Minutes: May 21, 2015

Call to Order

The regular meeting of the Vernon Township Municipal Utilities Authority (VTMUA) of the Township of Vernon was convened at 7:00 p.m. on Thursday, May 21, 2015 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 15, 2015 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 BuchneyP
Gloria GalloP
James KensekP
Edward SnookP
Vincent ZinnoP

Roll Call of Professionals

Attorney Richard Wenner and Executive Director John Scerbo were present. Engineer Ceren Aralp took ill on her way to the meeting and was unable to attend.

1. Open Meeting for Public Comment

Motion to open the meeting to the public was made by Thomas Buchney.
Seconded by Edward Snook
All were in favor.
The public portion of the meeting was declared open. No one from the public came forward.

2. Close the Meeting for Public Comment

Motion to close the meeting to the public was made by Thomas Buchney.
Seconded by Edward Snook
All were in favor.
The public portion of the meeting was closed.

3. Consent Agenda

Resolution 15-29: Authorizing the Payment of Bills for May 2015

Motion to approve the bills was made by James Kensek.
Seconded by Gloria Gallo

Further Discussion: None

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

4. Approval of Minutes

A. April 16, 2015 Regular Meeting

Motion to approve the April 16, 2015 Regular Meeting minutes was made by Vincent Zinno.
Seconded by Thomas Buchney

Further Discussion: None

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

B. April 16, 2015 Executive Session Meeting

Motion to approve the April 16, 2015 Regular Meeting minutes was made by Edward Snook.
Seconded by Thomas Buchney

Further Discussion: None

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

5. Correspondence

Letter from Donna Hobson, Owner of Church Street Photo, Fret Shop, Barber Shop, and a Tenant Upstairs at Block 141.01, Lot 12, Requesting the Granting of a Hardship Payment Plan from the VTMUA

The Church Street building owned by the Hobsons has been assessed 2-1/2 EDUs. The Hobsons were summonsed for failure to comply with VTMUA regulations and appeared in Vernon Township Municipal Court. The matter was resolved in court with the understanding that Ms. Dobson would file an application for a hardship payment plan and provide appropriate documentation. Another court hearing is pending in June after the VTMUA approves the hardship application. Ms. Hobson said they are currently trying to sell the building. The VTMUA said the hardship plan only goes to the Hobsons and would not be given to the new owners of the building if there were a sale.

Motion to approve the hardship plan was made by Vincent Zinno.
Seconded by Edward Snook

Further Discussion: Thomas Buchney asked if the hardship plan would transfer with a sale of the building. VTMUA Attorney Richard Wenner said if the property were sold and the owner took possession, the new owner would have to come in and demonstrate a hardship as well. The hardship plan for the Hobsons would not automatically transfer to a new owner.

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

6. Other Resolutions

A. Resolution 15-30: Approving the Hardship Payment Plan for Valley View Apartments

This apartment complex located on Omega Drive, Block 141 Lot 110.01 was assessed 15.25 EDUs. The connection fees are $71,141.25. The applicant may pay the fees in five installments of $15,295.36 per year at an interest rate of 1.5% per year for each of the five years, making the total amount $76,476.81.

Motion to approve was made by Edward Snook.
Seconded by James Kensek

Further Discussion: John Scerbo said Thomas Buchney had questioned at the last meeting the use of the applicant’s language and the word “loan.” Mr. Scerbo made it clear there is no loan. The application is for a hardship payment plan and the document refers to it as a hardship payment plan. The applicant has not yet come in with a new plan for the connection, as required, and also has to post escrow. Chairman Vincent Zinno asked if there was a time frame. Attorney Richard Wenner said the VTMUA could set a time frame if it chooses.

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

B. Resolution 15-31: Guaranteeing Remittance of Employer’s Share of Social Security Coverage and Pension Contribution

This resolution is for Social Security overage and pension contributions for VTMUA Executive Director John Scerbo.

Motion to approve was made by Thomas Buchney.
Seconded by Gloria Gallo

Further Discussion: None

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

C. Resolution 15-32: Updating the VTMUA Rules and Regulations to Provide for Review and Approval of Sewer Allocations for Properties that Have Changes in Use

Motion to approve was made by Edward Snook.
Seconded by James Kensek

Further Discussion: None

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

7. Attorney’s Report

Attorney Richard Wenner reported that his OPRA request for Mountain Creek’s asset purchase agreement was denied by the BPU. The BPU said they it not have anything. He sought a copy from the Appellate Court division, which he received and forwarded to John Scerbo and to Chairman Vincent Zinno. He will contact Mountain Creek attorney Tom Ryan to seek further information. He hopes to have the information by the June VTMUA meeting.

8. Auditor’s Report

No report

9. Engineer’s Report

Executive Director John Scerbo gave the report in Engineer Ceren Aralp’s absence.

A. EDU Count for Change of Use at Red Oak Properties Block 144.01 Lot 3

The EDU count was changed from 1.5 EDUs to 1 EDU.

Motion to approve was made by Vincent Zinno.
Seconded by James Kensek

Further Discussion: None

Roll Call Vote:
Ayes: Thomas Buchney, Gloria Gallo, James Kensek, Edward Snook, and Vincent Zinno
Nays: None

B. Old Business

None

10. Executive Director’s Report

No further report

11. Commissioner Comments

Edward Snook said he noticed the Dunkin Donuts on Route 94 was beginning its sewer connection. Executive Director John Scerbo said he has not yet received the CA yet, but the hookup is done.

12. Chairman Comments

Vincent Zinno said everything is going well with the VTMUA and the sewer system and reported all manholes at the Mountain Creek parking lot are repaired and done.

13. Executive Session—No Executive Session

Adjournment

Motion to adjourn the meeting was made by James Kensek.
Seconded by Edward Snook
All were in favor.
The meeting was adjourned at 7:31 p.m.

The next meeting of the VTMUA will be on May 18, 2015 at 7 p.m.

Transcribed and submitted by Jessica Paladini
Vernon Township MUA Secretary