Water Vote:The Law

Title 5
SPECIAL IMPROVEMENTS
13.)Comptroller`s approval.
a.)Where it is proposed or required that the town shall finance the cost of any improvement authorized by this section by the issuance of bonds, notes, certificates or other evidences of indebtedness of the town therefor and where the estimated expense of such improvement shall exceed one-tenth of one per centum of the full valuation of the taxable real property in the area of the town outside of villages, the permission of the state comptroller shall be required for such improvement.
b.)Within ten days after the adoption of a resolution by the town board pursuant to paragraph (c) of subdivision six of this section,which requires the approval of the state comptroller pursuant to paragraph (a) of this subdivision, the town clerk shall file a certified copy of such resolution in the office of the state department of audit and control at Albany, New York, together with an application for the approval of the state comptroller to the providing of such improvement.
The application shall be executed and verified by the supervisor,or such other officer of the town as the town board shall determine. Such application shall be in such form and shall contain such information as shall be prescribed by the state comptroller.

(What's to be included in the application?)
Such application shall be executed and verified by the supervisor, or such other officer of the town as the town board shall determine, and shall include the following:
(1) A certified copy of the petition (omitting, however, the signatures, and acknowledgments or proofs, or authentications) and in the instance of a sewer, drainage or water district, of the map and plan accompanying the same;
(2) An itemized statement of the then outstanding indebtedness of the town for all purposes, as evidenced by bonds, bond anticipation notes, capital notes and budget notes; the amount of joint indebtedness contracted or incurred for a joint service or a joint water, sewage or drainage project and the amount of such indebtedness allocated and apportioned to the town, as defined in title one-a of the local finance law; the amount of the indebtedness proposed to be contracted for the improvement; the amount of budgetary appropriations for the payment of any such indebtedness, whether or not such appropriations have been realized as cash, and the amounts, purposes and probable dates of issuance of any bonds, bond anticipation notes, capital notes and budget notes which the town has authorized to be issued but which in fact have not been issued on the date of such application;
(3) A statement of the aggregate assessed valuation of the real property situated in the proposed district or extension thereof, as such assessed valuations are shown on the last completed assessment roll of the town prior to the date of such application;
(4) A statement of the average full valuation of the taxable real property of the town. Such average full valuation shall be determined in accordance with the provisions of the first paragraph of subdivision seven-a of section 2.00 of the local finance law;
(5) A statement as to the manner in which it is proposed to finance the cost of the improvement. (b) Whenever such an application shall be filed in the office of the department of audit and control, the state comptroller shall within five days thereafter give notice thereof to the board of supervisors of the county in which such proposed district or extension is located by filing with the clerk of such board of supervisors one copy of such application.

c.)Whenever such an application shall be filed in the office of the department of audit and control, the state comptroller shall determine whether the public interest will be served by providing such improvement in the manner proposed and also whether the cost thereof will be an undue burden upon the property which is to bear the cost of such improvement. The state comptroller may make such determinations upon the
original or any amended application, or in his discretion may require the submission of additional information or data in such form and detail as he shall deem sufficient, or may cause an investigation to be made to aid him in making the determinations above mentioned.
d.)Upon the expiration of fifteen days from the date of the filing of such application, the state comptroller shall make an order, in duplicate, granting or denying approval for such improvement and shall file one copy of such order in the office of the state department of audit and control at Albany, New York, and the other in the office of the town clerk of the town in which the proposed improvement is to be provided. The town clerk shall thereupon notify the members of the town board of the receipt of such order and the contents thereof.

Late Financial Disclosure

Kyran Devery
Today is Day 82 for the North Greenbush Democratic Committee violation of State Election Law requiring the on line filing of a Financial Disclosure Report due July 15, 2007. Laws apparently don’t apply to the “reformed” democrats under Jeff Spain and his Treasurer, Tax Collector Kyran Devery.