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 North Hempstead
 Code of Ordinances
 Chapter 20D. Environmental Legacy Fund

  § 20D-6. Management of environmental legacy funds.  

Latest version.
  • A. 
    Town Board.
    (1) 
    No expenditures shall be made from the Environmental Legacy Capital Fund or the Environmental Legacy Debt Reserve Fund except upon the specific authorization of the Town Board, subject to permissive referendum to the extent required by applicable law, pursuant to and for the purposes described in this chapter, and based upon the recommendations of the Advisory Review Committee for the Environmental Legacy Fund established hereunder, hereinafter referred to as the "Advisory Review Committee." In authorizing such expenditures, the Town Board shall make findings pursuant to the criteria utilized by the Advisory Review Committee as set forth herein.
    (2) 
    Advisory Review Committee.
    (a) 
    The Town Board shall appoint an Advisory Review Committee composed of the following: the Supervisor shall nominate four representatives reflecting the town's geographic and demographic diversity; each other Town Board member shall nominate one representative from a local civic association or from an environmental organization; there shall be one representative each from the Town Ecological Commission, the Town Waterfront Advisory Commission, the New York State Assembly Commission on Water Resources Needs of Long Island, or similar Assembly commission, and the New York State Senate Committee on Water Resources Needs of Long Island, or similar Senate committee; and the following shall be ex-officio members: a representative of the Supervisor's Office, the Town Attorney, the Commissioner of Parks, the Commissioner of Planning and the Commissioner of Public Works. The Supervisor shall appoint the Chairperson of the Advisory Review Committee. Initial appointments to the Advisory Review Committee shall be made no later than January 1, 2001. In any event, the Advisory Review Committee shall meet as soon as practicable after a majority of members has been appointed.
    (b) 
    Except for the ex-officio members, each other person appointed to the Advisory Review Committee shall serve a three-year term. Upon the expiration of such term, the Town Board may appoint a replacement, nominated pursuant to Subsection (2)(a) above, or may reappoint a member of the Advisory Review Committee. A member of the Advisory Review Committee may continue to serve after the expiration of the member's term until reappointment or a replacement is appointed.
    B. 
    Advisory Review Committee for the Environmental Legacy Fund.
    (1) 
    The duty and responsibility of the Advisory Review Committee is to provide a reasoned and balanced review of projects to be funded by the Environmental Legacy Fund for the benefit and enjoyment of the residents of the town. In furtherance of its duties and responsibilities, the Advisory Review Committee shall:
    (a) 
    Make and solicit recommendations and nominations for projects.
    (b) 
    Seek public input as part of the review process.
    (c) 
    Evaluate eligible projects according to the criteria developed for the review of projects.
    (d) 
    Fairly apportion the recommendation of funding for projects throughout the town.
    (e) 
    Make timely recommendations to the Town Board for the expenditure of Environmental Legacy Fund as authorized by this chapter.
    (2) 
    The Advisory Review Committee established hereunder shall utilize and apply the criteria set forth herein in making recommendations to the Town Board for the expenditure of funds for the acquisition of land or an interest therein for open space preservation and the restoration, protection, improvement or enhancement of environmentally sensitive areas, coastal areas and waterways. All members of the Advisory Review Committee shall be voting members for the purposes of making any such recommendations to the Town Board.
    (3) 
    The members of the Advisory Review Committee shall serve pursuant to any appointing resolutions adopted hereby, shall be responsible and responsive to the Supervisor and Town Board and shall faithfully fulfill their duties as set forth herein. No member of the Advisory Review Committee shall receive any compensation or salary for service thereon and all members shall be subject to the Town Code of Ethics with respect to their actions and participation on the Advisory Review Committee. The Town shall make available to the Advisory Review Committee such aid and assistance as is reasonably necessary to allow the Committee to carry out its duties and responsibilities.
    Editor's Note: See Ch. 16A, Code of Ethics.
    (4) 
    The Advisory Review Committee shall perform its duties pursuant to bylaws and procedures provided by the Town Planning Department and shall cease to exist upon the expenditure of all of the funds in the environmental legacy fund accounts.
    C. 
    Town Comptroller. The Town Comptroller shall have the power to invest, from time to time, the moneys of these funds, in accordance with General Municipal Law, Article 2, General Municipal Finances, and any other appropriate statutes of the laws of the State of New York.
    D. 
    Town parks. All real properties purchased in fee for park purposes with monies from these funds shall become dedicated as parklands, which may then be alienated only with the approval of New York State legislation, and shall be maintained by the Town Department of Parks.