WANAQUE VALLEY
REGIONAL SEWER AUTHORITY

MINUTES

January 27, 2010
Regular Meeting

The WANAQUE VALLEY REGIONAL SEWRAGE AUTHORITY conducted a Regular Meeting, which commenced at 6:05 p.m., in the Wanaque Valley Regional Sewerage Authority Administration Building, Wanaque, New Jersey, with Chairman Frank Covelli presiding.

ANNOUNCEMENT

Mrs. Maas, Recording Secretary read the following announcement.

This is the Regular Meeting of the Wanaque Valley Regional Sewerage Authority. In accordance with the Open Public Meetings Law, Notices of the meeting will be furnished to the respective Municipal Clerks of Ringwood, Wanaque and West Milford: together with a request that an additional copy of the Notice be placed in each Municipal Building. Notices were also sent to the following newspapers: the North Jersey Herald, the Trends and the Record. A copy of the Notice will be filed with the minutes of this meeting.

SALUTE TO THE FLAG

The Chairman led the Salute to the Flag.

ROLL CALL

Commissioners Present: Andrew Bolduc, Robert Hadley, Robert Moshman, Patrick Murray and Frank Covelli.
Commissioners Absent: Harry Clark

Also Present: Richard Miller, Esq., Williams, Caliri, Miller and Otley
James Kelly, P.E., Boswell Engineering
Gregory White, Executive Director
Margaret Maas, Recording Secretary

MINUTES
The Chairman stated that we have a list of Meeting Minutes to be approved and that he would address them individually. He then asked for a motion approving the Regular Meeting Minutes of December 22, 2009.

MINUTES – 12-22-09 Regular Meeting
MOTION Moved by Robert Hadley, 2nd by Patrick Murray to adopt a Resolution accepting the Regular Meeting Minutes of 12-22-09.
The Chairman asked if there any additions, deletions or corrections to these minutes.
Mr. Miller stated, for the record, that the minutes reflect that the Chairman abstained from voting on the award of the contract at the last meeting to JoGi Construction. Mr. Miller explained that as we did not have a copy of their Bonding Certificate at the meeting; and as the Chairman is in the insurance business and their company does issue construction bonds we felt that there was the potential of a conflict there and; as there was a quorum present, with the majority voting for the award of the contract; and based on my advice the Chairman abstained. Mr. Miller stated that we have since verified that there was no conflict, that the bonding company that issued the bond was not the company for which the Chairman works. The Chairman asked was any further discussion desired, upon hearing none;
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
Commissioner Clark was absent.
MOTION CARRIED

MINUTES – 06-24-09 Closed Meeting Minutes
MOTION Moved by Robert Hadley, 2nd by Patrick Murray to adopt a Resolution accepting
the 06-24-09 Closed Meeting Minutes.
The Chairman asked if there were any additions, deletions or corrections to these minutes
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
Commissioner Clark was absent.
MOTION CARRIED

MINUTES – 07-16-09 Closed Meeting Minutes
MOTION Moved by Robert Hadley, 2nd by Andrew Bolduc to adopt a Resolution accepting
the 07-16-09 Closed Meeting Minutes.
The Chairman asked if there were any additions, deletions or corrections to these minutes
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye. Commissioner Clark was absent.
MOTION CARRIED

MINUTES – 07-22-09 Closed Meeting Minutes
MOTION Moved by Robert Hadley, 2nd by Patrick Murray to adopt a Resolution accepting
the 07-22-09 Closed Meeting Minutes.
The Chairman asked if there were any additions, deletions or corrections to these minutes
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
Commissioner Clark was absent.
MOTION CARRIED

MINUTES – 10-28-09 Closed Meeting Minutes
MOTION Moved by Robert Hadley, 2nd by Patrick Murray to adopt a Resolution accepting
the 10-28-09 Closed Meeting Minutes.
The Chairman asked if there were any additions, deletions or corrections to these minutes
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
Commissioner Clark was absent.
MOTION CARRIED

Mrs. Maas asked the Chairman to please note that although these Closed Meeting Minutes have been accepted and approved; that does not necessarily make them available to the public, due to their content, and whether it has been satisfied or is still open. Mr. Miller stated that they should be reviewed by Mr. White to see if the subject matter has been acted upon, and whether it is appropriate to release them to the public. Mr. White stated that he will review and certify which of those Minutes will be available for public review.

CONSENT AGENDA
The Chairman asked if everyone has had time to review the Consent Agenda. He stated that Consent Agenda item # 03-10, which is referred to as the Title 59 Resolution and which relates to the design and immunity; with respect to the foregoing Construction Project. The Chairman stated that he believes it would be best to vote on that Resolution separately rather than as a part of the Consent Agenda. The Chairman then stated that the Consent Agenda will contain Resolutions 01-10 which is payment of Vouchers – M-11765 – M-11814 FY 2010 and 02-10 – Forklift Purchase. The Chairman asked if anyone would like to have anything else removed from the Consent Agenda. Upon hearing none he stated that we will go with the Consent Agenda as its stands.

The Chairman stated that as there are some elected officials present in the audience that might have another meeting, therefore, if this all right with all the members of the Board; we will begin with Mr. White's report and then we will stop the Reports, open the meeting to public comment and then resume the Reports at the conclusion of the Public Portion.

REPORTS

Executive Director
Monthly Report – Noise & Odor Control Report
Mr. White reported that the odor control units are all functioning 24 hours a day, there were no misters required and there have been no odor complaints submitted to the Authority to the best of his knowledge.

Updates – Flow / Operations / Revenue
Flow - Mr. White reported that the flow has increased into the plant significantly, with the heavy rain we received on Monday. He stated that the flows have increased to 1.5 - 2 MGD. Mr. White stated that our normal flows average 1 MGD. He stated that the plant is handling the increased flow quite well, and explained that it is caused by the infiltration present in our collection system.
Plant Operations - Mr. White reported that things are going very well not only here but up at the Ringwood Facilities, the James Drive Plant the Board of Education Systems.
Revenue - Mr. White reported that revenue is coming in strong. He stated that we have been quite busy - one of the positive aspects of the heavy rain is we become quite busy with hauler volume afterwards.

CD Reinvestment
Mr. White stated that last month we discussed that we have two Certificates of Deposit (CDs) that needed to be reinvested. Mr. White stated that he conferred with Mr. Miller and Mr. Ferraioli and they sought rates from various financial institutions. Mr. White reported that they unanimously agreed to keep the CDs at the Highlands State Bank. Mr. White reported that Highland Bank provided us with the highest rate of return of 1.18%, which was significantly higher than the second highest rate offered. Mr. White stated that the total amount of the investments is approximately $110,000 .00 and that they will be reinvested for a period of 12 months.

Forklift Purchase
Mr. White stated that last month he discussed our need to replace our current forklift. He stated that the original forklift, which was supplied with the original facility approximately 25 years ago, is no longer operable. He stated that we have been renting one for the past two months. Mr. White stated that he has received various price quotations from vendors of forklifts, and this evening he would like to recommend that the Authority purchased a forklift from Prompt Lift Truck Service in Paterson. Mr. White stated that they provided us with the low bid proposal of $23,996.26. He stated that that price includes a $500 trade in value and disposal of our existing unit as well.

Mr. White stated that it is a valuable piece of equipment for us, which we utilize on a daily basis for moving drums of chemicals around and for moving other various items. Mr. White stated that it is listed on the Consent Agenda this evening as Resolution # 02-10. Mr. White asked if anyone had any questions or wished to discuss this item.
Commissioner Bolduc asked Mr. White, for the record, is it correct that we have been spending $1,475.00 per month to rent one. Mr. White stated that was correct; we have been renting one for the past two months. The Chairman asked what was the make of the forklift. Mr. White responded that he believed it to be a Daewoo, that it has a 6,000 lb capacity and that it is fueled by propane gas. Mr. White explained that we cannot use an electric unit; as we would have problems operating in the wet weather.

SEM – Natural Gas Auction
Mr. White reported that the NJ Sustainable Energy Management Group, of which we are a part, went out for a natural gas auction on 01-22-10 and they set a strike price of $8.85 per dekatherm. He stated that unfortunately due to an increase or spike in natural-gas prices shortly before the auction they received no bidders for the service. Mr. White stated that he received an e-mail notice that they will be going out for another auction shortly. Therefore, nothing has been done with regard to securing natural gas.
Construction Meeting with Towns and Pulte HOA
Mr. White reported that last month the Chairman suggested that this Authority hold a meeting with the representatives of the Borough of Wanaque, Borough of Ringwood, Township of West Milford as well as the Pulte Homeowners Association. He stated that he prepared a draft letter to that effect and that the only item to be filled in was the date and time of that meeting. Mr. White asked if the Board could come to a consensus on that this evening. He stated that there is a copy of the draft letter in everyone's folders this evening.
The Chairman stated that he would like to commend Mr. White; that was a very well drafted a letter. The Chairman then explained the reasoning behind setting up such a meeting, as a good neighbor policy of informing everyone at the onset of what was and will be happening in the near future. The Chairman stated that he would like to have Mr. Kelly and/or Mr. Rossi attend such a meeting, to lend technical support. He stated that, therefore, we should work around Mr. Kelly’s schedule. The Chairman stated that any of the Commissioners that wish to attend would be welcomed. Mr. Kelley stated that the meeting should be held prior to February 15th, which is the unofficial start date for construction. Discussion followed. The consensus of the discussions was that a meeting would be scheduled for February 9, 2010 at 7:00 p.m. here at the WVRSA Administration Building. It was further stated that Mr. White would forward letters to all the interested parties and that he would advertise the date as a Special Meeting of the WVRSA, in the event that a quorum of the Commissioners is present.

RFP’s Professionals
Mr. White reported that the Authority has publicly noticed a Request for Professional Services (RFP’s) in the newspapers and those proposals are due on February 8, 2010; for consideration at the February Reorganization Meeting.

Reorganization Meeting Date
Mr. White stated he would like to propose that the Annual Reorganization Meeting of the WVRSA be held on Wednesday, February 17, 2010 at 6:00 p.m., due to several people not being available at the end of the month. Mr. White stated that the Reorganization Meeting will be immediately followed by a Regular Public Meeting. Mr. Kelly stated that having anticipated Regular Monthly Meeting to fall in the fourth week, he also will be out of town the third week, but he is sure Mr. Rossi would be available. It was agreed that February 17, 2010 at 6:00 p.m. be the date Reorganization and Regular Meetings.

Financial Disclosure Forms
Mr. White stated that the Financial Disclosure forms have been distributed by Mrs. Maas this evening. Mr. White requested that everyone review the information that has been prepared and if it is correct, to please sign and date all three copies. Mrs. Maas stated that if there are any corrections needed to please indicate them on one of the copies and then sign were appropriate and Mrs. Parinello will make the needed corrections tomorrow. She stated that once they're all signed and dated to please return them to her this evening. Mr. White stated that his report was completed.

Commissioner Bolduc asked Mr. White explained one of the Vouchers. He stated that there was a voucher for $19,431.00 for a Drive Assembly. Commissioner Bolduc asked if that was an anticipated expense. Mr. White stated that was not anticipated when we developed the scope of the Construction Project, but fortunately Mr. Ferraioli recommended taking it out of the Bond Sale money, not the Budget. Mr. White stated the drive is an original piece of equipment supplied over 20 years ago, so has served us well. Mr. White stated that it is a replacement of one of our sludge thickener drive units.

The Chairman thanked Mr. White for his report and stated that in the interest of time; he was going on to open the meeting to the Public Portion and anyone wishing to address the Authority may do so at this time.

PUBLIC PORTION
Dan Mahler, Mayor of Wanaque - Mayor Mahler stated that he would like to thank the Chairman for moving the Public Portion of the meeting up; as he does have another meeting this evening. Mayor Mahler stated that he would like to start by introducing Councilman Dominick Cortellessa, our newest Councilman in Wanaque, who will be the new liaison to the WVRSA.

The Mayor stated that he had been liaison for many years and now Mr. Cortellessa will be taking over. The Mayor stated he may still attend some of the meetings. The Mayor stated that over the years there have been some heated discussions and at times he did not agreed with what the Commission was doing; but there are some things the Commission did well and he knows they run the plant very well. Mayor Mahler stated that at this time you'd like to take the opportunity to thank the Commissioners for the job that they are doing running the plant. He would also like to thank Mr. White and Mr. Miller and also thank the Commissioners for the job they did with obtaining the Federal Stimulus Funding. He stated that it is a big benefit to the Borough of Wanaque. The Mayor stated he would especially like to thank Mr. Miller. In conclusion the Mayor stated that he wanted all that put on record. He stated that he will probably be back with other issues. The Chairman thanked the Mayor and told him that he is always welcome to attend our meetings.
The Chairman then welcomed Councilman Cortellessa as our liaison. The Chairman stated that we've always had a good working relationship in the past and he is sure that it will remain the same. The Chairman and then asked if anyone else wished to address the Board. When he received no response he asked for a motion to close the Public Portion of the meeting.

MOTION Moved by Robert Hadley, 2nd by Robert Moshman to adopt a resolution closing the Public Portion of this meeting.
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
Commissioner Clark was absent.
MOTION CARRIED

The Chairman stated that he would now return to Reports and asked for the Engineering Report

REPORTS

Engineering
Mr. Kelly stated that he would like to pick up where the Mayor left off and complement Mr. Miller, the Bond Counsel, Mr. Bienfield and Mr. Ferraioli. He stated that they did a tremendous amount of work. Mr. Kelly stated that his firm has been involved with a number of Stimulus projects in the last several months, somewhere between 12 and 20, and he stated that the smoothest by far was with this Authority. Mr. Kelly stated that it was a pleasure dealing with Mr. White, the staff of this Authority, Bond Counsel and of course this Board, having all the special meetings that we requested and being able to work your schedules to handle meetings with the contractor, awarding the contract it all came together very nicely.

Mr. Kelly stated that the Authority is to be commended that not only did we get into a first closing, as you know there's a second closing coming up and we will be fully prepared for that one.
The Chairman thanked Mr. Kelly for his comments and stated that when we started this project; it's began with a rough start but we all came away with a very positive omen and now we are here, a million and a half dollars later to tell the story, ready for construction.
Mr. Kelly reported that we received the bids, awarded the contract and we had the Pre- Construction Meeting last Thursday, January 21, 2010with our contractor, JoGi Construction of Edison, NJ. Mr. Kelly stated that was a good Pre-Con Meeting; the DEP representative was here and we went through everything you would expect a pre con meeting to have. Mr. Kelly said there will be a follow-up meeting – Pre-Con Meeting #2 – tomorrow morning at 8:00 a.m. here at the Authority, to firm up the contract, with his office and with the contractor. He stated that Mr. White will be participating as an integral part of this – because he has to make sure that everything is going to facilitate the current operation continuing uninterruptedly. We will be deciding where to set up the trailers etc. Mr. Kelly stated that he expects to have a schedule from the contractor tomorrow. Mr. Kelly stated that they hope to have some type of an official start by February 15, 2010. Mr. Kelly stated that once we know better what the schedule is going to be like, we will coordinate with that for an official groundbreaking.
Mr. Kelly then stated that is where we are right now and we have reason to believe everything should proceed well, our contractor has the proper references, and all indications are he is prepared to man the job and get it done in a timely fashion. He stated that we are cautiously optimistic that everything should move ahead smoothly.
Commissioner Hadley stated that thanks and congratulations should also go to our professionals - especially to Engineering that got us this Grant money and that our hand is still in there for the additional Stimulus money for the increased costs of the project due to the high bids. The Chairman agreed with Commissioner Hadley.
The Chairman thanked Mr. Kelly for his report and asked for the Legal Report.
Legal
Mr. Miller stated that all he can do is second those thoughts, that it was quite a team effort that produced this money, from the Board members to all the other professionals. He stated that is not often you get the opportunity to get a Grant such as this or a Loan at the rate that we got it, under very strict time binder – it really made it a challenge. He stated that the money is now in escrow and some of the administrative funds are becoming available to us. Mr. Miller stated that he believes that the final closing on the Grant and the Loan will be March 10th and we will hopefully be off to a great project.

Legal
Title 59 Resolution
Mr. Miller stated that we have on the Agenda tonight the Title 59 Resolution, which the Chairman suggested - in his expertise in the insurance and bonding area – for adoption. Mr. Miller stated that this is a formal resolution, provided by Statue, that if we adopt it - in approving the plans as designed and that the Engineers do certify somewhere along the line that the project has been build in accordance with those plans and; we get their certification, both the entity and the individuals on the entity are immunized from claims on behalf of the public or anyone else. Mr. Miller stated that is designed to protect public bodies and members of public bodies. Mr. Miller stated that that resolution formally adopting the plans as provided by the Engineer is on the Agenda tonight. Mr. Miller asked the Chairman whether he would like to do this under either New Business or Old Business. The Chairman stated that the best time would be right now during the Legal Report. Mr. Miller stated that a copy of the resolution has been circulated to all members of the Authority.
The Chairman asked if anyone had any questions on this Resolution #03-10 – Design Immunity for the project. Upon hearing none he then requested a motion to accept Resolution #03-10.

MOTION Moved by Andrew Bolduc, 2nd by Robert Hadley to adopt Resolution #03-10
providing Design Immunity for the upcoming project.
The Chairman asked if anyone wishes to have any discussion. Upon hearing none he asked for a Roll Call.
On Roll-Call Commissioners, Bolduc, Hadley, Moshman, Murray and Covelli all
voted yes. Commissioner Clark was absent.
MOTION CARRIED
A copy of t he Resolution is attached.

Mr. Miller stated that was his pleasure and privilege/obligation to attend the Pre-Construction meeting and that it was nice to be able to report that the representative of NJDEP that was present, Mr. Philip Bowe, also complemented the group on the submissions, the plans and the details that were done and completed. The Chairman asked Mr. Kelly in amazement – did we really get a compliment from the DEP and he responded yes we did. Mr. Kelly said that Mr. Bowe it's a really nice guy we've dealt with him before. Mr. Miller stated that everything we do must go through him and we must touch base with them throughout.
Mr. Miller stated that from a legal standpoint we are in good shape.

Mr. Miller stated that he would like to explain that tonight on the Bill List his firm has a very large Voucher which relates to the work done on the project and the Grant and Bond issue, and that it represents the work that has been done and not billed since June of 09 and can be paid from the Grant Funds.

OLD BUSINESS
The Chairman asked if there was any Old Business to come before the Board this evening. Upon hearing none he stated that he would move onto New Business.

NEW BUSINESS
The Chairman asked if there was any new business to come before the Board this evening.
Commissioner Hadley informed the Chairman that with regard to the date of February 17th, which had been set earlier this evening for the Reorganization Meeting; both he and Mr. Murray are not available on that date as they have a meeting which both must attend. Discussion ensued. The outcome of the discussions was that the meeting date will be changed to Tuesday, February 16th at 6:00 p.m.
The Chairman asked if there was any other New Business. Upon hearing none and stating that the Public Portion has already taken place; he would move onto Approval of the Consent Agenda.

CONSENT AGENDA
The Chairman stated that that on the Consent Agenda we have Resolution # 01-10, approval of the Vouchers and Resolution # 02-10 - Forklift Purchase. The Chairman asked for a motion to approve the Consent Agenda.

MOTION Moved by Robert Moshman, 2nd by Robert Hadley to adopt a resolution authorizing approval of the Consent Agenda.
#01- 10 – Vouchers – M-11765 – M-11814 Fiscal Year 2010
NOTE: Payment subject to availability of funds
#02- 10 - Purchase of Forklift
The chairman asked if anyone would like to have discussion on either of the items on the Consent Agenda. Upon hearing no response the Chairman asked for a Roll Call.
On Roll Call Commissioners Bolduc, Hadley, Moshman, Murray and Covelli
all voted yes. Commissioner Clark was absent.
MOTION CARRIED

Chairman stated that seeing no further business to come before this Authority he would entertain a motion to adjourn this meeting.

ADJOURN

MOTION Moved by Andrew Bolduc, 2nd by Robert Hadley to adopt a resolution adjourning this meeting.
The Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
Commissioner Clark was absent.
MOTION CARRIED

The meeting was adjourned at 6:45 p.m.

Minutes respectfully submitted by,
Margaret M. Maas, Recording Secretary