[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park as Ch. I of Part VI of the Code of Ordinances
adopted 6-10-1981 by L.L. No. 1-1981. Section 37-10 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted were applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 100.
A playground and neighborhood recreation center is hereby established
jointly with the Village of Hewlett Harbor pursuant to § 244-d
of the General Municipal Law, for the residents of said villages and
such other members of the public as said villages, acting jointly,
may permit, to consist of the property conveyed to the Village of
Hewlett Harbor by George Auslander and Arthur E. Poole by deed dated
December 11, 1959, recorded December 28, 1959, in the office of the
County Clerk of Nassau County in Liber 6650 of deeds at page 103,
designated as Lots 19-A, 19-B and part of Lot 7 in Block 191, and
part of Lot 16 in Block 191-1, Section 42, on the land map of Nassau
County.
Said playground and neighborhood recreation center shall be
known as "Willow Pond Park."
The Recreation Commission established by the Village of Hewlett
Bay Park pursuant to § 243 of the General Municipal Law
shall consist of five members, residents of the Village of Hewlett
Bay Park, appointed by the Board of Trustees of said village, with
such powers and duties as may from time to time be conferred upon
said Recreation Commission by resolution of said Board of Trustees.
The terms of office of the first members of said Commission shall
expire at 12:00 noon on the first Monday of April in the years 1961,
1962, 1963, 1964 and 1965, respectively, and the terms of office of
their successors shall be five years each.
The Recreation Commission established by the Village of Hewlett
Harbor pursuant to § 243 of the General Municipal Law shall
consist of five members, residents of the Village of Hewlett Harbor,
appointed by the Board of Trustees of said village, with such powers
and duties as may from time to time be conferred upon said Recreation
Commission by resolution of said Board of Trustees. The terms of office
of the first members of said Commission shall expire at 12:00 noon
on the first Monday of April in the years 1961, 1962, 1963, 1964 and
1965, respectively, and the terms of office of their successors shall
be five years each.
[Amended 4-4-1989 by L.L. No. 18-1989]
For the purposes of equipping, operating and maintaining said
Willow Pond Park, a Joint Recreation Commission, to be known as the
"Willow Pond Park Commission," is hereby established, to consist of
10 members, of whom five shall be members, for the time being, of
the Recreation Commission of the Village of Hewlett Bay Park, and
five shall be the members, for the time being, of the Recreation Commission
of the Village of Hewlett Harbor. In case the Recreation Commission
of either or both of said villages shall be increased in number, the
membership of the Joint Recreation Commission shall nevertheless continue
at 10, and the Board of Trustees of the village whose Recreation Commission
is increased in number shall designate the five members of such Commission
who are to serve on the Joint Recreation Commission.
Such Joint Recreation Commission shall have the powers and duties
provided in this agreement as from time to time amended and shall
have such additional powers and duties as may from time to time be
conferred upon such Joint Recreation Commission by joint action of
the Board of Trustees of the Village of Hewlett Bay Park and the Board
of Trustees of the Village of Hewlett Harbor.
The first Chairman of the Joint Recreation Commission shall
serve until the first Monday in April 1961, and his successors shall
serve for a term of one official year ending on the first Monday in
April of each year thereafter. The first Chairman shall be elected
by the members of the Commission from the members who reside in the
Village of Hewlett Bay Park. The next Chairman shall be elected by
the members of the Commission from the members who reside in the Village
of Hewlett Harbor, and thereafter in each village alternately.
The Joint Recreation Commission shall appoint a Secretary, who
shall be a member of the Commission.
The Joint Recreation Commission may create an Executive Committee
consisting of six members, including the Chairman, composed of three
members from the Village of Hewlett Bay Park and three members from
the Village of Hewlett Harbor.
Willow Pond Park may be used for such uses as may hereafter
be authorized by the Board of Trustees of the Village of Hewlett Bay
Park and the Board of Trustees of the Village of Hewlett Harbor, acting
concurrently, and shall not be used for any other purposes without
such authorization.
[1]
Editor's Note: This local law also provided that it shall
take effect upon the adoption of similar legislation by the Village
of Hewlett Harbor.
The use of Willow Pond Park shall be restricted to the following:
The Joint Recreation Commission shall have the duty and power
to make rules and regulations governing the use of Willow Pond Park,
which shall be subject to the approval of the Boards of Trustees of
both villages, and may, subject to the appropriation of the necessary
funds therefor, employ and fix the compensation of such watchmen,
laborers, superintendents, guards and other personnel as it may deem
necessary or proper for the maintenance and operation of said park.
The Joint Recreation Commission, when organized, shall determine
its budget request for the fiscal year ending February 28, 1961. Thereafter
the Commission shall determine its budget request for each succeeding
fiscal year on or before December 1 preceding the commencement of
such fiscal year. The budgets shall show separately the estimated
cost of operation and the estimated cost of capital and other proposed
expenditures, and the budget request shall allocate such costs between
the Village of Hewlett Bay Park and the Village of Hewlett Harbor
as follows: In respect to capital expenses, the first $4,000 cumulatively
shall be allocated 1/2 to the Village of Hewlett Bay Park and 1/2
to the Village of Hewlett Harbor, and capital expenses above that
amount shall be allocated between the Village of Hewlett Bay Park
and the Village of Hewlett Harbor in accordance with their respective
populations; in respect to annual operation expenses, other than those
for skating purposes, the first $400 shall be allocated 1/2 to the
Village of Hewlett Bay Park and 1/2 to the Village of Hewlett Harbor,
and all other such annual operating expenses in excess of $400 and
all annual operating expenses for skating purposes shall be allocated
between the Village of Hewlett Bay Park and the Village of Hewlett
Harbor in accordance with their respective populations. The members
of the Joint Recreation Commission residing in each village shall
present to the Board of Trustees of their respective village the budget
so prepared and determined, together with a request that the portion
thereof allocated as above set forth shall be charged to each respective
municipality. In case the Board of Trustees of either village does
not appropriate in its budget an amount sufficient to meet its proportionate
share, determined as above set forth, the Joint Recreation Commission
may reduce the expenditures attributable to that municipality or may
treat the reduced appropriation as a repudiation of this agreement
and terminate the relationship as hereafter provided.
The Treasurer of the Village of Hewlett Harbor shall be the
custodian, for a term ending on the first Monday in April 1961, of
the moneys made available by the villages for expenditures for the
purpose of the Commission. The Treasurer of the Village of Hewlett
Bay Park shall be the custodian for the next official year ending
on the first Monday in April 1962. Thereafter the Treasurer of each
village, alternatively, shall be the custodian for one official year,
it being the intention that for each official year the Chairman shall
be a resident of one village and the custodian shall be the Treasurer
of the other village. The Treasurer who acts for the time being as
custodian may make payments from said moneys upon audit of the appropriate
auditing body or officer of his municipality. Nothing herein contained
shall authorize the Recreation Commission to expend any money or incur
any liability in excess of the amounts provided by the respective
villages as hereinbefore set forth without the specific authorization
of the Board of Trustees of the Village of Hewlett Bay Park and the
Board of Trustees of the Village of Hewlett Harbor, acting concurrently.
Either village may withdraw from the Joint Recreation Commission
as of the close of any fiscal year by repealing its adopting ordinance
and filing a copy of the repeal ordinance with the other village.
The Joint Recreation Commission may terminate the participation of
either village in case it should not contribute its proportion of
the total budget agreed upon in the agreement and in this chapter.
In such case, the termination shall occur at the conclusion of a fiscal
year in which the Joint Recreation Commission makes its finding. The
Joint Recreation Commission, at the conclusion of a fiscal year in
which a discontinuance occurs, shall fairly and equitably distribute
to each village all moneys remaining in the fund.
The agreement between the Village of Hewlett Bay Park and the
Village of Hewlett Harbor approved by the Board of Trustees of the
Village of Hewlett Harbor on April 14, 1960, and approved by the Board
of Trustees of the village of Hewlett Bay Park on April 25, 1960,
for the establishment of a Joint Recreation Commission pursuant to
§ 244-d of the General Municipal Law, shall become final
upon the adoption of this chapter and the adoption by the Board of
Trustees of the Village of Hewlett Harbor of a similar ordinance embodying
the terms of the said agreement.
In case the Board of Trustees of either village should fail
to adopt such an ordinance within 90 days after the date of the said
agreement, the said agreement shall become void and of no effect,
and neither village shall be under any further liability or responsibility.
