Re: Bronxville Application pursuant to Chapter 433 of the laws of 2013

Transcription

1 Hon. Kathleen H. Burgess Secretary to the Commission New York State Public Service Commission Empire State Plaza Agency Building 3 Albany, New York Re: Bronxville Application pursuant to Chapter 433 of the laws of 2013 Dear Secretary Burgess: I understand that submitting this request by is the procedure I should follow. If that is not the case, I respectfully request that you so advise me by reply to this . By way of background, Chapter 433 of the Laws of 2013 provides that a municipality as defined therein may apply to the Public Service Commission to have any costs for infrastructure maintenance and access it is charged by a water-works corporation related to fire hydrant service to instead be charged to all customers across all customer classes located in the municipality, provided the municipality has held a public hearing with notice on the matter and has adopted a resolution and determined by a majority vote of the total voting strength of its governing body that it is in the overall public interest to have such costs charged to all customers across all customer classes based upon water usage. As provided by that legislation, the Village of Bronxville noticed and held a public hearing and thereafter adopted a Resolution pursuant to the legislation. Accordingly, I am writing on behalf of the Village of Bronxville and submit the attached documents requesting that the Public Service Commission issue an order that the abovereferenced costs now be charged to all customers across all customer classes located in the Village of Bronxville based upon water usage. We are aware that the PSC sets the rates and hope that such is done in an appropriate and fair manner and as soon as possible within the statute s time limits of up to 120 days to issue the appropriate order. I am attaching the following documentation for your consideration: 1. Resolution of Bronxville Village Board dated December 9 th,2013 setting public hearing pursuant to Chapter 433 of the laws of New York, 2013 for January 13, Proof of publication and posting of above referenced Notice of Hearing. 3. Minutes of public hearing held by Bronxville Village Board on January 13, 2014 pursuant to Chapter 433 of the laws of New York Resolution of Bronxville Village Board dated January 13, 2014 determining that it is in the overall public interest to have any costs for infrastructure maintenance and access it is

2 charged by a water works corporation to instead be charged to all customers across all customer classes, and directing that this application be made. 5. Text of Chapter 433 of the laws of New York, Kindly advise whether anything further is required with respect to this application. I thank you in advance for your prompt attention to this application. Sincerely, James Staudt Bronxville Village Attorney McCullough, Goldberger & Staudt, LLP 1311 Mamaroneck Avenue, Suite 340 White Plains, New York (914) jstaudt@mgslawyers.com cc: Kevin H. Doherty Director Regulatory Business United Water Via to: Kevin.Doherty@UnitedWater.com Harold Porr III Village Administrator Village of Bronxville 200 Pondfield Road Bronxville, NY (914) hporr3@optonline.net

3 , AFFIDAVIT OF PUBLICATION FROM [he Journal News CECILIA HERNANDEZ being duly sworn says that he/she is the principal clerk of The Journal News, a newspaper published in the County of Westchester and State of New York, and the notice of which the annexed is a printed copy, was published in the newspaper area(s) on the date(s) below: Note: the code to the left of the run dates indicates the zone(s) that the ad was published. ZONE AS DATE 12113/2013 (See legend below) Signed Sworn to before me This I o Notary Public legend: Northern Area (AN): Amawalk, Armonk, Baldwin Place, Bedford, Bedford Hills. Briarcliff Manor, Buchanan, Chappaqua. Crompond. Cross River, Croton Falls, Croton on Hudson. Goldens Bridge. Granite Springs, Jefferson Valley. Katonah. lincolndale. Millwood. Mohegan lake. Montrose, Mount Kisco, North Salem. Ossining, Peekskill, Pound Ridge. Purdys. Shenorock. Shrub Oak. Somers, South Salem. Verplanck. Waccabuc. Yorktown Heights, Brewster, Carmel, Cold Spring, Garrison, lake Peekskill. Mahopac, Mahopac Falls. Putnam Valley. Patterson Central Area (AC): Ardsley, Ardsley on Hudson. Dobbs Ferry, Elmsford, Greenburg. Harrison. Hartsdale. Hastings. Hastings on Hudson. Hawthorne. Irvington. Larchmont. Mamaroneck. Pleasantville, Port Chester, Purchase, Rye. Scarsdale, Tarrytown. Thornwood, Valhalla. White Plains Southern Area (AS): Bronxville. Eastchester. Mount Vernon, New Rochelle. Pelham, Tuckahoe, Yonkers Greater Westchester (GW or LGW): Includes Northern area, Southern area and Central area. (See details below each area) Westchester Rockland (WR): Includes Greater Westchester area and Rockland area. Rockland Area (AS.AR and RK): Blauvelt, Congers, Garnerville, Haverstraw, Hillburn, Monsey. Nanuet, New City. Nyack, Orangeburg, Palisades. Pearl River. Piermont. Pomona, Sloatsburg. Sparkill, Spring Valley. Stony Point, Suffern, Tallman. Tappan, Thiells. Tomkins Cove, Valley Cottage, West Haverstraw. West Nyack lola M. HALl. Notary PubliC, State of Ntjw YOO< No. 01 HA Ouallfled In WestcheSter County Comml~<;lon Expires July O. 20lti Express (XPWR): Amawalk, Ardsley. Armonk, Baldwin Place. Bedford. Bedford Hills, Brewster. Briarcliff Manor. Bronxville, Buchanan,,Carmel, Chappaqua, Cold Spring, Cortlandt Manor. Cross River. Croton.on-Hudson. Dobbs Ferry. Eastchester, Elmsford. Garrison, Goldens Bridge. Granite Springs. Harrison, Hartsdale. Hastings, Hawthorne, Irvington, Jefferson Valley, Katonah. Lake Peekskill. Larchmont, Mahopac. Mamaroneck. Millwood, Mohegan Lake. Montrose, Mount Kisco, New Rochelle, North Salem. Ossining. Patterson, Peekskill, Pelham. Pleasantville, Port Chester. Pound Ridge, Purchase, Purdy's. Putnam Valley, Rye. Scarsdale, Shrub Oak, Somers, South Salem. Tarrytown. Thornwood, Tuckahoe, Valhalla. Waccabuc, White Plains. Yorktown Heights. Blauvelt, Congers, Garnerville. Haverstraw, Hillburn, Monsey, Nanuet, New City. Nyack, Orangeburg, Palisades, Pearl River, Piermont. Pomona, Sloatsburg, Sparkill, Spring Valley. Stony Point, Suffern, TaHman. Tappan, Thiells, Tomkins Cove, Valley Cottage, West Haverstraw, West Nyack. Mt.Vernon, Yonkers AD#

4 AFFIDAVIT OF POSTING NOTICE COUNTY OF WESTCHESTER STATE OF NEW YORK } SS HAROLD PORR III, being duly sworn, says that on the II L day of M~bp/ 2013 he posted or caused to be posted the attached notice in the following places in the Village of Bronxville: 1. Village Hall Bulletin Board 2. Public Library Bulletin Board 3. Railroad Station Bulletin Board 4. Chamber of Commerce Bulletin Board, Pondfield Road 5. Chamber of Commerce Bulletin Board, Park Place 6. Chamber of Commerce Bulletin Board, Parkway Road MfM\\t Harold Parr III, Village Administrator & Village Clerk Subscribed and sworn to before me this ) IL day of J-te.vnW,2013 ~'< y(/ /JeILCiv4A KAREN A. BUCCHERI No1ary Public. Slate 01 New York No. 01n.U Oualified in Weslctlester County Term Expires f'{'r4j lv,,loll;

5 Karen Buccheri From: Sent: To: Subject: Attachments: Innocent, Stephanie Wednesday, December 11, :41 PM Ad Confirmation UAS6CJpg Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 12/13/13 AS $55.80

6 LEGAL NOTICE PUBLIC HEARING Decetn'~er 11, i013: NOT J eels HER, E B'Y GIVEN that the Board of T r u s,tee s, V i I Iag e 0 f Bron xv iii e, \Iv i II h:oi d a Public H'earing at 8PM,on Men.day, January 13, in the Trustees -. Room... at the. V iii (l 9 e H a II., 200 Pondfi e lej Road, Bronxville, NY to hear and consider com tnents regarding the Vi liageapp Ii cation tothe public.servic'e Commission to have.costs for water sy.ste,m i nf r as t rue tu rem a intenance and access charged a,cro,s-s an customer classes locute'd in the Village- of Bronxville~ Harold Parr III Vi II a g ea d min ist rat 0 r / Vi Ilage Clerk

7 LEGAL NOTICE PUBLIC HEARING December 11, 2013 NOTICE IS HEREBY GIVEN that the Board of Trustees, Village of Bronxville, will hold a Public Hearing at 8PM on Monday, January 13, 2014 in the Trustees Room at the Village Hall, 200 Pond field Road, Bronxville, NY to hear and consider comments regarding the Village application to the Public Service Commission to have costs for water system infrastructure maintenance and access charged across all customer classes located in the Village of Bronxville. Harold Porr III Village Administrator/Village Clerk

8 Harold Porr 1II Village Administrator TO: FROM: DATE: RE: Public Service Commission Harold Porr III, Village Administrator/Village Clerk January 14, 2014 Set Public Hearing for Costs for Infrastructure Maintenance & Access Please find below an extract of minutes of the Board of Trustees of the Village of Bronxville held on Monday, December 9, 2013 at 8PM at Village Hall, 200 Pond field Road, Bronxville, NY. RESOLUTION - SETTING PUBLIC HEARING TO TAKE COMMENT ON POTENTIAL VILLAGE APPLICATION TO PUBLIC SERVICE COMMISSION TO HAVE COSTS FOR WATER SYSTEM INFRASTRUCTURE MAINTENANCE AND ACCESS CHARGED ACROSS ALL CUSTOMER CLASSES LOCATED IN THE VILLAGE OF BRONXVILLE On motion of Trustee Longobardo, seconded by Trustee Poorman, the following resolution was unanimously approved: WHEREAS, pursuant to Chapter 433 of the Laws of New York, 2013 the Village has been authorized to apply to the New York Public Service Commission to have any costs for infrastmcture maintenance and access it is charged by a water works corporation charged, instead, to all customers across all customer classes located in the municipality; and WHEREAS, the Village of Bronxville is considering making such an application to the New York Public Service Commission. NOW, THEREFORE, BE IT RESOLVED that a public hearing of the Village of Bronxville Board of Trustees will be held on January 13, 2014 at 8PM in the Trustees Room of Brom:ville Village Hall to take comment on rhe question whether the Village of Bronxville should apply to the New York Public Service Commission to have any costs for infrastructure maintenance and access it is charged by a water works corporation to instead be charged to all customers across all customer classes located in the Village of Bronxville. The Village Board directs that all requisite notices be published in accordance applicable laws and regulations. State of New York ) County of Westchester) 5S: *********** 200 Pondfield Road Bronxville, NY (914) Fax (914)

9 I, Harold Porr III, Clerk of the Village of Bronxville, in the County of Westchester, New York, HEREBY CERTIFY that the above extract has been compared by me with the original minutes of a meeting of the Mayor and Board of Trustees of said Village held on December 9,2013, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Villagethis 14th day of]anuary Harold Parr, III, VillageAdministrator/Village Clerk 11\

10 Harold Porr III Village Administrator TO: FROM: DATE: RE: Public Service Commission Harold Porr III, VilIage AdministratorjVilIage Clerk January 14, 2014 Public Hearing Minutes - Costs for Infrastructure Maintenance & Access Please find below an extract of minutes of the Board of Trustees of the Village of Bronx\'ille held on Monday, January 13, 2014 at 8PM at Village Hall, 200 Pond field Road, Bronxville, NY. PUBLIC HEARING - PUBLIC SAFETY INFRASTRUCTURE COSTS At 8:31PM, on motion of Trustee Gray, second by Trustee Longobardo, the Board opened the public hearing regarding the Public Safety Infrastructure Costs. Mayor Marvin commented that United Water has to continue billing the Village unless there is a change made by the Public Service Commission. They are the ones that set how the rates are collected. Ms. Linda DiMenna, Manager of United Water in New Rochelle, said that the Public Service Commission is the one that sets the ratcs. Village Administrator Harold Porr said there is a coalition of municipalities that worked together to have this law passed. He thanked Assemblywoman Amy Paulin for shepherding this through the State Legislature. Trustee Poorman said this was a great idea. She appreciates the efforts over time. to the Trustees to do a good job by conununicating what this means to the community. distribution of costs. She feels it is up It is an equitable Trustee Underhill inquired if this would be a separate line item on the bills. Ms. DiMenna responded that there will be another line item with regards to fire hydrants. sure how this will be determined. She is not I\layor I\larvin said that the Trustees 'Willbe proactive in explaining that the increase in the bill is actually a subtraction off of the tax bill. Village Administrator Porr said that this change will include the entire water service user base who will be responsible for paying. Ms. Dili-Ienna read a statement from United \Vater. It gave the background of thc hydrant fee. United Water is looking to the Public Sen,ice Commission. The residential water bill could go up for 6-11%. A public hearing is the first step in this process. Until a ncw rate is set by the Public Service Commission, United \Vater cannot provide the new rates. She reviewed the importance of flre hydrants. 200 Pondfield Road Bronxville, NY (914) Fax (914)

11 ll1ere is so much more to a fire hydrant than what one sees above ground. Tax benefits will be determined by each municipality. Trustee Gray asked about the estimated charge for residents. increase if the non-profits are now paying. He asked how there could be an Ms. DiMenna responded that the rate for individuals could increase by 6-11% as a result of changes being paid for by the Village. VillageAdministrator Porr commented that the Villagewill challenge these rates and all proposals to increase water rates for Bron),.~illecitizens. Ms. DiMenna replied that this change that the Village currently pays for has to be paid for by someone. At a high level. the Public Service Commission looks at the average residential user to detennine rates. At 8:47PM, on motion of Trustee Gray, second by Trustee Underhill, the Board closed the public hearing. *********** State of New York ) County of Westchester ) 5S: I, Harold Porr III, Clerk of the Village of Bronxville, in the County of Westchester, New York, HEREBY CERTIFY that the above extract has been compared by me with the original minutes of a meering of the Mayor and Board of Trustees of said Village held on January 13,2014, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Village this 14th day of January 'II Harold Porr, III, Village Administrator/Village Clerk

12 Harold Porr III Village Administrator TO: FROM: DATE: RE: Public Service Commission Harold Porr III, Village Administrator/Village Clerk January 14,2014 Costs for Infrastructure Maintenance & Access Please find below an extract of minutes of the Board of Trustees of the Village of Bronxville held on MondaY,January 13,2014 at 8PM at Village Hall, 200 Pondficld Road, Bronxville, NY. THEREFORE unanimously approved: on motion of Trustee Longobardo, second by Trustee Poorman, the following was RESOLUTION - PURSUANT TO CHAPTER 433 OF THE LAWS OF NEW YORK. 2013, DIRECTING APPLICATION TO THE PUBLIC SERVICE COMMISSION TO HAVE WATERWORKS CORPORATION COSTS FOR INFRASTRUCTURE MAINTENANCE AND ACCESS BE CHARGED TO ALL CUSTOMERS ACROSS ALL CUSTOMER CLASSES LOCATED IN THE VILLAGE OF BRONXVILLE AND DETERMING THAT IT IS IN THE PUBLIC INTEREST TO DO SO. WHEREAS Chapter 433 of the Laws of New York 2013 provides that a municipality as defined therein may apply to the Public Service Commission to have any costs for infrastructure maintenance and access it is charged by a water-works corporation to instead be charged to all customers across all customer classes located in the municipality, provided the municipality has held a public hearing \vith notice on the matter and has adopted a resolution and determined by majority vote of the total voting strength of its governing body that it is in the overall public interest to have such costs charged to all customers across all customer classes, and WHEREAS on January 13'", 2014, Village Board of the Village of Bronxville duly held a public hearing with notice regarding the above described matter. NOW THEREFORE BE IT RESOLVED after a public hearing, that the Village Board of the Village of Bron},... ville determines that it is in the overall public interest to have any costs for infrastructure maintenance and access it is charged by a water works corporation to instead be charged to all customers across all customer classes; and BE IT FURTHER RESOLVED that the Village Administrator with the assistance of Village Counsel shall make application to the Public Service Commission by transmittal of this Resolution and any other necessary papers requesting that the costs for infrastructure maintenance and access the Village is charged by a water works corporation be included in the rates charged to all customer classes and apportioned among all customers located in the Village of Bronxville. 200 Pondfield Road Bronxville, NY (914) Fax (914)

13 *********** State of New York ) County of Westchester ) ss: I, Harold Porr III, Clerk of the Village of Bronxville, in the County of Westchester, New York, HEREBY CERTIFY that the above extract has been compared by me with the original minutes of a meering of the Mayor and Board oftmstees of said Village held on January 13,2014, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Village this 14th day of January Harold Porr, III, Village Administrator/Village Clerk