Minutes: July 16, 2012

The regular meeting of the Municipal Utilities Authority (MUA) of the Township of Vernon was convened at 7:00 p.m. on Monday, July 16, 2012 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey.

Statement

Adequate notice of this meeting had been provided to the public and the press on December 18, 2011 and was posted on the bulletin board in the municipal building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6.

Roll Call

Thomas BuchneyNP
Barbara ChorzepaP
Doug DobrzynskiP
Gloria Frato-GalloP
James KensekP
Vincent ZinnoP
Edward H. RolandoP

Also Present

John Ursin, Esq.
Chuck Ferraioli, Auditor
John Ruschke, Engineer
Aida Cahill, Secretary

Salute to the Flag

Mr. Rolando led the assemblage in the salute to the flag.

Sewer Operator Report

Mike Furrey, MUA licensed sewer operator, discussed the call system for pump station alarms. Mr. Furrey advised that an engineer from Agra Environmental inspected the pump stations and will be making recommendations. Mr. Furrey reported on a blockage which caused a spill at Pump Station #3 as well as the notification of the spill to the New Jersey Department of Environmental Protection (NJDEP). Mr. Furrey further reported that Brian Sharra, NJDEP inspector, would like to inspect the sewer system and meet with the MUA to discuss some potential issues. Mr. Furrey suggested training individuals to respond and being diligent regarding inspections and maintenance. It was noted that a checklist for the purpose of monitoring the system would be supplied to the Department of Public Works (DPW). Mr. Furrey also spoke regarding the sewer operator training classes for DPW personnel.

Mr. Pullis, DPW Director questioned if the lift stations were going to be maintained by the MUA or the condo management companies. Mr. Rolando stated that the lift stations were going to be taken over by the management companies for Great Gorge Village (GGV) and Black Creek Sanctuary. Mr. Pullis reported on maintenance that had been completed on the lift stations.

Ms. Chorzepa suggested that an alarm be placed on the pipe to monitor blockages. Mr. Ruschke and Mr. Furrey did not recommend installing additional alarms at this time, stating that money could be put to better use with proper maintenance and quick response to spills. Mr. Rolando suggested that capital improvements to the pump stations be completed in the future.

Mr. Ursin reported on the takeover of responsibility for the lift stations by condo management companies. Comet Management requested meeting with Mr. Furrey to get addition information and to have the opportunity to ask questions in regard to future maintenance. Mr. Ursin asked Mr. Pullis to find out who is responsible for the lift station at Black Creek.

Motion to authorize Mike Furrey to meet with the management companies regarding the lift station transition period, including extending DPW services by up to two weeks after the transfer of lift station responsibility on August 1, 2012.
Moved: Ed Rolando
Second: Doug Dobrzynski
All were in favor

Mr. Furrey noted that the NJDEP should be notified of the lift station transfer.

Items for Action

Approval of Minutes of the Regular Meeting from June 18, 2012

Moved: Barbara Chorzepa
Second: Vincent Zinno
All were in favor.

Election of Officers

Motion to appoint Edward Rolando as VTMUA Chairman.
Moved: Barbara Chorzepa
Second: Vincent Zinno
All were in favor.

Motion to appoint Vincent Zinno as VTMUA Vice Chairman.
Moved: Gloria Frato-Gallo
Second: Barbara Chorzepa
All were in favor.

Motion to appoint Gloria Frato-Gallo as VTMUA Treasurer.
Moved: Barbara Chorzepa
Second: Doug Dobrzynski
All were in favor

Mr. Rolando spoke regarding Matt Biagini from United Water. The commissioners authorized Mr. Ursin to send a letter noting all of Mr. Biagini’s assistance during and after the transition of the sewer system from United Water to Vernon Township. Ms. Chorzepa would order a plaque to be given to Mr. Biagini at a future MUA meeting.

Motion to authorize Mr. Rolando to sign the Treatment Works Approval (TWA) for Vernon Valley Investors.
Moved: Vincent Zinno
Second: Gloria Frato-Gallo
All were in favor.

Resolution #12-05: Designation of Official Newspaper for 2012/2013

WHEREAS, N.J.S.A. 40:53-1 et al. of the Open Public Meetings Act requires that the governing body of every municipality designate an official newspaper or newspapers for the publication of all advertisements and notices required by law to the published by the municipality; and

WHEREAS, the second newspaper designated by this body must be one which has the greatest likelihood of informing the public within the jurisdictional boundaries of this body of such meetings; and

WHEREAS, The New Jersey Herald/Sunday Herald is hereby designated to receive all notices of meetings as required under the Open Public Meetings Act and The Advertiser News and the Vernon Aim will be designated as the alternate newspapers; and

WHEREAS, it is the opinion of this public body that The New Jersey Herald/Sunday Herald, have the greatest likelihood of informing the public within the jurisdictional area of this public body of such meetings.

NOW, THEREFORE, BE IT RESOLVED by the Vernon Township Municipal Utilities Authority, County of Sussex, State of New Jersey that The New Jersey Herald/Sunday Herald is hereby designated as the official newspaper for the 2012/2013 Calendar Year and will receive all Notices of meetings of the Vernon Township Municipal Utilities Authority as required by the Open Public Meetings Act, and The Advertiser News and the Vernon Aim will be designated as alternate newspapers of the Vernon Township Municipal Utilities Authority.

This resolution shall take effect immediately.

Resolution #12-06: Designation of Meeting Dates for 2012/2013

BE IT RESOLVED, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et. Seq., the Reorganization Meeting of the Vernon Township Municipal Utilities Authority shall convene at 7:00 p.m. on July 16, 2012 at the Vernon Township Municipal Center, 21 Church Street, Vernon, New Jersey. Formal action will be taken at the Reorganization Meeting.

BE IT FURTHER RESOLVED, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et. Seq., the Regular Meetings of the Vernon Township Municipal Utilities Authority shall convene on the third Mondays of each month at 7:00 p.m, unless otherwise noted, and be held at the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey for the following meeting dates:

Monday, August 20, 2012
Monday, September 17, 2012
Monday, October 15, 2012
Monday, November 19, 2012
Thursday, December 20, 2012
Thursday, January 24, 2013
Thursday, February 21, 2013
Monday, March 18, 2013
Monday, April 15, 2013
Monday, May 20, 2013
Monday, June 17, 2013
Monday, July 15, 2013 (Reorganization)

BE IT FURTHER RESOLVED that all meetings shall be opened to the public and public participation will be entertained at all meetings but limited to five (5) minutes for each speaker to provide the governing body sufficient time to complete its work.

BE IT FURTHER RESOLVED that all Notices required by the Open Public Meetings Act shall be published in The New Jersey Herald and if needed as alternate newspapers, The Advertiser News and The Vernon Aim, and shall be posted on the bulletin board in the municipal building.

This resolution shall take effect immediately.

Resolution #12-07: Resolution of the Vernon Township Municipal Utilities Authority Regarding Authority to Spend Funds and Check Signing

WHEREAS, the Vernon Township Municipal Utilities Authority is in need of a formal policy with respect to the authority to spend funds for the routine costs of the VTMUA’s activities, operating, maintaining and repairing the municipal sanitary sewer system;

WHEREAS, the Vernon Township Municipal Utilities Authority is in need of a formal policy regarding the signing of checks;

WHEREAS, the Vernon Township Municipal Utilities Authority has considered this issue in an effort to have the most efficient operations;

NOW THEREFORE IT BE RESOLVED that the Chairman of the Vernon Township Municipal Utilities Authority is permitted to authorize routine expenditures of less than $500 without formal authority review provided that every expenditure or a complete checklist be approved at the next regularly scheduled meeting of the Vernon Township Municipal Utilities Authority.

NOW THEREFORE IT BE FURTHER RESOLVED that all checks of the Vernon Township Municipal Utilities Authority of less than $500 shall only require the signature of the Chief Financial Officer. All checks in excess of $500 will require two signatures. One of the signatures must always be the Vernon Township Municipal Utilities Authority CFO. The other signature can be the Chair, Vice Chair or Treasurer.

NOW THEREFORE IT BE FURTHER RESOLVED that the Clerk of Board shall keep this resolution in a binder with the adopted Rules and Regulations as an official record of the VTMUA.

Motion to approve resolutions 12-05 through 12-07.
Moved: Barbara Chorzepa
Second: Vincent Zinno
All were in favor.

Resolution #12-08: Authorizing the Award of Contract for Professional Services for Township Attorney

WHEREAS, there is a need for General Legal Services for the year 2012/2013 for position of Attorney to the Township of Vernon Municipal Utilities Authority; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, said specified professional services are to be rendered or performed by a person or persons authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the Township of Vernon Municipal Utilities Authority is desirous to appoint John E. Ursin, Esq. of the law offices of Courter, Kobert & Cohen, PC, as a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as amended, requires that this resolution be publicly advertised.

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Township of Vernon Municipal Utilities Authority that they hereby authorize and approve the award of contract of a Professional Service Agreement to John E. Ursin, Esq. of the law offices of Courter, Kobert & Cohen, pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide General Legal Services in accordance with the attached Contracts for Professional Services.

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

A fully-executed professional services agreement detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and

Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq.;

New Jersey Business Registration Certificate; and

Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED, that the Township of Vernon Municipal Utilities Authority and MUA Recording Secretary or Township Clerk are hereby authorized and directed to execute, seal and deliver the attached Contracts for Professional Services on behalf of and in the name of the Township of Vernon Municipal Utilities Authority, and that the Township Clerk shall publish the award of contract as required by law within ten (10) days of passage of this resolution.

Resolution #12-09: Authorizing the Award of Contract for Professional Services for Authority Auditor

WHEREAS, there is a need for General Legal Services for the year 2012/2013 for position of Auditor to the Vernon Township Municipal Utilities Authority; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, said specified professional services are to be rendered or performed by a person or persons authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the Vernon Township Municipal Utilities Authority is desirous to renew the current agreement with the firm Ferraioli, Wielkotz, Cerullo & Cuva, PA for Municipal Utilities Authority Auditing Services as a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J. S.A. 40A:11-1 et seq.; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Vernon Township Municipal Utilities Authority that they hereby authorize and approve the award of contract of a Professional Service Agreement to the firm of Ferraioli, Wielkotz, Cerullo & Cuva, PA pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide Auditing Services in accordance with the attached Contracts for Professional Services.

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

A fully-executed professional services agreement detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and

Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq.;

New Jersey Business Registration Certificate; and

Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED, that the Vernon Township Municipal Utilities Authority and VTMUA Recording Secretary or Township Clerk are hereby authorized and directed to execute, seal and deliver the attached Contracts for Professional Services on behalf of and in the name of the Vernon Township Municipal Utilities Authority, and that the Township Clerk shall publish the award of contract as required by law within ten (10) days of passage of this resolution.

Resolution #12-10: Authorizing the Award of Contract for Professional Services for Municipal Utilities Authority (VTMUA) Engineer

WHEREAS, there is a need for Municipal Auditing Services for the VTMUA; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, said specified professional services are to be rendered or performed by a person or persons authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the VTMUA is desirous to renew the current agreement with the firm Hatch Mott MacDonald for VTMUA Engineering Services as a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the VTMUA that they hereby authorize and approve the award of contract of a Professional Service Agreement to the firm of Hatch Mott MacDonald pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide Engineering Services in accordance with the attached Contract for Professional Services.

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

A fully executed professional services agreement detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and

Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq.;

New Jersey Business Registration Certificate; and

Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED, that the VTMUA Chair and VTMUA Recording Secretary or Township Clerk are hereby authorized and directed to execute, seal and deliver the attached Contract for Professional Services on behalf of and in the name of the VTMUA, and that the Township Clerk shall publish the award of contract as required by law within ten (10) days of passage of this resolution.

Resolution #12-11: Resolution Appointing Risk Management Consultant for Property & Casualty Insurance

WHEREAS, The Vernon Township Municipal Utilities Authority (hereinafter “Local Unit”) has joined the Statewide Insurance Fund (hereinafter “Fund”), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

WHEREAS, the Bylaws require participating members to appoint a Risk Management Consultant, as those positions are defined in the Bylaws, if requested to do so by the “Fund”; and

WHEREAS, the Local Unit has complied with relevant law with regard to the appointment of a Risk Management Consultant; and

WHEREAS, the “Fund” has requested its members to appoint individuals or entities to that position.

NOW, THEREFORE, BE IT RESOLVED by the Vernon Township Municipal Utilities Authority, in the County of Sussex and State of New Jersey, as follows:

The Vernon Township Municipal Utilities Authority hereby appoints Wayne Dietz, D & H Alternative Risk Solutions as its local Risk Management Consultant for Property & Casualty Insurance.

BE IT FURTHER RESOLVED, that the Vernon Township Municipal Utilities Authority Chair and VTMUA Recording Secretary or Township Clerk are hereby authorized to execute the Risk Management Consultant’s Agreement for the year 2012/2013 on behalf of and in the name of the Vernon Township Municipal Utilities Authority, and that the Township Clerk shall publish the award of contract as required by law within ten (10) days of passage of this resolution.

Resolution #12-12: Resolution Authorizing Contract for 2012/2013 Recording & Correspondence Secretary

WHEREAS, there exists a need for a Recording & Correspondence Secretary for the Vernon Township Municipal Utilities Authority (VTMUA) for the year 2012/2013; and

WHEREAS, Aida Cahill is the current VTMUA Recording Secretary and desires to continue in this capacity according to the Attached Exhibit ‘A’; and

WHEREAS, the VTMUA desires to contract with Aida Cahill for the term July 16, 2012 - July 15, 2013; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2012 Municipal Budget.

NOW, THEREFORE, BE IT RESOLVED this 16th day of July, 2012, by the VTMUA, County of Sussex and State of New Jersey, as follows:

  1. The VTMUA is authorized to contract with Aida Cahill for 2012/2013 Recording & Correspondence Secretary.
  2. The VTMUA is hereby authorized and directed to execute the attached contract with Aida Cahill.

A copy of this resolution shall be published in the New Jersey Herald by the Township Clerk as required by law and a true copy of same and the Contract shall be available for inspection in the office of the Township Clerk.

There was discussion regarding billing questions and concerns for Hatch Mott MacDonald.

Motion to approve Resolution #12-10 extending the engineering contract for three months pending further review.
Moved: Gloria Frato-Gallo
Second: Barbara Chorzepa

A roll call vote was taken:
Ayes: Barbara Chorzepa, Doug Dobrzynski, Gloria Frato-Gallo, Ed Rolando
Nays: Vincent Zinno
Motion to extend engineering contract for three months was approved.

Motion to approve the Baldwin application to connect for 2 EDUs contingent upon following all of the Rules and Regulations.
Moved: Doug Dobrzynski
Second: Vincent Zinno
All were in favor.

Motion to approve resolutions 12-08, 12-09, 12-11 and 12-12.
Moved: Barbara Chorzepa
Second: Doug Dobrzynski

A roll call vote was taken:
Ayes: Barbara Chorzepa, Doug Dobrzynski, Gloria Frato-Gallo, Vincent Zinno, Ed Rolando
Nays: None
Resolutions #12-08, 12-09, 12-11, 12-12 were approved.

Correspondence

VFW sent a hardship letter for review by the VTMUA. The letter stated that the VFW had lost most of their members and could not afford to hookup to the sewer. The VFW requested that the VTMUA consider their financial hardship circumstances or they will have to move out of their building. The possibility of adjusting the number of EDUs was discussed. Mr. Ruschke will speak to the VFW regarding adjusting the EDUs.

Open to Public Comments

There was no one present from the public.

Closed to Public Comments

Auditor Report

Mr. Ferraioli advised that he would contact the CFO for an accounting of VTMUA funds. Mr. Ursin stated that there is a legal financial agreement with the township and it is very important that that agreement be affectuated because it is a starting point for VTMUA balances and obligations. Mr. Ursin advised that a bills resolution needed to be approved by MUA members.

Mr. Ferraioli advised that at this time of the year it is not necessary for him to attend every meeting so he would only come to meetings that he was invited to attend. Mr. Zinno questioned when the annual budget would begin. Mr. Ferraioli stated that the introduction should be in January of 2013 for the next budget.

Mr. Ursin suggested that an introduction letter be sent out to the users before the first bills were sent out. Mr. Ursin will send a draft to the secretary.

Motion to approve the Hatch Mott MacDonald bill in the amount of $1438 in regard to the Vernon Valley Investors escrow account.
Moved: Ed Rolando
Second: Gloria Frato-Gallo
All were in favor.

Engineer Report

Mr. Ruschke commented on working with Mike Furrey, sewer operator in the past and anticipates a good working relationship in the future. Mr. Zinno questioned the pizzeria application approval and asked if the 4 EDU approval was based on square footage as opposed to the VFW application. Mr. Ruschke stated that it is based on square footage as well as the use of the property.

Motion to authorize Mr. Rolando to endorse the Treatment Works Approval (TWA) for Vernon Valley Investors.
Motion: Vincent Zinno
Second: Gloria Frato-Gallo
All were in favor.

Ms. Frato-Gallo stated that the township council was seeking a status report from the MUA. Mr. Ursin advised that he would give an MUA status update at the next council meeting.

Ms. Frato-Gallo reported that the Economic Development Advisory Committee (EDAC) would be conducting a business event and suggested that authority commissioners attend to answer questions regarding the MUA.

Mr. Rolando questioned the proper procedure for the authority to visit SCMUA for a tour. Mr. Ursin advised that the authority could either take the tour in groups of two or notice the visit indicating that official business would not be taking place.

A motion was made to close the regular meeting to go into executive session was made at 8:40 p.m. for the purpose of personnel compensation and the engineer contract with HMM.
Moved: Ed Rolando
Second: Gloria Frato-Gallo
All were in favor.

Motion to come out of executive session.
Moved: Ed Rolando
Second: Vincent Zinno
All were in favor.

Adjournment

The meeting was adjourned at 9:30 p.m.

Respectfully submitted,
Aida Cahill, Secretary
Vernon Township Municipal Utilities Authority

Date approved: October 15, 2012