Minutes: January 20, 2022

REGULAR MEETING MINUTES

VERNON TOWNSHIP

MUNICIPAL UTILITY AUTHORITY

21 Church Street

Vernon, NJ 07462

These minutes are a synopsis of the meeting that took place on 1/20/2022.  Copies of the recording are available at the office of the Vernon Township Municipal Utilities Authority (the “MUA”).  

 

1. Call to Order

The regular meeting of the MUA was convened at 7:03 pm.

2. Statement of Compliance

Pursuant to the Open Public Meetings Act, adequate notice of this regular meeting was provided to the public and the press on December 27, 2021 by delivering to the press such notice and posting same at the municipal building and filed with the office of the MUA as well as posted on the website.

3. Salute to the Flag
4. Oath of Office

Mr. Wenner swore in Mr. Snook for the unexpired term ending 1/31/22.

Mr. Wenner swore in Mr. DeYoung for the alternate #2 seat which expires 2/2025.

5. Roll Call of Members and Professionals

The following Members were present:

Paul Kearney

Dave McDermott

Kristin Wheaton

Andrew Pitsker

Edward Snook

Scott Galway

Edward DeYoung

The following professionals were present:

Donelle Bright, Administrator/CFO; Rich Wenner, MUA Attorney; Steven Benosky, Engineer; Rob McNinch, Auditor; Jaclyn McCabe, Recording Secretary; Howard Lazier, Licensed Operator.

6. Open Meeting to the Public (for Agenda Items Only)

Mr. Pitsker motioned to open to the public for an agenda item, which was seconded by Mr. McDermott, and carried by unanimous vote. Ms. McCabe informed hands were raised virtually.

Mr. Furrey congratulated the new Commissioners who were appointed. Mr. Furrey stated he will still be involved with the MUA as he is on Town Council and discussed that he is not in favor of raising rates. Mr. Furrey stated that the users are now paying high rates and it is not sustainable.  Mr. Furrey added that the 2023 increase should not be on the backs of the rate payors and does not support increasing rates. Mr. Furry will like to have quarterly meetings with the Town Council and MUA and work together to solve this complex problem.

Ms. Paladini welcomed back Mr. Snook and stated Mr. DeYoung, is a wonderful candidate and was great on the BOE. Ms. Paladini spoke to Mr. Furrey and was asked to speak only to the agenda by Mr. Wenner. Ms. Paladini stated that she had something significant to say about the sewer service area, but will wait until that section of the agenda.

Mr. Pitsker made the motion to close the meeting for agenda items only, which was seconded by Mr. McDermott and carried by unanimous votes.

7. Approval of Minutes:
   1. 12/16/21

Mr. Pitsker made the motion to approve the December 16, 2021 minutes, which was seconded by Mr. McDermott and declared carried by affirmative votes of Mr. Kearney, Mr. Pitsker, Ms. Wheaton, and Mr. McDermott.

1. Executive Meeting Minutes:
   1. 6/3/21

Mr. Pitsker made the motion to approve the 6/3/21 Executive minutes, which was seconded by Mr. McDermott and declared carried by affirmative votes of Mr. Kearney, Mr. Pitsker, Mr. McDermott, and Mr. Galway.

1. 8/19/21

Ms. Wheaton stated verbiage in the minutes was not clear. Ms. Bright responded the minutes will be updated and added to the next agenda.

• 9/2/21

Mr. Pitsker made the motion to approve the 9/2/21 Executive minutes, which was seconded by Mr. McDermott and declared carried by affirmative votes of Mr. Pitsker, Mr. McDermott, and Mr. Galway.

1. 10/21/21

Ms. Wheaton made the motion to approve the 10/21/21 Executive minutes, which was seconded by Mr. Pitsker and declared carried by affirmative votes of Mr. Pitsker, Mr. McDermott, Ms. Wheaton, and Mr. Galway.

1. 12/16/21

Mr. McDermott made the motion to approve the 12/16/21 Executive minutes, which was seconded by Ms. Wheaton and declared carried by affirmative votes of Mr. Kearney, Mr. Pitsker, Mr. McDermott, and Ms. Wheaton.

8. Resolutions:
   1. #22-01 Approving EDU Calculations for 310 Rt 94

Discussion was held on the number of EDU’s allocated to the property and if the count was raised from the original business. It was determined that the number did raise but was unsure by how many. The target start date for billing was questioned which was answered stating after the final CO is issued the billing is then initiated.

Mr. Pitsker made the motion to approve Resolution #22-01, which was seconded by Mr. McDermott and declared carried by affirmative votes of Mr. Kearney, Mr. McDermott, Mr. Pitsker, Ms. Wheaton and Mr. Snook.

 

1. #22-02 Authorizing Employment Contract with Keisel Reyes as Sewer Repairer

Ms. Bright informed the second sewer repairer has moved on to another employer and after several interviews it was determined Mr. Keisel Reyes would be a good fit for the position. It was noted that as long as the resolution is approved, Mr. Reyes will start Monday. Additionally, after this hire, both positions will be filled.

Ms. Wheaton made the motion to approve resolution # 22-02, which was seconded by Mr. McDermott, and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Mr. Pitsker, Ms. Wheaton, and Mr. Snook.

9. Rate Hearing and 2022 Budget Approval
   1. Rate Hearing

Mr. Pitsker motioned to open the rate hearing to the public, which was seconded by Ms. Wheaton, and carried by unanimous votes.

Ms. McCabe stated no members of the public wished to speak.

Mr. Pitsker motioned to close the rate hearing to the public, which was seconded by Mr. Snook, and carried by unanimous votes.

1. Resolution #22-03 2022 Rate Adoption

Mr. Pitsker made the motion to approve resolution #22-03, which was seconded by Ms. Wheaton, and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Mr. Pitsker, Mr. Snook, and Ms. Wheaton.

1. Resolution #22-04 2022 Budget Adoption

The 2022 budget is presented for adoption with a 2% rate increase anticipated.  This would raise all rates 2%, which is an increase of $28.30 per EDU.

Mr. Pitsker made the motion to approve resolution #22-04, which was seconded by Mr. McDermott, and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Mr. Pitsker, Mr. Snook, and Ms. Wheaton.

10. Administrator Update

Ms. Bright updated on the PS2 project stating that it is review with the NJDEP. Once this is approved, we can move forward; however, due to COVID restrictions there are reduced office hours resulting in longer review times.

With regards to the sewer service area, due to the town center designation, which was approved, the initial application that was sent to the DEP for sewer expansion needed to be updated. Additionally, some of the previously requested areas are now in town center. The update has been completed and will be sent to the DEP for review. Discussion with respect to the ESA and the expansion request was held. It was noted that many areas are now included; however, some areas are still not included in the town center and will be requested for inclusion.

Ms. Bright discussed capital items for 2022 and requested to know any specifics projects were desired to be included. Ms. Bright reported already on the list is to address the drainage ditches near pump station 1, to repair or replace the building at pump station 3, evaluation of the force main running along the railroad, the consistent replacement of pumps, and to replace the valves in the manholes at pump station 3. Ms. Bright discussed that the force main evaluation is specifically important to review the interior of the line and will work with Mr. Benosky on the best way to do the evaluation. In regards to updated pump station three, quotes have been obtained and are being reviewed.

Ms. Bright discussed the budget, which was just passed, includes a 2% raise in rates. The rates being raised is in anticipation of next year’s SCMUA increase. Ms. Bright reviewed a state regulation that was recently passed allowing any outstanding bills from 2021, not including 2020 since they were sold at tax sale, to receive a grace period through March 22, 2022. This will give the ability for ratepayers to contact the MUA office and set up a payment plan, which will remove any interest on the outstanding charges. Ms. Bright stated there is a notice on the website regarding this regulatory change and to contact our office for the approval and creation of a 12-month payment plan.

11. Licensed Operator Report

Due to connection issues the licensed operator report was not discussed.  

12. Engineer Report

Mr. Benosky reported the IBank approvals are currently being obtained and are expected to come through any day. Additionally, the soil erosion permit application was submitted and the draft bid documents are prepared.

Mr. Benosky gave a brief update regarding the water infrastructure project the town is working on. Mr. Benosky discussed that there have been comments received from the township engineer and they are currently trying to coordinate the traffic maintenance requirements for Route 515. Mr. Benosky stated that the first plan was not accepted by the county but changes have been made and it seems now to be acceptable. Mr. Benosky also discussed that a draft e-mail is being prepared to send to Suez for additional specifics regarding tank options.

Mr. Benosky stated an additional memo was submitted to the MUA with recommendations for ditch #1. Also, another walk through of the easement ditch area was performed on the two other existing ditches and further evaluation is necessary.

Mr. Benosky mentioned there is ongoing correspondence with the NJDOT regarding utility agreements for the areas on Rt 94 to Maple Grange.

13. Open to the Public for Items Not on the Agenda

Mr. Pitsker made the motion to open to the public for the items not on the agenda, which was seconded by Mr. McDermott, and carried by unanimous votes. Ms. McCabe informed hands were raised virtually.

Ms. Paladini commented that Mr. Furrey has no authority to engage as a council member to the MUA and must speak as a member of the public. Ms. Paladini inquired if the DEP has commented on the sewer service area. Ms. Bright informed Ms. Paladini that there have been multiple conversations and comments but nothing official at this time. Ms. Paladini stated she believes that being the CFO and Administrator is a conflict of interest. Ms. Paladini states that Mr. Shortway chased prior executives out of their jobs and accused people of false things, which lead to the resignation of members. Ms. Paladini added she was the recording secretary and she has all the MUA records from the inception of the MUA including: recordings, executive minutes, and maps. Ms. Paladini stated that there was a large colored map presented to the MUA by the former engineer for the sewer service area expansion, that was submitted to the DEP.  Ms. Paladini stated that Mr. Furrey has stated so many false things which have been proven to be false, including the Baldwin property could never be developed because of the bobcat areas.  Ms. Paladini added that she has requested the specific map, which she was not been given, as she was told that there is no record of the map; however, she knows that it does exist as she has a copy. Ms. Paladini added that on the map the Baldwin property is in the sewer service area as well as the proposed. Ms. Paladini stated this is very serious as she cannot obtain the map via OPRA but it does exist. Ms. Paladini inquired why the map was changed after Mr. Furrey was on the board as prior to this the map existed and was sent to the DEP with the expansion plan. Ms. Paladini stated she will not give the map to the MUA, and it is a very big problem that it can not be obtained through OPRA, which is the law.

Mr. Pitsker made the motion to close to items not on the agenda, which was seconded by Mr. McDermott, and carried by unanimous votes.

14. Commissioners’ Comments

Mr. McDermott wished the new employee luck. Mr. McDermott also gave recognition to Mr. Kearney for running a good meeting. Mr. McDermott ended by stating the DEP is a stumbling block and we need to get moving on pump station 2.

Mr. Pitsker welcomed the new members to the board and is looking forward to working together and having a lot of activity. Mr. Pitsker added for the charters, the water has moved to a town project, and the charters need to be addressed. Mr. Pitsker stated regarding rates that he is apprehensive, as he dislikes the burden on rate payers, and anticipates feedback. Mr. Pitsker is looking for a refreshing start for 2022 and thanked Ms. Bright and Ms. McCabe for all the work being done.

Ms. Wheaton welcomed back Mr. Snook and welcomed Mr. DeYoung. Ms. Wheaton spoke to the public comments stating that former employees left for personnel or personal reasons and has nothing to do with the members of the board.

Mr. Galway congratulated Mr. Keary and Mr. Pitsker on their elections, as he could not be in the December meeting. Mr. Galway welcomed the two new commissioners.

Mr. DeYoung had no comments.

Mr. Snook commented things he worked on when he was on the board the first time, are still being worked on, and he hopes to finalize them. Mr. Snook commented he looks forward to working with everyone.

15. Chairman’s Comments

Mr. Kearney backed up Ms. Wheaton’s comments regarding former employees and the reasons surrounding the resignations. Mr. Kearney spoke to the sewer service area plans and the DEP, he knows from his day job, that working from home is making work difficult and creating a slower pace. Mr.  Kearny added it is out of our hands after submission and we cannot push to move things along faster.  Mr. Kearney would like to recognize past board members for their time served on the board. Ms. Bright added we have found something we would like to do for recognition but had to wait for the budget to be passed.

16. Executive Session:
    1. Resolution # 22-05 For Purposes of Litigation

Mr. McDermott made the motion to approve resolution 22-05 executive Session, for purposes of litigation, which was seconded by Ms. Wheaton and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Ms. Wheaton, Mr. Pitsker, Mr. Snook, Mr. Galway and Mr. DeYoung.

Mr. Pitsker made the motion to reconvene, which was seconded by Mr. McDermott and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Ms. Wheaton, Mr. Pitsker, Mr. Snook, Mr. Galway and Mr. DeYoung.  

Mr. Pitsker made the motion to approve resolution 22-05 executive Session, for purposes of litigation, which was seconded by Mr. McDermott and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Ms. Wheaton, Mr. Pitsker, Mr. Snook, Mr. Galway and Mr. DeYoung.  No action will be taken upon reconvening.

Mr. Pitsker made the motion to reconvene, which was seconded by Mr. McDermott and carried by the affirmative votes of Mr. Kearney, Mr. McDermott, Ms. Wheaton, Mr. Pitsker, Mr. Snook, Mr. Galway and Mr. DeYoung.  

Mr. Wenner stated that the executive session lasted 30 minutes covering two topics which were ongoing litigation, no action taken, and attorney client privilege, no action taken.

17. Adjournment

Mr. Pitsker made the motion to adjourn the meeting at 8:59 pm, which was seconded by Ms. Wheaton and carried by unanimous votes.

Respectfully submitted,

_______Jaclyn McCabe____________

Minutes approved: 2/17/22