[HISTORY: Adopted by the Board of Trustees
of the Village of Westfield 7-9-1996 by L.L. No. 7-1996.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided
for the repeal of former Ch. 45, Public Utilities, Board of, adopted
10-30-1995 by L.L. No. 4-1995.
This chapter shall be known as the "Village
of Westfield Public Works Law."
A.
Whenever used in this chapter, words used in the singular
include the plural and vice versa:
B.
BOARD
DEPARTMENT
DIRECTOR
As used in this chapter, the following terms shall
have the meanings indicated:
Board of Public Works.
The Village of Westfield Department of Public Works.
Director of the Department of Public Works, as Chief Executive
of said Department.
A.
There shall be in the Village of Westfield a Department
of Public Works. The principal executive officer and administrative
head of such department shall be the Director who shall be appointed
by the mayor subject to the approval of the Board of Trustees in the
exempt or noncompetitive classification as determined by civil service
for the term and at such salary as may from time to time be fixed
by said Board of Trustees. The Director shall be appointed on the
basis of his administrative experience and qualifications for the
duties of such office and such additional standards as may be required
by the Board of Trustees. The Director shall be the head of the Department
and shall have supervision of all supervisors and employees within
the Department. Such supervisory authority shall include the power
and authority to remove supervisors and employees under his jurisdiction
in accordance with civil service and other applicable laws. In addition,
the Director shall have the power and authority to appoint those new
supervisors and employees from names recommended by the Board of Trustees.
B.
Department divisions; funds.
(1)
Until such time as the same may be either amended
or modified, the Department shall be divided into the following divisions:
(2)
Separate funds and accounts shall be kept for the
water, sewer and electric utilities by the Village Treasurer as required
by the Uniform System of Accounts, the Department of Audit and Control
of the State of New York and other regulatory agencies. A separate
fund and account shall also be kept for the streets division by the
Village Treasurer as required by the Uniform System of Accounts and
the Department of Audit and Control of the State of New York. Each
division may be operated with some independence of the others, except
insofar as the Director shall determine joint operations to be advisable
and economical. Expenses incurred in joint operations shall be equitably
prorated among the divisions by the Director after consultation with
the Village Treasurer or his Deputy.
[Amended 6-23-2014 by L.L. No. 3-2014]
A.
Pursuant to Village Law § 3-308, there is hereby created
a Board of Public Works which shall advise and assist the Director
and the Board of Trustees in the operations of the electric, water
and sewer utility systems of the Village.
B.
Number of Commissioners. The BPW shall consist of seven members of
whom one shall be a member of the Board of Trustees, which member
shall be appointed at the organizational meeting by the Mayor and
serve a one-year term.
C.
Appointment and tenure. The members shall be appointed by the Mayor,
subject to the approval of the Board of Trustees, for terms which
shall be so fixed that one shall expire each official year for the
following six years, and one per year thereafter, as provided by the
Village Law, unless they shall resign or be removed from office as
provided in the Public Officers Law of the State of New York.
D.
Vacancies. Vacancies shall be filled by the Mayor, as provided in
the Village Law of the State of New York, for the unexpired term.
No vacancy in the BPW shall impair the right of the remaining BPW
membership to exercise all the powers of the BPW.
E.
Qualifications. Pursuant to Village Law § 3-300, Subdivision
2, resident electors of the Town of Westfield or Village of Westfield
shall be eligible for appointment to the BPW, except that not more
than two members shall reside in the Town of Westfield outside of
the Village of Westfield. A member ceasing to possess any of these
qualifications shall vacate his office as prescribed by the Village
Law and Public Officers Law of the State of New York.
A.
Policy. The Board shall be an advisory board and may
recommend policies to assist the Director and the Board of Trustees
in governing its assigned responsibilities for utility management
in conformance with the Village Law of the State of New York, the
Code of the Village of Westfield, regulatory agency regulations and
industry standards.
B.
Clerk. The Village Clerk shall be the Clerk of the
Board of Public Works.
C.
Budget and rate structures. The Board may advise and
assist the Director and the Village Treasurer in establishing an annual
budget setting forth the expenditures and expected revenue, including
rate structures, for the separate accounts to be maintained for the
water, sewer and electric divisions in accordance with the laws of
the State of New York, Code of the Village of Westfield, regulatory
agency regulations and industry standards.
D.
Other issues. The Board may also assist and advise
the Director and the Board of Trustees in other matters that come
before it regarding the general operations and maintenance of the
utilities as requested from time to time by the Director or the Board
of Trustees.
A.
The powers and duties of the divisions of the DPW
shall be established by and be under the administration, direction
and control of the Director, subject to the approval of the Board
of Trustees.
B.
The Director may, with the approval of the Board of
Trustees, establish, consolidate or abolish any divisions now existing
or hereafter created in said Department.
C.
The Director is hereby authorized and empowered, subject
to the prior approval of the Board of Trustees, except that such prior
approval will not be required in cases of emergency, to retain and
employ private engineers, architects and consultants or firms practicing
such profession for the purposes of:
(1)
Preparing designs, plans and estimates of structures
or projects of any type and character.
(2)
Rendering assistance and advice in connection with
any project, whether defined or proposed and under the supervision
of the Department of Public Works.
(3)
Performing such other and necessary services as the
Director may deem necessary in the normal administration of the Department.
D.
Sale of services, construction, contracts and real
estate. The Director, in the efficient and economical operation of
the Department, both inside and outside the Village limits, may, subject
to the approval of the Board of Trustees and any restrictions and
limitations imposed on the Village by the Laws of the State of New
York, sell its products and services to public and private corporations
and to other consumers; and construct plants, transmission lines and
pipelines and other facilities. Contracts, leases and agreements as
well as the purchase or sale of real estate and franchises must be
approved by the Village Board of Trustees.
E.
Extensions of services. The Director, with the assistance
of the Board of Public Works, may recommend to the Board of Trustees
regulations or policies governing extensions of services both inside
and outside the Village limits.
F.
Joint operations with others. The Director, subject
to the approval of the Board of Trustees, may enter into contracts
and agreements with any public or private corporation or any individual,
both inside and outside the boundaries of the Village and state, for
the joint use of property belonging either to the Department or to
the other contracting party or jointly to both parties. Pursuant to
the provisions of the Local Finance Law of the State of New York,
the Department may enter into contracts and agreements for the joint
acquisition of personal property and the joint financing, construction
and operation of plants, buildings, transmission lines and other facilities
subject to the approval of the Village Board of Trustees.
G.
Use of thoroughfares for utility installations. The
Department may use the ground over, under or along any Village-owned
street or right-of-way but shall, in all cases and subject to applicable
general regulations of the Village, cause the surface of the public
way to be restored to its usual condition.
H.
Rates. The Director after review and consultation
with the Village Treasurer or his Deputy, shall recommend rates to
be charged for electricity, water and sewer utilities sold and services
rendered for review and approval by the Board of Trustees. Rates shall
be fair, reasonable and compensatory and shall be uniform for all
consumers within the same class; but different rate schedules may
be applied to different classes of consumers as determined by the
Board of Trustees. Rates charged for sewer use shall be consistent
with Environmental Protection Agency rules, regulations and the provisions
of any grants made to the Village. Rates for electric shall be consistent
with rules and regulations of the Power Authority of the State of
New York and/or the Public Service Commission, whichever shall be
appropriate. Rates within the Village limits may be less but shall
be no greater than for the same class of consumers outside the Village
limits. Rates shall be sufficient to pay all operating and maintenance
expenses of each respective utility operation and all capital costs
of the respective utility operations. Rates shall also be sufficient
to provide an annual contribution-in-lieu-of-taxes from the Electric,
Water and Sewer Departments to the general fund of the Village, as
required by the Village Trustees. The DPW may require reasonable deposits
as security for the payment of charges for utility services and may
provide for the return of the deposits when satisfactory consumer
credit has been established in accordance with limitations imposed
by the New York State Law and Regulations of the New York Power Authority
and/or Public Service Commission, if appropriate. A public hearing
will be held for all rate increases in accordance with Article 21
of the Village Law of the State of New York.
I.
Bond issues. The Director may recommend to the Board
of Trustees that it may fund projects either by using current funds
or by financing them through the issuance of general obligation bonds
or notes.
J.
Public information expenditures. The Director, subject
to the approval of the Board of Trustees, may authorize reasonable
expenditures to acquaint the public with the operations, programs
and plans of the DPW and to encourage conservation.
K.
Investment of surplus funds. The Director, subject
to the approval of the Board of Trustees and through the Village Treasurer
or his Deputy, may invest Department surplus funds, if any, only in
the same manner as the Village Treasurer is authorized to invest other
public funds.
L.
Accounting and budget reports. The Director, upon
consultation with the Village Treasurer or his Deputy, in addition
to the reports and accounting it may otherwise be required by law
to make, shall furnish the Board of Trustees its annual financial
report which shall include a balance sheet and a statement of operations
showing the financial condition of each separate division prepared
according to generally accepted public utility accounting principles.
The funds and accounts of the Department shall be audited annually
by an outside accountant with municipal utility expertise and shall
be open to public inspection. The Director, after consultation with
the Village Treasurer or his Deputy, shall also annually prepare a
budget estimate for the ensuing year and furnish a copy to the Mayor
and Board of Trustees.
Nothing herein shall be construed to delegate
or transfer any power of the mayor or Board of Trustees contained
in the Village Law of the State of New York or any other statutory
or constitutional authority other than that authority that is specifically
delegated herein.
All the properties (real, personal and mixed),
leases, easements, licenses and interests of every kind, rights, privileges,
powers and franchises and any other assets held or claimed by the
Board of Public Utilities shall become the property of and be held
by the Village of Westfield Board of Trustees. The Village of Westfield
Board of Trustees shall assume all liabilities, contractual obligations
and rights of creditors of the Board of Public Utilities.
