The WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY conducted a Regular Meeting, which commenced at 6:10 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 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 Municipal Building.
SALUTE TO THE FLAG
The Chairman led the Salute to the Flag.
ROLL CALL
Commissioners Present:
Andrew Bolduc, Harry Clark, Robert Hadley, Robert Moshman and Frank Covelli.
Commissioners Absent:
Patrick Murray
Also Present:
Richard Miller, Esq., Williams, Caliri, Miller & Otley
Frank Rossi, P.E., Boswell Engineering
Gregory White, Facilities Manager
Margaret Maas, Recording Secretary
CORRESPONDENCE
The Chairman stated that everyone has in their folders a copy of the Correspondence List for the period of 06-19-09 – 07-20-09. He asked if anyone had any corrections, comments or questions regarding this list. Upon receiving no response, he stated that the Correspondence List would be placed on file.
MINUTES – 06-24-09 Regular Meeting Minutes
The Chairman asked for a motion to approve the Regular Meeting Minutes of 06-24-09.
MOTION Moved by Robert Hadley, 2nd by Robert Moshman to would adopt a Resolution accepting the June 24, 2009 Regular Meeting Minutes. The Chairman asked if anyone wished to have discussion on these minutes. Commissioner Clark stated that he wished to discuss the contents of the minutes in Closed Session, for reasons of possible litigation. Commissioner Hadley then withdrew his motion and Commissioner Moshman withdrew his 2nd on the Motion. The Chairman stated that discussion would be held in Closed Session and upon returning to Open Session a new motion may or may not be moved.
CONSENT AGENDA
The Chairman asked if everyone has had a chance to review the Consent Agenda for this evening. The Chairman stated that there are two Resolutions listed:
Resolution # 40-09 and #41-09 and asked if anyone wished to have discussion on either of those Resolutions. Upon hearing none the Chairman stated he would move onto Reports and asked Mr. White for the Facility Manager's report.
REPORTS
Facilities Manager Monthly Noise and Odor Control Report – Update
Mr. White reported that there have been no odor complaints submitted to the Authority to the best of his knowledge. He reported that the misters were not required and that the odor control units are running 24 hours a day and running extremely well.
West Milford Municipal Utilities Authority (WMMUA) – Proposals
Mr. White stated that he was asked to draft a proposal to provide administrative and technical assistance to the WMMUA. Mr. White stated that a copy of that proposal has been placed in everyone's packages there were sent home for this evening’s meeting. Mr. White stated that if anyone had any questions, regarding that proposal, he would be happy to answer them at this time. The Chairman asked Mr. White if there was a Closed Session scheduled for this evening. Mr. White asked if the Chairman would like to hold this discussion until then. The Chairman stated yes. He added that we are going to have further discussion where we left off last week on Personnel - for Mr. White and for the employees as well as for the WMMUA/ contract negotiations. Commissioner Bolduc asked Mr. White, with regards to Resolution #41-09 – RBOE Contract Increase – 4%, is that contract a one year contract. Mr. White stated that is a five-year contract and that one year has now elapsed, which calls for a maximum 4% increase to the RBOE.
Lab Fee and Disposal Rate Review
Mr. White stated that the Finance Committee needs to meet during the month of August to do the Annual Disposal Rate review, to determine whether a rate increase is warranted. Mr. White stated that it is at this time the Finance Committee will decided what the new disposal rate that we charge the haulers will be and what rate we will charge our analytical laboratory customers. The Chairman asked Mr. Miller if he would please attend that meeting. Mr. White stated that it would be ideal of this meeting could take place in the first two weeks of August.
Haskell Force Main – Update
Mr. White stated that at the last meeting it was undetermined whether we had to do additional work, as we were not certain if there was an additional break in the Force Main.. Mr. White stated that he consulted with Mr. Rossi to perform some diagnostic evaluation and it was decided to do a dye test. Mr. White stated that after placing dye into the Force Main they found that none of the dye appeared in the waters surrounding the repaired pipe and it was determined that there was not an additional break. Mr. Rossi will report further during his portion.
Facilities Manager RBOE Contract Increase – 4%
Mr. White stated that if you recall we have a five-year agreement with the RBOE, for the operation and maintenance of a discharge to surface water wastewater treatment plant, located at the Robert Erskine School. He stated that the first year of that contract has now elapsed. Mr. White stated that Clause # 2 of the contract provides that in Year 2: July 1, 2009 thru June 30, 2010, the RBOE shall pay the base amount of $34,167.00 plus the greater of 4% or the Consumer Price Index (CPI) for the previous twelve (12) month period ending June 30th. Mr. White stated that he consulted with Mr. Ferraioli last week regarding this issue. Mr. Ferraioli’s recommendation was that the Board should approve of 4% increase to the RBOE. The Chairman suggested that, for the file, Mr. White go on the website and printout the CPI report for the preceding 12 months, so that can be made a part of a file. Mr. White stated that he has already done that.
Fiscal Year 2010 Budget Preparation
Mr. White reported that he and Mr. Ferraioli will be meeting next week to begin preparation of next year's budget.
Updates - Flow, Revenue, Operations - Flow
Mr. White reported that the flow coming into this facility has decreased to approximately 900,000 gallons per day. He reported that the infiltration that is coming into the facility is decreasing. Revenue - Mr. White stated that several months ago he stated that, due to severe winter months that we had, our revenue was lagging behind projections. He stated that we were $50,000.00 or more behind last years’ amount. Mr. White stated that he was pleased to report that we have caught up and that he is very confident that we will meet the budget projection of $950,000.00. Mr. White stated that if we continue to receive volume at the current pace we should be within a few thousand dollars of the projection. Operations - Mr. White reported operations at this facility are going very well, there are no problems here. He stated that the RBOE plant is idle as school is not in session. The James Drive Plant had several minor issues, but everything is running fine now. Mr. White stated that his report was completed and asked if any of the Commissioners had any questions on any of his reports. Commissioner Bolduc asked with regards to the WMMUA Administrative Proposal - will that not stretch you even thinner then you already are; considering all the other duties that you have. Mr. White responded to Commissioner Bolduc by referencing the last
paragraph of the proposal; where it states that if he is needed that he shall provide service via telephone and visitation to the MUA office in the early morning or late afternoon on his way to and from work. The Chairman asked there any further questions for Mr. White and upon hearing none and stating that as there would be no report from the Auditor, asked for the Engineering Report.
Engineering
Mr. Rossi reported that over the course of the past month he has completed the maps and plans for our shovel ready project. For the plant improvement portion we have made the addition on behalf of the Force Main portion we have included the recent repair. Mr. Rossi stated that what we found, with regard to the Force Main Break. that it may have been due to a bad pipe. Mr. Rossi stated that what they recommend is replacing a portion of the Force Main - but leaving the old one in place and it can then be used for by-pass when needed. Mr. Rossi stated regarding their recommendation; he has contacted the Infrastructure Trust and they have said OK regarding adding it to the current project. Mr. Rossi stated that to accommodate this addition we have had to modify the TWA Application, which needs the Chairman's endorsement this evening. Mr. Rossi stated that along with that endorsement we will need four new permit applications with the fees attached endorsed also. Mr. Rossi stated that he does not expect any problem regarding the permits and feels that this will not jeopardize the project in any way. Mr. Rossi stated that, as requested, he has prepared the payment schedule for Mr. Ferraioli and will forward the same to him at his office. Mr. White stated that if anyone would like to look at that piece of HPS pipe- it is here at the plant, just outside the garage door, if any of the Commissioners would like to inspect it. Commissioner Moshman asked if there's any chance that this addition will knock us down the list. Mr. Rossi explained that he was informed, when he spoke with the Infrastructure Trust people, that they believed that it would present no problem; that if for some reason it was determined that the Force Main repair portion was deemed ineligible; the original project would go forward and the Authority would be responsible for the costs of the Force Main repair. There was discussion regarding our position on list of projects to be approved. Mr. Miller responded that what he has heard we look to be in a pretty good
position. The Chairman asked when we will be ready to go out to bid. Mr. Rossi stated that the State needs to give us the authority and they cannot do that until all the reviews are completed and once all the permits and fees are in they will make that decision; probably sometime in September/October. Mr. White stated that the Permit applications have been prepared and are here this evening for the Chairman’s signature. He stated that he also has had prepared four checks that need to be signed and then attached to those applications. Commissioner Hadley asked what the time frame for this project to be completed was. Mr. Rossi stated that it would be a 10 month project. The Commissioner then asked Mr. Rossi if he had a cost figure, for what the Force Main would be. Mr. Rossi stated that the total cost of a Force Main replacement is $80,000 .00. Commissioner Clark commented that the pipe he inspected earlier this evening has scaling and corrosion visible on it. He
asked if the Authority had any recourse towards the pipe company. Discussion ensued. The conclusion of discussions was investigating the damage would be costly and that there were other mitigating circumstances with regard to the installation of the pipe and the ground conditions present that could possibly defeat our goal. The Chairman asked if there were any other questions for Mr. Rossi. Upon hearing none he asked for the Legal Report. Legal
Mr. Miller reported that he has been working with Bond Counsel so hopefully, if and when we get the approval, we will not be held up because of the issuing of the Bonds. Mr. Miller stated that with regard to the cash flow projection that Mr. Rossi has provided for Mr. Ferraioli; that plays favorably into the investment of the extra cash that we do not need. Mr. Miller stated that we can now start looking at investment proposals. The Chairman questioned if we could put it into New Jersey Cash Management (NJCM) Fund to get the best possible interest-rate. Mr. Miller said that is what we planned to do. The Chairman stated that the NJCM program is completely liquid. Mr. Miller reported that he has been working with our Consultant on the Infrastructure Trust program and that the word coming back to him is - that we are in good shape.
Personnel Committee Report
The Chairman asked Mr. White if he had anything to report in open session with regard to the Personnel Committee Report.
Mr. White stated with regard to the second item, Meeting with Employees, he stated that we meet annually with the employees - usually in August - probably will be held within the next two weeks. Mr. White stated that he will take
care of setting up the meeting and that the members of the Personnel Committee will be contacted by Mrs. Parrinello
OLD BUSINESS
The Chairman asked if there was anything to be discussed under Old Business this evening. Upon hearing a response he stated he would move onto New Business.
NEW BUSINESS
The Chairman asked there was anything to be discussed under New Business. Upon hearing no response he stated that he would now open the meeting to the public. The Chairman stated that if anyone wished to address the Authority, to now step up and identify themselves for the record.
Dan Mahler, Mayor of Wanaque. The Mayor stated that he would like to reiterate what he mentioned at the previous Special Meeting, that in these tough economic times he would ask the Commissioners in preparing their upcoming budget to try and keep the costs under control and thereby not cause any increase to the Users.
PUBLIC PORTION
Dan Mahler, Mayor of Wanaque.
The Mayor stated that he is aware that the Authority is in the process of negotiations with your employees and he asks that they consider conforming to some of the Wanaque Borough policies with regard to sick days, vacation days and other
personnel items. The Mayor stated that he feels that if we are to be doing business with other towns that they must be prepared to assume liability if something goes wrong. Mayor Mahler stated that he does not want the Wanaque rate payers to get stuck with the liability should something go wrong in Ringwood or West Milford. The Mayor stated that with regard to the WMMUA Agreement - he asked that any approved contracts have a termination clause built into the Agreement. He further stated that he feels there should be a clause added that states: If this Authority should ever be dissolved that all previous contracts will be terminated. The Chairman asked Mr. Miller would such a clause be considered standard language
in a contract. Mr. Miller stated that most contracts have a termination clause.
The Mayor stated that the reason he is requesting that is that we are still pursuing that and of course we do not know how far it will go.
Commissioner Clark asked Mayor Mahler if he could tell them why the Borough Wanaque was pursuing this.
Mayor Mahler responded cost savings. Commissioner Clark asked the Mayor if he thought we were running this place inefficiently. Mayor Mahler responded that as Wanaque is the sole user of this plant, we would like the opportunity to make that judgment ourselves. He stated that what we are trying to do is please the Governor’s request to consolidate services. The Mayor stated that the Borough is trying to consolidate both the Sewer Authorities. Commissioner Clark asked the Mayor if he was also dissolving local Sewer Authority. Mayor Mahler stated yes that was the plan. Mr. Miller commented that in looking at the Ringwood contract, and he believes it is in all the contracts, we have a 60-day termination provision, without cause. Miller stated that if the Authority were to be dissolved we would be able to terminate the contract.
John Di Meglio, 414 Ringwood Avenue, Wanaque.
Mr. Di Meglio stated that one of the things he dislikes is the fact that this Authority is spending $3 million dollars - Ringwood and West Milford are going to vote upon it and it is not going to cost their towns one-cent and that Wanaque is paying for everything. Commissioner Clark asked Mr. Di Meglio, Wouldn’t you rather have people running the sewer plant who are objective about the proper way to do things; then people who will be driven to possibly do a lack luster job, because it is politically correct. Commissioner Bolduc stated that he thinks that comment is absurd. He stated that he thinks the people of Wanaque want to control their own destiny. Commissioner Bolduc stated that he doesn't think the people of Wanaque like the idea that the plant that services Wanaque is basically controlled by people from Ringwood and West Milford.
Commissioner Bolduc stated that he doesn't feel that it would be any more appropriate for him to sit on a board in Ringwood or West Milford and make decisions for those rate payers. He stated that he agrees with Mayor Mahler’s statements. Commissioner Bolduc stated that he does not see how people from Ringwood or West Milford would have superior
knowledge of how to operate this facility. He stated that Commissioner Clarks’ comment seems to indicate that; which to him is an insult. Commissioner Bolduc stated that he thinks that it is an insult and everyone in this town should think it is an insult - that we need people from Ringwood and West Milford to run our plant - that is absurd. The Chairman reminded the Commissioners that this was still the Public Portion. Commissioner Clark thanked Commissioner Bolduc for the grandstanding. The Chairman advised Commissioner Clark that those who live in glass houses shouldn't throw stones and then told Mr. Di Meglio that he could continue if he so wished.
Mr. Di Meglio stated that he feels that all the Commissioners that sit on this Authority should be from Wanaque. Mr. Di Meglio stated that this Board is a going to vote on contracts with its employees and with the Facilities Manager and Ringwood and West Milford are not contributing one penny towards their contracts; Wanaque is paying for their salaries. Mr. Di Meglio reiterated that he feels that there should be all Wanaque residents sitting on this Authority.
Commissioner Bolduc asked Mrs. Maas, the Recording Secretary, for the record, that when the minutes of this discussion are transcribed, that they be done very carefully in order to have an accurate reflection of what transpired. The Chairman asked if there was anyone else that wished to address this Board. Upon receiving no response he asked for a motion to close the Public Portion of this meeting.
MOTION Moved by Robert Hadley, 2ND by Robert Moshman to adopt a resolution authorizing closings the Public Portion of this meeting.
The Chairman asked all those in favor signify so by saying Aye.
Commissioners Bolduc, Clark, Hadley, Moshman and Covelli all stated Aye.
Commissioner Murray was absent.
MOTION CARRIED
CONSENT AGENDA
The Chairman stated at this time who would like to take a vote on the Consent Agenda, which consists of Resolutions # 40-09 as #41-09. Commissioner Bolduc asked the Chairman if there could be separate votes recorded for each resolution.
The Chairman stated that he would entertain a motion for Resolution # 40-09, which is for Vouchers – M-11456 – M-11498.
MOTION Moved by Robert Moshman, 2nd by Robert Hadley to adopt Resolution # 40-09 – Vouchers M-11456 – M-11498 NOTE: Payment subject to availability of funds
On Roll Call Commissioners Bolduc, Clark, Hadley, Moshman and Covelli all voted yes. Commissioner Murray was absent.
MOTION CARRIED
The Chairman asked for a motion to adopt Resolution #41-09 – RBOE Contract Increase – 4%.
MOTION Moved by Robert Hadley, 2nd Robert Moshman to adopt Resolution #41-09 – RBOE Contract Increase – 4%.
The Chairman asked if anyone wished to have discussion on this resolution, when there was no response he asked for a Roll Call.
On Roll Call Commissioners Clark, Hadley and Moshman all voted yes. Commissioners Bolduc and Covelli voted no. Commissioner Murray was absent.
MOTION CARRIED
The Chairman asked if there was any other business to be brought before this Authority, other than the Closed Session. Upon hearing none he stated that there would be a 5 minute recess and then go into Closed Session.
Mr. Miller suggested that a motion to go into Closed Session for the purpose of contract negotiations and discussion of Personnel issues and that there will be action taken upon the return to Open Session.
CLOSED SESSION
MOTION Moved by Robert Hadley, 2nd Robert Moshman to adopt a resolution authorizing going into Closed Session for the purpose of contract negotiations and the discussion of Personnel issues and that there will be action taken upon the return to Open Session.
The Chairman asked all those in favor to signify so by saying Aye.
Commissioners Bolduc, Clark, Hadley, Moshman and Covelli all stated Aye.
Commissioner Murray was absent.
MOTION CARRIED
Closed Session commenced at 7:04 p.m. and was concluded at 8:13 p.m. with the following motion.
Chairman Covelli left the meeting at 8:03 p.m.
MOTION Moved by Harry Clark, 2nd by Robert Moshman to adopt a resolution authorizing
returning to Open Session. The Vice-Chairman asked all those in favor to signify so by saying Aye.
Commissioners Bolduc, Clark, Hadley and Moshman all stated Aye.
Commissioners Covelli and Murray were absent.
MOTION CARRIED
MINUTES
Vice-Chairman Hadley asked for a motion to accept the Regular Meeting Minutes of June 24, 2009.
MOTION Moved by Robert Hadley, 2nd by Harry Clark to adopt a resolution accepting the June 24, 2009 Regular Meeting Minutes.
The Vice-Chairman asked all those in favor to signify so by saying Aye
Commissioners Bolduc, Clark, Hadley and Moshman all stated Aye.
Commissioners Covelli and Murray where absent.
MOTION CARRIED
WMMUA – Proposals
Birch Hill STP Proposal
Vice-Chairman Hadley asked for a motion to authorize submitting a traditional proposal to the WMMUA for one year agreement for the operation and maintenance of the Birch Hill STP with a total cost of $37,168.00.
MOTION Moved by Harry Clark, 2nd by Robert Hadley to adopt a resolution authorizing submitting a traditional proposal to the WMMUA, for a one-year agreement for the operation and maintenance of the Birch Hill STP the total cost of $37,168.00
On Roll Call Commissioners Clark, Hadley and Moshman voted yes.
Commissioner Bolduc voted no. Commissioners Covelli and Murray were absent.
MOTION CARRIED
WMMUA – Proposals
Consulting Administrative, Professional and Technical Assistance Proposal Vice-Chairman
Hadley asked for a motion to authorize submitting a proposal to the WMMUA for a six month trial agreement for providing Consulting, Administrative, Professional and Technical Assistance to the WMMUA and authorizing that the per diem service rate shall be eighty dollars / hour ($80.00).
MOTION Moved by Harry Clark, 2nd by Robert Moshman to adopt a resolution authorizing submitting a proposal to the WMMUA for a six month trial agreement for providing Consulting Administrative, Professional and Technical Assistance to the WMMUA and authorizing that the per diem service rate shall be eighty dollars / hour ($80.00).
On Roll Call Commissioners Clark, Hadley and Moshman voted yes.
Commissioner Bolduc voted no. Commissioners Covelli and Murray were absent.
MOTION CARRIED
ADJOURN
Vice-Chairman Hadley asked for a motion to adjourn the meeting.
MOTION Moved by Andrew Bolduc, 2nd by Robert Moshman to adopt a resolution authorizing adjourning the meeting. The Vice-Chairman asked for all those in favor to signify so by saying Aye.
Commissioners Bolduc, Clark, Hadley and Moshman all stated Aye.
Commissioners Covelli and Murray were absent.
MOTION CARRIED
The meeting was adjourned at 8:30 p.m.
Minutes respectfully submitted by,
Margaret Maas, Recording Secretary