-From the Williston Park Village Board
The Village of Williston Park has attempted to negotiate a formal water contract with the Village of East Williston for over 10 years. Williston Park has avoided discussing this issue in the newspapers and has hoped to resolve the issue through closed door negotiations. However, East Williston officials have not shown similar constraint and made misleading, accusatory comments in the newspapers.
Williston Park residents have also asked questions about the status of our contract talks. The intent of this statement is not to begin a “he said/she said” situation but rather to make the public aware of where the issues stand at this time.
Williston Park has acted in good faith throughout this process and will continue to do so in hopes of reaching a settlement with East Williston. Rather than negotiate a new rate and other terms of a formal water agreement, East Williston initiated a lawsuit challenging the new rates that we set effective August 1, 2012, after a detailed water rate study.
The Second Department of the Appellate Divsion ruled that the East Williston rate established by Williston Park is rational and legal and that the profit to Williston Park was not in excess of a fair return. Williston Park was forced to spend approximately $120,000 to defend its position in court.
Since that ruling, it was hoped that meaningful discussions would resume with East Williston. Three sessions have taken place since January. Negotiations have come to a standstill once again. At this point Williston Park, in hopes of establishing a long term agreement has offered the following:
• Maintain the East Williston rate of $4.33 per thousand gallons that the Second Department rules is lawful.
• In all future rate increases that may be mandated by increased costs and regulatory requirements, the rate ratio between Williston Park’s residential rate and East Williston’s rate will remain the same as it is now. This will give the price stability that East Williston’s Board has told us is one of its principal objectives.
• Provide emergency chlorination to East Williston. We understand that East Williston has pending violations with the Nassau County Board of Health.
• Take on the responsibility of meter reading as currently conducted by East Williston, with limited billing assistance.
• Assist/provide for the installation of new waters meters purchased by East Williston.
• Compromise on the outstanding financial obligation, i.e., penalties as set forth in our code and noted on each bill sent to East Williston, which are currently approaching $300,000. East Williston took the water from Williston Park subject to the penalty terms for late payment as set forth in our code. These penalties only arose because for almost two years, East Williston refused to pay the rate that the Second Department held was rational and lawful.
• Balance of paid penalties to be placed in the Williston Park Water Fund, which would benefit both East Williston and Williston Park.
• Flush Hydrants yearly as required by law.
• Exclusive water usage long term agreement for a proposed minimum of 25 years.
• Include East Williston in the New York State Department of Health required emergency planning and response plan
• Include East Williston in the department of health required Vulnerability Assessment
• Utilize licensed Williston Park personnel to assist East Williston in the operation of their water plant operation.
In addition Williston Park would consider taking on the responsibly of routine water sampling. It is our belief that by putting together a long term written agreement, both villages will benefit.
