REGIONAL SEWERAGE AUTHORITY
MINUTES
Regular Meeting
June 25, 2008
The WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY
conducted a Regular Meeting, which commenced at 6:05 PM, in the
ANNOUNCEMENT
Mrs. Maas, Recording Secretary, read the following
announcement:
This
is the Regular Meeting of the Wanaque Valley Regional 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 TO THE FLAG
The Chairman led the Salute to the Flag.
Chairman Covelli stated
that before we do Roll Call he wanted to report that he had the pleasure of
visiting Mr. Bigger the other day. He reported that Mr. Bigger sends his
regards to everyone and I'm pleased to report that he is making a very quick
recovery.
He reported that Mr. Bigger told him that his goal
is to be present at the next meeting. The Chairman said he told him we would
welcome you with open arms; so get better and get back.
ROLL CALL
Commissioners
present: Andrew Bolduc, Frank Covelli, Robert Hadley, Robert Moshman
and Patrick Murray
Commissioners absent: Thomas Bigger
Also present: Richard
Miller, Esq., Williams, Caliri, Miller, & Otley
Robert
Bienfield of Hawkins, Delafield & Wood
Marc
Freschi P. E., Boswell Engineering
Gregory
White, Facilities Manager
Margaret Maas, Recording Secretary
REVIEW OF CONSENT AGENDA
The
Chairman stated that we are going to substitute Bond Supplemental #9 for
existing Resolution 50-08. The Chairman asked if there were any other changes
are modifications to the Consent Agenda. The Chairman stated that upon hearing
none he would proceed.
The Chairman stated that before going into Reports
he was going to change the Agenda and asked Mr. Bienfield
to come up and give his presentation with regard to our Bonding.
Mr.
Beinfield thanked the Chairman for moving his report
up to the front. Mr. Bienfield
went over our Official Statements and Insurance. He explained that these are
the documents that we have produced that describe what we are preparing to
distribute to the investors and the investment public, with respect to your
Bonds. Mr. Bienfield
stated that we have two different types of Bonds; one to raise money for Capital
Projects and another to replace existing Bonds that we have and to get a lower
interest-rate. Mr. Bienfield
explained that there are two items that we are waiting for; one is the Moody's
rating and the second is the Insurance rating.
Mr. Bienfield stated that the underwriter has
sent packages to the Rating Agency and the Bonding Insurance companies to get
their quote on what they're going to charge for insurance and a rating. Mr. Bienfield
stated that he spoke with the underwriter today and he said that he is hopeful
that he will have the quote and a rating by the end of this week.
BOND
Mr.
Bienfield stated that once we have those figures; we
can fill in all the blanks and give it out to the public. He stated that once it sets out there for
about a week or so for the people to decide whether or not they're interested
at the interest rate that has been set.
Mr. Bienfield stated that we are very close to
being able to sell the Bonds.
Mr.
Bienfield reported that the Refund portion is only
done to save money; that is its sole purpose. He stated that the Local Finance
Board requires that there must be at least a 3% percent savings over the old
Bond rate. He stated that all depends
upon the interest rate and if that interest rate can generate a 3% savings for
this Authority, then the sale would move forward.
Mr.
Bienfield explained that the document titled New Bond
Resolution #9 is a more in depth statement than the previous Bond Resolution #9
and that this resolution would be the last of several documents necessary for
the Bond Sale and there is a possibility that we will not do the refund. The
refund depends upon the interest rate. If all goes as anticipated we will be
looking for a closing around the end of July.
Mr.
Bienfield stated that what will be necessary this
evening is the approval of a resolution entitled “Bond Resolution Supplemental
#9”, which authorizes the debt generally and allows us to publish an estopel notice in the newspapers, which we can run for a
three week period. Mr. White asked if
when we are ready, would it be necessary to poll the
Commissioners for approval. Mr. Bienfield stated that this resolution delegates power to
the Authority officials/members, so that you do not have to actual convene
and/or wait for your meeting next month, if the time is right you would want to
move. This resolution will approve this
resolution going out to the public in this form; it approves what is called an
escrow agreement, where we have to hold the Refunding Bond money for a couple
of months as you cannot actually reclaim your old bonds until September 1st. It also contains Financial Disclosure
Agreement, which is something that you do every year with your Auditor. Mr. Bienfield
stated that he believes the approval of this Resolution will be the last
official action setting the authorizing, within the parameters stated, of
letting it happen when the time is right.
He stated that it will be for a both “Series A” and the “Series B”. Discussion ensued relating to the procedure
to be used for approving the release of this Bond Issue to the investors, when
the time is right. Mr. Miller stated that he thought that polling the Board, on
this size bond issue, would be the proper way to insure compliance on such
action. The Chairman asked Mr. Miller
if he had reviewed these documents. Mr.
Miller stated that yes he had reviewed it and discussed it with Bond Counsel
and with the Underwriter. The Chairman
asked Mr. Bienfield if it would be OK with him, that
this resolution be addressed within the Consent Agenda, later this evening and
that he be excused for the evening. Mr.
Bienfield stated that that he would like to have one
certified copy, forwarded his office as proof that it has been adopted, and he
would appreciate being excused for the evening.
The Chairman asked for the Engineering Report.
Engineering
Mr.
Marc Freschi, of Boswell Engineering, reported that
he had a meeting earlier this evening with the Long Range Committee (LRC) to
discuss the proposal as prepared by Boswell Engineering.
Chairman
Covelli reported to that Boswell Engineering has
provided the Authority a preliminary estimate on all the projects we have been
talking about as part of our Capital Improvements Program. He stated that this evening Mr. White added a
few miscellaneous items that were not included in the original draft. The Chairman stated with that we have asked
Mr. Freschi to take this information back to the
office and to have the estimates updated and have a final draft available to
the Commissioners before next month's meeting for their review. Once a final estimate is available, reviewed
and approved they will be authorized to begin the design phase.
REPORTS
Engineering Cont.
The
Chairman asked Mr. Freschi if a time frame of
December sounded feasible, for bid advertisement. Mr. Freschi stated
that December or January at the latest was possible.
The
Chairman asked if anyone had any further questions for Mr. Freschi.
Upon hearing none The Chairman stated that Mr. Freschi
was also excuse for the evening and
thanked him for his time.
The Chairman asked Commissioner Moshman,
Chairman of the Finance Committee, if he would like at this time to go into
Closed Session to discuss the results the Finance Committee meeting. There was discussion on the possibility of
other topics for discussion in Closed Session.
The Chairman asked if he were referring to Resolution #50-08 on the
Consent Agenda and stated that that Resolution #50-08 was going to be
removed. Commissioner Moshman agreed.
The Chairman stated that he would entertain a motion
at this time to go into Closed Session.
MOTION Moved
by Robert Moshman, 2nd by Patrick Murray
to adopt a Resolution
#52-08
stating that:
WHEREAS;
N.J.S.A. 10-4:4-12 of the N.J. Open Public Meeting Act permits the exclusion of
the public from a meeting in certain circumstances, generally including any
matter of that involves pending or anticipated contract negotiations in which
the Authority is or may become a party.
WHEREAS:
the Commissioners of the Wanaque Valley Regional Sewerage Authority are all of
the opinion that such circumstances presently
exists:
NOW,
THEREFORE, BE IT RESOLVED by the Wanaque Valley Regional Sewerage Authority as
follows:
A. The Public shall be excluded
from discussions of the hereinafter specified matter(s): The Liquid Waste Disposal Rates and Lab
Fee's
Increase and the
Ringwood Board of Education Agreement.
B. If is anticipated at this
time that there will be action taken upon the return to Open Session and that
the discussions on this matter will be made public when the rates have been
formally adopted and the agreement with
Ringwood Board of Education has been fully executed.
C. This Resolution shall take
effect immediately.
The Chairman asked for
all those in favor to signify so by saying Aye.
Commissioners Bolduc,
Hadley, Moshman, Murray, and Covelli
all stated Aye. There were no Nays or
Abstentions. Commissioner Bigger was absent.
MOTION
CARRIED
Closed Session commenced at 6:30 PM and was
concluded at 7:15 PM with the following motion
.
MOTION Moved
by Robert Hadley seconded by Robert Moshman 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. There were no Nays or
Abstentions. Commissioner Bigger was
absent.
MOTION
CARRIED
At this time the Chairman stated that he would move
to Old Business and asked Commissioner Moshman,
Finance Committee Chairman to give the report.
OLD BUSINESS
Finance
Committee Report
Ringwood
Board of Education Agreement
Commissioner
Moshman stated that the Finance Committee has been
considering this question of the Water and Sewage Operations Agreement for the
Ringwood Board of Education for two months.
He stated that we have held two separate Committee Meetings, discussed
it at the last Regular Meeting and after two Closed Sessions, including the one
that was just concluded; the consensus reached in Closed Session, which we can
now vote on, came to the conclusion that as prices have increased radically,
and that we should offer the Ringwood Board of Education a 2-year contract,
which would involve an increase of approximately 20% a year, which would come
to $42,500.00 for the first year and $50,400.00 for the 2nd year. Therefore, the Ringwood Board of Education
Agreement would go from the current $34,167.00 to $42,500 00 this year and then
for the 2nd year of the two-year package it would be $50,400 .00.
The Chairman stated that hearing nothing further
that will be what is on the Consent
Agenda as Resolution #48-08
- Ringwood Board of Education Agreement.
The Chairman stated that the Maintenance Fees are
also built in as a part of that Agreement.
The Chairman asked if anyone had anything else to
add to this report. Upon hearing no
response The Chairman asked for the Facilities Manager Report. .
Facilities
Manager
Noise
& Odor Control Report -Update
Mr.
White reported that there is no update due to no
additional work being done. Mr. White stated that all odor control units are
working well and that he has not had a single odor complaint in the past
several months, which included the heat wave we recently experienced. Mr. White stated that if we do get any
complaints I will include them in the Odor Control Report.
Plant
Flow, Operations, Revenue-Update
Mr.
White reported that the Plant Flow is back to average, about 900,000 gallons
per day. He stated that the Revenue is
continuing steadily; that the trucks are rolling in as we hoped and that the
plant is running extremely well with no problems.
TWA
Application –
Mr. White reported that he received
Treatment Works Approval (TWA) Application from
Mr. William Kelly, Engineer for WBSA. He
stated that it is for a Sewer Extension on
The Chairman
asked if there any questions or if
anyone wished to
have a discussion. Upon hearing
no response Mr.
White continued with
his report.
Disposal
Rate and Lab Fee Schedule
Mr. White stated that the schedule that is in everyone's packet reflects the increase in rates that was discussed at last month’s meeting. He stated
that the increase
is $0.0025 (2.5/10 cent). Mr. White stated that it is all reflected on the schedule, all the rates
have been increased
by the same amount. Mr. White stated that if everyone is
in favor he would like
to have the schedule approved as a whole, effective
8/1/2008. Mr. White stated that
the Haulers will be so
notified. Mr. White stated that this increase in the rates will realize us approximately
$49,000 .00 of additional revenue, based upon
last years volume. Mr. White
stated that this
is also on the Consent Agenda as No. 51-08.
REPORTS
Facilities Manager Cont.
Mr. White reported
that he was subpoenaed to attend
a hearing in
Mr. White stated that earlier in the meeting Chairman
Covelli alluded to, during our Closed Session, was
that we have been getting a lot of bad financial news here at
the Authority on the
anticipated increases in hauling
costs, fees, etc. He stated
that one thing that is on the horizon is our Sludge Hauling Contract
which expires at the
end of this year. Mr.
White stated that
we will have to go out on bid for Sludge Hauling to begin
on January 1, 2009. Mr. White
stated that we are currently paying
2.1 cents per gallon. Mr. White
stated that the numbers he is hearing from the haulers are in the range of 5 to 6 cents per gallon. Mr. White
stated that if fuel
rates continue to
escalate we will
probably be looking
at a 200 to 300 percent increase
in Sludge Hauling costs.
Commissioner Bolduc asked what would be the dollar equivalent. Mr. White
stated possibly $50,000
.00. Mr. White stated he would try to get a more accurate figure once
his report has been completed. Mr. White
stated that his report was completed.
Chairman asked if anyone had any questions of Mr. White on his report. Upon hearing
none; the Chairman
asked for the Legal Report.
Legal
Report
Mr. Miller stated that there was not a lot happening since the
last meeting. He stated that he worked with Bond Counsel and with the Underwriter
on the Bond Sale. Mr.
Miller stated that
he worked on the Resolution and
the Official Statement
and that portion
of the Official
Statement that describes
the operation of
the Authority the
factual
portion. Mr. Miller
stated that as Bond Counsel indicated
earlier; the documents
appear to be ready to go when the insurance and the rates justify it.
Mr. Miller stated that he worked with Mr. White on the subpoena, on what documents had to be produced.
Mr. Miller stated that he has a form of resolution that deals
with going into Executive/Closed Session. Mr. Miller
stated that this
came out of last meeting at which
Chris Erd attended
in his absence. Mr. Miller
stated that it relates to the various
reasons why this
Authority can go
into Executive/Closed Session and how they should be expressed. Mr. Miller stated he would like to distribute it to
the Commissioners and
to the Recording Secretary. Mr. Miller
stated that this
has been copied directly from the New Jersey State Statues
and sets out the twelve reasons why you're
entitled to go into Executive/Closed
Session.
Mr. Miller stated that he did do a revision on Mr. White's employment contract, again
based on what Mr. Erd indicated
was discussed at
the last meeting. Mr. Miller stated that we will be holding onto that, as it is
being tabled for
this evening. Mr. Miller
stated that he
will have the
final form ready possibly
for the next meeting.
Mr. Miller stated
that his report was
completed.
The Chairman asked
if anyone had
any questions of
Mr. Miller. Upon hearing
none the Chairman
asked there was any other Old Business to be discussed. Upon receiving
a response, the
Chairman stated he
would move on
to New Business.
NEW BUSINESS
The
Chairman asked if
there was anything
to be discussed
under New Business. Upon hearing none the Chairman
stated he would
go to the Public Portion of
the meeting.
PUBLIC PORTION
The Chairman stated
that anyone wishing
to address the
Authority may do so
at this time. He asked that they step up to the microphone and identify
themselves for the
record.
Ted
Roberto,
Dan
Mahler, Mayor of Wanaque. The Mayor stated
that he agrees
Mr. Roberto's comments. The Mayor
asked if the Ringwood Board of
Education will be
charged for any gray
water they send here.
He was told yes. The
mayor asked if
they will be back charged for
deliveries made in
the previous year. After some
discussion, Mr. Miller
was asked to research the issue.
John
Di Meglio, Wanaque resident. Mr. Di Meglio stated that
upon visiting the W
B S A offices a few weeks ago, during the heat wave, he discovered that the
Secretary, Mrs. Schlagel,
had a window open as it was too cold in her office, due to the low temperature the
air-conditioning system created. Upon leaving,
Mr. Di Meglio reported that he noticed a window Mrs. Parinello’s office was
likewise open. Mr. Di Meglio reported that
he spoke with
Mr. White regarding
this situation. He stated
that Mr. White
informed him that there
was no automatic
temperature control on the air-conditioning system
and that, due
to the age of the unit; they
were pleased that it
was running and
keeping them cool. Mr. Di Meglio voiced his
concern at what
appears to be
a waste of energy. Mr.
Di Meglio stated that he feels the Authority should
have taken the
monies that were spent
planting trees on
the grounds and
used it to upgrade
the air-conditioning system.
The Chairman
asked if there
was anyone else
that wish to address this Board. Upon hearing no response he stated
that you entertain
a motion to close the Public
Portion of this
meeting.
MOTION Moved by
Patrick Murray, 2nd by Robert Hadley 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,
Hadley, Moshman, Murray, and Covelli
all stated Aye. There were no Nays or
Abstentions. Commissioner Bigger was
absent.
MOTION
CARRIED
CONSENT AGENDA
The Chairman
stated we are
now ready to address the Consent
Agenda. The Chairman reminded everyone
that Resolution #50-08 has been changed to Bond
Resolution Supplemental #9.
He then asked
for a motion approving the consent
agenda with Resolutions
#45-08 thru #51-08 as
stated.
MOTION Moved
by Robert Hadley, 2nd by Robert Moshman to
adopt a resolution adopting and approving all items on the Consent Agenda.
No.
45-08 – Correspondence – 05-23-08 – 06-20-08
46-08 – May 28,
2008 Regular Meeting Minutes
47-08 – Vouchers – M-10912
– M-10949
NOTE: Payment subject to availability of funds.
48-08 – RBOE Agreement
49-08 – TWA
Application –
50-08 – Bond
Resolution Supplement #9
51-08 – Disposal
Rate and Lab Fee Schedule Approval
CONSENT AGENDA Cont.
The Chairman asked
if there were
any questions or
if anyone wishes to
discuss any of
the above stated
Resolutions.
Commissioner Bolduc asked Mr. White, regarding
the Disposal rates that
we are going to charge, for such
as Gray Water, Septage
and Grease, and may be changed by us at
any time. Mr. White
stated yes. Discussions concluded, the
Chairman asked for a vote.
On Roll Call Commissioners Bolduc,
Hadley, Moshman, Murray, and Covelli all voted
yes. Commissioner
Bigger was absent.
MOTION
CARRIED
The Chairman
stated at this
time he would
entertain a motion
to adjourn this
meeting.
MOTION Moved
by Patrick Murray, 2nd by Robert Hadley to adopt a Resolution
authorizing closing 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. There were no Nays or
Abstentions. Commissioner Bigger was absent.
MOTION
CARRIED
The meeting
was adjourned at
7:30 PM
Minutes respectively
submitted by,
Margaret M. Maas, Recording Secretary