January 5, 2011 regular meeting of the musconetcong sewerage authority

January 5, 2011

REGULAR MEETING OF THE MUSCONETCONG SEWERAGE AUTHORITY

Chairman Rattner called the meeting to order at 7:35 PM. Following salute to colors, announcement was made that adequate notice of this meeting had been provided for as defined by the “Open Public Meetings Act”.

MEMBERS PRESENT: David Hoyt, John Kieser, Patrick Kunkel,

Melanie Michetti, Daren Phil, Michael Pucilowski,

Steven Rattner, Joseph Schwab, John Sylvester.

MEMBERS ABSENT: Donald Bates, James Benson, Edward Schwartz.

OTHERS PRESENT: David Biasi, Larry Kron, Esq., Lee Purcell.

Chairman Rattner opened and closed the meeting to the public.

December 1, 2010 Regular Meeting Minutes were approved on a motion offered by

Mr. Sylvester, seconded by Mrs. Michetti. Roll call:

Mr. Hoyt abstain Mr. Pucilowski abstain

Mr. Kieser yes Mr. Rattner yes

Mr. Kunkel yes Mr. Schwab abstain

Mrs. Michetti yes Mr. Sylvester yes

Mr. Phil yes
The Expenditures/Treasurer’s Report was accepted on a motion offered by

Mr. Schwab seconded by Mr. Kunkel and the affirmative roll call vote of members present.

Pending Vouchers were approved for payment on a motion offered by Mr. Schwab, seconded by Mr. Kunkel and the affirmative roll call vote of members present.

RENEWAL/REPLACEMENT ACCT
Hawkins, Delafield & Wood	$26,185.99
Nusbaum, Stein	$4,213.00
Lee T. Purcell Assoc.	$18,633.10
Star Ledger	$464.68
OPERATING ACCOUNT
ADP	$550.37
AllMax Software	$800.00
Assoc. of Environmental Authorities	$3,300.00
Bank of NY	$11,932.50
Nicholas Barbato	$276.00
David Biasi	$101.65
Patrick Biasi	$129.99
Cintas Corp.	$833.04
Cintas First Aid & Safety	$105.51
FedEx	$24.70
Grainger	$661.68
Hach Co.	$763.71
Hess	$30,174.25
J C P & L	$13,158.93
Kemira	$4,736.25
Motion Inc.	$1,247.22
NJ American Water	$479.62
NJSHBP	$14,409.85
NJ Utility Authorities JIF	$41,851.37
NJWEA	$75.00
Najarian Assoc.	$840.00
NetAccess	$240.00
Northeast Industrial Tech	$3,107.78
Nusbaum, Stein	$44.00
One Call Concepts	$23.54
Passaic Valley SC	$24,037.00
Polydyne Inc.	$1,926.00
Lee T. Purcell Assoc.	$680.00
QC Laboratories	$2,000.00
R D Trucking	$23,048.00
Rowe & Co.	$123.22
Shell Fleet Plus	$671.57
Martha Soccio	$65.00
Martha Soccio	$120.03
Elmer M. Still	$199.00
Suburban Propane	$5,123.25
TD Bank	$4,935.00
Transcription Gear	$529.37
Treas. State of NJ	$563.20
US Bank	$1,785.00
US Bank	$1,335.00
US Bank	$2,693.75
USA Bluebook	$1,516.06
UNUM Life Ins.	$1,319.21
Verizon Communications	$42.99
Verizon	$572.50
Waste Management of NJ	$526.92
Zep Mfg Co.	$1,703.05

The following correspondence was received and filed on a motion offered by

Mr. Hoyt, seconded by Mr. Pucilowski and the affirmative vote of members present.

A. 11/29/2010 Assemblyman DiMaio – Assembly Bill 3088

B. 11/29/2010 NJ Utility Authorities JIF – 2010 Dividend

C. 12/06/2010 NJDEP – FY2011 Annual Fee Report

D. 12/07/2010 L. Kron, Esq. – Contract No. 240 Insurance

E. 12/08/2010 NJ SEM – Refund

F. 12/09/2010 NJDEP – Payment Request No. 1 Approval

G. 12/10/2010 LTPA - Contract 230 Recommendation to Award

H. 12/10/2010 NJDEP – Dec. 2, 2010 Inspection

I. 12/13/2010 L. Kron, Esq. – Contract 225 Insurance

J. 12/13/2010 L. Kron, Esq. – Contract 240 Insurance

K. 12/16/2010 D. Biasi – Retirement

L. 12/16/2010 NJDEP – Monitoring for Mercury

M. 12/17/2010 EcolSciences, Inc. – Acorn Plaza Extension of LOI

N. 12/22/2010 LTPA – Preconstruction Meeting Contract 225

O. 12/22/2010 LTPA – Preconstruction Meeting Contract 240

P. 12/22/2010 LTPA – Recommendation to Award Contract 235 REV

Q. 12/27/2010 Beth Styler Barry – Lk Hopatcong Water Level Management Plan

R. 01/03/2011 DEP Public Meeting on Sewer Service Area Map in Morris County

S. Mt. Arlington Res. 2010-149 Modifying Easement

Monthly Repairs & Maintenance Report was accepted on a motion offered by

Mr. Pucilowski, seconded by Mr. Schwab and the affirmative vote of members present.

Chairman Rattner will contact and ask Mr. Reiser of USGS to attend the next MSA meeting to explain his proposal for the installation and maintenance of a monitoring station that would measure the Musconetcong River flow upstream from the MSA outfall. Najarian Assoc. will also be contacted for their expertise in this regards.

The pre-construction meetings took place today for Contracts 225 & 240. Contract 220 will be advertised in mid-January with receipt of bids in mid-February. The first payment request has been approved and received by MSA from NJDEP. Mr. Purcell suggested that a committee be established to consider state funding of future projects (The 5 Priority Projects are part of the original 13 Proposed Projects list). Mr. Kieser noted that the 5 Priority Projects took care of the major maintenance for the next 3 – 5 years. Chairman Rattner mentioned that the list should be looked at and updated yearly and that some items can be funded under the Renewal/Replacement Acct. The Engineer’s Report was accepted on a motion offered by Mr. Pucilowski seconded by Mr. Sylvester and the affirmative vote of members present.
Commissioner Pucilowski is working with Mr. Biasi on the proposal for installation of a gate and will obtain quotations before the end of the year.
Motion offered by Mr. Pucilowski, seconded by Mr. Hoyt authorizing a letter (as recommended by the Musconetcong Watershed Assoc.) be sent to NJDEP Commissioner Robert Martin opposing the addition of the Low Water section of the draft Lake Hopatcong Water Level Management Plan. Roll call:
Mr. Hoyt yes Mr. Pucilowski yes

Mr. Kieser no Mr. Rattner yes

Mr. Kunkel yes Mr. Schwab no

Mrs. Michetti no Mr. Sylvester yes

Mr. Phil yes
Chairman Rattner and Mr. Kron will review and modify the proposed letter and resolution and contact the Commissioners prior to the letter being sent to Robert Martin.

Res. No. 11-01 Modifying An Easement Between the Borough of Mount Arlington and the Musconetcong Sewerage Authority was moved by Mr. Pucilowski, seconded by Mr. Phil and the affirmative roll call vote of members present.
RESOLUTION NO. 11-01

Resolution of the Musconetcong Sewerage Authority

Modifying an Easement Agreement between the

Borough of Mount Arlington and the Musconetcong

Authority on Certain Property in the Borough of Mount

Arlington Known as Block 18, Lot 12 on the Tax Map

of the Borough of Mount Arlington

WHEREAS, on April 20, 1994, the Borough of Mount Arlington granted to the Musconetcong Sewerage Authority (hereinafter “Authority”) a permanent municipal utility easement for the installation of a pumping station and appurtenance on a portion of said property known as Block 18, Lot 12; and

WHEREAS, the Authority has constructed the aforesaid pumping station and appurtenances on said property; and

WHEREAS, it has been determined by the Authority that it no longer requires the easement over the entire property which consists of 10,000 square feet, but requires the easement on a smaller area consisting of approximately 3,594 square feet; and

WHEREAS, it has further been determined that the property upon which the pumping station has been constructed is within “Green Acres” designation by the State of New Jersey; and

WHEREAS, N.J.S. 40A:12-13, et al., permits the conveyance to another municipality of any part of tract of land with or without improvements no longer needed for said purposes; and

WHEREAS, the Easement dated April 20, 1994 was granted to the Authority by the Borough of Mount Arlington without consideration.

NOW, THEREFORE, BE IT RESOLVED, by the Commissioners of the Musconetcong Sewerage Authority that the Authority agrees to modify the Easement Agreement dated April 20, 1994, as set forth in Modification of Easement Agreement attached hereto.

Res. No. 11-02 Awarding Contract 230 to DeMaio Electrical Co., Inc. was moved by

Mr. Kunkel, seconded by Mr. Kieser and the affirmative roll call vote of members present.

RESOLUTION NO. 11-02

Resolution of the Musconetcong Sewerage Authority

Awarding Contract No. 230 to DeMaio Electrical Co., Inc.,

to Upgrade and Replace Pumping Station No. 6

WHEREAS, on December 8, 2010, the Musconetcong Sewerage Authority received the following bids to upgrade and replace Pumping Station No. 6 (Acorn Street, Stanhope, New Jersey):

1. DeMaio Electrical Company, Inc. $ 382,499.00

PO Box 5907

Hillsborough, NJ 08844

2. CFM Construction, Inc. $ 394,600.00

5 Bay Street

Stirling, NJ 07980

3. Maple Construction Co., Inc. $ 403,500.00

Hamilton Business Park

85 Franklin Road, Unit 9B

Dover, NJ 07801

4. Ferraro Construction Corp. $ 441,800.00

5 Park Drive

Franklin, NJ 07416

5. EDC Electric $ 444,000.00

Electrical Design Construction Corp.

PO Box 7404

Shrewsbury, NJ 07702

6. Underground Utilities Corp. $ 448,000.00

711 Commerce Road

Linden, NJ 07036

7. Coppola Services, Inc. $ 459,978.00

28 Executive Parkway

Ringwood, NJ 07456

8. JEV Construction LLC $ 478,000.00

1040 Potter Avenue

PO Box 4025

Union, NJ 07083

9. Jogi Construction $ 483,293.00

29 Wood Avenue

Edison, NJ 08820
10. HC Constructors Inc. $ 484,065.00

295 Route 22 East, Suite 101W

Whitehouse, NJ 08889

11. Alpine Painting & Sandblasting Contractors $ 558,866.00

17 Florida Avenue

Paterson, NJ 07503

WHEREAS, the Commissioners of the Musconetcong Sewerage Authority hereby make the following findings of fact:

1. DeMaio Electrical Company, Inc., submitted the lowest, responsible, responsive bid for Contract No. 230 in the amount of $382,499.00;

2. DeMaio Electrical Company, Inc., is a conforming bid in that it complied with all of the requirements of the Notice to Bidders and submitted all of the required documentation, namely:

a. Consent of Surety;

b. Bid Bond;

c. Disclosure Statement;

d. Public Works Contractor’s Registration Act;

e. Business Registration Certificate;

f. Non-Collusion Affidavit;

g. Affirmative Action Plan;

h. Certificate of Registration;

i. Material and Equipment Information; and

j. Statement of Experience; and

WHEREAS, sufficient funds are available through the New Jersey Environmental Infrastructure Trust to pay for said Contract; and

WHEREAS, Lee T. Purcell Associates, Consulting Engineers for the Musconetcong Sewerage Authority have reviewed the bid, and by letter dated December 10, 2010, have recommended that the Musconetcong Sewerage Authority award Contract No. 230 to DeMaio Electrical Co., Inc., on its bid of $382,499.00 as the lowest, responsible, responsive bidder, contingent upon approval from NJDEP.

NOW, THEREFORE, BE IT RESOLVED, by the Commissioners of the Musconetcong Sewerage Authority that Contract No. 230 be awarded to DeMaio Electrical Co., Inc., on its bids of $382,499.00; and be it

FURTHER RESOLVED, that the Secretary is hereby authorized and directed to return the bid bond all of the unsuccessful bidders, except for CFM Construction, Inc., and Maple Construction Co., Inc.; and be it

FURTHER RESOLVED, that the Secretary is hereby authorized and directed to return the bid bonds of CFM Construction, Inc., and Maple Construction Co., Inc., upon receipt of the fully executed Contract and all other required documents from DeMaio Electrical Co., Inc.; and be it

FURTHER RESOLVED, that the amount of the Contract shall not exceed $382,499.00 without further approval from the Musconetcong Sewerage Authority, and the Musconetcong Sewerage Authority shall not be liable to pay any amount over and above $382,499.00 without prior written approval; and be it

FURTHER RESOLVED, that Steven Rattner as Chairman is hereby authorized to execute the Contract with DeMaio Electrical Co., Inc., on behalf of the Musconetcong Sewerage Authority.

Res. No. 11-03 Awarding Contract 2345 REV to CFM Construction Co. was moved by

Mr. Pucilowski, seconded by Mr. Kieser and the affirmative roll call vote of members present.

RESOLUTION NO. 11-03

Resolution of the Musconetcong Sewerage Authority

Awarding Contract No. 235 Rev. to CFM Construction, Inc.,

to Rehabilitate Soda Ash Systems at the Water Pollution

Control Plant

WHEREAS, on December 15, 2010, the Musconetcong Sewerage Authority received the following bids to rehabilitate Soda Ash System at the Water Pollution Control Plant:
1. CFM Construction, Inc. $ 180,300.00

5 Bay Street ($152,800.00)*

Stirling, NJ 07980

2. EDC Electric $ 193,000.00

Electrical Design Construction Corp. ($169,000.00)*

PO Box 7404

Shrewsbury, NJ 07702

3. Maple Construction Co., Inc. $ 207,000.00

Hamilton Business Park ($198,800.00)*

85 Franklin Road, Unit 9B

Dover, NJ 07801

4. Iron Hills Construction Co. $ 250,245.00

17 Alpine Drive ($223,045.00)*

Wayne, NJ 07470

5. Jogi Construction $ 269,000.00

29 Wood Avenue ($242,000.00)*

Edison, NJ 08820

6. Alpine Painting & Sandblasting Contractors $ 271,953.00

17 Florida Avenue ($244,743.00)*

Paterson, NJ 07503

*Excluding Sections 101.1, Sublisting a) and b), 101.2 & 101.3

WHEREAS, the Commissioners of the Musconetcong Sewerage Authority hereby make the following findings of fact:

1. The Proposal required all Bidders to submit a bid for Contract No. 235 Rev. based on the total amount of all work listed in the Specifications, and a bid based on above lump sums excluding Sections 101.1, Sublisting a) and b), 101.2, and 101.3 which included spot cleaning and painting interior surfaces where directed or required.

2. CFM Construction, Inc., submitted the lowest, responsible, responsive bid for Contract No. 235 Rev. based on the total Contract in the amount of $180,300.00, and also submitted the lowest responsible, responsive bid for Contract No. 235 in the amount of $152,800.00 excluding Sections 101.1, Sublisting a) and b), 101.2 and 101.3.

3. CFM Construction, Inc., is a conforming bid in that it complied with all of the requirements of the Notice to Bidders and submitted all of the required documentation, namely:

a. Consent of Surety;

b. Bid Bond;

c. Disclosure Statement;

d. Public Works Contractor’s Registration Act;

e. Business Registration Certificate;

f. Non-Collusion Affidavit;

g. Affirmative Action Plan;

h. Certificate of Registration;

i. Material and Equipment Information; and

j. Statement of Experience; and

WHEREAS, sufficient funds are available through the New Jersey Environmental Infrastructure Trust to pay for said Contract; and

WHEREAS, Lee T. Purcell Associates, Consulting Engineers for the Musconetcong Sewerage Authority have reviewed the bids, and by letter dated December 15, 2010, have recommended that the Musconetcong Sewerage Authority award Contract No. 235 Rev. to CFM Construction, Inc., on its total bid including Items 101.1, Sublisting a) and b), 101.2 and 101.03 in the amount of $180,300.00 which is below the preconstruction cost estimate of $160,000.00 by 4½ percent.

NOW, THEREFORE, BE IT RESOLVED, by the Commissioners of the Musconetcong Sewerage Authority that Contract No. 235 Rev. inclusive of Sections 101.1, Sublisting a) and b), 101.2 and 101.3, be awarded to CFM Construction, Inc., on its bid of $180,300.00; and be it

FURTHER RESOLVED, that the Secretary is hereby authorized and directed to return the bid bond all of the unsuccessful bidders, except for EDC Electric and Maple Construction Co., Inc.; and be it

FURTHER RESOLVED, that the Secretary is hereby authorized and directed to return the bid bonds of EDC Electric and Maple Construction Co., Inc., upon receipt of the fully executed Contract and all other required documents from CFM Construction, Inc.; and be it

FURTHER RESOLVED, that the amount of the Contract shall not exceed $180,300.00 without further approval from the Musconetcong Sewerage Authority, and the Musconetcong Sewerage Authority shall not be liable to pay any amount over and above $180,300.00 without prior written approval; and be it

FURTHER RESOLVED, that Steven Rattner as Chairman is hereby authorized to execute the Contract with CFM Construction, Inc., on behalf of the Musconetcong Sewerage Authority.

Chairman Rattner noted that NJDEP will be holding a public meeting on February 9^th at the Morris County Library on the proposed draft sewer service area map in Morris County. Commissioner Michetti suggested that the municipalities check the Morris County website for mapping changes in the wastewater service area.

Motion made by Mr. Pucilowski, seconded by Mr. Schwab and the affirmative roll call vote of members present for the commissioners to go into closed session at 8:35 PM:

WHEREAS, Section 8 of the Open Public Meetings Act (N.J.S.A. 10:4-12 (b)

(1-9) permits the exclusion of the public from meeting in certain circumstances;

WHEREAS, the Commissioners of the Musconetcong Sewerage

Authority is of the opinion that such circumstances exist.

NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Musconetcong Sewerage Authority as follows:

1. The public shall be excluded from discussion of, action on and hearing the tape of closed session of the Musconetcong Sewerage Authority;

2. The general nature of the subject matter to be discussed is as follows:

Personnel

The above subject matter will be made public as soon therefore as it is deemed to be in the public interest.

Chairman Rattner re-opened the meeting at 9:03 PM.

Motion offered by Mr. Pucilowski, seconded by Mr. Hoyt authorizing a bonus to

David Biasi and Martha Soccio in the amount of one half of 1% of their 2010 salary for 6 months.

Roll call:
Mr. Hoyt yes Mr. Pucilowski yes

Mr. Kieser yes Mr. Rattner yes

Mr. Kunkel abstain Mr. Schwab yes

Mrs. Michetti yes Mr. Sylvester yes

Mr. Phil yes

Motion offered by Mr. Pucilowski, seconded by Mr. Hoyt authorizing a salary increase for the year 2011 to David Biasi in the amount of 3% . Roll call:

Mr. Hoyt yes Mr. Pucilowski yes

Mr. Kieser yes Mr. Rattner yes

Mr. Kunkel abstain Mr. Schwab yes

Mrs. Michetti yes Mr. Sylvester yes

Mr. Phil yes
The Authority acknowledged Mr. Biasi’s letter of intent to retire and requested him to prepare a job description for publication in the papers and other associations.

Motion was offered by Mr. Hoyt, seconded by Mr. Kieser to adjourn and by the affirmative vote of members present, Chairman Rattner adjourned the meeting at 9:06 PM.

Respectfully Submitted:

Martha Soccio

Admin Asst