2022 New York Laws :: PBA - Public Authorities :: Article 5 - Public Utility Authorities :: Title 5-A - South Nassau Water Authority :: 1114-D

* § 1114-d. South Nassau water authority. 1. A corporation known as"South Nassau water authority" is hereby created for the purposes andcharged with the duties and having the powers provided in this title.The authority shall be a corporate governmental agency constituting apublic benefit corporation and shall be a "public district" for thepurposes of section eighty-nine of the public service law. The authorityshall be governed by a board of directors consisting of five members.The governing board of the town of Hempstead shall appoint threemembers, and the Nassau county legislature shall appoint two members whoare residents serviced by the water authority of South Nassau. Eachmember shall serve for a period of two years. Each chief executiveofficer shall file with the secretary of state a certificate ofappointment or reappointment of any member appointed or reappointed bysuch chief executive officer within thirty days of the appointment orreappointment. Members shall receive no compensation for their servicesbut shall be entitled to reimbursement of their necessary expenses,including traveling expenses, incurred in the discharge of their duties.Nothing in this section shall be construed as preventing a chiefexecutive officer of a municipality from appointing himself or herselfto be a member of the board of directors. 2. If the authority decides to enter into a contract to purchase orotherwise acquire an interest in the New York American water servicecorporation or to initiate a condemnation proceeding pursuant to theeminent domain procedure law for the area it services within the SouthNassau water authority district, prior to entering into any contract topurchase or otherwise acquire an interest in the New York American waterservice corporation or the initiation of any condemnation proceeding bythe authority pursuant to the eminent domain procedure law for the areait services within the South Nassau water authority district, theauthority shall provide ratepayers within the area serviced by the NewYork American water service corporation and the public with publicforums for the expression and discussion of views regarding suchpurchase, acquisition or condemnation of the New York American waterservice corporation. The authority shall hold at least one forum in thetown of Hempstead. 3. If the authority decides to enter into a contract to purchase orotherwise acquire an interest in the New York American water servicecorporation or to initiate a condemnation proceeding pursuant to theeminent domain procedure law for the area it services within the SouthNassau water authority district, the authority is authorized to provideregistered voters within the area serviced by the New York Americanwater service corporation within the South Nassau water authoritydistrict prior to entering into such contract to purchase or otherwiseacquire an interest in the New York American water service corporationor the initiation of any condemnation proceeding by the authoritypursuant to the eminent domain procedure law for the area the New YorkAmerican water service corporation services within the South Nassauwater authority district, with a nonbinding referendum, regardingwhether the authority should enter into a contract to purchase orotherwise acquire an interest in the New York American water servicecorporation or initiate condemnation proceedings pursuant to the eminentdomain procedure law for the area it services within the South Nassauwater authority district. The proposition shall be placed on the ballotand voted upon at a special election on a date to be determined by theNassau county board of elections. 4. Any one or more of the members of the board of directors may be anofficial or an employee of a municipality situated within the district.In the event that an official or an employee of such municipality shallbe elected as a member of the board of directors, acceptance orretention of such appointment shall not be deemed a forfeiture of his orher municipal office or employment, or incompatible therewith or affecthis or her tenure or compensation in any way. 5. No action shall be taken by the authority except pursuant to thefavorable vote of a simple majority of the board of directors. 6. The powers of the authority shall be vested in and shall beexercised by the board of directors at a meeting duly called and held.Three members of the board of directors, who together are authorized tocast a majority of the vote, shall constitute a quorum. The board ofdirectors may delegate to one or more of its members, or to one or moreof the officers, agents or employees of the authority, such powers andduties as it may deem proper. 7. The officers of the authority shall consist of a chairperson, vicechairperson, deputy chairperson, treasurer, and secretary, who shall notbe members of the board of directors. The officers of the authorityshall be appointed by the board of directors. The board of directors mayappoint and at its pleasure remove an attorney and an engineer, whichpositions, in addition to the officers above named, shall be in theexempt class of the civil service and such additional officers andemployees as it may require for the performance of its duties, fix anddetermine their qualifications, duties, compensations and terms ofoffice or tenure, subject to the provisions of the civil service law ofthe state and such rules as the civil service commission may adopt andmake applicable to the authority. The authority may also from time totime contract for expert professional services. The duties of theofficers shall be as follows:

(a) Chairperson. The chairperson shall be the chief executive officerof the authority and it shall be the responsibility of the chairpersonto:

(i) preside at all meetings of the board of directors and of theofficers;

(ii) manage the water facility, the transmission facility and thedistribution system and to effectuate the decisions of the board ofdirectors;

(iii) exercise supervision over the conduct of the officers andemployees of the authority;

(iv) report annually to each customer, either by mail or bypublication once in a newspaper having general circulation within thedistrict; such report shall include but not be limited to the followinginformation:

(1) a brief financial account on operations of the water systemincluding, but not limited to, water rates, total revenues, operatingand maintenance expenses, and interest on bonds and notes;

(2) the population served by the authority;

(3) the number of wells, towers and other storage facilities operatedby the authority;

(4) the total pumpage of groundwater including the amount receivedthrough interdistrict interconnections and the estimated amount lostfrom the system;

(5) the single highest level from each well of each synthetic organicchemical, nitrate and chloride constituent tested for by the authorityat any time during the year which exceeds the applicable county waterquality standard or guideline, that standard or guideline, the site ofeach well at which each reported constituent was found, and the date onwhich each reported constituent was analyzed;

(6) the highest level from each well of each synthetic organicchemical, nitrate and chloride constituent tested for by the authorityat any time during the year which does not exceed the applicable countywater standard or guideline, but which contains a level equal to orgreater than two-thirds of the amount permitted before exceeding astandard or guideline, that standard or guideline, the site of each wellat which each reported constituent was found and the date on which eachreported constituent was analyzed;

(7) once every five years, the highest level of any constituentdiscovered within the distribution system which contains a level equalto or greater than two-thirds of the amount permitted before exceeding astandard or guideline, that standard or guideline, and the resultingaction taken by the authority;

(8) any well restricted, removed from service or otherwise limited inits use and the cause for such action;

(9) any actions taken to secure new supplies or replace lost capacity;

(10) the types of treatment which the water receives before enteringthe distribution system;

(11) any compliance activities required by regulations of thedepartment of environmental conservation or the department of health orany local health department and any instances of noncompliance;

(12) the present condition of the distribution system and anysignificant actions, as determined by the authority, to improve ormaintain the system;

(13) any special public services the authority provides during theyear; and

(14) information on water conservation measures customers canimplement, such as, but not limited to, retrofitting plumbing fixtures,altering irrigation timing, using irrigation sensors, leak detection,proper use of water-consuming appliances, daily conscientious use ofwater and estimated savings of water, energy, and money, from use ofthese measures;

(v) execute all contracts in the name of the authority;

(vi) institute, at the direction of the board of directors, all civilactions in the name of the authority;

(vii) provide for the enforcement of all of the rules and regulationsof the authority and cause all violations thereof to be prosecuted;

(viii) sign orders to pay claims when authorized by the board ofdirectors;

(ix) sign checks in the absence or inability of the treasurer ordeputy treasurer, if any, when authorized by the board of directors; anda certified copy of a resolution of the board of directors to thateffect shall be notice to the depository of such authorization;

(x) appoint, subject to the approval of the board of directors,nonelected officers, counsel, accountants, and other financial advisors,engineers and other technical advisors;

(xi) employ, promote and discharge managers, supervisors andemployees; and

(xii) take all other reasonable and necessary actions to carry out hisor her office as the chief executive of the authority. If thechairperson has not been appointed as a member of the board of directorsof the authority pursuant to this section, such chairperson shall bedeemed an ex officio member of the board of directors. Such status shallnot carry with it the right to vote on matters coming before the boardof directors nor shall the presence of such chairperson be counted forthe purpose of determining a quorum.

(b) Vice chairperson. The vice chairperson shall perform all dutiesdelegated to him or her by the chairperson and, in the absence or duringthe disability of the chairperson, the vice chairperson shall act aschairperson.

(c) Deputy chairperson. The deputy chairperson shall perform allduties delegated to him or her by the chairperson or the vicechairperson.

(d) Secretary. (i) The secretary shall be the recording andcorresponding officer of the authority and the custodian of the recordsof the authority.

(ii) The secretary shall prepare and send required notices of allmeetings when directed to do so by the chairperson or by the writtenrequest of four members who have specified the issues to be discussed atthe meeting.

(iii) In the absence or disability of the secretary, the chairpersonmay appoint a temporary secretary.

(e) Treasurer. (i) The treasurer shall have custody of all moneysbelonging to the authority and keep accounts of all receipts andexpenditures in conformance with a uniform system of accounts formulatedand prescribed by the comptroller pursuant to section thirty-six of thegeneral municipal law.

(ii) The treasurer shall execute a bond, conditioned upon the faithfulperformance of the duties of his or her office, the amount andsufficiency of which shall be approved by the board of directors and thepremium therefor shall be paid by the authority.

(iii) The treasurer shall deposit, within ten days after receiptthereof, in the name of the authority, in one or more banks, and/ortrust companies, designated by the board of directors, all moneysreceived by him or her.

(iv) The treasurer may sign checks with the facsimile signature of thetreasurer, as reproduced by a machine or device commonly known as achecksigner, when authorized by the board of directors.

(v) The treasurer shall pay out moneys from the authority treasuryonly as authorized by the board of directors and by law. All suchpayments, except as may be authorized by the board of directors for apetty cash account, shall be by check.

(vi) The treasurer shall issue a report on the finances of theauthority at each regular meeting of the board of directors.

(vii) The treasurer shall file in the office of the authority, withinsixty days after the end of the fiscal year, a statement showing indetail all revenues and expenditures during the previous fiscal year andthe outstanding indebtedness of the authority as of the end of thefiscal year. The members shall, within ten days, cause to be publishedonce in a newspaper having general circulation within the district, anotice that the annual financial statement has been filed and isavailable for inspection or a summary of such statement in a formapproved by the comptroller, with an endorsement thereon that detailsthereof are on file in the office of the authority. The members shallcause to be audited by a certified public accountant engaged for thatpurpose, such report and supporting records. 8. The terms of the chairperson, vice chairperson and deputychairperson first appointed shall be staggered, the chairperson firstappointed shall serve for a period of four years, the vice chairpersonfirst appointed shall serve for a period of three years and the deputychairperson first appointed shall serve for a period of two years;thereafter their successors shall serve for terms of four years. Theremaining officers shall each serve terms of one year. The board ofdirectors shall have the right, at any time, to extend any such term,for a period of months, to provide that such term terminatescontemporaneously with the end of the fiscal year of the authority. 9. The officers of the authority shall receive such compensation fortheir services as shall be fixed by the board of directors and shall bereimbursed for all necessary and actual expenses incurred in connectionwith their duties as such officers and in connection with the carryingout of the purposes of this title. 10. The authority and its corporate existence shall continue untilterminated by law; provided, however, that no such law shall take effectso long as the authority shall have bonds or other obligationsoutstanding unless adequate provision has been made for the payment orsatisfaction thereof. Upon termination of the existence of theauthority, all of the rights and properties of the authority thenremaining shall pass to and vest in the municipalities within thedistrict. Such property shall be apportioned and distributed among themunicipalities within the district in direct proportion to their votingon the date of the termination of the authority. 11. In addition to any powers granted to it by law, the governing bodyof each of the municipalities within the district, from time to time,may appropriate sums of money to defray project costs or any other costsand expenses of the authority. Subject to the rights of bondholders,each governing body may determine if the moneys so appropriated shall besubject to repayment by the authority to the municipalities, and in suchevent, the manner and time or times for such repayment. 12. Neither the public service commission nor any other board orcommission of like character, shall have jurisdiction over the authorityin the management and control of its properties or operations or anypower over the regulation of rates fixed or charges collected by theauthority. 13. It is hereby determined and declared that the authority and thecarrying out of its powers, purposes and duties are in all respects forthe benefit of the people of the municipalities within the district andstate, for the improvement of their health, welfare and prosperity andthat the said purposes are public purposes and that the authority is andwill be performing an essential governmental function in the exercise ofthe powers conferred upon it by this title. * NB There are 2 § 1114-d's

2022 New York Laws :: PBA - Public Authorities :: Article 5 - Public Utility Authorities :: Title 5-A - South Nassau Water Authority :: 1114-D - South Nassau Water Authority. (2023)