REGIONAL SEWERAGE AUTHORITY MEETING
MINUTES
February 25, 2009
Regular Meeting
The WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY
conducted a Regular Meeting, which commenced at 6:45 P.M., in the
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 Meeting 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 TO THE FLAG
The Chairman stated that we will dispense the Salute to the Flag as it was pledged
earlier this evening.
ROLL CALL
Mrs. Maas, Recording
Secretary took Roll Call.
Commissioners Present: Andrew Bolduc, Harry Clark, Robert
Hadley, Robert Moshman, Patrick Murray and Frank Covelli
Also present: Richard Miller,
Esq., Williams, Caliri 8, Miller & Otley
Charles
Ferraioli, Jr., Ferraioli, Wielkotz, Cerullo & Cuva
James Kelly, P.E., Boswell
Engineering
Gregory White,
Facilities Manager
Margaret Maas,
Recording Secretary
CORRESPONDENCE LIST - 01-24-09 - 02-22-09
The Chairman stated everyone
should have in their package this evening the Correspondence List for the
period of 01-24-09 - 02-22-09 for your review. The Chairman stated they will be filed accordingly.
MINUTES - Regular Meeting 01-29-09
The Chairman asked for a
motion to accept the minutes of 01-29-09.
MOTION Moved
by Robert Hadley, 2nd by Patrick Murray to adopt a Resolution
accepting and approving the minutes the 01-29-09 Regular
Minutes.
The Chairman stated that he had additional language
regarding the need to conduct this meeting pending state deadlines for
Grant/Loan applications consistent with the impending Federal Economic Stimulus
Package legislation. He stated that he
had some further additions as noted.
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 abstained.
MOTION
CARRIED
REPORTS
Facilities
Manager
Monthly
- Noise and Odor Control Report - Update
Mr.
White reported that all odor control units are operating and functioning
properly. Mr. White stated that the
manufacturer will be here next month in March. They
owe us two service days as per the last contract and we're
going to utilize those days before the contract runs out.
PMK Energy Consultant - Update
Mr.
White reported that he received information via the e-mail about one hour
before this meeting and that he copied it to Chairman Covelli. Mr. White reported that the information related to the
Natural Gas Co-operative Purchasing Group.
Mr. White reported that PMK is continuing to
question prospective municipalities and the Utility Authorities.
Mr.
White stated that PMK has presented another proposal
as they are considering drilling a test well to determine whether the Geothermal heat system would be feasible here. They have included a proposal for our review
as well. Mr. White stated that the
proposal is for $18,000 .00.
Mr.
White stated that once he and the Chairman have reviewed this information; he will see that everyone receives a copy.
Mr.
White reported that with regard to the determination of our Carbon Foot Print
or greenhouse gas emissions; PMK
was ready to release that document to us until they found out that the State
had changed the formula for the calculation of that assessment. Mr. White stated that as they wanted to be in
full compliance with the state regulations, they have asked to be given another
two weeks in order to properly calculate the number
based upon the current formula
REPORTS
Facilities
Manager
The Chairman stated that in the e-mail from PMK, regarding to the Natural Gas
Co-op., the Borough of Wanaque, West Milford MUA, the city of
Mr.
White reported with regard to the WMMUA sludge, he
had another conversation with Miss Judy Kerr, Executive Director; she is still
awaiting information regarding their new PVSC sludge
disposal costs. He stated that she is
not yet able to confirm that number and therefore cannot calculate her
costs. Mr. White stated that he has our
disposal cost determined exactly and that we are ready to go, whenever she
is. Mr. White stated that what is
paramount in making this feasible - is that we ensure that we will be able to
thicken the MUA sludge. Mr. White stated that to make it absolutely positive in his mind that this will work he wants
the Authority to accept another load of sludge to see if dewatering their
sludge is feasible. He stated that if
the numbers remain the same then he will know, beyond the shadow of a doubt,
what the thickening factor will be and it will be easier for us to sit down at
the table the MUA.
The Chairman stated that he would
like a motion authorizing the Authority receive another truckload of
sludge delivered from WMMUA.
MOTION Moved by Robert Hadley, 2nd by Harry Clark to adopt
Resolution authorizing Mr. White to contact West Milford MUA
to send us another truck load of sludge to be tested to determine the
feasibility of dewatering the sludge.
The
Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Clark,
Hadley, Moshman, Murray and Covelli all stated Aye.
MOTION
CARRIED
Mr.
White reported that he received a call from Mr. Carmine Scangarello,
Chairman of the WMMUA. Mr.
White stated that Mr. Scangarello inquired about the sludge treatment options and what was transpiring. Mr. White reported that he had informed him
that we were awaiting additional information from the MUA.
Mr.
White reported that the second item that Mr. Scangarello
inquired about was that he wanted to inform us that the WMMUA
was going out on public bid for the operation and maintenance of their water
and wastewater systems and he asked if this Authority would be interested in
submitting a bid proposal.
REPORTS
Facilities
Manager
Mr. White reported that he told Mr. Scangarello
that he would have to query the Board to determine their interest, and he also
stated that it would be paramount that I get a chance and members of this
Authority have a chance to view the plants to determine 1) what condition
they're in and then 2) look at some past records to determine what their
compliance has been with their permits.
Mr.
White then asked the Commissioners first - what is the interest of the
Authority - second -would they like to proceed with the initial discovery
process where members of this Authority look at their Facilities. Mr. White stated that he was
offered an invitation to go around with Mr. Scangarello
to view these plants. Mr. White stated
that if this Authority chooses to do this he is extending the invitation to any
member(s) of the board that wished to participate. Mr. White stated that it has been more than
10 years since he visited any of the
Mr.
White stated that if everyone was in agreement he
would like to get authorization to view these facilities with any member(s) of
the Board, in the near future, and then report back either to the Board or
group of Commissioners. The Chairman
asked for a voice vote and everyone appeared to be in
agreement. Almost all of the
Commissioners indicated that they would be interested in accompanying Mr. White
on the tour. The
Chairman stated that it was not necessary for him to go as he is already seen
the plants, and he would like it placed on the record,
that he insures the WMMUA.
Plant
Flows - Operations
Mr.
White reported that currently we are running approximately 900,000 to 950,000
gal. per day, which is typical for this time of year. Mr. White reported
that our plant is operating extremely well even with the frigid weather we've experienced recently.
We haven't had any problems whatsoever. Mr. White reported that the truck
deliveries have been very sporadic due to the weather. When the weather is good
they get very busy but when it gets very cold the deliveries almost halt.
Revenue
Mr.
White reported that the revenues are down $57,000.00, as compared to the first
four months of FY ‘08. Mr. White stated
that he was hoping for a strong summer to boost revenues.
REPORTS
Accounting
Bond
Sale
Mr.
Ferraioli thanked the Board for his appointment. Mr. Ferraioli stated that as you know
we have been trying to sell Bonds. He
then reviewed the state of Bond Market from the end of 2008 to now. Mr. Ferraioli
stated that rates that are coming out are terrible. He reported that Wanaque Borough sold bonds
this week the rate they received was 2.95% which is not great
but they did sell their Bonds. Mr. Ferraioli stated that he was hopeful that the Authority’s
rating will get upgraded by Standard and Poor's, who have been coming out with
higher ratings than Moody’s recently. He
stated if that happens we should be able to get a
better rate. Mr. Ferraioli
stated that if we get upgraded it will not only get us
a better interest rate, hopefully we will be able to do the Refunding Bonds -
sell new Bonds at a lower rate than the old Bonds.
Mr.
Ferraioli stated that the next issue that we must
look at is the new money for our construction.
He stated that we are looking to sell about 2.2 million, and that was in
the form of zero coupons Bonds, which we would begin paying off in 2023. Mr. Ferraioli
stated that they were structured that way because our
current debt ends in 2022. He stated the
problem is that there hasn't been one of these sales
in about six months. Mr. Ferraioli stated that Brian Burke, our Bond Underwriter,
has commented that he cannot guarantee selling all the money, but we have asked
him to move forward as we are going to need the cash.
Mr.
Ferraioli reported that regarding the Stimulus Bill
from the Federal government; it has not yet been
authorized by the State of
Mr.
Miller stated that he also spoke with former Congressman Roe, regarding the
Grants, and he reported that as of Monday it looked like it was going to be all
Loans; but today he stated that they were going to be voting today, regarding
making it 50% Loans and 50% Grants. Mr. Miller reported that Congressman
Roe asked if it turns out to be 50% Loan - 50% Grant were we still
interested. Mr. Ferraioli
gave a thumbnail explanation of the upgrade that we are planning.
The
Chairman asked that Mr. Miller and Mr. Ferraioli have
additional discussions with Bond Counsel to stay on top of this situation.
Mr.
Kelly, of Boswell Engineering stated that they got a clear message from the DEP regarding the upcoming project. He reported that Mr. Stan Cash, of NJDEP stated that it will likely
be Grant money. Mr. Kelly stated that he
has had many meetings with NJDEP, in preparation for
this. He stated that he will be in
REPORTS
Accounting
Mr. Kelly said the goal now is to get the State to
sign off on the Additional Aeration Project and not jeopardize the rest of the
project. We then can make a judgment on
the rest of the package if the money does come through.
Mr.
Ferraioli suggested that we go forward with the Bond
sale as planned.
The Chairman thanked Mr. Miller for his diligence in
getting a meeting with former Congressman Roe and for getting his assistance
for the Authority
Audit
Report
Mr.
Ferraioli distributed copies of the Resolution
accepting the FY 2008 Audit Report, as prepared by his firm. Mr. Ferraioli then
went over the report. He stated that he
had two comments the first one is regarding the Operation and Maintenance
Reserve Account at Bank of New York. Mr.
Ferraioli explained that when this account was
originated it was based on a six month operating budget, back when the
Authority was in the construction phase. He stated that according to the Bond
wording, we do not comply. Mr. Ferraioli stated that as today's
budgets are so very much higher it would not be financially possible to
comply. He said that this is a common
finding in many budgets. Mr. Ferraioli stated that the second comment is regarding the
Authority’s payroll service. They still do not move
the monies that they deduct for unemployment to their proper destinations. He stated that he will
have one of his employees assist the Authority in looking into that.
Mr. Ferraioli stated that
the resolution approving the Fiscal Year 20008 Audit Resolution is on the
Consent Agenda for this evening. Mr. Ferraioli stated that he will also
be needing signatures on the Audit Report that must be submitted. Mr. Ferraioli also
reminded Mr. White that the Audit must be submitted to
the newspapers, for publication.
Engineering
Mr.
Kelly stated that the majority of his report had been
discussed earlier.
Mr. Kelly reported that he will
need two checks this evening for permits, one for Johnson Soil – the Boring Fee
and one addressed to the Treasurer, State of
REPORTS
Legal
WVRSA Bylaw Amendment
Mr.
Miller reported that at the January meeting of the Authority, the issue of a
Commissioner participating in a meeting by telecommunication was
discussed. The Commissioners
present indicated a desire to permit that to occur, and to formalize those
arrangements. Mr. Miller stated that in
order to do so, it is recommended that the Authority's
Bylaws be amended to make specific reference to that procedure.
Therefore,
I have prepared the following amendment to the Bylaws:
Section 3.09 Quorum and
Voting Requirements. A
majority of the entire authorized membership of the Authority shall constitute
a quorum at any meeting thereof. Action may be taken
and motions and resolutions adopted by the Authority at any meeting of the
members thereof by a vote of a majority of the members present. The names of the members voting for and
against each action proposed before a meeting shall be entered
upon the minutes thereof. The presiding
officer of any meeting of the Authority, including the Chairperson or the
Vice-Chairperson, shall have the right to vote.
Any or all Members may participate in, and be regarded as present at,
any meeting of the Authority or a committee of the Authority by means of
a conference telephone or any means of communication by which all
persons participating in the meeting can hear each other at the same
time.
Mr.
Miller stated that attached to the Resolution is the Legal Authority behind
this Resolution. Commissioner Moshman indicated that he had some comments, and changes to
the form of the proposed amendment. Mr.
Miller then suggested that this proposal be tabled
until the next meeting in order to give all Commissioners sufficient time to
review it. Mr. Miller then stated that
his report was completed.
OLD BUSINESS
The Chairman asked if there was anything that needed
to be addressed under Old Business. Upon receiving no response
he stated that he would move on to New Business.
NEW BUSINESS
Recording
Secretary - Request for Fee Increase
Mr.
White reported that Mrs. Maas, Recording Secretary has submitted a written
request for a fee increase. Mr. White
stated that Mrs. Maas is requesting an increase of $10 .00 for attending
meetings and an increase of $10 .00 to produce the minutes of each
meetings. The Chairman opened the floor
for discussion.
Commissioner
Bolduc asked Mrs. Maas how long she had been functioning in this position. Mrs. Maas stated that she retired as March
31, 2007, which means is that she is about to begin her third year as Recording
Secretary.
NEW BUSINESS
Recording
Secretary - Request for Fee Increase Cont.
Commissioner
Bolduc stated that his only concern was the possibility of other employees of
the Authority being concerned with this increase as compared to the percentage
increase that they have they received .
Mrs. Maas stated that she is not an employee of the Authority, but that
she is a contractor to the Authority, but had she been an employee, she would
have received a percentage increase in October 2007 and October 2008 and would
be looking forward a percentage increase in October 2009.
The
Chairman polled the Commissioners for any further comments. Commissioner's
Hadley, Murray and Moshman
all stated they had no problem with granting this increase.
Mr.
White stated that this Resolution is on tonight’s Consent Agenda.
PUBLIC PORTION
The
Chairman stated that anyone from the public wishing to address this Board,
identify themselves for the record. Upon
receiving a response The Chairman stated that you
entertain a motion to close the Public Portion of the meeting.
MOTION Moved
by Robert Hadley, 2nd by Andres Bolduc to adopt a Resolution authorizing
closing the Public Portion of this meeting.
The
Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Clark,
Hadley, Moshman, Murray and Covelli all stated Aye.
MOTION
CARRIED
CONSENT AGENDA
The
Chairman asked for a motion approving the Consent Agenda.
Resolution
# 17-09 - Vouchers - M-11234 - M-11282 Fiscal Year '09
NOTE:
Payment subject to availability of funds.
#18-09 - Recording Secretary Fee
Increase
#19-09 - Fiscal Year 2008 Audit
Resolution
MOTION Moved by Robert Hadley, 2nd by Andrew Bolduc to adopt a
Resolution adopting and approving all items on the Consent Agenda.
On Roll Call Commissioners
Bolduc, Clark, Hadley, Moshman, Murray
and Covelli all voted yes.
MOTION
CARRIED
ADJOURN
The
Chairman stated that he would entertain a motion to adjourn the meeting.
MOTION Moved
by Andrew Bolduc, 2nd by Patrick Murray to adopt a resolution authorizing
adjourning this meeting.
The
Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Clark,
Hadley, Moshman, Murray and Covelli all stated Aye.
MOTION
CARRIED
The meeting was adjourned at:
7:50 P.M.
Minutes respectively submitted by,
Margaret M. Maas, Recording Secretary