2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 7-A - Water Authority of Southeastern Nassau County › 1174-D - Water Authority of Southeastern Nassau County.

§  1174-d.  Water  authority  of  Southeastern  Nassau  county.  1.  A
corporation known as "water authority of Southeastern Nassau county"  is
hereby  created  for the purposes and charged with the duties and having
the powers provided in this title. The authority shall  be  a  corporate
governmental  agency constituting a public benefit corporation and shall
be a "public district" for the purposes of section eighty-nine-l of  the
public  service  law.  The  authority  shall  be  governed by a board of
directors consisting of five members, three of whom shall  be  appointed
by  the  town  board  of  the town of Hempstead and two of whom shall be
appointed by the town board of the town of Oyster Bay in the same manner
as officers and employees are  appointed  pursuant  to  paragraph  a  of
subdivision  one  of  section  twenty of the town law. Each member shall
serve for a period of two years. Each chief executive officer shall file
with  the  secretary  of  state  a   certificate   of   appointment   or
reappointment  of  any  member  appointed  or  reappointed by such chief
executive within  thirty  days  of  the  appointment  or  reappointment.
Members  shall  receive  no compensation for their services but shall be
entitled  to  reimbursement  of  their  necessary  expenses,   including
traveling expenses, incurred in the discharge of their duties.
2.  Any one or more of the members of the board of directors may be an
official or an employee of a municipality situated within the  district.
In  the event that an official or an employee of such municipality shall
be appointed as a member  of  the  board  of  directors,  acceptance  or
retention of such appointment shall not be deemed a forfeiture of his or
her  municipal office or employment, or incompatible therewith or affect
his or her tenure or compensation in any way.
3. No action shall be taken by the authority except  pursuant  to  the
favorable vote of three members of the board of directors.
4.  The  powers  of  the  authority  shall  be  vested in and shall be
exercised by the board of directors at a meeting duly called  and  held.
Three  members  of the board of directors shall constitute a quorum. The
board of directors may delegate to one or more of its members, or to one
or more of the officers, agents or  employees  of  the  authority,  such
powers and duties as it may deem proper.
5.  The  officers  of  the  authority  shall consist of a chairperson,
treasurer, and secretary, who may, but need not be members of the  board
of  directors.  The  officers of the authority shall be appointed by the
board of directors. The board  of  directors  may  appoint  and  at  its
pleasure  remove  an  attorney  and  an  engineer,  which  positions, in
addition to the officers above named, shall be in the  exempt  class  of
the  civil  service and such additional officers and employees as it may
require for the performance of  its  duties,  fix  and  determine  their
qualifications,  duties,  compensations  and  terms of office or tenure,
subject to the provisions of the civil service law of the state and such
rules as the civil service commission may adopt and make  applicable  to
the  authority.  The  authority  may also from time to time contract for
expert professional services. The duties of the  officers  shall  be  as
follows:
(a)  Chairperson. The chairperson shall be the chief executive officer
of the authority and it shall be the responsibility of  the  chairperson
to:
(i)  preside  at  all  meetings  of  the board of directors and of the
officers;
(ii) manage the water facility,  the  transmission  facility  and  the
distribution  system  and  to  effectuate  the decisions of the board of
directors;
(iii) exercise supervision  over  the  conduct  of  the  officers  and
employees of the authority;
(iv)   report  annually  to  each  customer,  either  by  mail  or  by
publication once in a newspaper having general  circulation  within  the
district;  such report shall include but not be limited to the following
information:
(1)  a  brief  financial  account  on  operations  of the water system
including, but not limited to, water rates,  total  revenues,  operating
and maintenance expense, and interest on bonds and notes;
(2) the population served by the authority;
(3)  the number of wells, towers and other storage facilities operated
by the authority;
(4) the total pumpage of groundwater  including  the  amount  received
through  interdistrict  interconnections  and  the estimated amount lost
from the system;
(5) the single highest level from each well of each synthetic  organic
chemical,  nitrate  and chloride constituent tested for by the authority
at any time during the year which exceeds the  applicable  county  water
quality  standard  or guideline, that standard or guideline, the site of
each well at which each reported constituent was found, and the date  on
which each reported constituent was analyzed;
(6)  the  highest  level  from  each  well  of  each synthetic organic
chemical, nitrate and chloride constituent tested for by  the  authority
at  any time during the year which does not exceed the applicable county
water standard or guideline, but which contains  a  level  equal  to  or
greater  than  two-thirds  of  the  amount  permitted before exceeding a
standard or guideline, that standard or guideline, the site of each well
at which each reported constituent was found and the date on which  each
reported constituent was analyzed;
(7)  once  every  five  years,  the  highest  level of any constituent
discovered within the distribution system which contains a  level  equal
to or greater than two-thirds of the amount permitted before exceeding a
standard  or  guideline,  that  standard or guideline, and the resulting
action taken by the authority;
(8) any well restricted, removed from service or otherwise limited  in
its 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 entering
the distribution system;
(11)  any  compliance  activities  required  by  regulations  of   the
department  of environmental conservation or the department of health or
any local health department and any instances of noncompliance;
(12)  the  present  condition  of  the  distribution  system  and  any
significant  actions,  as  determined  by  the  authority, to improve or
maintain the system;
(13) any special public services the  authority  provides  during  the
year; and
(14)   information   on  water  conservation  measures  customers  can
implement, 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  of
water  and  estimated  savings  of water, energy, and money, from use of
these measures;
(v) execute all contracts in the name of the authority;
(vi) institute, at the direction of the board of directors, all  civil
actions in the name of the authority;
(vii)  provide for the enforcement of all of the rules and regulations
of the authority and cause all violations thereof to be prosecuted;
(viii) sign orders to pay claims  when  authorized  by  the  board  of
directors;
(ix)  sign  checks  in  the  absence  or inability of the treasurer or
deputy treasurer, if any, when authorized by the board of directors; and
a certified copy of a resolution of  the  board  of  directors  to  that
effect shall be notice to the depository of such authorization;
(x)  appoint,  subject  to  the  approval  of  the board of directors,
non-elected  officers,  counsel,  accountants,   and   other   financial
advisors, engineers and other technical advisors;
(xi)   employ,   promote   and  discharge  managers,  supervisors  and
employees; and
(xii) take all other reasonable and necessary actions to carry out his
or  her  office  as  the  chief  executive  of  the  authority.  If  the
chairperson has not been appointed as a member of the board of directors
of  the  authority  pursuant  to this section, such chairperson shall be
deemed an ex officio member of the board of directors. Such status shall
not carry with it the right to vote on matters coming before  the  board
of  directors  nor shall the presence of such chairperson be counted for
the purpose of determining a quorum.
(b)  Secretary.  (i)  The  secretary  shall  be  the   recording   and
corresponding  officer of the authority and the custodian of the records
of the authority.
(ii) The secretary shall prepare and  send  required  notices  of  all
meetings  when  directed  to  do so by the chairperson or by the written
request of four members who have specified the issues to be discussed at
the meeting.
(iii) In the absence or disability of the secretary,  the  chairperson
may appoint a temporary secretary.
(c)  Treasurer.  (i)  The  treasurer  shall have custody of all moneys
belonging to the  authority  and  keep  accounts  of  all  receipts  and
expenditures in conformance with a uniform system of accounts formulated
and  prescribed by the comptroller pursuant to section thirty-six of the
general municipal law.
(ii) The treasurer shall execute a bond, conditioned upon the faithful
performance of  the  duties  of  his  or  her  office,  the  amount  and
sufficiency of which shall be approved by the board of directors and the
premium therefor shall be paid by the authority.
(iii)  The  treasurer  shall  deposit,  within  ten days after receipt
thereof, in the name of the authority, in  one  or  more  banks,  and/or
trust  companies,  designated  by  the  board  of  directors, all moneys
received by him or her.
(iv) The treasurer may sign checks with the facsimile signature of the
treasurer, as reproduced by a machine or  device  commonly  known  as  a
checksigner, when authorized by the board of directors.
(v)  The  treasurer  shall  pay out moneys from the authority treasury
only as authorized by the board  of  directors  and  by  law.  All  such
payments,  except  as  may be authorized by the board of directors for a
petty cash account, shall be by check.
(vi) The treasurer shall  issue  a  report  on  the  finances  of  the
authority at each regular meeting of the board of directors.
(vii)  The treasurer shall file in the office of the authority, within
sixty days after the end of the fiscal  year,  a  statement  showing  in
detail all revenues and expenditures during the previous fiscal year and
the  outstanding  indebtedness  of  the  authority  as of the end of the
fiscal year. The members shall, within ten days, cause to  be  published
once  in  a  newspaper having general circulation within the district, a
notice that the  annual  financial  statement  has  been  filed  and  is
available  for  inspection  or  a  summary  of  such statement in a form
approved by the comptroller, with an endorsement  thereon  that  details
thereof  are  on  file in the office of the authority. The members shall

cause to be audited by a certified public accountant  engaged  for  that
purpose, such report and supporting records.
6.  The  officers of the authority shall receive such compensation for
their services as shall be fixed by the board of directors and shall  be
reimbursed  for all necessary and actual expenses incurred in connection
with their duties as such officers and in connection with  the  carrying
out of the purposes of this title.
7.  The  authority  and  its  corporate existence shall continue until
terminated by law or terminated pursuant to an affirmative vote  of  all
five members of the board of directors to retain the water supply system
within  the  district  which is in existence as of the effective date of
this title; provided, however, that no  such  law  or  vote  shall  take
effect  so  long  as  the  agency  shall have bonds or other obligations
outstanding unless adequate provision has been made for the  payment  or
satisfaction thereof. Except as provided in paragraph (d) of subdivision
one  of  section  eleven  hundred  seventy-four-e  of this article, upon
termination of the existence of the authority, all  of  the  rights  and
properties of the authority then remaining shall pass to and vest in the
towns  within  the  district.  Such  property  shall  be apportioned and
distributed so each town shall receive the property located  within  its
boundaries.
8.  In addition to any powers granted to it by law, the governing body
of each of the towns  within  the  district,  from  time  to  time,  may
appropriate sums of money to defray project costs or any other costs and
expenses  of  the  authority. Subject to the rights of bondholders, each
governing body may determine if the  moneys  so  appropriated  shall  be
subject  to  repayment by the authority to the towns, and in such event,
the manner and time or times for such repayment.
9. For the purposes of article fifteen-A of the  executive  law  only,
the  authority  shall  be  deemed a state agency as that term is used in
such article, and its contracts for design, construction,  services  and
materials  shall  be  deemed  state contracts within the meaning of that
term as set forth in such article.
10. It is hereby determined and declared that the  authority  and  the
carrying  out of its powers, purposes and duties are in all respects for
the benefit of the people of the towns within the  district  and  state,
for the improvement of their health, welfare and prosperity and that the
said  purposes are public purposes and that the authority is and will be
performing an essential governmental function in  the  exercise  of  the
powers conferred upon it by this title.
11.   (a)   The  county  executive  shall  file  on  or  before  March
thirty-first of the year following the year in which  this  title  shall
have  become law, in the office of the secretary of state, a certificate
signed by the county executive  setting  forth:  (1)  the  name  of  the
authority;  (2)  the  names  of  the  members  appointed  by  the county
executive and their terms of office; and (3) the effective date of  this
title. The authority shall be perpetual in duration, except that if such
certificate  is  not filed with the secretary of state on or before such
date, then the corporate existence  of  the  authority  shall  thereupon
terminate and it shall thereupon be deemed to be and shall be dissolved.
(b)  Except  as  provided  in  paragraph  (a) of this subdivision, the
authority and its corporate existence shall continue until terminated by
law, provided, however, that no such law shall take effect  so  long  as
the  authority  shall have bonds or other obligations outstanding unless
adequate provision  has  been  made  for  the  payment  or  satisfaction
thereof.  Upon termination of the existence of the authority, all of the
rights and properties of the authority then remaining shall pass to  and
vest in the county.