[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use — See Ch. 345.
[Adopted 6-4-1957 by Res. No. 233-1957]
[Amended 8-6-1963 by Res. No. 369-1963]
Pursuant to provisions of Article 5-B[1] of the County Law, the Board of Supervisors[2] does hereby establish a County Sewer Agency to consist of 11 members, three of whom shall be elected Republican officials, one from the Town Board of the Town of Clarkstown, one from the Town Board of the Town of Ramapo and one from the Village Board of the Village of Spring Valley, who shall serve for a term to be at the pleasure of the Board of Supervisors.
[1]
Editor's Note: For current provisions, see Article 5-A of the County Law.
[2]
Editor's Note: The County governing body is now the County Legislature.
The Chairman is hereby authorized to appoint the members of the County Sewer Agency.
The Rockland County Sewer Agency is hereby authorized to establish rules and regulations pursuant to Article 5-B of the County Law.
[Adopted 12-26-1963 by Res. No. 624-1963]
A. 
Rockland County Sewer District No. 1 is hereby established, and the area of said district and the boundaries thereof shall be as follows:
 Beginning in the northerly boundary line of the Town of Clarkstown where it intersects coordinate E 607,000, said coordinate being on the New York State Plane Rectangular Coordinate System, all as established by the United States Coast and Geodetic Survey and running thence (1) S 19° 51' 20" W about 382 feet to a point with Coordinates N 428,070 and E 606,870 thence (2) south 820 feet, (3) E 1,630 feet, (4) S 40° 44' 45" E, 4,289.8 feet, (5) S 34° 16' E, 5,505.6 feet, (6) S 17° 24' 10" E, 7,021.4 feet, (7) S 16° 21' W, 3,908.0 feet, (8) S 69° 26' 40" W, 4,272.0 feet, (9) S 35° 25' 45" W, 4,295.3 feet, (10) S 38° 24' E, 3,445.2 feet, (11) S 46° 01' 15" W, 3,960.3 feet, (12) S 35° 05' 45" E 2,261 feet, more or less, to the southerly line of the Town of Clarkstown, (13) and running thence westerly along the dividing line between the Towns of Clarkstown and Orangetown about 340 feet to its intersection with Coordinate E 609,840, (14) Southeasterly about 970 feet to a point with Coordinates N 395,860 and E 610,220, (15) thence on a course of S 18° 02' E 904.26 feet to Coordinates N 395,000 and 10,500 (16) thence due east about 200 feet to the dividing line between the Village of South Nyack and the Town of Orangetown, (17) thence southerly along said dividing line about 1,435 feet to an angle point in the said dividing line, (18) thence southeasterly still along said dividing line across Highland Avenue about 250 feet to a point 125 feet easterly from the center line of Highland Avenue (19) thence southerly and parallel to the center line of Highland Avenue about 1,820 feet to an intersection with Coordinate N 392,000, (20) thence southwesterly about 800 feet to Coordinates N 391,200 and E 611,320, (21) thence S 51° 32' E about 1,000 feet to a point 125 feet southeasterly to South Boulevard and Coordinate N 390,580, (22) thence southwesterly and parallel to South Boulevard about 360 feet to a point 125 feet northerly of Highland Avenue, (23) thence generally southerly and parallel to Highland Avenue about 4,900 feet to an intersection with Coordinate N 385,750, (24) thence southwesterly about 1,300 feet to Coordinates N 384,950 and E 611,570, (25) thence S 22° 51' 30" E 1,106.93 feet to Coordinates N 383,930 and E 612,000, (26) thence due south 1,930 feet to Coordinates N 382,000 and E 612,000, (27) thence S 45° W 1,414.21 feet to Coordinates N 381,000 and E 611,000, (28) thence due south 1,430 feet across Kings Highway to Coordinates N 379,570 and E 611,000, (29) thence southwesterly about 2,130 feet to an intersection of the northeasterly line of right-of-way of the Piermont division of the Erie Railroad at its intersection with Coordinate E 609,610, (30) thence northwesterly along said line of the Erie Railroad about 6,100 feet to its intersection with the West Shore Division of the New York Central Railroad, (31) thence northerly along the said easterly line of the West Shore Division about 6,600 feet to its intersection with Coordinate N 389,100, (32) thence due west about 5,350 feet to its intersection with the northeasterly line of the Piermont Division of the Erie Railroad, (33) thence along the northeasterly and northerly line of the said Erie Railroad about 12,000 feet to the dividing line between the Towns of Orangetown and Clarkstown, (34) running thence westerly and southwesterly along dividing line to the easterly line of the Town of Ramapo, (35) southerly, westerly and northwesterly along the Town line of Ramapo to the Suffern Village line, (36) along the southerly, easterly and northerly lines of the Village of Suffern until it intersects coordinate line E 551,180, thence (37) N 48° 39' 40" E about 9,083 feet to a point with coordinates N 416,000 and E 558,000, thence (38) N 39° 48' 20" E, 3,124.1 feet, (39) N 35° 32' 15" E, 6,881.9 feet, (40) N 42° 30' 40" E about 12,210 feet to an intersection with the northerly line of the Town of Ramapo with Coordinate E 572,250, thence (41) southeasterly and northeasterly along the Town line of Ramapo to the northwesterly corner of the Town of Clarkstown (42) continuing northeasterly and southeasterly along the northerly boundary of Clarkstown to the place or point of beginning.
B. 
From the aforementioned there shall be excluded:
(1) 
Property of the Palisades Interstate Parkway and Rockland Cemetery, both in the Town of Orangetown.
(2) 
Any part of existing Orangetown Town Sewer Districts.
(3) 
Clarkstown Town Sewer District No. 4.
[Amended 1-25-1966 by Res. No. 53-1966; 12-28-1967 by Res. No. 674-1967; 1-18-1994 by Res. No. 24-1994; 9-4-2001 by Res. No. 479-2001; 11-19-2001 by Res. No. 611-2001; 5-17-2016 by Res. No. 260-2016]
A. 
There is hereby established a Board of Commissioners of Rockland County Sewer District No. 1, which Board shall consist of 10 members, effective upon adoption of this resolution.
B. 
Classes of membership: The Board of Commissioners shall be constituted of members from the following groups:
(1) 
Class One: Members serving ex officio:
(a) 
Supervisor of the Town of Ramapo.
(b) 
Supervisor of the Town of Clarkstown.
(c) 
Supervisor of the Town of Orangetown.
(2) 
Class Two: Elected official members:
(a) 
An elected official from the Village of Spring Valley.
(b) 
An elected official from the Town of Ramapo.
(c) 
An elected official from the Town of Clarkstown.
(3) 
Class Three: Members of the public at large:
(a) 
Two residents from the Town of Ramapo who are not elected officials or employees of the state, or any county, town, village, or any district or authority authorized by state law.
(b) 
Two residents from the Town of Clarkstown who are not elected officials or employees of the state, or any county, town, village, or any district or authority authorized by State law.
C. 
Terms of membership.
(1) 
Class One members serving ex officio serve on the Board by reason of their office rather than by being appointed to the position and shall automatically be members of the Board by virtue of their position as Supervisor or Acting Supervisor, unless a substitute is designated in the fashion described below, and shall automatically and immediately vacate the position when they no longer hold their position of Town Supervisor or Acting Town Supervisor.
(2) 
Class Two members of the Board shall automatically and immediately vacate the position when they no longer hold their elected positions.
(3) 
Class Two and Three members of the Board shall be appointed by resolution of the Legislature of Rockland County and serve at the pleasure of the Legislature.
D. 
Substitute members for Town Supervisors. The Class One members may recommend other individuals to serve as members of the Rockland County Sewer District No. 1 in their place. Any such substitute must be a Town Councilmember, Village Board member or County Legislator residing within that Supervisor's municipality. Any such substitute shall not serve until appointed by resolution of the Legislature of Rockland County and shall serve at the pleasure of the Legislature. If such substitute member no longer serves, for any reason, the Supervisor shall automatically and immediately resume office, ex officio.
E. 
Terms of present members. The terms of all incumbent members of said Board, who are serving on the effective date of this legislation, shall be deemed expired as of the effective date of this legislation. All such members shall continue serving as holdovers, subject to the terms of this resolution, in their current capacities until the Board is reconstituted in accordance with this resolution, by the Legislature of the County of Rockland.
F. 
Compensation.
(1) 
Only Class Three members shall receive monetary compensation from the District's budget for their service on the Board. Such compensation shall be as set forth by the Legislature of the County of Rockland in the County's annual budget. All such compensation shall be paid from the operating fund of the budget of the Rockland County Sewer District No. 1. Commissioners eligible for payment shall be paid monthly.
(2) 
Starting January 1, 2017, a minimum of nine regular meetings per calendar year must be held. Only one meeting per month may be designated as a regular meeting.
(3) 
After January 1, 2017, members who miss a meeting, in the absence of an emergency, religious observance or documented medical excuse, shall have their annual stipend reduced by 1/12 for each regular meeting they miss, which reduction shall take effect immediately following the missed meeting.
(4) 
After January 1, 2017, if fewer than nine regular meetings are held in a calendar year, the stipend of those Commissioners eligible for payment will be reduced by 1/12 for each meeting less than the minimum nine required regular meetings held in addition to any potential reduction for missed meetings.
G. 
Attendance.
(1) 
Regular attendance at all regular and special meetings is expected.
(2) 
The Executive Director of the Rockland County Sewer District No. 1 shall maintain attendance records of the members and shall report the members' attendance monthly to the Clerk to the County Legislature.
(3) 
The Executive Director shall immediately report to the Clerk to the Legislature any member's excessive absences, defined as having three or more unexcused absences.
(4) 
Excused absences. An absence shall be excused in cases of emergency, religious observance or medical need. The absent member must file with the Clerk to the County Legislature an explanation of the emergency or medical excuse as soon as practicable. Failure to file within a reasonable time will cause the absence to be deemed unexcused.
H. 
Term limits for Chair.
(1) 
The Chair of the Board of Commissioners will serve for no more than four consecutive years, after which he/she cannot be reappointed as Chair for at least two years. The Chair shall be selected annually by the Board of Commissioners.
(2) 
Notwithstanding the foregoing, during the year 2021, should a member of the Board be elected to an additional term otherwise barred by the foregoing term limit, that person may serve as Chair for one additional, consecutive term.
[Amended 3-16-2021 by Res. No. 119-2021]
I. 
Felony conviction. Any Commissioner convicted of any felony shall be automatically and immediately disqualified from serving on the Board of Commissioners. The Executive Director shall notify the Clerk to the County Legislature as soon as practicable. The Clerk to the County Legislature shall promptly notify any such Commissioner in writing of his/her removal from the Board.
J. 
Required reporting.
(1) 
All resolutions and minutes of the Board of Commissioners shall be filed with the Clerk to the Legislature monthly.
(2) 
The Executive Director of Sewer Operations and Engineering (SD No. 1) shall report to the Legislature quarterly, in writing, the status of all operational, legal, financial, and personnel matters regarding the Rockland County Sewer District No. 1. The legal update shall include a written summary from the County Attorney, the Sewer District's counsel, or outside counsel, as appropriate, regarding all pending litigation involving Sewer District matters as well as any litigation that has been resolved since the previous quarterly report.
[Amended 3-5-2019 by Res. No. 117-2019; 8-5-2020 by L.L. No. 4-2020]
K. 
Any resolutions of this Legislature heretofore enacted to the contrary, including but not limited to Resolution Nos. 212 of 1990, 165 of 1990 and 24 of 1994, be and hereby are deemed amended to be consistent herewith.
The administrative body shall employ such engineers as may be necessary to prepare detailed plans and specifications for the construction of the sewer improvement and shall fix their compensation, shall employ an attorney and shall fix his compensation and shall employ financial consultants and such other professional and other assistance as it may deem necessary and shall fix their compensation.