[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.
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.
[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:
(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.
