TOWN OF HENDERSON END OF YEAR
TOWN BOARD MEETING
12105 TOWN BARN ROAD
DECEMBER 27, 2007 AT 6:00 PM
Town Board: Supervisor, Frank Ross, Councils: Donald Gould, David Perry, Bruce Balch , Julie West
____________________________________________________________________
DRAFT
ATTENDANCE: Absent: Bruce Balch
CALL TO ORDER and PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES, ABSTRACTS, SUPERVISORS REPORTS, TRANSFERS
Bookkeeper, Jim Yuhas, explained the need for the following transfers.
MOTION by Supervisor Ross, second by Council West, accepts the end of the year transfers as follows
Voting Yes: Supervisor Ross, Deputy West, Council Perry
ACCOUNT NAME ACCOUNT NO. TO FROM
Justice - Contractual A-1110.4 $ 1,800
Accountant - Contractual A1310.4 200
Vital Statistics - Contractual A4020.4 600
Transfer Site - Wages A 8160-1 10,000
Transfer Site - Equipment A8160-2 11,016
Social Security A9030.8 1,400
Justice Equipment A1110.2 $ 1,700
Parks Equipment A7110.2 17,000
Parks Salary A7110.1 4,316
Medical A9060.8 2,000
To Record Budget Transfers for General Fund
ACCOUNT NAME ACCOUNT NO. TO FROM
Snow Removal - Salary DA5142.1 $10,000
Road Improvements - Contractual DA5112.2 10,000
Roads DA5110.1 $20,000
To Record Budget Transfers for Highway Fund
ACCOUNT NAME ACCOUNT NO. TO FROM
Water Dues F1920.4 $20
WaterAdmin - Contractual F8310.4 3,980
Insurance F1910.4 $2,000
Water Admin - Salary F8310.1 2,000
To Record Budget Transfers for Water District #1 Fund
Councilman Donald Gould arrived at 6:08
MOTION by Supervisor Ross, second by Council Perry, approves the payment of Abstract #13 dated December 27, 2007 for vouchers 736 through 767 in the amount of$29,317.00.
Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
MOTION by Supervisor Ross, second by Council Perry, accepts the December 13, 2007 Town Board Minutes.
Voting Yes: Supervisor Ross, Council Perry, Council Gould
Abstain: Julie West (was not in attendance at the December 13th meeting, nor was she on the council at that time.)
DEPARTMENT REPORT
Monthly and/or End of the Year Reports have been received and filed from the Town Clerk, Town Justices and ZEO and the Highway Superintendent.
The Judges Yearly Books were presented and discussed. Judge Moshier stated the Court Clerk, Trisha Fee, would prepare further information at the January 3, 2008 meeting.
RESOLUTION 2007-12-27-127 (TOWN CLERK) by Supervisor Ross, second by Council Perry, accepts the December 2007 monthly report and the 2007 End of the Year Report presented by Town Clerk, Charlotte Richmond, both of which contain the monies collected by her for the General Fund (DEC, Dogs, Vital Statistics, Marriage Licenses, Recycling Tickets and C & D, FOIL, Faxes, Personal Copies, ZEO Permits, Planning Board and ZBA Applications, Mooring Fees, etc) and Water District #1.
Roll Call Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
Highway Dept.: Harold Nelson asked the Board to extend the weeks of work for Tom Waters since Ron Fargo was still on sick leave.
RESOLUTION 2007-27-128 (HIGHWAY/EMPLOYEES) by Supervisor Ross, second by Council Perry, that the Town Board recognize that Ron Fargo is still on sick leave and therefore extends the employment of Tom Waters as a laborer/wingman until January 28, 2008, with a pay scale of $10.50 per hour for forty hours per week, with no benefits, noting that after this extension he will return to a part time as needed employee.
Roll Call Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
Building Committee: Jerry Tackley thanked the Town Board and stated he hoped the next Town Board would proceed with the plans for a new building.
OLD BUSINESS:
The Fuel Bid opened on December 13 was discussed again. The Town is presently paying $2.22 for propane from Ferrelgas, and the new bid from Griffith was fixed at $2.10. Consideration, however, must be given to the cost of pumping out and changing tanks each time a supplier is changed. Also discussed was the possibility of the Town purchasing their own propane tank and whether or not that would be permitted by fuel companies. Highway Superintendent, Harold Nelson, will do some more research and report to the Board.
The Water District #1 Rules and Regulations were discussed. The question was asked by Julie West, as to whether the raise was really necessary. Jim Yuhas stated that all though the District should be back in the black by the end of the year, things like a recent break near Alden LaGray's house, with an expense of nearly $600 (in this month's abstract), raising fuel and chemicals cost, and the fact the lines would need "pigging" again next year, were all expenses that needed to be covered. Jim Yuhas felt that a "comfortable reserve" would be at the pleasure of the Town Board, as he reminded them that the coin meter fund was way up this year because of the draught, but that wasn't a dependable source of income.
RESOLUTION 2007-12-27-129 (WATER DISTRICT #1 RULES & REGULATIONS) by Supervisor Ross, second by Council West, amends the Water District #1 Rules and Regulations, "last amended December 27, 2007", which includes, but is not limited to, changes in No 15, Meters; No 16, Testing and Repair of Meters; No. 20, Schedule of Charges; and No. 22, Fire Prevention Services, which will become effective Beginning March 15, 2008, when the meters are again read, and directs the Water District #1 Clerk to mail a copy of the new Rules and Regulations to each Water District #1 resident. The amended Rules are listed below ..
Roll Call Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
TOWN OF HENDERSON
Water District #1 RULES AND REGULATIONS
AMENDMENTS ADOPTED - DECEMBER 27, 2007
1. Establishment of Rules, Definitions
The following rules and regulations are established by the Town Board of the Town of Henderson and every person who shall be supplied or whose property shall be supplied automatically accepts said rules and the same shall constitute a part of the contract between such persons and the Town. The word "consumer" shall be used in these rules and regulations. It shall mean the owner of the property.
2. Issuance of Bills: Quarterly collection
Water bills shall be issued quarterly. Water bills shall be addressed to the tax billing address for the parcel.
3. Current Water and Connection Charges
Water and connection charges may be changed by resolution passed by the Town Board of the Town of Henderson. All obligations of any nature due the water district which remain unpaid as of October 1 of each year may be charged by the Town as special assessments and collected as the same.
4. Permits/Request for New Service
Application for new water service from the street main to the curb stop (where the shut-off valve will be located) must be submitted forty-eight (48) hours prior to commencing work.
5. Taps
A separate tap in to the main is to be required for each lot supplied with water. The tap is the responsibility of the consumer and all costs will be borne by the consumer. District will only oversee and inspect the tap process. Tapping can only be done by an experienced contractor, which shall be verified by District.
6. Cost of Installation
The cost of new installations will be paid entirely by the owner. For the Year, 2004, estimated cost of a meter and a touchpad, which must be purchased from the Town of Henderson and which will be billed on the first water bill, will be $200.00. This cost may change without prior notification, but will be the same cost incurred by the Town of Henderson when such items are purchased.
7. Pipe Specifications
The pipe from the curb stop to the consumer meter shall be 3/4" Type K copper, 1" plastic, or other approved material with compression fittings. The Town Board may hereafter revise such pipe specifications.
8. Laying of Service Pipes & Notification to the District
Service pipes shall be laid not less than sixty (60") inches below the surface of the earth unless equivalent frost protection is provided which is acceptable to the District. This applies to the established grade where it has been fixed. No trench shall be backfilled in any manner before a representative of the District makes inspection for leaks and clearances.
9. Trench Openings and Backfilling
The trench opening by the owner or contractor for tappings on to the service for shutoff for the installation of the water line shall be of sufficient size and have the proper safety precaution to accommodate the work to be accomplished. The owner or contractor shall make alterations to the opening as instructed by the District representative. The backfilling of the trench shall be made by the owner or the contractor. The material used shall be sand in the immediate area around the pipe to a depth of one (1) foot. The remainder of the trench will be bank-run gravel or sand, tamped every six (6) inches until the trench is backfilled to original grade.
10. Maintenance of Service Pipes
The owner of the property into which water is supplied shall at said owner's cost maintain in good working order and condition, the service pipe from the curb stop to the building. Failure to make necessary repairs after written notice by the Town Board may result in the water being turned off until such time that satisfactory repairs are made by the owner. The District will maintain of the service pipe from the main to the curb stop.
The entire "outside piping" is owned by Water District 1. The owner is not responsible for the service pipe from the curb stop to the building. The owner is only responsible for what is inside his/her building, unless the owner installed the line himself such as an outside user or one who joined the water district after the initial hookups. This contradicts itself, and #29 which says No person or entity shall idg up, repair or attempt to repair any waterline at any time. (needs to be fixed.)
11. Backflow Preventers
Where required by the New York State Department of Health Sanitary Code, Part 5, or local ordinance, a backflow preventer of a suitable type that is currently approved by the Health Department must be installed.
A. Well Separation Inspection: Should the records indicate that at the time of connection to the public water supply a choice is made to retain the existing well on a property, the NYS Department of Health requires an inspection of the operation of both water supplies which is required to verify that the well is still in operation and remains separate from the public water supply. An inactive well must be abandoned per NYS Department of Health regulations. There is no charge for the first inspection and a fee of $40 is due for each subsequent inspection. If there is maintenance of an active well, an access easement shall be granted by owner to the District to permit entrance to inspect the well and to make future owners aware of the easement associated with a private well. New York State Sanitary Code, Part 5 ensures the safety of public water through the enforcement of the said code. An inspection shall occur every three (3) years or more often as may be required. An inspection shall also occur whenever ownership of such premises changes.
12. Cross-connection Control
No consumer is allowed any cross-connection from any other source of water under the rules and regulations, Part 5, of the NYS Department of Health. When such cross-connections are found, the water from the district water system shall be turned off immediately to prevent contamination of the district water system. The consumer shall be requested to provide a cross-connection control device as required by District upon discovery.
13. Operation of Curb Stop Water Shutoff
No curb stop shall be operated by anyone other than a representative of the District.
14. Operation of Fire Hydrants
No fire hydrant shall be operated by anyone other than a representative of the District. The fire department may however, use the hydrants for the purpose of fighting fires, announced fire fighter training exercises, or to assist the District.
15. Meters
A. All water services except those used exclusively for fire purposes shall be metered. Meters shall be obtained from the District and all repairs and testing must be made by the District.
B. All residential and commercial water meters at the time of initial construction of the water system, shall be provided by and maintained by the District at no cost to the consumer. Damage to the meter not caused by the District is the responsibility of the owner, including all cost for its removal, repair, testing and replacement.
C. Meters shall be as specified by the District. The consumer is responsible for the costs of any meters required after the initial construction of the system.
D. Meters removed for seasonal purposes will be billed at a minimal of $45.00 per hour at the time of removal, and charge shall however include both the time incurred for the removal and re-connection process. Additional charges may also be incurred which may be, but not limited to: requested turn on and/or turn off at curb or in home; service, repair and/or replacement of meters and/or parts; and inspections necessary for new and/or old installations.
16. Testing and Repair of Meters
The District shall conduct periodic tests on all meters so as to maintain the meter in proper working condition. The District will pay all costs for routine testing, maintenance, repairs and replacements. The District will have all meters larger than two (2) inches in size tested every four (4) years or as needed.
17. Location of Meters
All water meters shall be placed in an accessible part of the building or basement so that they may be read or removed. When placed in a pit such a pit shall comply with specifications established by the District. Just inside of the basement or pit wall into which the service pipe extends, a shutoff valve shall be placed ahead of the meter. On all water meters two (2) inches and larger, a backflow preventer shall be installed when connecting equipment to a building which has a potential of back feeding contaminants into the system as determined under the District specifications. (All new, repaired, or replaced services, two inches (2") or larger shall have a Department of Health approved backflow prevention device after the water meters.) All water meters shall be in a heated environment or removed annually to eliminate freezing.
18. Breaking of Seals
All water meters, when set, shall be sealed to prevent tampering. No person other than an authorized employee of the District shall break such seals or remove said meter.
19. Inspections
Any employee of the District, upon proper identification, shall have the right to enter any premises where municipal water is being supplied for the purpose of inspecting, installing, removing or reading a meter, plumbing and fixtures of the water service and all work in connection with the service.
20. Schedule of Charges
In addition to any and all other fees and charges, every person who shall be supplied or whose property shall be supplied water by the District shall pay water rent for the water supplied. The rents shall be as follows:
A. Inside District Rates ...
Beginning March 15, 2008
1) Metered services
$120.00 quarterly flat rate for 0-12,500 gallons of water
$5.00/1000 gallons of water used over 12,500 gallons quarterly
2) Unmetered parcels
$90.00 quarterly flat rate for residential parcels
$23.00 quarterly flat rate for undeveloped parcels
Beginning March 15, 2009
1) Metered services
$125.00 quarterly flat rate for 0-12,500 gallons of water
$5.00/1000 gallons of water used over 12,500 gallons quarterly
2) Unmetered parcels
$92.00 quarterly flat rate for residential parcels
$24.00 quarterly flat rate for undeveloped parcels
B. Outside District rates shall be the same as Inside District Rates.
C. The District rates may be changed by resolution of the Town Board.
D. Water bills which remain unpaid for thirty (30) days after the billing date shall have an additional 10% interest charge assessed on the balance due for the current quarter. Bills that remain unpaid as of October 1 of each year may be charged by the Town as special assessments and collected as same.
E. Where meters are removed and service terminated at request of owner, no re-installation of meter and/or restoration of service shall be made until all unpaid water bills or charges which have not been levied as a special assessment pursuant to Sub-section (D) above, have been paid in full to the Town."
21. Liability
In the event of an emergency, including but not limited to breaks in a water main, the District shall not be liable for any damages which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where notification is not given.
22. Fire Prevention Services (Sprinkler Systems)
Where on-premises fire prevention services are permitted, the entire cost of materials, installation and maintenance of the service from the main to the premises and within the limits of the premises shall be borne by the consumer. The consumer shall pay a connection charge as listed. Failure to make proper repairs of the system, after due notice, shall result in the water service being turned off. When the consumer desires to make flow tests or to make repairs to the fire service system, except in emergencies, the consumer or the representative of the consumer shall give the District forty-eight (48) hours advance notice before commencing such testing or repairs. The connection charges per billing shall be as adopted by the Town Board from time to time:
A. SCHEDULE OF QUARTERLY FEES FOR SPRINKLER SYSTEMS
Size of System (by inches)
1 1/2 and 2 ........................ $ 6.00
4 ......................................... $11.00
6 ........................................ $16.00
8 ......................................... $21.00
10 ......................................... $26.00
B. SPRINKLER SYSTEM MALFUNCTIONS
Any time a malfunction occurs in a sprinkler system, and any Town of Henderson Water District #1 employee has to be on premises for turn off/turn on, repairs, replacements, etc., the owner shall be billed at the rate of $45.00 per hour for any and all services as well as the cost of any and all parts required to fix the system.
C. SPRINKLER SYSTEM WATER USAGE
When a sprinkler system malfunctions, and unmetered water is discharged, the Water District Operator will provide the Water Clerk with an "estimated usage figure" which will determine the fee to be charged the customer based on a cost of $5.00 per 1,000 gallons of water consumed.
23. Abandonment of Services
When a building is torn down and water service is no longer required, the owner of the property shall contact the District to terminate the water service.
24. Estimated Use
If a meter fails to accurately record the amount of water used, or the meter cannot be read, the consumer shall be charged at the average daily consumption of the last 4 quarters.
25. Responsibility For Water Rents
The owner of any premises which is supplied with water shall be liable for charges of the water used or other expenses in connection with such water service as provided herein. When there are two (2) or more tenants occupying a property equipped with only one (1) meter, the water rent shall be billed and collected directly from the property owner and in no case from the tenant.
26. Buildings With Multiple Meters
In any building with multiple meters, there shall be a main water shutoff just inside the wall and individual shutoffs for each meter in the building. It shall be the responsibility of the owner to provide the readings if the meters are not accessible.
27. Penalties For Offenses
Any persons or person, firm or corporation violating any of the provisions of these rules, regulations and ordinances hereby enacted shall, upon conviction, be fined a minimum of twenty-five dollars ($25) and a maximum of two hundred fifty dollars ($250) or imprisoned in the county jail for not more than fifteen (15) days, or be both so fined and imprisoned. These rules and regulations and any ordinances pertaining thereto may also be enforced by injunction or by any other remedy permitted by law.
28: Enlargement of Service
When an owner or tenant requires more water than the existing water pipe can deliver the property owner shall pay the cost of the enlargement, modification or replacement of said waterline from the water main to the building
29: Repair and Maintenance of Lines
No person or entity, other than Water District #1 authorized personnel, shall attempt to dig up or repair any waterline at any time.
30: Filling of Swimming Pools
No swimming pools shall be filled from any hydrant within the water district.
31: Water Shortage Measures
In the event of a major break in a water main or drought condition that depletes the district water levels, the Town of Henderson Town Board may in its discretion order a declaration of water conservation. The Town Board shall establish times for restrictions on the use of water and may among other restrictions prohibit the use of water to wash cars, driveways, homes or to water gardens, shrubs, and flowers or restrict the filling of swimming pools, etc. The Town may for proper cause issue a "boil water" advisory through the media which "boil water" advisory may stay in effect until such time as the County/State Department of Health has declared the water safe to use.
32: EDU's
Single Family Homes (129) 129.00 EDU's @ 1.00 per
Duplex Dwellings (2) 4.00 EDU's @ 2.00 per
Church (1) & Post Office (2) 3.00 EDU's @ 1.00 per
Vacant Lots (37) 9.25 EDU's @ .25 per
Historical Society 1.00
M & M Garage 1.00
Harbor Inn 4.50
Captains Cove Motel 2.00
Harbor View Housing 12.00
Community Bldg./Library 2.00
Henderson Hotel 4.00
Henderson Liquor Store 1.00 - Assembled with Hotel in January, 2004
Rydolph's Restaurant 3.50
Sunset Motel 2.00
Ryan's 3.50
Charter House 5.50
Town Barn/Office 3.00
West View Lodge 4.00
West View Marina/Home 1.50
Henderson Store 2.00
Henchen's Marina/Bait/Cabins 2.00
Total 199.75
(Ref: September 2003 Town Board Minutes)
33: EDU MODIFICATIONS
Any business shut off from December 15 until March 15 of any given year will be billed at the rate of one (1) EDU for that quarterly billing and reinstated to full EDU's in the Spring. (Ref: January 2005 Town Board Minutes)
34: LEASE AGREEMENTS
Since Parcel #98.17-1-34.4 was donated by Edna Verrilli for the purpose of the location of a water tower for Water District #1, and since the Town of Henderson has now contracted with Cingular to put an antenna on the water tower located on parcel #98.17-1-34.4, it is therefore determined by the Town Board of the Town of Henderson that all money received from Cingular in payment of this lease, or any future leases, be dedicated solely to the operation of Water District #1. (Ref: December 2005 Town Board Minutes)
The ZEO position requirements were again discussed.
RESOLUTION 2007-12-27-30 (ZEO/POSITION REQUIREMENTS by Council Gould, second by Supervisor Ross, to accept the ZEO POSITION REQUIREMENTS as amended, changing paragraph 4 to read "The Town of Henderson will provide the ZEO with a Computer Software Program" as well as changing the one month learning process to a 3 months learning process and changing item #5. The amended copy appears below
Roll Call Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
TOWN OFHENDERSON ZEO POSITION REQUIREMENTS
Whereas the Zoning Enforcement Officer (ZEO) of the Town of Henderson issues Zoning Permits and Certificates of Compliance, and
Whereas the ZEO is charged with enforcing the following Chapters of the Code of the Town of Henderson: §66 - 911 Law; §76 - Buildings, Unsafe; §94 - Flood Damage Prevention; §103 - Junk, Junk Yards and Junk Vehicles; §150 - Zoning Law; and any other Chapters of the Town of Henderson Codification specifying the ZEO as enforcement officer, and
Whereas the ZEO must handle correspondence relating to enforcement and complaints, and
The Town of Henderson will provide the ZEO with a computer software program.
Whereas ready access to the Town Assessor's records is invaluable in determining proper ownership of property, existing structures on a given lot, and ready access to deeds, and
Whereas there are currently no statutory requirements for being appointed to the office of Zoning Enforcement Officer,
Whereas the Town Board appoints the ZEO shortly after the beginning of the year for a term ending December 31 of that year, and
Whereas the retiring ZEO has no knowledge of the identity of the succeeding ZEO, unless reappointed, and thus cannot assist the succeeding ZEO in assuming his/her new duties,
Now therefore be it resolved that:
1) A candidate for the office of Zoning Enforcement Officer shall have already met or agreed to acquire the following minimum prerequisites before he may be appointed to that office:
a) The candidate shall be of voting age and shall reside in the Town of Henderson.
b) The candidate shall have at least a high school diploma or GED.
c) The candidate shall have at least the computer skills needed to utilize the above-mentioned software programs or functionally comparable programs in the performance of his/her duties.
2) If a candidate for the office of Zoning Enforcement Officer does not have the required skills at the time of appointment, he/she must satisfactorily acquire such skills within three (3) months of appointment or the appointment shall be terminated.
3) The ZEO must work out of the Town Office and conduct posted office hours to serve the public at least 3 hours per day and at least 2 days per week as approved by the Town Board.
4) The ZEO must attend at least 4 hours per year of approved continuing education related to performance of duties.
5) The Town Board shall select a candidate by November 1 for the annual appointment of the ZEO to be made by December 31 for a term ending the following December 31.
NEW BUSINESS:
COMMUNICATIONS/LETTERS:
Letters had been received from Gary Rhodes on the same day as the meeting, thus no one had a chance to read them. If there is any discussion on these letters, it will be done at the next meeting.
PUBLIC COMMENTS:
Fred Caswell, representing the Historical Society, asked for a copy of the Grant written by Julie West, Recreation Commission, in regards to the walking trail. Council Julie West will provide this to Fred. He also questioned the water leak across the road from Alden LaGray's and whether it might have been caused by the equipment used to construct the walking trail. Council West thanked him for his concern.
ANNOUNCEMENTS:
Reorganizational Meeting - January 3, 2008 at 7:00PM
EXECUTIVE SESSION:
Motion by Council Gould, second by Supervisor Ross, to enter executive session to discuss the Highway Department and Sanitation and Water District #1 Employee Contracts. Town Board Members Elect, Carol Hall and Ray Walker were invited into the session.
Before entering this session, Gary Mack, the gentlemen appointed by the Supervisor Elect to be his Bookkeeper, was present and introduced himself to the Board.
Motion by Council Gould, second by Council Perry, to exit executive session
RESOLUTION 2007-12-27-31 (EMPLOYEE CONTRACT) by Council Perry, second by Council Gould, accepts the Highway Department Teamsters Union Contract as well as the Sanitation Department and Water District #1 Department Contract for the Years 2008-2010 and directs Town Supervisor, Frank W. Ross, to sign such contracts on behalf of the Town Board of the Town of Henderson.
Roll Call Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
ADJOURNMENT
Motion by Council Gould, second by Council Perry, to adjourn.
Voting Yes: Supervisor Ross, Deputy West, Council Perry, Council Gould
Respectfully Submitted
Charlotte R. Richmond/RMC
