HMUA MINUTES REGULAR MEETING OF JUNE 11, 2013

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HMUA MINUTES REGULAR MEETING OF JUNE 11, 2013 ADMINISTRATION BUILDING 424 Hurley Drive Hackettstown, NJ Page 0

REGULAR MEETING OF JUNE 11, 2013 JACOB GARABED ADMINISTRATION BUILDING The meeting was called to order by Chairperson Brown at 8:00 P.M. Roll call indicated the following members in attendance: Brown, Harper and Kelly. Also attending: Jeffery Fiedler, Henry Riewerts, Maximillian Spann, Jr., Counselor Zaiter, Project Engineer David Klemm, Executive Director Smith, Deputy Director Perry and Recording Secretary Palma. Chairperson Brown announced that adequate notice of this meeting has been given to the area press and the Town of Hackettstown, and shall be convened and conducted in accord with the requirements of the Open Public Meetings Act. Chairperson Brown led a salute of the United States Flag. Chairperson Brown indicated that approval of the May 14 th Regular Meeting to be the next agenda item. A motion to approve the minutes was made by Kelly, being seconded by Harper with Brown, Harper and Kelly voting yea. Chairperson Brown indicated that approval of the May 14 th Executive Session to be the next agenda item. A motion to approve the minutes was made by Kelly, being seconded by Harper with Brown, Harper and Kelly voting yea. Chairperson Brown opened the meeting to public participation and noted there were members of the public present for a specific agenda item. Chairperson Brown stated the next agenda item was discussion and possible action regarding any project change orders. Executive Director Smith confirmed there were no change orders. Chairperson Brown stated that Resolutions pertaining to financial transactions to be the next order of business. The following Resolution #13-2940 was proposed by Kelly who moved its adoption: Resolution #13-2940A BE IT RESOLVED, that the following Operations Expense Requisitions be formally approved: Dated: May 03, 2013 OEA-1001 SL-11 $191,001.98 Dated: May 17, 2013 OEA-1002 SL-12 72,905.25 Dated: May 31, 2013 OEA-1003 SL-13 92,416.58 Total $356,323.81 Resolution #13-2940B BE IT RESOLVED, that the following Construction Aid Fund Requisition #CAF- 367 be formally approved: REQUISITION #CAF-367 Page 1

Hatch Mott MacDonald Engineering Services $ 12,396.00 USA BlueBook Confined Space Crane/Trolley 2,650.20 Total $15,046.20 Resolution #13-2940C BE IT RESOLVED, that the following Renewal and Replacement Fund Requisition #RR-186 be formally approved: REQUISITION #RR-186 Badger Meter, Inc. 5/8 & 1 Meters/ERTs $ 15,996.00 Capitol Supply Distribution Supplies 1,327.44 Envirosight ROVVER Repair 1,979.45 Hatch Mott MacDonald Engineering Services 21,841.00 Hatch Mott MacDonald Engineering Services 15,450.00 Reivax Contracting Corp. Contract No. 40W (Final) 14,916.89 Tilcon New York Inc. Backfill Material (DGABC) 5,917.70 Resolution #13-2940D Total $ 61,796.48 BE IT RESOLVED, that the following Escrow Sub-Requisition #ESR-232 be formally approved: REQUISITION #ESR-232 Hatch Mott MacDonald CVS $ 708.00 Hatch Mott MacDonald NJDOT Rt. 46 Bridge 1,265.00 Total $ 1,973.00 The Resolution was seconded by Harper and upon roll call vote carried: Ayes: Brown, Harper and Kelly voting yea. Chairperson Brown stated the next agenda item was discussion and possible action to authorize an auction of the Reservoir Properties. Chairperson Brown acknowledged Mr. Fiedler and Mr. Spann. Mr. Fiedler was asked to proceed with his proposal. Mr. Spann decided to exit the meeting during the Fiedler presentation. Mr. Fiedler began his presentation by providing an overview of his company. He explained the various property auction options how he proposed to auction the properties. He also confirmed that there would be no cost to the Authority for the marketing or advertising. A 10 percent Buyer s Premium would be paid to Fiedler by the Buyer. Mr. Fiedler and Mr. Riewerts answered many questions concerning the different types of auctions and some concerns presented by the Board. Mr. Fiedler and Mr. Riewerts thanked the Board and exited the meeting. Chairperson Brown then acknowledged Mr. Spann. Mr. Spann also provided an overview of his company and how he would conduct an auction for the Authority. He explained the various types of auctions that could be done that would benefit the Authority. Mr. Spann also stated that a 10 percent Buyer s Premium would be paid Page 2

to Spann by the Buyer. It was noted that the proposal provided for HMUA to reimburse Marketing costs to Spann in the event that the properties did not sell. Mr. Spann confirmed that this was something that could be worked on. A lengthy conversation followed with all Board Members participating. Mr. Spann thanked the Board and exited the meeting. Chairperson Brown stated the next agenda item was discussion and possible action to authorize advertisement and receipt of bids for Contract #42SW Claremont Generator and WPCP Generator Interconnection Project. The following Resolution #13-2942 was proposed by Kelly who moved its adoption. WHEREAS, Hatch Mott MacDonald Engineering was previously authorized to prepare the plans and specifications for the bidding of Contract #42SW, Claremont Generator and WPCP Generator Interconnection Project; therefore, BE IT RESOLVED, the Town of Hackettstown Municipal Utilities Authority hereby authorizes the advertisement for the acceptance of bids for Contract #42SW, Claremont Generator and WPCP Generator Interconnection Project. This Resolution was seconded by Harper and upon roll call vote carried: Ayes: Brown, Harper and Kelly voting yea. At this point, Chairperson Brown requested Deputy Director Perry to proceed with his report. Deputy Director Perry began by stating that the Claremont Water Transmission Main Project 40W was finalized on June 3 rd. Perry also stated that the 60% design phase drawings for the Arthur Terrace and Collegeview Drive water main project should be received shortly.. Perry also stated that the HMUA continues to work on the water main project on Sharp Street. He confirmed that they have crossed Franklin and should be interconnecting the individual homes shortly. Perry continued by stating the new 800 gallon pump has been installed in the Claremont Well and testing was completed today by the DEP. Perry stated that the Well #9 Project will be presented to the Washington Township Planning Board on June 26 th and, once approved, they will be advertising for bids. Perry also stated that the American Water Works Association New Jersey Section would be accepting the Wandell LaDue Safety Award on behalf of the HMUA at the Annual Conference in Denver today. He confirmed they will present it to the Authority at one of their meetings. Perry concluded by stating HMM is continuing to work on the Hydraulic Model and will have a report for the next meeting. Upon completion of the Deputy Director s report, Chairperson Brown requested the Executive Director to proceed with his report. Page 3

Executive Director Smith stated he had a conversation with Washington Township s Planning Board engineer with regards to Well #9. He stated that he did not believe there would be any problem with the approval. Smith concluded by stating he and sewer utility staff have continued to refine the scope of a WPCP project. Two proposals have been previously submitted and we have requested another revision. Hatch Mott MacDonald should be submitting a revised proposal for possible consideration by the Board at the next meeting. Chairperson Brown requested Counselor Zaiter to proceed with his report. Counselor Zaiter stated he had nothing further to report. Engineer Klemm exited the meeting. At this point it was suggested that the Board convene into Executive Session. Resolution #13-2943 was proposed by Harper who moved its adoption. BE IT RESOLVED, on this 11 th day of June 2013, by the Hackettstown Municipal Utilities Authority and pursuant to N.J.S.A. 10:4-1 et. Seq., the Authority shall discuss contract negotiations and pending litigation matters in Executive Session. It is not possible, at this time, for the Authority to determine when and under what circumstances the above referenced items, which are to be discussed in Executive Session, can be publicly disclosed. A motion to convene into Executive Session was made by Harper and seconded by Kelly. Ayes: Brown, Harper and Kelly. THEREFORE, BE IT RESOLVED, on this 11 th day of June 2013, by the Hackettstown Municipal Utilities Authority that the matters, as noted above, will be discussed in Executive Session, said session commencing at 9:40 PM. Kelly moved to end Executive Session and re-enter Regular Session, said motion being seconded by Harper and all indicating approval at 10:17 PM. No formal action was taken during Executive Session. Upon completion of discussion on the auction of the Reservoir properties, the following Resolution #13-2944 was proposed by Kelly who moved its adoption. WHEREAS, the surface water supplies have not been used since 2008 and are no longer approved water supplies as detailed in the Hackettstown Municipal Utilities Authority New Jersey Department of Environmental Protection (NJDEP) approved Water Allocation Permit; and WHEREAS, the three properties associated with the surface water supply reservoirs include Mount Olive Township Block 8800, Lot 38 (approx. 3.62 acres), Mount Olive Township Block 8300, Lot 2 (approx. 187 acres) and Washington Township Block 9, Lot 32 (approx.. 14 acres) and are all located within the Highlands Preservation area; and Page 4

WHEREAS, the Authority desires to sell the property in order to eliminate expenses associated with property taxes, insurance and maintenance of the properties; and WHEREAS, for several years the Hackettstown Municipal Utilities Authority has pursued the preservation of the properties through NJ Green Acres and various other governmental agencies without success; and WHEREAS, the Hackettstown Municipal Utilities Authority has solicited proposals from Fiedler Realty, LLC and Max Spann Real Estate & Auction Company to market and conduct the auction of the three properties; therefore BE IT RESOLVED, the Town of Hackettstown Municipal Utilities Authority hereby authorizes the marketing and auction of the three properties by Fiedler Realty, LLC of Hackettstown, NJ at no cost to the Authority, further noting that the largest property (Mount Olive Block 8300, Lot 2) shall be auctioned with a deed restriction limiting future development to no more than 3 dwelling units and shall also include easements for the water distribution main through the property and the sanitary sewer within or adjacent to the property. This Resolution was seconded by Harper and upon roll call vote carried: Ayes: Brown, Harper and Kelly voting yea. Chairperson Brown requested whether anyone had business of a general nature to discuss. Board Member Kelly stated that he would not be at the July meeting. Chairperson Brown also indicated that he would not be at the next meeting. It was suggested that staff contact the other Board Members to confirm their attendance. If any other members were not available, the meeting could possibly be rescheduled for the following Tuesday, July 16th. Executive Director Smith confirmed that staff would check with the other members. There being no additional comments or discussion, Chairperson Brown declared a motion to adjourn would be in order and was so moved by Kelly, seconded by Harper and followed by a unanimous voice vote. Time 10:29 P.M. Bruce D. Smith Executive Director & Secretary Page 5