REGIONAL SEWERAGE AUTHORITY
MINUTES
Regular
Meeting
October 29, 2008
The WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY conducted a
Regular Meeting, which commenced at
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 were 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
SALUTE
The Chairman led the Salute to the Flag.
The Chairman stated that before we proceed but the meeting he would like to ask everyone to keep Commissioner Tom Bigger in their thoughts and prayers, as he is going through some medical issues.
ROLL CALL
Commissioners Present: Andrew Bolduc, Robert Hadley, Robert Moshman, Patrick Murray, Frank Covelli
Commissioners Absent: Thomas Bigger
Also Present: Chris Erd, Esq., Williams, Caliri, Miller and Otley
Charles Ferraioli Jr., Ferraioli, Wielkotz, Cerullo & Cuva
James Kelly, P.E. Boswell Engineering
Gregory White, Facilities Manager
Margaret Maas, Recording Secretary
CORRESPONDENCE LIST -09-21-08 –
The Chairman asked if everyone has had an opportunity review
the Correspondence List for the period
MINUTES -
The Chairman asked if everyone has had an opportunity to
review the meeting minutes of
MOTION Moved by Patrick Murray, seconded by Robert Moshman to adopt a resolution accepting and approving the September 24, 2008 Minutes as presented.
The Chairman asked all those in favor to signify so by saying Aye. Commissioner's Hadley, Moshman, Murray, and Covelli all stated Aye.
Commissioner Bolduc abstained. Commissioner Bigger was absent.
MOTION CARRIED
REVIEW OF CONSENT AGENDA
The Chairman asked if everyone has had an opportunity to review the consent agenda as it is listed. He asked if there were any additions, deletions or changes to the Consent Agenda. The Chairman stated that hearing none the Consent Agenda is posted.
REPORTS
The Chairman stated that he will now accept the Facilities Managers report.
REPORTS
Facilities
Manager
Noise
& Oor Control Report - Update
Mr. White stated that everyone should have a copy of the updated report in their folder. Mr. White stated that all odor control units are still operating on a continual basis and are functioning quite well. He stated that we have not required the use of misters all summer. Mr. White stated that the media in the odor control units will be tested in approximately two weeks. Those tests will determine the remaining life span of the media. Mr. White stated he will continue to update this report on a monthly basis.
Ringwood Board of Education Agreement
Mr. White
stated that as was approved last month, the contract was forwarded to the Ringwood
Board of Education (RBOE). Mr. White
stated that there was a letter in everyone's folders from the RBOE, dated
today, with two executed copies of the agreement. Mr. White stated that the period of the
contract is
At this time Commissioner Bolduc asked to make a comment on that agreement and asked if this would be an appropriate time and that he would leave the decision of to the Chairman.
Commissioner Bolduc stated that he would like to make a couple of points with regard to that contract with the RBOE and our Authority. He asked the Chairman if he could bring that up now. The Chairman stated Commissioner Bolduc could go ahead with his comments.
Commissioner Bolduc stated that he was not able to make last month's meeting and he noted that there was an action taken to have a contract entered into with the RBOE and that it was approved unanimously. Commissioner Bolduc stated that looking at that motion, it looks like the contract does not comport with or comply with what the motion that was previously adopted by this Authority states. He stated that he thinks that the fact that they have not agreed to what our proposal was, basically means there was no meeting of the minds and no contract.
Mr. White asked Mr. Bolduc what the differences were that he noted.
Commissioner Bolduc referenced Page one, Paragraph 2, Subsection 2, Year 2; which states “$34,167.00 plus the greater of 4% or the percentage increase in the Consumer Price Index (CPI) for the previous 12 month period ending June 30th. As of July 1st, the fee shall be increased by 4% and thereafter upon the receipt of the CPI for the period ending June 30th and in the event that the CPI increase exceeds 4% the Fee shall be retroactively adjusted to July 1st to coincide with the percentage increase reflected by the CPI”. Commissioner Bolduc stated that that is not what the September Minutes states.
Commissioner Bolduc then quoted Commissioner Moshman, on Page 7 of the 9-27-08 Minutes, as stating “that he is willing to amend his motion to allow alternate language and that language to read " the greater of 4 % or the allowable rate cap imposed on the RBOE or the cost of living as determined by the Consumer Price Index and that's such increases will also apply to the work and maintenance labor rates”. Commissioner Bolduc stated that the two Statements do not match but that is how it was voted on.
Commissioner Bolduc stated everyone knows that he is totally against this proposal in any event. He stated that he thinks it is unfair and unreasonable to continue having the people of Wanaque basically subsidize the people of Ringwood or anyone else for that matter. He stated that he thinks that everyone is quite cognizant of the increases and expenses over the past three years, pay increases, utility increases, car expense increases to name a few. Commissioner Bolduc stated that we spent quite a good deal of time coming to a proposal which we submitted to the RBOE, it was unanimously adopted by this Authority. He stated that not only did we disregard that proposal but we backtracked significantly and, he thinks that entering into the contract that we have in front of us is not only irresponsible but I think it is going to subject ourselves to scrutiny which we do not want and for potential litigation.
The Chairman stated that he would like to correct Commissioner Bolduc on one matter - that motion was not voted on unanimously. Commissioner Bolduc then stated he stands corrected Commissioner Covelli voted against that motion and he apologized for misstating that.
Commissioner Bolduc stated that now that we have a revised contract in front of us, which is not what we had agreed to, that it opens up, and can open up, and should open up this matter for renegotiation. He stated that he thinks it should be reconsidered and he believes that failure to do so is malpractice.
REPORTS
Facilities Manager
Ringwood Board of Education Agreement Cont.
Commissioner Moshman asked Mr. White if this contract has been executed. Mr. White responded yes it has. He was then asked by whom was it executed and Mr. White responded that he had executed the contract.
Commissioner Bolduc reported that the last agreement was executed by the Chairman.
Mr. White stated he did not recall who signed the last contract, but that he executed a contract that was reviewed by Mr. Miller, which was agreed upon, including the language of the contents and it was forwarded up to the RBOE. Commissioner Bolduc asked if it was the normal procedure for you to execute such a contract. Mr. White responded that he has done so many times in the past. Commissioner Bolduc stated that last time it was executed by the Chairman. Mr. White stated that he would have to check the see who it was executed by. Commissioner Bolduc stated that he had a copy of that Agreement in front of him. Commissioner Bolduc asked Mr. White if he felt that it was appropriate to execute this contract, without it being seen by the rest of the Board. Mr. White stated that Chairman Covelli was at the meeting and was well aware of the proceedings.
Commissioner Bolduc reminded Mr. White that earlier today over the telephone that you stated that there were amendments made to that agreement. Mr. White denied having made such a statement; as there were no amendments made to that agreement. Commissioner Bolduc then stated that either I am a liar or you, Mr. White, are a liar. Commissioner Bolduc stated that he does not use the term lightly either because you told me, flat out, that there were amendments made to that agreement.
Discussion ensued, and Mr. White emphatically denied making such statements. He stated that in the conversation on the telephone, Commissioner Boldue requested a copy of the agreement which I faxed to his office. Mr. White stated that he executed an agreement that was approved by the Board and that he has signed many of the documents that leave this Authority. Commissioner Bolduc then asked Mr. White if he was aware that this was a contentious agreement. Mr. White stated the yes he was aware that. Commissioner Bolduc stated that you then took it upon yourself to execute it. Mr. White stated of course he did. He stated that he would not have signed it if he had a problem with the actual execution of the Agreement. Commissioner Bolduc then stated that possibly Mr. White's executing the agreement was self-serving. Mr. White told Commissioner Bolduc absolutely not, and that if you truly believe that my self-interest would take precedence over this Authority’s best interest, then Commissioner perhaps and you do not know me very well. Mr. White stated that he has been here for over 20 years and that his self-interest has never taken precedence over anything done here at the Authority and you could ask anyone that works for this Authority, or anyone that knows me for any period of time and they will tell you the same thing. Commissioner Bolduc asked Mr. White if it was not a fact that his salary is linked to this agreement. Mr. White stated that yes it is. Commissioner Bolduc asked Mr. White if signing that agreement does not become a conflict of interest. Mr. White stated absolutely not.
Commissioner Murray stated that he agreed that Mr. White only did what the Board had agreed upon and signed it. Mr. White reiterated that the language was reviewed by Mr. Miller, and this was what was authorized to be sent up to RBOE. Mr. White stated that this was not solely his doing.
Commissioner Bolduc then asked the Recording Secretary to be sure that the records, when the minutes are done, clearly reflect in detail, what has transpired here tonight.
Commissioner Moshman asked Commissioner Bolduc to once again explain what the discrepancies between original and the final contract are.
Chairman Covelli proceeded to read from the September 24, 2008, Regular Minutes, Page 7, last Paragraph: “Commissioner Moshman stated that he is willing to amend his motion to allow alternate language and that language to read”the greater of 4% or the allowable rate cap imposed on the Ringwood Board of Education and for the Cost of Living as determined by the Cost/Price Index and that such increases will also apply to that work and maintenance labor rates”.
Chairman Covelli asked Mr. White if the document that was in his file folder this evening is a true copy of the executed Agreement and was told that it was.
REPORTS
Facilities Manager
Ringwood Board of Education Agreement Cont
The Chairman then stated that what is stated in the executed Agreement, paragraph number 2 under Year 2, is not the same language as was in the original motion.
Chairman
Covelli went on to explain that the rate cap that was referred to by Commissioner
Moshman’s statement refers to the budget cap that was imposed, on the Borough
of Ringwood by the State of
At this time Mr. White was asked; what was the date on which this Agreement was executed, as the copies that are in the folders this evening does not show when or by whom it was executed. C
Mr. Erd stated that he did have an executed copy and that it was attached to a copy of a letter sent to Mr. Mitchell of the RBOE on October 8th.
Commissioner Bolduc stated that he has no way of knowing whether that Agreement, which accompanied the letter to Mr. Mitchell, was signed or not as his copy of the Agreement is blank.
Commissioner Moshman asked if RBOE made any amendments/ changes to the Agreement. Mr. Mr. White responded they did not.
Chairman Covelli stated that he had spoken to Mr. Miller earlier this evening who stated that Mr. White had prepared the Agreement and that he had reviewed the language. Mr. White stated that the only thing that needed to be changed from the prior version that was sent up to RBOE, a month or two ago was the compensation and the term sections.
Chairman Covelli stated that in all fairness to Commissioner Bolduc, under compensation #2 that Commissioner Moshman stated in terms of amending his motion, that it was supposed to include language with respect to the cap.
Chairman Covelli stated that he believes Mrs. Maas was asked to be specific in her reflection of the discussions and that appears to be very specific.
Commissioner Bolduc then asked if all the Commissioners could be given an executed copy of the Agreement. Mr. White stated he would take care of that.
Commissioner Bolduc stated that he would like to make a motion to rescind the contract due to a mistake of fact. The Chairman asked for a 2nd to that motion.
MOTION Moved by Andrew Bolduc, 2nd by Frank Covelli to adopt a resolution to reconsider the letting of this contract and that we rescind the Ringwood Board Of Education Agreement; as there is not in meeting of the minds and due to a mistake of fact, and would warrant us the ability to modify this contract.
The Chairman asked if anyone wished discussion on this matter. Commissioner Moshman stated that he would like to comment. He stated that the contract was prepared here and reviewed by the Authority’s Attorney and then sent to Ringwood and ratified by Ringwood. Commissioner Moshman stated that this Authority and Ringwood do have a meeting of the minds on this piece of paper and the question is - is the meeting of the minds undermined or invalidated by the discrepancies between the motion that we previously voted on and this language. Commissioner Moshman stated that he feels that it can only be invalidated if the review by the attorney would be considered an unauthorized act or an act of significance and that would require some kind of litany by our attorney to instruct us that we could legally, having the affect of acknowledging that what we profess as to Ringwood, is correct. Commissioner Bolduc stated, with all due respect, this contract is not what the Board approved. He stated that the material fact of this agreement is not what was agreed to by this Board.
Commissioner Bolduc stated the major bone of contention is regarding how much the RBOE has to pay this Authority. Commissioner Bolduc stated that he is only going this route because he thinks it would have been prudent for this Board to have acted in a way that it did last month. He stated unfortunately he could not be here, not that would have made much difference as the vote would not have been 4 to1 it would have been 4 to 2. Commissioner Bolduc stated that he has read the comments made by Chairman Covelli and he agrees with them wholeheartedly. Commissioner Bolduc stated that the other aspect that I think this Board failed to recognize is the legal consequences we may be getting ourselves into by entering into this contract.
REPORTS
Facilities Manager
Ringwood Board of Education Agreement Cont
Commissioner Moshman stated that he respected Commissioner Bolduc’s position but the comments that he was in the middle of making is that if this is a legal matter that we are going take a vote, on whether to rescind a contract or not, before we take that vote we should be advised by our counsel as to; does this stand up in court if invalidated and perhaps to say yes we rescinded or we don't rescinded without advice of counsel he feels would not be prudent.
Mr. Erd stated that perhaps this action could potentially lead to legal issues and maybe even contract negotiations, he feels that further discussion, including his legal advice on this be done in Closed Session. Mr. Erd stated that he would be willing to give some advice now, but he does not think it inappropriate to be done in open session.
The Chairman then asked Commissioner Bolduc if he would agree to hold that motion until after the Closed Session has been concluded.
Commissioner Bolduc stated that Mr. Erd is correct in that respect and I think it would best be held until after Closed Session.
The Chairman stated that with the concurrence of the Commissioners we will continue this discussion later in the meeting and what we will do now is allow Mr. White to finish his report and as we have other professionals waiting to make their report.
PMK Energy Consultant – Update
Mr. White reported that P M K is continuing to request information in order to quantify our Carbon Foot Print on green house gas emission assessment. He stated that we have been furnishing them with the information that’s been requested. Mr. White reported that they have also been doing work on parallel tracks with regard to the beneficial reuse of our effluent. He stated that they're also working on the potential use of that geothermal system here at the Authority. Mr. White stated that he will hopefully have a report of more substance and information at the next meeting.
Sludge Hauling Agreement Advertisement
Mr. White reported that Mr. Erd was just given a copy of this new Sludge Hauling Agreement that Mr. Carroll has prepared for this Authority. Mr. White stated that the current contract expires on December 31st this year. He stated that he hopes to have it advertised in the paper very shortly,
and the bids will be opened in the middle of November. Mr. White stated that hopefully we will have sufficient time to review the bids and to be prepared to make a decision at our next meeting on December 3rd.
Capacity
Assurance Report (CAP)
Mr. White
reported that the CAP report for this Authority for the period of
NJPDES
Final Discharge Permit
Mr. White reported that the Authority has received its Final Discharge Permit. He stated that at last month's meeting he and Mr. Kelly reviewed the Draft Permit and that we requested four items to be deleted from the permit. Mr. White reported that they have agreed to one - to reduce our ammonia monitoring frequency from weekly to 3 times per month. Mr. White stated that the other three requests were denied. Discussion followed.
Haulers – Winter Discount Program
Mr. White stated that at this time he would like to know if the Authority would like to offer the Winter Discount Program again this year. Mr. White stated that last year we offered the discount program for the months of January, February, and March. Mr. White stated that the Winter Discount Program offers a 20% discount on any volume of waste that exceeds their two-year average, during those months stated. Mr. White reported that there are only a few haulers that are able to take advantage of this offer and that they certainly did increase our volume. Mr. White stated that this did not adversely affect the Authority and in fact it is easier to process the waste during the winter months.
REPORTS
Facilities
Manager
Haulers – Winter Discount Program Cont.
The Chairman asked Mr. White if he was seeking the consent of the Authority to draw the documents up or our consent to proceed with the program. Mr. White stated that the program
would be identical to last year's program except the month of December will be added for a total of 4 months and he thinks it would be best to have the Winter Discount Program approved by Resolution.
The Chairman then stated that he would entertain a motion to amend the Consent Agenda for this evening by adding Resolution 74-08, to authorize proceeding with the Hauler’s 20% Winter Discount Program.
MOTION Moved by Robert Hadley, 2nd by Robert Moshman to adopt a Resolution amending the Consent Agenda by adding Resolution # 74-08 – Authorizing
proceeding with the Hauler’s 20% Winter Discount Program.
The Chairman asked Roll those in favor to signify so by saying Aye.
Commissioners Block, Hadley, Moshman, Murray, and Covelli all stated Aye.
There were no Nays. Commissioner Bigger was absent.
MOTION CARRIED
Mr. White reported that other than that everything is operating fine. He stated that we did have a problem over the weekend, as we had a tree fall on our power line outside of the gate. He reported that the power of was out for 30 hours, which required the use of our emergency generator. Mr. White stated that it has taken a toll on some of our equipment and it also required an emergency fuel oil delivery to keep the generator running.
Commissioner Hadley asked if the rain had any effect on our flow. Mr. White stated no it did not. Commissioner Moshman asked if the plant was in any danger any time. Mr. White stated that he spent the day Sunday on the telephone trying to get some help from Jersey Central Power and Light and they said they would respond as soon as possible. Commissioner Moshman then asked what if our generator had failed, would we then have been in trouble. Mr. White responded there are procedures to handle that. That he could move the water through the plant but that none of the processes would function. Discussion followed.
One of those suggestions that was made was that Mr. White should write a letter to Jersey Central Power and Light with a copy to BPU giving them a full report of what happened and requesting that they prioritize this Authority into an emergency category such as hospitals, nursing homes and the other high-density facilities which aren't normally placed above residential customers.
The Chairman stated that this Authority being without power the 30 hours is unacceptable, but he is very pleased to hear that our internal systems performed. He stated that it is also unacceptable that you did not receive any satisfaction and more accurate information regarding your situation and that they treated the plant as a non-issue.
The Chairman asked Mr. White if he had anything further to report. Mr. White stated his report was completed.
Accounting
Mr.
Ferraioli stated that before he begins his report he would like to ask when the
next meetings were scheduled for. He was
informed that the next meeting, is the November/December meeting will be held
on
Bonds -
Update
Mr. Ferraioli stated that he did not believe he had to explain that the past five weeks have been terrible. Mr. Ferraioli stated that last week they started seeing the market loosen a bit. and the one-year notes that were coming through with the interest rates were 3 1/2 to 4 1/2% which happens to be very high for a one-year note. He stated that this week it has loosened up even more, but as of right now it still doesn't pay for us to Refund our Bonds, and if rates get to where we want them to be when we file; the application the Refunding should save us around
$35,000 .00 per year.
REPORTS
Accounting
Bonds – Update Cont
Mr. Ferraioli stated that he wants to postpone the bond sale for as long as he can in order to make that happen. Mr. Ferraioli explained the logic behind waiting to offer these Bonds up for sale.
. Mr. Ferraioli reported that he has spoken with Mr. Kelly of Boswell Engineering and he is suggesting that the Authority agree to have him submit his bills and have them paid from his Budget Line Item and if it goes over that amount, and if the Board approves it, we would pay the bill - subject to the funds becoming available, which may happen before the January meeting. Mr. Ferraioli stated that the new money, for the projects, if necessary could be sold today, but in order for the Refunding to work we must have both sales happen at the same time.
Mr. Ferraioli stated that he is trying to buy time, the market appears to be getting better but he does not know if we will ever get back to where we were, but there seems to be some favorable activity. Mr. Ferraioli stated that he has approval to sell bonds without having to call another meeting to do that.
The Chairman stated that the good news is that we are refreshing that line item with the new budget and asked Mr. Kelly if he was aware of that. Mr. Kelly stated that he is aware of that and he is OK with what Mr. Ferraioli has projected. The Chairman stated that other than the actual unavailability of the funds, this will not slow us up.
Mr. Ferraioli reiterated that he is almost sure he will be able to sell the Bonds by January and that he will continue to monitor the market.
Adoption
of WVRSA Budget - Fiscal Year 2009
The Chairman asked, for the benefit of anyone who was not present last month, Mr. Ferraioli to do an overview of the Fiscal Year 2009 Budget.
Mr. Ferraioli stated that our budget was up approximately $155,000.00. He stated that out of that he stated that salaries were up $46,000.00, pension was up $28,000 .00, power is $65,000.00 higher and there's $25,000 to pay down the principle of the Note we just rolled over.
The Chairman asked Mr. White how much our power costs are up over the last three years. Mr. White stated that costs have doubled. The Chairman stated that he would like to remind the Commissioners that one of the things we are trying to do here is to reduce those energy costs. The Chairman asked Mr. Ferraioli if we are still continuing our reserve budgeting for the cleaning of the ditches. Mr. Ferraioli stated yes. Commissioner Bolduc asked what was the increase to local Authority was. Mr. Ferraioli informed him that there would be a $100,000.00 increase to the Local.
The Chairman stated that at this time he would open the meeting to the public and stated that anyone that would like to comment or ask a question, providing it relates to the FY 2009 Budget
may do so at this time.
Mayor Dan Mahler asked Mr. Ferraioli what the percentage of increase was. Mr. Ferraioli stated that the increase was 4.3%.
The Chairman asked if there was anyone else that wished to ask a question or make a comment. When no one responded he said that he would close the Public Portion.
The Chairman stated that if there were no other questions of Mr. Ferraioli, he would entertain a motion to adopt the WVRSA Fiscal Year 2009 Budget.
MOTION Moved by Robert Hadley, 2nd by Patrick Murray to adopt Resolution # 73-08
adopting the WVRSA Fiscal Year Budget.
The Chairman asked if anyone wished discussion on this Resolution. When there was no response he asked for a Roll Call.
On Roll Call Commissioners Hadley, Moshman, Murray, and Covelli voted yes.
Commissioner Bolduc voted no. Commissioner Bigger was absent.
MOTION CARRIED
At this time Mr. Ferraioli stated that he would need signatures of the Board members.
REPORTS
Engineering
Mr. Kelly reported that his firm is continuing to work on the design efforts and that he would anticipate that at the next meeting he will have a presentation of their thoughts and design recommendations. Mr. Kelly stated that there are a few areas where there are a few options that we would like some input from the Board.
Mr. Kelly asked the Chairman if they could have a short meeting before the next Regular Meeting. The Chairman stated he had planned to ask Mr. Kelly, in light of our inability to meet prior to this meeting today, if he would like to schedule a meeting with the planning committee. He stated that we can then discuss the options that you have on the table at this time and, come forward with the consensus on how you should proceed. Mr. Kelly stated that he feels that would be very helpful. The Chairman stated that he would leave that up to you and Mr. White to set that up.
Legal
Mr. Erd reported and that the Ringwood Board of Education Agreement was executed this week. He stated that discussions on that Agreement will continue in Closed Session later this evening.
Mr. Erd reported that he received the Sludge Hauling Agreement, which was prepared by Mr. Carroll, from Mr. White. He stated that he will review the documents and return it to Mr. White as quickly as possible.
Mr. Erd stated that his report was completed.
OLD BUSINESS
The Chairman asked if there was anything to be discussed under Old Business this evening. Upon receiving no response he stated that he would move on to New Business.
NEW BUSINESS
The Chairman asked there was adding to be discussed under New Business.
Commissioner
Bolduc stated that he would like us to look into what the cost would be to set
up an alarm system for this Authority.
Commissioner Bolduc stated that Pompton Lakes Sewerage Authority and
several other Utilities have alarm systems, that allow their facilities to be
monitored overnight and apparently it saves quite a bit of money. He stated
that he would like us to look into what the cost would be. He stated that possibly we could contact
The Chairman stated that he would like to refer that to the Finance Committee. Mr. Bolduc stated that he would like a detailed review. Chairman stated that the Committee is chaired by Commissioner Moshman; members are Commissioners Murray and Bolduc with Commissioner Bigger as an alternate. The Chairman stated that he will ask the committee to work with Mr. White on that and then report back to this Board.
Commissioner Bolduc stated that the other item he would like to bring to the Authority’s attention is that we currently have three vehicles, in these economic times where everyone is trying to save money and obviously the burden falls on the WBSA for all the bills for this Authority, he doesn't know what the necessity is to maintaining three vehicles. Mr. White explained that we have 2 Jeeps and 1 truck. The green jeep is the older of the two jeeps
and it is used by the employees running back and forth to the Haskell plant and for running out for supplies etc. Commissioner Bolduc asked if we have two Jeeps. Mr. White stated yes, the Jeep Liberty and green Jeep Cherokee. Mr. White stated that we also have the White pickup truck that we used to plow and to haul equipment. Commissioner Bolduc stated that he is just questioning the necessity of having two Jeeps. He stated that he does not really see the need for us to maintain two vehicles, pay the insurance and pay the upkeep and so forth for you. Commissioner Bolduc stated he cannot see why we cannot eliminate one of them. He stated that unless someone can tell me why it is a necessity to have that third vehicle, he would entertain an application that we eliminate one of them. Mr. White stated that we could sell the older one through a Borough vehicle sale, but he doubted that we would get very much from the sale and that it would be more valuable to keep that vehicle then sell it.
NEW BUSINESS Cont.
Commissioner Bolduc stated he was not concerned about how much we could get for the vehicle, but how much can we save by getting rid of it. Commissioner Bolduc stated that he has still not heard any reason to have two vehicles, we already have one vehicle for town related business - why do we need another one. He stated that unless someone can come up with a reason why we need to maintain two vehicles, I will entertain a motion that we take steps to sell the older vehicle.
Commissioner Murray stated that it also would depend upon what kind of a savings you are going to realize from that sale. Commissioner Murray suggested that before any action is taken we should look into what savings would-be. Commissioner Bolduc reiterated that he has yet to hear a reason for us to have two vehicles when one will do. He stated that no matter how much we realize from the sale, we will save by not having to maintain a second vehicle, buy gas for a second vehicle or pay insurance on a second vehicle.
Mr. White explained that the Jeep is more cost-efficient than the pickup truck. He stated that Jeep’s tires are probably worth more than the entire vehicle. Mr. White believes that due to the age of the vehicle, on the open market it would not get very much and on the Borough Sale you'll get even less. Mr. White stated that the Jeep is more valuable to keep to keep than to sell, also should be necessary, it could also be used for plowing around the plant in the event the pickup truck is unavailable.
Commissioner Bolduc asked how often the older Jeep was used. Mr. White stated every day, to go to the Haskell Pump station, which must be checked every day. Commissioner Bolduc stated that the newer jeep could be used for that purpose. Mr. White stated if the newer Jeep is here that would be correct, but I am not always here, then the other jeep is utilized.
The Chairman stated that he would refer this to the Finance Committee to do, as Commissioner Bolduc suggested, a cost effective analysis to see what all the options are and to find out the book value of the vehicle to determine its sale value.
The Chairman asked if there was anything further to be discussed under New Business. Upon hearing no response he stated that he would now move on to adopting the Consent Agenda
CONSENT AGENDA
The Chairman asked for a motion approving but Consent Agenda.
MOTION Moved by Robert Hadley, 2nd by Robert Moshman to adopt a resolution approving all items on the following Consent Agenda
No. 72-08 – Vouchers - M-11059 – M-11084 Fiscal Year 2008
Vouchers – M-11085 – M-11127.Fiscal Year 2009
NOTE: Payment subject to availability of funds
74-08 – Winter Hauler’s Discount Program – 20%
On Roll Call Commissioners, Bolduc, Hadley, Moshman, Murray, and Covelli all voted yes. Commissioner Bigger was absent.
MOTION CARRIED
PUBLIC PORTION
The Chairman stated that anyone from the public that wish to address this Board, on any issue, to please feel free to step forward and identify themselves for the record.
Ted Roberto,
PUBLIC PORTION Cont.
Scott
Hecht, 10 Apache Trail, Ringwood. Mr. Hecht stated that first off he would like to disagree with the statement that
Wanaque is paying all costs of this Authority. Mr. Hecht
then stated that
he would refer you to your Agenda where you speak about the haulers that come down
here and increase
your income with
the dumping of their trucks, which
come out of Ringwood and probably
Mr. Hecht stated that there has been a lot of talk this evening about responsibility and in being prudent. He stated that in that vein he had a few questions. Mr. Hecht asked do we have a handle on how much storm water infiltration that the plant processes on a monthly or yearly basis. Mr. White responded that it's like hitting a moving target. Mr. White stated that this time of year it is virtually zero Mr. White stated that during rainy portions of the year it could be from 300,000 to 500,000 gal. per day. Mr. White stated that it is a moving target based upon the weather and the level of the reservoir. Mr. Hecht asked if we know what the cost is of treating every hundred thousand gallons of storm water that is treated. Mr. White stated that he does have that calculation, it was done a few years ago it would have to be updated, but he would be happy to provide him with that information at a later time.
Mr. Hecht asked if there has been a study done in the past on this infiltration. Mr. White stated yes there have been many studies done on the infiltration problem. Mr. White stated that the studies were done by Mr. William Kelly, Engineer for the Wanaque Borough Sewerage Authority. Mr. White informed Mr. Hecht that there was TV of the lines and there were two flow studies done over the years. Mr. White stated that the most recent one was approximately two years ago. Mr. White stated that there was subsequent I & I remediation work done based upon the results of those studies.
Mr. Hecht stated once again that Ringwood does pay for your facility through our users for our homes, our schools, as well as our commercial establishments. Mr. Hecht stated that we are paying fees here as well which help offset some of the costs that Wanaque is feeling.
Mr. Hecht stated his thoughts are that while Commissioner Bolduc is concerned about those cost costs, and rightfully so, it would seem prudent to him and responsible that we look at some of the infiltration costs because as you are talking about electric cost and you are talking about the cost of treatment and so forth, that if you are looking at a significant cost savings that certainly would seem to me to be a place to look, to save some money and positively effect Wanaque residents. Mr. Hecht stated that his question then would be, has anyone considered that as an option for cost savings and are you going to be looking at that in the future. Mr. White responded and asked Commissioner Bolduc for verification, that that would be the responsibility of the Wanaque Borough Sewerage Authority. Commissioner Bolduc agreed with Mr. White and stated that it would be the responsibility of the Wanaque Borough Sewerage Authority (WBSA). Mr. Hecht then asked if there were any Commissioners on this Board that were also on the WBSA Board. Commissioner Bolduc stated that yes both he and Commissioner Covelli were on the WBSA Board. He then gave a brief history of the work that was done by the WBSA, until the funds were depleted. Commissioner Bolduc stated that the amount of infiltration went down but was not completely removed.
Mr. Hecht commented that having been here for several meetings and heard all the discussions on the costs/savings that were trying to be accomplished if; he feels that the cost of the Ringwood Board of Education Agreement is insignificant as compared to the costs of the infiltration that is imposed on this plant. Mr. Hecht and asked the Board to be mindful that , when you are talking about the RBOE Agreement, that we are users, as was enumerated earlier, as we are all part of the town and we all contribute to this Regional.
Chairman Covelli stated that the
WBSA as always
coordinated their work
with that of the Borough of Wanaque
in order to keep the costs as low as possible; whenever they
did repaving work
- we went in and replaced old
lines to help
deal with the
infiltration, at the
same time. Chairman Covelli added that
the entire
PUBLIC PORTION Cont.
The Chairman stated if you ask any Municipality or Utility Authority - I & I work is never finished. He stated that in fact it is something that starts the day after the contractor finishes the section of pipe and you continue with forever. The Chairman stated that it is a cost that never goes away. The Chairman stated that the Borough knows of our commitment, with respect to every time they do a road project, we want to be in there; because of the cost of doing it, the most cost-effective way for us to do it is when they already have the road open and they already have a contractor there and we do not have to fix asphalts, we do not have to deal with curb replacements. The Chairman stated that there is a lot that has been done and he does not want Mr. Hecht to leave here tonight thinking that the Local hasn't taken care of these issues.
Mr. Hecht assured The Chairman that he didn't have that opinion; that he was just trying to point out the irony of the two issues, namely the RBOE Agreement, where we are trying to save $10,000.00 to $20,000.00 off of a contract when we have significantly more costs elsewhere. Commissioner Bolduc stated that he appreciated Mr. Hecht’s comments this evening regarding the RBOE Agreement and he did not want to go over it again as it is to be discussed during the Closed Session later this evening other than this; from Wanaque’s perspective they
see the Borough of Ringwood getting a sweetheart deal - three years of no increase and then a cap on the current increase and they said we want the same deal. He stated that they're saying we see a certain percentage increase every year, year after year after year, we’ve never gotten three years without an increase. Mr. Hecht stated that he believes that the hauler fees have increased every year also; therefore, we are also being increased every year. Mr. Hecht thanked the Board for their time and attention.
Dan Mahler, Mayor of Wanaque - Mayor Mahler stated with regards to Jersey Central Power and Light, he asked Mr. White if he had contacted Tom Carroll for assistance on Sunday when the power was out at the plant. Mr. White said that he did not. He stated that he called the Police Department and asked for their assistance and they made some phone calls, the dispatcher told me she could not be any more help than my own direct calling JC&L. Mayor Mahler advised Mr. White that in the future he should contact Mr. Carroll as he has additional contacts there.
Mayor
Mahler stated that on
October 4th he was
to attend any
event at the Wanaque Reserve. He stated
that when he and his wife arrived in their
parking lots at
approximately
The Mayor asked, with regard to the trucks, when was the last increase to the haulers. Mr. White stated that he believed it was this past August. Mr. White added that the rates are
reviewed at least once each year. The Mayor then asked was that percentage increase in line with the percentage of increase in the budget.
The Chairman stated that the criteria used to calculating the increase to the haulers
is different from the criteria that sets the percent of increase in the budget. He stated that
the difference is that we cannot solely look at expenses, what we need to look at is how to keep the plant competitive in terms of what other facilities that receive the material are charging.
The Mayor stated that with regard to the RBOE Agreement, he feels that Commissioner Bolduc has previously stated the feelings of the residents of Wanaque and that they would like to be afforded the same. He stated that he also does not think it is a good idea to give them a fixed rate going forward as you do not know what the costs will be.
The Chairman thanked everyone for their input and stated that at this time he would entertain a motion to close the Public Portion of the meeting.
PUBLIC PORTION Cont.
MOTION Moved by Patrick Murray, 2nd by Andrew Bolduc to adopt a resolution closing the Public Portion of this meeting.
The Chairman asked all those in favor to signify so by saying Aye.
Commissioners Bolduc, Hadley, Moshman, Murray and Covelli all stated Aye.
There were no Nays. Commissioner Bigger was absent.
MOTION
CARRIED
CLOSED SESSION
The Chairman stated that this time he would entertain a motion to go into Closed Session. He then asked Mr. Erd to read the statement regarding the reason for going into Closed Session.
WHEREAS: N.J.S.A. 10:4-12 of the New Jersey Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances generally including any matter(s) of that:
Involves pending or anticipated contract negotiations in which the Authority is or may become a party and;
Involves pending or anticipated litigation in which the Authority is or may become a party;
WHEREAS: the Commissioners of the Wanaque Valley Regional Sewerage Authority are of the opinion that such circumstances presently exist:
NOW THEREFORE BE IT RESOLVED by the Wanaque Valley Regional Sewerage Authority as follows:
A. The public shall be excluded from the discussion on the issue being brought up by Commissioner Bolduc with regard to the Ringwood Board of Education Agreement.
B. It is anticipated at this time that the above matter will be made public when issues regarding an agreement signed between the Wanaque Valley Regional Sewerage Authority and the Ringwood Board of Education have been settled.
MOTION Moved by Andrew Bolduc, 2nd by Robert Moshman to adopt a Resolution, as stated above; BE IT RESOLVED: The Public shall be excluded from discussions of the hereinafter specified matter(s) that mater being the Ringwood Board of Education Agreement.. It is further anticipated that action may or may not be taken upon the return to open session.
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 Bigger was absent.
MOTION
CARRIED
The Chairman asked, for an estimate of the time of the Closed Session, for the benefit of the public. It was stated that it would be approximately 30 minutes.
Closed Session commenced at
MOTION Moved by Robert Hadley, seconded by Andrew Bolduc to adopt a resolution authorizing returning to Open Session.
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 Bigger was absent.
MOTION
CARRIED
The Chairman asked Commissioner Bolduc if he would like to restate the motion earlier that was asked to be held until Closed Session discussions.
MOTION Moved by Andrew Bolduc, 2nd by Frank Covelli to adopt a Resolution asking that this Board rescind the Agreement that we had entered into with the Ringwood Board of Education based upon a mistake of fact.
The Chairman asked there was anyone that wished to have discussion on this Resolution. Upon hearing none, he asked for a Roll Call.
On Roll Call Commissioners Bolduc and Covelli voted yes. Commissioners Hadley, Moshman, and Murray voted no. Commissioner Bigger was absent.
MOTION FAILED
The Chairman asked there any other motions. Commissioner Moshman stated that he would like to make a motion to ratify, adopt and accept the contract as signed by Gregory White and Warren Mitchell on October 27, 2008 between the Wanaque Valley Regional Sewerage Authority and the Ringwood Board of Education, despite the discrepancy in the wording of the Contract and the Resolution that was adopted on September 24, 2008.
MOTION Moved by Robert Moshman, 2nd by Patrick Murray to adopt Resolution# 75-08 to ratified, adopt and accept the contract has signed by Gregory White and Warren Mitchell on October 27, 20008 between the Wanaque Valley Regional Sewerage Authority and the Ringwood Board of Education, despite the discrepancy in the wording of the Contract and the Resolution that was adopted on September 24, 2008.
The Chairman asked if anyone wished to have discussion on this motion. Upon hearing no response he asked for a Roll Call.
On Roll Call Commissioners Hadley, Moshman, and Murray all voted yes. Commissioners Bolduc and Covelli voted no. Commissioner Bigger was absent.
MOTION
CARRIED
ADJOURN
MOTION Moved by Robert Hadley, 2nd Patrick Murray to adopt a Resolution authorizing
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 Bigger was absent.
MOTION
CARRIED
The meeting was adjourned at
Minutes respectively submitted by,
Margaret M. Maas, Recording Secretary