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Trustees question $1.578M Westchester Joint Water Works payment tied to lead‑service settlement
Summary
Trustees discussed a $1,578,000 payment to Westchester Joint Water Works connected to a stipulated settlement and a lead service line replacement program, seeking clarity on whether a detailed plan required by the settlement has been submitted and approved by state authorities before the fund is spent.
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Trustees raised concerns April 14 about a $1,578,000 payment to Westchester Joint Water Works that appears on the abstract of audited vouchers. Trustee Stuart (speaker 9) asked whether the Joint Water Works had submitted the detailed plan required by the stipulated settlement and whether the village should hold the payment until the plan receives state approval.
Village attorney (speaker 5) and staff explained that the consent decree requires the Joint Water Works to submit a proposed lead service line replacement program to the state within a specified period and that the village and other municipalities are obligated to fund the program as set out in the settlement. Attorney (speaker 5) said the village has funding obligations under the stipulated order and that failure to meet payment deadlines could expose the village to stipulated penalties, although the village’s legal representative would monitor timing and enforcement.
Trustees debated practical implications: whether the money could remain in village accounts to earn interest until Westchester Joint Water Works completes and the state approves its plan; whether the village could delay payment without violating the consent decree; and how to ensure the Water Works provides timely updates. Treasurer/finance staff (speaker 12) said the plan was submitted to the state for review on March 24 and that staff would request a copy be supplied to the board. Several trustees urged that future benchmark and plan documentation be routed through the village attorney to ensure trustees receive timely, authoritative updates rather than relying on Joint Water Works communications.
The board approved the order of bills (which includes the payment) during the audit vote but asked staff and legal counsel to obtain and circulate the Joint Water Works plan and state approvals and to confirm how interest and timing are handled under the consent decree.
