Article 9 - Miscellaneous | Westchester Joint Water Works

Section 1.

No claim shall be made against the Water Works for any damages arising from the bursting or breaking of any main or service pipe or any attachment thereto, wherever situated, or from the failure or diminution of the water supply, whatever the cause thereof may be.

Section 2. (Revised 7/27/2021)

The Board of Trustees of the Westchester Joint Water Works (“WJWW”) reserves the right by conduct as required for official business of the corporation (i) to change, amend and alter these rules and regulations by action of the Board to reflect updated obligations, processes for increased efficiencies and standards of operations and otherwise to meet the obligations of the corporation; and (ii) to maintain a schedule of, and change from time to time, the rates, fees and other charges related to fire hydrants, fire services and wholesale customers (which may be accessed on the WJWW website www.wjww.com by clicking the navigation button for “Water Rates / Fees” or upon the submission of a Freedom of Information request); and (iii) to shut off the supply of water for emergency purposes or for the purpose of making repairs to the system; and (iv) to stop or restrict the use of water whenever it may be deemed necessary upon good cause shown

The rates cited in the previous paragraph do not include rates directly related to the metered water sold on a retail basis to properties within WJWW’s member districts and any related outside districts. These water rates are periodically proposed by the WJWW to its member municipalities and the legislative boards of those member municipalities are responsible for setting rates for their respective communities.

WJWW shall not be liable under any circumstances for any deficiency or failure of the water supply due to any cause whatsoever. WJWW shall not be responsible for fluctuations in the pressure of the water supply or for damage or inconvenience caused by high or increased pressure. Each consumer shall be solely responsible to regulate the water pressure within the premises served by the system when such pressure exceeds sixty (60) pounds per square inch by the use of an approved pressure regulating device.

Section 3.

The Water Works will prosecute to the full extent of the law any person who will maliciously destroy or injure any property of the Water Works, or who will maliciously commit any act which shall injuriously affect or tend to affect the supply of water.

Section 4.

Any person who willfully, with intent to injure or defraud, makes a connection by pipe or otherwise to a water main of the Water Works for the purpose of receiving water without passing through a meter provided for the registering thereof, shall be prosecuted to the full extent of the law.

Section 5.

The Water Works may shut off the supply of water for any deliberate violation of these rules and regulations.

Section 6.

No fixtures or devices producing water hammer or using a booster pump shall be permitted unless proper safeguarding apparatus approved by the Water Works is installed.

Section 7.

In connection with the transmission, metering and use of water, the Water Works may require the consumer to conform to such additional requirements and regulations, as may be determined to be necessary for the protection of the Water Works, other consumers, or for public health or safety under the particular circumstances of any case, or situation.

Section 8. (Approved 6/28/2022)

Written Procedures for Remote Attendance by Trustees at Meetings of the Board Pursuant to Open Meetings Law § 103-a

In compliance with NYS Public Officers Law, Article 7 (“Open Meetings Law” or “OML”) Section 103-a(2)(a), on June 28, 2022, following a duly noticed public hearing and upon action taken by resolution, the Board of Trustees of the Westchester Joint Water Works (“WJWW”) authorized its members to use videoconferencing for remote attendance at meetings of the Board.

The following procedures are hereby established to satisfy the requirement of OML Section 103-a(2)(b) that any public body which in its discretion wishes to permit its members “under extraordinary circumstances” to participate in meetings by videoconferencing from private locations must establish written procedures governing such attendance.

- Each Trustee of the Westchester Water Works (“Trustee”) shall be physically present at any meeting of the WJWW Board of Trustees unless such Trustee is unable to be physically present at one of any designated open meeting locations due to extraordinary circumstances.

- For purposes of these procedures, the term “extraordinary circumstances” includes any significant, unexpected or unforeseen circumstance, event or factor which precludes the Trustee’s physical attendance at such meeting, including, but not limited to, disability, illness, caregiving responsibilities, obligations of Trustee’s elected office or work emergency, public emergency, natural disaster, accident, vehicular malfunction or travel delay.

- If a Trustee is unable to be physically present at one of any designated open meeting locations and wishes to participate by videoconferencing from a private location due to extraordinary circumstances, the Trustee must notify the WJWW Business Manager and/or the Secretary to the WJWW Board of Trustees and self-certify the existence of a qualifying extraordinary circumstance no later than four (4) business days prior to the scheduled meeting to ensure that OML-compliant notice is provided to the public. If extraordinary circumstances present themselves to a Trustee on an emergent basis less than four (4) days prior to a meeting, upon receipt of the Trustee’s notification (self-certification), WJWW shall provide for an OML-compliant meeting notice as soon as practicable. If WJWW is unable to provide an OML-compliant notice of the meeting, WJWW may reschedule the meeting.

- If there is a quorum of the Board of Trustees participating at a single physical location or at a combination of physical locations, with each location being open to the public, the WJWW Board of Trustees may properly convene a meeting. A Trustee who is participating from a remote location that is not open to the public shall not count toward a quorum of the WJWW Board of Trustees but may participate and vote if there is a quorum of members physically present at the location(s) open to the public.-

- Except in the case of executive sessions conducted pursuant to OML Section 105, the WJWW Board of Trustees shall ensure that its members can be heard, seen, and identified while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon by and reasonable method, such as verbal introductions or through the use of placards physically placed in front of the Trustees, and for a Trustee participating by videoconferencing from private locations due to extraordinary circumstances, such Trustee must ensure that their full first and last name appears on their videoconferencing screen or on a placard placed conspicuously within view of the camera in front of the Trustee.

- The minutes of the WJWW Board of Trustee meetings involving videoconferencing based on extraordinary circumstances pursuant to OML Section 103-a shall include which, if any, Trustee participated by videoconferencing from a private location due to such extraordinary circumstances.

- Public notice for a meeting of the WJWW Board of Trustees shall inform the public: (i) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or made available, and (iv) the physical location(s) for the meeting where the public can attend.

- Each open portion of any Board of Trustees meeting conducted using extraordinary circumstances videoconferencing shall be recorded and such recordings shall be posted or linked on the WJWW website within five business days following the meeting . Such recordings shall remain available for a minimum of five (5) years after posting thereafter. Such recordings shall be transcribed only upon request.

- If WJWW Trustees are authorized to participate by videoconferencing from a private location due to extraordinary circumstances, WJWW shall provide the opportunity for members of the public to view such meeting by video, and to participate in proceedings by videoconference in real time where public comment or participation is authorized. WJWW shall ensure that where extraordinary circumstances videoconferencing is used, it authorizes the same public participation or testimony as in person participation or testimony.

- Meetings of the WJWW Board of Trustees conducted using extraordinary circumstances videoconferencing pursuant to the provisions of OML Section 103-a shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this guideline, “disability” shall have the meaning defined in NYS Executive Law Section 292.

- The in-person participation requirements of OML Section 103-a(2)(c) shall not apply during any period of state disaster emergency declared by the Governor pursuant to Executive Law Section 28 or a local state of emergency proclaimed by the chief executive of a county, city, village or town pursuant to Section 24 of the Executive Law if the WJWW Board of Trustees determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the WJWW Board of Trustees to hold an in-person meeting.

- These procedures shall be conspicuously posted on the WJWW website at www.WJWW.com

Revised and Approved by Board of Trustees on February 13, 1996.