Consolidates the village of Woodbury and town of Woodbury to create the town of Woodbury, leaving the incorporated village of Harriman intact but prohibiting any new villages from being formed within the town limits.
Ayes (47): Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Duane, Espaillat, Farley, Flanagan, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Valesky, Young, Zeldin
Nays (14): Adams, Breslin, Dilan, Gianaris, Hassell-Thomps, Krueger, Martins, Oppenheimer, Parker, Perkins, Rivera, Serrano, Stavisky, Stewart-Cousin
Absent (1): Fuschillo
TITLE OF BILL: An act to amend the general municipal law, in relation to consolidating the village of Woodbury with the town of Woodbury
PURPOSE: Consolidates the village of Woodbury and the town of Woodbury.
SUMMARY OF PROVISIONS: Section 1: Section 792 and 793 of the general municipal law are renumbered section 793 and 794 and a new section 792 is added.
New section 792 will consolidate the village of Woodbury and the town of Woodbury. Notwithstanding and other provision of this article or article two of the village law, the village of Woodbury and the town of Woodbury, New York, may form a consolidated local government entity by a joint consolidation agreement in accordance with the provisions of this article, except that the new governmental entity to survive shall be the town (including the existing incorporated village of Harriman) and such town shall have all of the powers, duties and obligations of a government under town law, but shall not be eligible for the formation of any additional villages within its limits. The new governmental entity to survive shall be governed initially by then-existing town of Woodbury supervisor and town of Woodbury town board members.
Section 4: Enacting Clause
JUSTIFICATION: This legislation was requested by the Village of Woodbury. At the present time there are numerous, costly duplicate services within the Village. A coterminous Village/Town is the goal of this legislation creating significant savings for both entities.
LEGISLATIVE HISTORY: S.7102-A of 2010
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 4223 2011-2012 Regular Sessions IN SENATE March 23, 2011 ___________Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to consolidating the village of Woodbury with the town of Woodbury THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. It was and is the intent of the New N.Y. Government Reorganization and Citizen Empowerment Act to provide opportunities for local governments and electors to adopt consolidated forms of local governments, and this act provides that opportunity to the village and town of Woodbury upon certain terms. S 2. Sections 792 and 793 of the general municipal law are renumbered sections 793 and 794 and a new section 792 is added to read as follows: S 792. CONSOLIDATION OF THE VILLAGE OF WOODBURY AND THE TOWN OF WOOD- BURY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, OR ARTICLE TWO OF THE VILLAGE LAW, THE VILLAGE AND TOWN OF WOODBURY, NEW YORK, MAY FORM A CONSOLIDATED LOCAL GOVERNMENT ENTITY BY A JOINT CONSOLIDATION AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, EXCEPT THAT THE NEW GOVERNMENTAL ENTITY TO SURVIVE SHALL BE THE TOWN (INCLUDING THE EXISTING PORTION OF THE INCORPORATED VILLAGE OF HARRIMAN PRESENTLY WITH- IN THE BOUNDARIES OF THE TOWN OF WOODBURY) THAT SHALL HAVE ALL OF THE POWERS, DUTIES AND OBLIGATIONS OF A GOVERNMENTAL ENTITY UNDER THE TOWN LAW, BUT SHALL NOT BE ELIGIBLE FOR THE FORMATION OF ANY ADDITIONAL VILLAGES WITHIN ITS LIMITS. THE NEW GOVERNMENTAL ENTITY TO SURVIVE SHALL BE GOVERNED INITIALLY BY THE THEN-EXISTING TOWN OF WOODBURY SUPERVISOR AND THE TOWN OF WOODBURY TOWN BOARD MEMBERS. S 3. Savings clause. If any portion, clause, sentence, paragraph, section, word, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the portion, clause, sentence, paragraph, word, section orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02867-01-1 S. 4223 2
part thereof directly involved in the controversy in which such judgment shall have been rendered. The town and village of Woodbury respectively reserve the right, upon a joint resolution and compliance with state law, to revert to their previous status in the event any subsequent change to this act, as a result of any judgment, renders it ineffective as to its legislative intent. S 4. This act shall take effect immediately.