Minutes: November 6, 2014

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, November 6, 2014 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 2, 2014 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 Gallo (unable to attend due to a work commitment)A
James KensekP
Phyllis PfeiferP
Vincent ZinnoP

Professional Staff Present

Attorney Robert McBriar, Engineer Ceren Aralp, and Executive Director John Scerbo were also present.

1. Correspondence

New Correspondence

A. Letter of Resignation from Roy Tanfield

VTMUA Commissioner Roy Tanfield sent a letter of resignation, regretting that due to his employer and job transferring to another state he is no longer able to attend meetings.

On a motion by James Kensek, Mr. Tanfield’s resignation was accepted with regret.
Seconded by Phyllis Pfeifer
Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

B. Letter from Vernon Council Appointing Phyllis Pfeifer to Roy Tanfield’s Unexpired Term

Letter dated October 27, 2014, stating Phyllis Pfeifer was moved from her position as Alternate #1 on the VTMUA and unanimously appointed a regular member of the VTMUA to fill Roy Tanfield’s unexpired term. Attorney Robert McBriar administered the oath of office to Phyllis Pfeifer.

Vincent Zinno moved to accept the letter.
Seconded by Phyllis Pfeifer
Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

Old Correspondence

None

2. Open Meeting for Public Comment

Motion to open the meeting to the public was made by James Kensek.
Seconded by Thomas Buchney
All were in favor.
No one from the public came forward.

Motion to close the meeting to the public
The motion was made by James Kensek.
Seconded by Phyllis Pfeifer
All were in favor.

3. Consent Agenda

Resolution 14-34: Payment of Bills for November 6, 2014

Motion to approve the payment of bills was made by James Kensek.
Seconded by Phyllis Pfeifer

Discussion: None

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

4. Approval of Minutes of October 9, 2014 Meeting

Motion to approve the minutes was made by Phyllis Pfeifer.
Seconded by Thomas Buchney

Discussion: None

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

5. Resolutions

A. Resolution 14-35: Authorizing the Endorsement of a Treatment Works Approval (TWA) Application to the NJDEP for an Onsite Wastewater and Disposal System Alteration for Block 192.03, Lot 1, Hidden Valley Condominiums

The Hidden Valley condominium association is applying to the NJDEP for a Treatment Works Approval for the construction of an onsite wastewater treatment and disposal system.

The motion to approve the resolution was made by Thomas Buchney.
James Kensek seconded the motion.

Discussion: VTMUA Engineer Ceren Aralp recommended approving the resolution. She said Hidden Valley has resubmitted drawings. There is no sewer facility readily available for Hidden Valley and it is not feasible to extend sewers to there, so Hidden Valley will put in its own package plant. Also, Hidden Valley would have to petition the state to be included in the sewer service area. Chairman Vincent Zinno said if the ski resort was up and running, expanding the sewer service area might be feasible for them, but currently it is not. The motion to approve the resolution included sending a letter to the township council to notify the council members the VTMUA has approved the application because the governing body will also have to approve it.

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

B. Resolution 14-36: Renewal of Membership in the Statewide Insurance Fund

The VTMUA will be a member of the fund for a period of three years, effective January 1, 2015 to January 1, 2018.

The motion to approve the resolution was made by Phyllis Pfeifer.
Thomas Buchney seconded the motion.

Discussion: None

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

C. Resolution 14-37: Statewide Insurance Fund Indemnity and Trust Agreement

The motion to approve the resolution was made by Phyllis Pfeifer.
Vincent Zinno seconded the motion.

Discussion: None

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

D. Resolution 14-38: Resolution Appointing Risk Management Consultant

D&H Alternative Risk Solutions was appointed Risk Management Consultant.

The motion to approve the resolution was made by Phyllis Pfeifer.
Thomas Buchney seconded the motion.

Discussion: None

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

E. Resolution 14-39: 2015 Statewide Insurance Fund Risk Management Agreement

The term of the agreement is from January 1, 2015 to January 1, 2016.

The motion to approve the resolution was made by Thomas Buchney.
Phyllis Pfeifer seconded the motion.

Discussion: None

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

6. Attorney’s Report

Attorney Robert McBriar reported that Superior Court Judge Thomas Weisenbeck dismissed with prejudice the lawsuit Great Gorge Village resident Len Collocia had filed against the VTMUA and the township.

7. Auditor’s Report

There was no auditor’s report. Executive Director John Scerbo announced the new budget for the VTMUA would be introduced at the December 18, 2014 meeting.

8. Engineer’s Report

A. New Business—Review of Applications

1. Approval of EDU Flow Count for Block 148, Lot 12—1 EDU

Located at 317 Route 94, this building is owned by Surjit Singh Property and is a single family home and a vacant dog grooming shop.

Vincent Zinno made a motion to approve the application contingent upon resubmittal of the drawings showing where all existing structures are.
James Kensek seconded the motion.

Discussion: Vincent Zinno asked if the applicant resubmitted the drawings the VTMUA had asked for. Phyllis Pfeifer also suggested the applicant resubmit drawings to show existing structures on the property. Engineer Ceren Aralp suggested when the inspection of the property is done, the inspector confirms the structures.

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

B. Old Business—Updates on Prior Applications

1. Block 142, Lot 2, Keough Property, 515 Rt. 515

Single family house—1 EDU.

2. Block 141, Lot 15.04, Master Plumbing, 6 Black Creek Dr.

The engineer reported she received revised drawings for the sewer connection and recommends approving it with the condition that the applicant submit a revised drawing based on the recommendations, use a minimum of 2-inches for the force main to reduce possibility of blockage in the discharge pipe and establish a lift station to provide a standby pipe in case of lead pump failure.

3. Follow-Up Letter to LukOil, 312 Rt. 94, Block 141.01, Lot 5

Letter confirming no treated water to be discharged.

9. Executive Director’s Report

Executive Director John Scerbo reported that the letter written by the VTMUA to delinquent property owners who had not responded to connection requirements has triggered responses from all of them. As a result, the plans for connections are in process. He also mentioned that the owners of the Fresch house, next to the LukOil, have also responded and will be connecting.

Mr. Scerbo also reported on Rumours Hair Salon. Carlos Fardin, owner of the salon and the D&S strip mall, had stated he would begin connection by October 1, 2014 but had not done so. He has contacted Mr. Fardin, who has asked for an extension through the end of November, due to one of the tenants in the facility owes him money. Mr. Fardin expects to get the check soon and asked for an extension to the end of November. Mr. Fardin said he is awaiting a check from Rite Aid that is owed to him and will begin connecting to the sewers as soon as he receives the check. Mr. Fardin said he expects the matter to be resolved by the end of November 2014. Mr. Scerbo also said the D&S Mall property is up for sale and sewer hookup is a condition of the sale. Mr. Scerbo read into the record e-mail he received from Carlos Fardin on October 29, 2014. The e-mail states Mr. Fardin should be able to resolve the matter by the end of November. Mr. Scerbo recommended the VTMUA not grant Mr. Fardin any further extensions if the work is not completed by December 1, 2014, and a summons should automatically be issued at that time if the connection is not completed.

Thomas Buchney moved to approve the extension and the executive director’s recommendations.
Phyllis Pfeifer seconded the motion.

Discussion: No further discussion

Ayes: Thomas Buchney, James Kensek, Phyllis Pfeifer, and Vincent Zinno
Nays: None

10. Commissioners’ Comments

Commissioner Phyllis Pfeifer asked what is the status of the Dunkin’ Donuts. John Scerbo said the owner of Dunkin’ Donuts was one of the unresponsive properties to which he referred. He said the owner, Vernon Merritt, has come in and said he will move forward with connecting to the sewers.

Ms. Pfeifer also said she has a problem with the EDU assessment for hair salons. She said in normal business operations for hair salons, they use water all day long for hair washings, colorings, and other procedures. She said they use so much more water than it appears they are being charged. She suggested the VTMUA re-evaluate its policies for hair salons.

Chairman Vincent Zinno said a previous VTMUA commissioner had stated similar concerns when the sewer fees were assessed for hair salons. Mr. Zinno said the VTMUA authorized Engineer Ceren Aralp to do research on hair salons based on the state requirements on calculations for EDUs. He said when the engineer reported back to the board, the VTMUA determined that all the hair salons within the sewer area all fit within the state guidelines for EDUs. He said he did not think it was prudent to re-evaluate the matter for one particular industry, hair salons.

Ms. Pfeifer said she felt it made no sense to assess hair salons the same fees as retail businesses when hair salons use so much more water.

Mr. Zinno said John Scerbo or Ceren Aralp could make all of the VTMUA’s information and research on hair salons available to Ms. Pfeifer.

Commissioner Thomas Buchney reported that he did a site visit to the Sussex County Municipal Utilities Authority facility in Hardyston and it was very informative and interesting. He suggested any commissioners wanting to learn about the facility also take a tour of the plant’s operation as well.

11. Chairman Comments

Vincent Zinno thanked everyone for their work in bringing the VTMUA to where it is today. He also thanked John Scerbo for getting responses from the delinquent property owners and for getting them to finalize their connections. He wished everyone a happy Thanksgiving.

Adjournment

Motion to adjourn the meeting was made by James Kensek.
Seconded by Phyllis Pfeifer
All were in favor.
The meeting was adjourned at 7:55 p.m.

The next meeting of the VTMUA will be on December 18, 2014 at 7 p.m.

Transcribed and submitted by Jessica Paladini
Vernon Township MUA Secretary