[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-26-1989 by Res. No. 938-1989 (Ch. 572, Art. I,
of the 1985 Code)]
The County Department of Public Works is hereby authorized, empowered and directed, pursuant to § C8-2H of the Suffolk County Charter, to submit a written report to each member of the County Legislature on July 31 of each and every subsequent fiscal year, outlining the precise status of all County capital projects, including but not limited to the following information:
A.
A list of all capital projects that have been closed out during the
pertinent fiscal year;
B.
A list of all capital projects that can be closed out during the
pertinent fiscal year;
C.
A list of all capital projects that should be closed out during the
pertinent fiscal year;
D.
The precise amount of unused cash balances available in the pertinent
fiscal year for each such project;
E.
The amount of cash to be transferred to the operating budget for
each such project, together with a total of such amounts for the pertinent
fiscal year and a projected amount for the pertinent fiscal year;
F.
The amount of cash to be transferred to a reserve account for bonded
debt for each such project, together with a total of such amounts
for the pertinent fiscal year and a projected amount for the pertinent
fiscal year;
G.
The amount of funds to be transferred from the reserve account to
the revenue account for unused capital fund authorizations for each
such project, together with a total of such amounts for the pertinent
fiscal year and a projected amount for the pertinent fiscal year;
H.
The amount of funds to be transferred to the Federal Revenue-Sharing
Trust Fund for transfer to the general fund or the amounts to be transferred
from the general fund to the capital fund to balance out capital accounts
where expenditures exceed cash available for each such project, together
with a total of such amounts for the pertinent fiscal year and a projected
amount for each of these items for the pertinent fiscal year; and
I.
The precise cumulative fiscal impact to the pertinent year's
operating budgets from the standpoint of property tax mitigation or
reduction arising out of the closeout of all such projects eligible
for closeout in the pertinent fiscal year.
[1]
Editor's Note: Original § 572-1 of the 1985 Code,
Reports required for 1989, which immediately preceded this section,
applied to reports required only for the year 1989 and has therefore
been removed from the Code.
[Adopted 6-16-2015 by Res. No. 600-2015]
This Legislature finds and determines that the authorization
for and establishment of a County road system stems from a New York
State law initially enacted in 1893, which was intended to permit
the development of road systems in counties throughout the State of
New York by creating a system of state funding of county roadway development.
This Legislature further finds and determines that because of 1914
and 1929 amendments to this funding mechanism, roads that had been
constructed and maintained by local municipalities (i.e., towns and
incorporated villages) were ineligible for direct state and/or federal
aid and could only avail themselves of this financial benefit if these
road segments were included in the County road system, despite the
fact that the local municipality where the road segment was located
retained ownership and/or maintenance responsibilities of the subject
road segment. This Legislature further finds and determines that subsequent
amendments to New York State and federal laws, rules, and regulations
now allow for direct New York State and/or federal highway aid to
be directly distributed to local municipalities and that the prior
inclusion of these roadway segments in the County road system to secure
said financing is no longer necessary. This Legislature further finds
and determines that New York State Highway Law § 115-b permits
the County and the local municipalities to enter into agreements removing
said road segments from the County road system. Resolution No. 825-2011
authorized the Commissioner of the Department of Public Works to take
measures to remove certain roads from the Suffolk County road system.
This Legislature further finds and determines that it was never the
intention of the County of Suffolk to own or maintain the local municipal
roads that were included in the County road system for the purpose
of obtaining New York State and/or federal aid. This Legislature further
finds and determines that § 129 of the New York State Highway
Law authorizes and permits the County of Suffolk to apportion the
cost of maintenance between it and the local municipalities in which
any County road system road is located. Therefore, the purpose of
this article is to establish a uniform system for the removal of roads
from the County road system and for the maintenance and apportionment
of costs of certain roads in the County road system.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Public
Works.
Shall have the same meaning as used in Article VI of the
New York State Highway Law.
Any design, construction, improvement, operation, maintenance,
use, management, or any combination of the foregoing for any road
in the County road system.
Any highway or road in the County road system for which money
has been expended for construction, reconstruction, improvement or
maintenance under Article VI of the Highway Law.
In accordance with the provisions of New York State Highway
Law § 115-b, the Commissioner may enter into any necessary
written agreements with the governing body of any town or village
for any roadway recommended and approved by the Legislature for removal
from the County road system, for the purpose of returning such roadway
to the town or village in which it is situated. The Commissioner may
make the necessary applications to the New York State Commissioner
of Transportation for any such roadway that the Commissioner deems
suitable to be removed from the County road system and returned to
the town or village in which it is situated.
In accordance with New York State Highway Law § 129,
the Commissioner may apportion the cost of maintenance between the
County and the local municipalities in which any County road system
road is located for any fiscal year during which the County has borne,
in whole or in part, the cost of maintenance of such road.
A.
The Commissioner is hereby authorized and empowered and directed to perform such acts and adopt such rules and regulations after the adoption of this article that are deemed by him to be necessary and proper to reasonably apportion the costs of maintenance authorized under Code § 874-5, including, without limitation:
(1)
For costs of maintenance incurred in a fiscal year prior to the adoption
of this article, identification of the road or part thereof and the
fiscal year for which the apportionment is being sought, and the amount
to be recovered from local municipalities; and
(2)
For costs of maintenance incurred in a fiscal year concurrent with
or after the adoption of this article, identification of the road
or part thereof and fiscal year for which the apportionment is being
sought, and the amount to be borne by the County and the local municipalities,
respectively.
B.
No rule or regulation proposed under this article shall be approved
by the Commissioner until after he has held a public hearing. Notice
thereof shall be given by posting conspicuously at the office of the
Clerk of the Legislature, the County Clerk, the Commissioner, at the
plaza level of the H. Lee Dennison Building and by publication in
the official County papers. Such notice shall state the time when
and the place where the Commissioner shall convene for such hearing,
which will be during regularly scheduled business hours. In any event,
the posting and publication shall be not less than three days nor
more than 15 days before the date of the hearing. In the case of the
notice by posting, a copy of the rules and regulations shall be attached;
and in the case of the published notice, a synopsis shall be provided.
The action of the Commissioner in apportioning costs may be
reviewed by a proceeding brought under and pursuant to Article 78
of the Civil Practice Law and Rules of the State of New York.
