Following are the minutes of the regularly scheduled meeting of the Lambertville Municipal Utilities Authority held at the site of the Lambertville Municipal Utilities Authority located at Lambert Lane Extended on November 2, 2011 commencing at 6:30 PM.
The Statement of Compliance was read by Ms. MacGregor followed by the Pledge of Allegiance.
Roll of those present was as follows: Janine MacGregor, Vice Chairperson; Frank Kramer, Secretary; Robert Hayes, Treasurer; Paul Rotondi, Alternate One and Preston Klingseis Alternate Two.
Eric Richard and Vincent Uhl were not in attendance.
Also present were Thomas F. Horn, P. E., Executive Director and C. Gregory Watts, Esq., Watts, Tice and Skowronek.
The minutes from the October 4, 2011 meeting of the Lambertville Municipal Utilities Authority were approved in a motion made by Mr. Kramer and seconded by Mr. Hayes followed by a unanimous roll call vote by the Board.
There was no correspondence.
On October 28, 2011 two LMUA employees were given notices that they will no longer be eligible to receive reimbursement from the LMUA for the waiver of health coverage because their spouse has health coverage. The notice of this change came as a result of a new State of New Jersey rule regarding waiver of health coverage. As a result of that notice, James Mulligan, an LMUA employee came to speak to the Board. Prior to speaking, Attorney Watts told Mr. Mulligan that this is a personnel matter and that all personnel matters are discussed in Closed Session by the Authority with the public excluded. However, if Mr. Mulligan is willing to make the request in writing, the matter can be discussed in open session. Mr. Mulligan stated that he would be willing to make the request in writing and wants the matter to be discussed in open session. Attorney Watts again stated that it is Mr. Mulligan’s request to have the matter discussed in open session. Mr. Mulligan stated that when being interviewed by prior Executive Director James Meehan, Mr. Meehan gave Mr. Mulligan the option of accepting a benefit compensation package whereby he waived health coverage. Mr. Mulligan would receive compensation in place of the health coverage that would make up for a lower starting pay. Mr. Mulligan accepted the package. However, now that the State has taken that option away, that extra money will be taken away from Mr. Mulligan. Mr. Mulligan is asking if there is a way he can be compensated another way for that loss now that the LMUA cannot pay him for waiving the health coverage.. After a brief further discussion by Mr. Mulligan, the Board thanked Mr. Mulligan for coming to the meeting and asked that he return to the December meeting to receive a decision by the Board.
Mr. Horn told the Board that the LMUA is in the final stages of the construction. The odor control unit was started up on November 1, 2011. It takes approximately 10-20 days for the system to be ready for full operation.
The WMP has been advertised. The DEP agreed to all the changes that needed to be addressed. All requests for endorsement have been sent out to the City of Lambertville, United Water, Bucks County Water & Sewer Authority and Stockton. Additionally, the LMUA needs to adopt a Resolution consenting to the proposed endorsement. In a motion made by Mr. Kramer and seconded by Mr. Hayes with a unanimous roll call vote the following Resolution was adopted.
STATEMENT OF CONSENT
A RESOLUTION CONSENTING TO THE PROPOSED WATER QUALITY MANAGEMENT (WQM) PLAN AMENDMENT
ENTITLED: LAMBERTVILLE MUNICIPAL UTILTIES AUTHORITY
WASTEWATER MANGEMENT PLAN
HUNTERDON COUNTY, STATE OF NEW JERSEY
WHEREAS, the Lambertville Municipal Utilities Authority desires to provide for the orderly development of wastewater facilities within the Authority’s sewer service area; and
WHEREAS, the New Jersey Development of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater treatment service areas, as well as related subjects, be in conformance with an approved WQM plan; and
WHEREAS, the NJDEP has established the WQM plan amendment procedure as the method of incorporating unplanned facilities into a WQM plan; and
WHEREAS, a proposed WQM plan amendment noticed in the New Jersey Register on October 17, 2011 for the Lambertville Municipal Utilities Authority Wastewater Management Plan has been prepared by Camp Dresser and McKee;
NOW, THEREFORE, BE IT RESOLVED on this 3rd day of November, 2011 by the governing body of the Lambertville Municipal Utilities Authority that:
1. The Lambertville Municipal Utilities Authority hereby consents to the amendment entitled the Lambertville Municipal Utilities Authority Wastewater Management Plan, Hunterdon County, New Jersey, and publicly noticed on October 20, 2011, prepared by Camp Dresser and McKee for the purpose of its incorporation into the applicable WQM plan.
2. This consent shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3,4,
I do hereby certify that the foregoing is a true copy of a Resolution passed by the Lambertville Municipal Utilities Authority at a meeting duly held on November3, 2011.
Signed: ___________________________
Eric Richard, Chairman
Date: November 2, 2011
Ms. MacGregor announced that the Ribbon Cutting will be held on November 12, 2011 at 11:00 AM.
In a motion made by Mr. Kramer and seconded by Mr. Hayes with a unanimous roll call vote by the Board, turkeys will be provided to each of the employees for Thanksgiving.
Ms. MacGregor stated that she and Mr. Richard spoke prior to the meeting about appointing a Personnel Committee. Mr. Richard said that he would be on the committee and Mr. Hayes volunteered as well. Mr. Richard also stated that Mr. Horn’s review is coming up and would like to have input from the Board on that matter. Please email him within the week with comments.
Mr. Horn reported that due to the inclement weather over the weekend of October 29th, the LMUA lost power and went on generator. The generator therefore ran for many hours, leaving the LMUA with a short supply of fuel. The LMUA took the necessary steps to facilitate having enough fuel to sustain the LMUA through the storm.
Mr. Horn reported that there have been issues with the tractor trailer which impacted the level of the digester which caused an odor issue. The second odor report appeared to be from the grit dumpster. These two issues have been rectified.
The LMUA membership in the NJ Utility Authorities Joint Insurance Fund will run out at the end of the year. In a motion made by Mr. Hayes and seconded by Mr. Kramer with a unanimous roll call vote by the Board, the “Agreement to Renew Membership in the JIF” was approved by the Board. Following is that resolution.
AGREEMENT TO RENEW MEMBERSHIP IN THE NEW JERSEY UTILITY AUTHORITIES JOINT INSURANCE FUND
WHEREAS, the New Jersey Utility Authorities Joint Insurance Fund (hereinafter the Fund) is a duly chartered Municipal Insurance Fund as authorized by NJSA 40A:10-36 et seq., and;
WHEREAS, the Lambertville Municipal Utilities Authority is currently a member of said Fund, and;
Whereas, effective December 31, 2011, said membership will expire unless earlier renewed, and;
WHEREAS, the Governing Body of the Lambertville Municipal Utilities Authority has resolved to renew said membership;
NOW THEREFORE, it is agreed as follows:
1. Joint Insurance Fund for a three (3) period, beginning January 1, 2012 and ending
December 31, 2014.
2. The Lambertville Municipal Utilities Authority hereby ratifies and reaffirms the Indemnity and Trust Agreement, Bylaws and other organizational and operational documents of the New Jersey Utility Authorities Joint Insurance Fund as from time to time amended and altered by the Department of Insurance in accordance with the Applicable Statue and administrative regulations as if each and every one of said documents were re-executed contemporaneously herewith.
3. The Lambertville Municipal Utilities Authority agrees to be a participating member of the Fund for the period herein provided for and to comply with all of the rules and regulations and obligations associated with said membership.
4. In consideration of the continuing membership of the Lambertville Municipal Utilities Authority in the New Jersey Utility Authorities Joint Insurance Fund, the New Jersey Utility Authorities Joint Insurance Fund agrees, subject to the continuing approval of the Commissioner of Banking and Insurance, to accept the renewal application of the Lambertville Municipal Utilities Authority.
5. Executed November 2, 2011 as the lawful and binding act and deed of the Lambertville Municipal Utilities Authority which execution has been duly authorized by public vote of the governing body.
__________________________________
Thomas F. Horn, P. E., Executive Director
__________________________________
ATTEST
Village Apartment owners have been non-responsive. At this point, this matter is mute.
The JIF denied any and all claims submitted from the hurricane. A Torte Claims Notice has been received from the attorney for Deborah Weidel. That notice has been forwarded to the JIF at which time they sent back papers explaining to us how the LMUA should handle the matter. One of the items that the Board has been asked to approve by Resolution is an official form that must be sent back to the JIF that gives them the nature of the claim, whose making the claim and what gave rise to the claim. Attorney Watts recommended to the Board that they pass a Resolution to adopt the form of notice asserting a claim as recommended by the JIF. In a motion made by Mr. Kramer and seconded by Mr.
Hayes with a unanimous roll call vote by the Board, the following was adopted and will be provided when a Torte Claims Notice is filed:
INFORMATION ON THE CLAIMANT
- Provide the following information with respect to the Claimant:
Any other name by which the claimant is known
Address at the time of the incident giving rise to the claim
Martial Status (at the time of the incident and current)
Identify each person residing with the claimant and the relationship, if any, of the person to the Claimant.
- Provide all addresses of the Claimant for the last 10 years, the dates of the residence, the persons residing at the addresses at the same time as the Claimant resided at the address and the relation, of any of the persons to the Claimant.
INFORMATION ON ALL CLAIMS
- Provide the exact date, time and place of the incident forming the basis of the claim and the weather conditions prevailing at the time.
- Provide the Claimant’s complete version of the events that for the basis of the claim.
- List any and all individuals who were witnesses to or who have knowledge of the facts of the incident which give rise to the claim. Provide the full name and address of each individual.
- Identify all public entities or public employees (by name and position) alleged to have caused the injury or property damage and specify as to each public entity or employee the exact nature of the act or omission alleged to have caused the injury or property damage.
- If you claim that the injury or property damage was caused by a dangerous condition of the property under the control of the public entity, specify the nature of the alleged dangerous condition, and the manner in which you claim the condition caused the injury.
- If you allege a dangerous condition of public property, state the specific basi on which you claim that the public entity was responsible for the condition and the specific basis and date on which you claim that the public entity was given notice of the alleged dangerous condition. Statements such as “should have known” and “common knowledge” are insufficient.
- If you or any other party or witness consume any alcoholic beverages, drugs or medications within twelve hours before the incident forming the basis of the Claim, identity the person consuming the same and for each person (a) what was consumed, (b) the quantity thereof, (c) where consumed, (d) the names and addresses of all persons present.
- If you have received any money or thing of value for your injuries or damages from any person, firm or corporation, state the amounts received, the dates, names and addresses of the payers. Specifically list any policies of insurance, including policy number and claim number, from which benefits have been paid to you or to any person on your behalf, including doctors, hospitals or any person repairing damage to property.
- If any photographs, sketches, charts, or maps were made with respect to anything which is the subject matter of the Claim, state the date thereof, the names and addresses of the persons making the maps and of the persons who have present possession thereof. Attach copies of any photographs, sketched, charts or maps.
- If you or any of the parties to this action or any of the witnesses made any statements or admissions, set forth what was said; by whom said; the date and place where said; and in whose presence, giving names and addresses of any persons having knowledge thereof.
- State the total amount of your claim and the basis on which you calculated the amount claimed.
- Provide copies of all documents, memoranda, correspondence, reports (including police reports), etc. Which discuss, mention or pertain to the subject matter of this claim.
- Provide the names and addresses of all persons or entities against whom claims have been made for injuries or damages arising out of the incident forming the basis of this claim and give the basis for the claim against each.
PROPERTY DAMAGE CLAIM
- If your claim is for property damage, attach a description of the property and an estimate of the cost of repair. If your claim does not involve any claim for property damage, enter “None”.
Note: If your claim is for property damage only, initial here and proceed directly to the certification section on the next to last page of this form.
Initials: _____________
PERSONAL INJURY CLAIMS
- Was any complaint made to the public entity or to any official or employee of the public entity. Stat the time and place of the complaint and the person or persons to whom the complaint was made.
- Describe in detail the nature, extend and duration of any and all injuries.
- Describe in detail any injury or condition claimed to be permanent.
- If confined to any hospital, state name and address of each and the dates of admissions and discharge. Include all hospital admission prior to and subsequent to the alleged injury and give the reason for each admission.
- If x-rays were taken, state (a) the address of the place where each was taken, (b) the name and address of the person who took them, (c) the date when each was taken, (d) what each disclosed (d) where and in whose possession they now are. Include all x-rays, whether prior to or subsequent to the alleged injury forming the basis of the claim.
- If treated by doctors, including psychiatrist or psychologist, state (a) the name and present address of each doctor, (b) the dates and places where treatments were treatments are continuing, the schedule of continuing treatments. Provide true copies of all written reports rendered to you or about you by any doctor whom you propose to have testify on your behalf.
- If you have any physical impairment which you allege is caused by the injury forming the basis of your claim and which is affecting your ordinary movement, hearing or sight, state in detail, the nature and extent of the imparment and which corrective appliances, support or device you use to overcome or alleviate the imparment.
- If you claim that a previous injury has been aggravated or exacerbated, describe the injury and give the name and present address of each doctor who treated you for the condition, the period during which treatment was received and the cause of the previous injury. Specifically list any impairment including use of eyeglasses, haring aid or similar device, which existed at the time of the injury forming the basis of the claim.
- If any treatments, operations, or other form of surgery in the future has been recommended to alleviate any injury or condition resulting from the incident which forms the basis of the claim, state in detail (a) the nature and extend of the treatment, operation, or surgery, (b) the purpose othereof and the results anticipated or expected, (c) the name and address of the doctor who recommended the treatments operations or surgery, (d) the name and address of doctor who will administer or perform the same, (e) the estimated medical expenses to be incurred, (f) the estimated length of the time of treatments, operation or surgery, period of hospitalization and period of convalescence, (g) all other losses or expenditure anticipated as a result of the treatment, operations or surgery, (h) further if it is your intention to undergo the treatments, operation or surgery, please give an approximate date.
- Itemize any and all expense incurred for hospital, doctors, nurses, x-rays, medicines, care and appliances and indicate which expenses were paid by any insurance coverage.
- If employed at the time of the alleged injury forming the basis of the claim state (a) the name and address of the employer, (b) position held and the nature of the work performed, (c) average weekly wages for the year prior to the injury, (d) period of time lost from employment, giving dates, (e) amount of wages lost, if any. List any sources of income continuation or replacement, including but not limited to, workers’ compensation, disability income, social security and income continuation insurance.
- If other loss of income, profit or earnings is claimed, state (a) total amount of loss, (b) give a complete detailed computation of the loss, (c) the nature and dates of the loss.
- If you are claiming lost wages state (a) the date that the employment began, (b) the name and address of the employer, (c) the position held and the nature of the work performed, (d) the average weekly wages. Attach copies of pay stuns or other complete payroll record for all wages received during the year.
DOCUMENT REQUEST: Provide all documents identified in your answers to the above questions.
CERTIFICATION: I hereby certify that the information provided is the truth and is the full and complete response to the questions, to the best of my knowledge.
Signature of Claimant: _______________________________________________________
Authorization for Release of Medical and Hospital Records
Date: ____________________________________
To: _____________________________________
______________________________________
Re: ______________________________________ __________________________
Patients Name Social Security Number
______________________________________ __________________________
______________________________________ Claim Number
Address
You are hereby authorized and requested to disclose, make available and furnish to:
______________________________________________________________________________
______________________________________________________________________________
all information, records, x-rays, reports or copies thereof relating to my examination, consultation, confinement or treatment and to permit him or her to inspect and make copies or abstracts thereof.
Approximate date of admission to hospital, first examination, treatment of consultation:
_______________________________________________________________________________
_______________________________________________________________________________
A photocopy of this release form, bearing a photocopy of my signature shall constitute your authorization for the release of the information in accordance with the request made to you.
Signature: ________________________________________________ Date: __________________
The bills were approved in a motion made by Mr. Kramer and seconded by Mr. Hayes with a unanimous roll call vote.
Attorney Watts recommended that the Board move into Executive Session for the purpose of discussing litigation, Black River and Western and personnel issues. It is unknown if action will be taken at the end. This was so moved in a motion made by Mr. Kramer and seconded by Mr. Hayes with a unanimous roll call vote by the Board.
Respectfully submitted,
Barbara Parsons, Recording Secretary
Time: 7:25 PM
Following are the continued minutes of the regularly scheduled meeting of the Lambertville Municipal Utilities Authority held at the site of the Lambertville Wastewater Treatment Facility on November 2, 2011 commencing at 8:00 PM.
After a discussion by the Board, a decision was made to give Mr. Mulligan $1.00 per hour and Mr. Schneider $1.50 per hour in lieu of the benefit compensation package that has been eliminated by the State. This was so ordered in a motion made by Mr. Kramer and seconded by Mr. Hayes with a unanimous roll call vote by the Board.
A motion was made by Mr. Hayes and seconded by Mr. Kramer with a unanimous roll call vote by the Board to adjourn the meeting.
Respectfully submitted,
Barbara Parsons, Recording Secretary
Time: 8:05 PM
Following are the minutes of an Executive Session held by the Lambertville Municipal Utilities Authority at the site of the Wastewater Treatment Facility on November 2, 2011 commencing at 7:25 PM.
Discussed were Black River and Western and a personnel matter.
Having made no decisions, a motion was made by Mr. Hayes and seconded by Mr. Kramer with a unanimous roll call vote by the Board to adjourn the meeting.
Respectfully submitted,
Barbara Parsons, Recording Secretary
Time: 8:00 PM
| 
