO THE EXTENT PRACTICABLE CONTRIBUTING CONSERVANCIES SHALL SHARE
28 PARK MANAGEMENT BEST PRACTICES WITH RECIPIENT PARKS.
29 (B) SHALL BE REQUIRED TO CONTRIBUTE NO LESS THAN TWENTY PERCENT OF
30 THEIR OPERATING BUDGETS TO THE NEIGHBORHOOD PARKS FUND ON AN ANNUAL
31 BASIS.
32 (C) SHALL ATTEND AN ANNUAL GENERAL MEETING OF THE NEIGHBORHOOD PARKS
33 ALLIANCE BOARD AND REPRESENTATIVES FROM RECIPIENT PARKS.
34 5. THE NEIGHBORHOOD PARKS FUND. (A) THE NEIGHBORHOOD PARKS FUND SHALL
35 CONSIST OF ALL REVENUES RECEIVED BY THE ALLIANCE FROM CONTRIBUTING
36 CONSERVANCIES AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANS-
37 FERRED THERETO FROM ANY OTHER SOURCE PURSUANT TO LAW. NOTHING CONTAINED
38 IN THIS SECTION SHALL PREVENT THE ALLIANCE FROM RECEIVING GRANTS, GIFTS
39 OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SUBDIVISION
40 AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
41 (B) NO MONIES FROM THE FUND OR THE ALLIANCE SHALL BE TRANSFERRED TO
42 THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL BE USED FOR ANY
43 PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS SECTION.
44 (C) MONIES IN THE NEIGHBORHOOD PARK FUND SHALL BE USED FOR THE SOLE
45 PURPOSES OF FUNDING THE OPERATIONS OF THE NEIGHBORHOOD PARKS ALLIANCE
46 AND MAINTENANCE AND OPERATIONS OF RECIPIENT PARKS.
47 (D) MONIES FROM THE FUND SHALL BE DISTRIBUTED BY THE BOARD TO RECIPI-
48 ENT PARKS BASED ON CRITERIA TO BE DETERMINED BY THE BOARD.
49 6. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
50 SHALL HAVE THE FOLLOWING MEANINGS:
51 (A) "CONTRIBUTING CONSERVANCY" SHALL MEAN ANY NOT-FOR-PROFIT ENTITY
52 WITH AN OPERATING BUDGET OF NO LESS THAN FIVE MILLION DOLLARS THAT OPER-
53 ATES ANY PARK OR PORTION OF ANY PARK UNDER THE JURISDICTION OF THE
54 COMMISSIONER OF PARKS AND RECREATION IN THE CITY OF NEW YORK, PURSUANT
55 TO A WRITTEN CONSERVANCY ARRANGEMENT AND PROVIDED THAT "CONSERVANCY"
56 SHALL NOT INCLUDE ANY NOT-FOR-PROFIT ENTITY THAT OPERATES IN THREE OR
A. 5698 3
1 MORE BOROUGHS, THAT ENTERS INTO A WRITTEN AGREEMENT WITH THE NEIGHBOR-
2 HOOD PARKS ALLIANCE THAT COMMITS NO LESS THAN TWENTY PERCENT OF ITS
3 ANNUAL OPERATING BUDGET TO BE ADMINISTERED BY THE NEIGHBORHOOD PARKS
4 ALLIANCE.
5 (B) "CONSERVANCY ARRANGEMENT" SHALL MEAN ANY LICENSE OR OTHER WRITTEN
6 AUTHORIZATION ALLOWING A CONSERVANCY TO OPERATE ANY PARK OR PORTION OF
7 ANY PARK UNDER THE JURISDICTION OF THE COMMISSIONER OF PARKS AND RECRE-
8 ATION IN THE CITY OF NEW YORK.
9 (C) "OPERATES" SHALL MEAN THE ABILITY TO HIRE A MAJORITY OF FULL TIME
10 STAFF FOR SUCH PARK.
11 (D) "RECIPIENT PARKS" SHALL MEAN ALL PARKS THAT HAVE A BUDGET PROVIDED
12 SOLELY BY THE LOCAL MUNICIPALITY AND HAVE HAD A RANKING OF UNACCEPTABLE
13 FROM THE DEPARTMENT IN THE PRECEDING TWO YEARS AND FOR WHICH THE LOCAL
14 COUNCIL MEMBER AND THE DEPARTMENT HAVE SIGNED A MEMORANDUM OF UNDER-
15 STANDING TO MAINTAIN FUNDING FROM THE MUNICIPALITY AT THE AMOUNT BUDGET-
16 ED IN THE PRIOR FISCAL YEAR.
17 (E) "NEIGHBORHOOD PARKS FUND" SHALL MEAN THE FUND ADMINISTERED BY THE
18 NEIGHBORHOOD PARKS ALLIANCE WITH REVENUE GENERATED FROM CONTRIBUTING
19 CONSERVANCIES.
20 S 2. This act shall take effect on the ninetieth day after it shall
21 have become a law.
