[Added 10-11-1983 by L.L. No. 1-1983[1]]
[1]
Editor's Note: This local law also provided for the repeal
of former Article V, Board of Water Commissioners, amended 11-7-1972
by L.L. No. 2-1972.
There shall be a Board of Water and Sewer Commissioners, to
consist of four members, each of whom shall be appointed by the Mayor.
The Mayor shall be ex-officio member of the Board and shall serve
as Chairman. The term of office of the members shall be for four years
each, except that the members of the Commission first appointed shall
be for such terms that the term of one Commissioner shall expire annually
thereafter. The appointment shall be made no later than April 1. Not
more than two members of said Board shall belong to any one political
party.
The Board shall meet at City Hall at least one day in each month,
and at such times as they shall by resolution designate. The Mayor
may call special meetings by notice in writing served personally upon
the Board members, or left at their residences, at least 10 hours
prior to such meeting. A majority of such appointed Commissioners
shall constitute a quorum for the transaction of business. A majority
of a quorum shall be sufficient to pass on any matter before the Board,
except that no proposition requiring expenditure of money or affecting
any rights of person or property shall pass unless it receives the
assent of a majority of all appointed Commissioners in office; or,
in the alternative, the assent of any two appointed Commissioners
and the Mayor. In the event of a tie vote of the appointed Commissioners,
the Mayor shall vote as a member of the Board.
5.3.1 The Board is vested with the care and control of all facilities,
property, equipment and materials owned by, used with or pertaining
to the water and sewage systems of the city, and of all facilities,
property, equipment and materials hereafter owned by, used with or
pertaining to the water and sewage systems of the city.
5.3.2 The Board shall administer, regulate, construct, reconstruct, operate and maintain the city's water and sewer systems and do all other acts necessary so that the terms, purposes and policies of this Article and Chapter 177 of the Code of the City of Glens Falls are fully complied with and implemented.
5.3.3 The Board shall enforce the terms of this Article and Chapter 177 of this Code in accordance with the provisions set forth herein and therein.
The Board shall have the power:
5.4.1 To provide the city with an adequate and wholesome supply of water for public and private users of the city's water system; to maintain and extend the water distribution and supply system, and to protect the supply and sources of water against contamination; and for this purpose to acquire the necessary property and supplies, to construct and repair or have constructed and repaired the necessary dams, reservoirs, buildings, mains and other equipment, and to engage in any other lawful act(s) which the Board deems necessary and proper to implement any provisions or policy(ies) of this Article and Chapter 177 of the Code of the City of Glens Falls, including but not limited to instituting legal proceedings to obtain such ends; except that it shall not in any manner fluoridate the water under the control of the Water Department of the city government.
5.4.2 To employ a Superintendent and other necessary personnel,
including but not limited to a secretary and legal counsel; to prescribe
and define the duties of said personnel; and, subject to the approval
of the Common Council, to fix their compensation. [Amended 2-19-1998
by L.L. No. 2-1998]
5.4.3 If, after providing for the needs of the city and its
inhabitants, there should be a surplus of water available, to contract
to sell at a profit to the city, all or any part of such surplus to
a municipality or municipalities located within five miles of a boundary
line of the city, or to individuals for use within one mile of such
a boundary line or a water main of the city; but any such contract
shall provide that the vendee shall take such water within the city
or at a boundary thereof, or at its water mains, and no delivery of
water shall be made except as provided in such contract.
5.4.4 To acquire real estate or any interest therein, for any
purpose amenable with the policies and purposes of this chapter.
5.4.5 To furnish or supply water to any manufacturing plant,
commercial or business establishment, in addition to that supplied
for drinking and domestic purposes when, in its judgment, the supply
of water warrants such use.
5.4.6 To establish internal rules of procedure and substantive regulations not inconsistent with the terms of this Article and Chapter 177 of this Code, such regulations to be adopted by a majority of the total membership of the Board and filed with the City Clerk's Office.
5.4.7 To construe the terms of this Article or Chapter 177 of the Code of the City of Glens Falls in the event that any controversy arises over the interpretation of any section of this Article or Chapter 177; provided that said construction by the Board shall not contradict or result in the violation of any term or policy of any applicable federal, state or local law or regulation. The Board shall elicit the opinion of its legal counsel prior to rendering any such decision as to such construction.
5.4.8 To grant variances from any provision of Chapter 177 of the Code of the City of Glens Falls, subsequent to a duly noticed public hearing at which the applicant for a variance submits his application and reasons therefor, upon a finding by a majority of the Board in office that the strict application of the terms of said Chapter 177 would work an undue hardship on the applicant; provided that prior to the granting of any such variance the Board shall elicit the comments of its legal counsel; and provide further that in no event shall a variance be granted if to do so would result in a violation of any term or policy of this Article or said Chapter 177 or any applicable federal or state law or regulation.
5.4.9 To review any decision of the Superintendent, if a majority
of the members of the Board agree; and to overturn any decision of
the Superintendent that is reviewed upon the vote of a majority of
the total voting membership of the Board.
5.4.10 To exercise any powers necessary to the implementation of the provisions of this Article or Chapter 177 of this Code, whether specifically provided for, or implied, therein.
5.4.11 Any of the powers granted to the Board may be exercised
by the Board either within or without the boundaries of the city.
The Board may establish any rules and regulations which pertain
to matters within the scope of its power under this Article, including
but not limited to when and where water meters shall be used, conditions
related to the institution or continued use of the city's water and/or
sewer system, and penalties for failure to comply with the applicable
terms of this chapter.
5.6.1 All regulations, rules, rates and rents when fixed or
revised shall be published once each week for two successive weeks
in the official newspaper of the City of Glens Falls, and at midnight
on the final date of publication shall have the same force and effect
as city ordinances.
5.6.2 Upon the passage of an enactment of the Commission, the
City Clerk shall file such enactment in an indexed record of enactments
of the Board of Water and Sewer Commissioners maintained by the Clerk.
5.7.1 The Board shall appoint a Superintendent of the Water
and Sewer Department.
5.7.2 The Superintendent shall advise the Board on all its decisions, oversee the day-to-day administration and functioning of the city's water and sewer systems, and perform all acts accessory to his office as set forth in Chapter 177 of this Code.
5.8.1 The Mayor shall appoint an attorney who has been duly
licensed to practice law within the State of New York for at least
five years to serve as Legal Counsel to the Board of Water and Sewer
Commissioners. The appointment of Legal Counsel shall be subject to
confirmation by a majority of the appointed Commissioners in office.
The position shall be a civil service position with an exempt classification.
5.8.2 The salary of Legal Counsel shall cover all services except
in litigated matters, administrative proceedings and arbitration proceedings,
and the Board shall have the power to pay such additional compensation
for services in such matters as shall be just and reasonable.
5.8.3 Legal Counsel shall act as the legal advisor of the Board. He shall perform all legal activities required by the Board, including but not limited to negotiation and approval of contracts with industrial users, consultation regarding applicable federal, state, and local pollutant discharge regulations, and the enforcement of the terms of this Article, the City Charter, and Chapter 177 of the Code of the City of Glens Falls. He shall appear for and protect the rights and interests of the Board in all actions, suits, and proceedings brought by and against the Board. He shall perform such other professional services relating to the duties and responsibilities of the Board of Water and Sewer Commissioners as the Board may direct, and he shall prepare all legal papers, contracts, deeds and other instruments for the Board. He shall attend to all law business of the Board, and discharge such other duties that may be required in the operation of the Water and Sewer Department of the City.
5.8.4 Legal Counsel, when authorized by the Board, may employ
other counsel to assist him in the argument and conduct of cases and
proceedings in which the city is interested.
5.9.1 All moneys received by the Board of Water and Sewer Commissioners
shall be paid to the City Controller, who shall keep separate accounts
thereof to be known as the "Water and Sewer Fund" and "Sewage Treatment
Reconstruction Fund" (STR Fund), under which shall be charged and
credited all receipts and disbursements of the water and sewer system.
Such funds shall be under the control of the Board, and shall be paid
out by the City Controller upon orders issued by the Board and countersigned
by the Superintendent. The Board shall designate the depository for
the funds. [Amended 7-20-2000 by L.L. No. 5-2000]
5.9.2 The Board shall audit all accounts and claims against
the city chargeable to the Water and Sewer Fund and the STR Fund,
and shall regulate the form and manner in which accounts and claims
shall be made and presented. Fixed salaries, debt service, amounts
becoming due upon lawful contracts for periods exceeding one year,
and the compensation for services of employees or officers regularly
engaged by the city at agreed wages by the hour, day, week, month
or year may be paid without prior audit. No account or claim shall
be audited or allowed unless itemized and certified by an affidavit
of the claimant to the effect that the same is just and true, that
the service, money or materials therein mentioned have been actually
rendered, disbursed or furnished, and that no payment has been made
thereon except as therein specified, and that no offset exist thereto,
except such as are stated therein. The Board shall, upon the audit
by it of any account or claim, transmit to the Common Council an itemized
statement of such audit duly certified by the City Clerk.
5.9.3 The Board shall annually adopt a Schedule of Charges and Fees which applies a user charge on users of the water and/or sewer systems, and shall perform such other acts as it deems necessary and proper, all in accord with the terms of Article VI of Chapter 177 of the Code of the City of Glens Falls, so that the costs of the Board incurred pursuant to this Article of said Chapter 177 are paid in full in a timely manner.
5.10.1 It is recognized that portions of the sewage treatment
facility will wear out from time to time and need to be replaced.
As required by 40 CFR 35.929-1, user charges must provide adequate
funds for such replacement. Insofar as such reconstruction constitutes
more than normal maintenance, the Board will pay for such reconstruction
with moneys available from a "Reconstruction Fund". Items subject
to reconstruction rather than normal maintenance shall be those items,
the aggregate cost of which would cause the budget line items for
routine repair and reconstruction to be exceeded.
5.10.2 The reconstruction funds shall be an interest bearing
fund established solely for the purpose of providing moneys for such
reconstruction. The Board will transfer, as received, all payments
of surcharges to the reconstruction fund. Moneys may be withdrawn
from the reconstruction fund as needed to pay for reconstruction.
Operating costs paid for from the reconstruction fund shall not be
charged as operating costs for that period.
5.10.3 The Board shall annually prepare a schedule of all significant
components of the facility with estimated costs for reconstruction
of each component. The schedule, including costs estimates, shall
be updated annually.
5.10.4 The Board shall establish a percentage surcharge (the
"Operating Cost Surcharge") to all user charges such that, if such
percentage remained applicable from year to year, it would provide
sufficient funds for reconstruction as needed from the reconstruction
fund. The Board may use reasonable assumptions regarding anticipated
aggregate user charges, interest levels and inflation in establishing
the applicable percentage. The Board shall adjust the applicable percentage
at least annually as needed to maintain adequate funding of the reconstruction
fund.
The Board shall not lay any new mains, except in case of a break
therein, until it shall have first given to the Mayor at least five
days' written notice of its intention to do so. The Superintendent
of Public Works and the Superintendent of the Water and Sewer Department
shall then meet at the time and place stated in the notice to determine
where the mains shall be located under the streets or public places,
and the time within which the laying thereof may be commenced, which
time shall not exceed 60 days from the holding of such meeting; in
the event that the said Superintendents cannot agree, the questions
shall be referred to the Mayor, whose decision shall be final. The
Board shall repair any streets dug up in the course of laying such
mains or, by agreement with the Superintendent of Public Works, shall
reimburse the Department of Public Works for the repair of the same.
