BERNARDS TOWNSHIP SEWERAGE AUTHORITY
MINUTES OF THE OPERATING MEETING
MONDAY, OCTOBER 22, 2007
Vice-Chairman Carpenter called the meeting of Bernards Township Sewerage Authority to order at 7:30 p.m. on October 22, 2007 in the Conference Room of the Municipal Building, Collyer Lane, Basking Ridge, New Jersey.
MEMBERS PRESENT: Ms. Boquist; Mr. Carpenter; Mr. Moschello (excused at 8:13p.m.); Ms. Pavlini (arrived at 7:32 p.m.)
MEMBERS ABSENT: Mr. Krause
STAFF PRESENT: Mr. Messina, Administrator; Mr. Valese, Hatch Mott MacDonald;
Mr. Bowlby, Plant Superintendent
OTHERS PRESENT: Ms. Marie Eula, BTSA Human Resources Manager; Mr. Bob Merryman, Esq., Labor Counsel; Mr. Glen Plesnarski, BTSA Collections System Supervisor
OPEN PUBLIC MEETING STATEMENT
Vice-Chairman Carpenter read the following statement: “Adequate notice of this meeting was posted on the bulletin board in the Municipal Building, One Collyer Lane, Basking Ridge, New Jersey; e-mailed to the Bernardsville News, Bernardsville, and faxed to the Courier News, Bridgewater, New Jersey, and was filed with the Township Clerk, all on December 21, 2006. Any motion to go into closed session will be deemed to include a motion that the matters discussed at such closed session will be disclosed to the public when such matters are finally determined and there is no further reason to prohibit the public disclosure of information relating to such matters.”
APPROVAL OF MINUTES
a. September 24, 2007 – Regular Meeting Minutes
Mr. Bowlby proposed the following revisions:
· Page 2, b., sentence 1 should read as follows: “.. over 20 years old..”
· Page 7, j., paragraph 4, sentence 3 should read as follows: “Mr. Bowlby did not support that consideration. Instead, he considered..”
Mr. Moschello proposed the following revisions:
· Approval of Minutes, July 23, 2007 should read as follows: “.. BTSA has not positively identified many illegal sump pump connections.”
· Page 3, d., sentence 1 should read as follows: “.. to discuss the Resolution #0725..”
· Page 3, d., paragraph 2, sentence 1 should read as follows: “.. experience with a former employee..”
· Page 4, d., paragraph 1 (cont.), last sentence should read as follows: “.. the BTSA would ‘own’ the employee if.. presented to the Township Committee.”
· Page 5, f., should read as follows: “.. seconded by Ms. Boquist to Approve..”
· Page 9, n., paragraph 3, sentence 1 should read as follows: “.. a deterrent for reconnecting due to its difficulty to disconnect.”
· Page 9, n., paragraph 4, sentence 3 should read as follows: “.. revealed thus far via the I&I program..”
· Page 10, n., paragraph 1 (cont.), sentence 5 should read as follows: “Mr. Valese inquired when..”
Mr. Carpenter proposed the following revision:
· Page 10, n., paragraph 5, sentence 1 should read as follows: “.. Mr. Moschello’s rationale..”
Motioned by Mr. Moschello, seconded by Ms. Boquist to Approve the Regular Meeting Minutes dated September 24, 2007 as amended.
ROLL CALL
Aye: Ms. Boquist; Mr. Carpenter; Mr. Moschello; Ms. Pavlini
Nay:
Abstain:
Motion Carried
CORRESPONDENCE
None
PUBLIC COMMENT
None
ACTION/DISCUSSION ITEMS
a. Discussion – Employee Assistance Program
Mr. Messina explained that he informed Ms. Marie Eula, BTSA Human Resources Manager, of Authority members’ concerns with regards to the Employee Assistance Program. As a result, Ms. Eula was present to personally answer Authority members’ questions. Additionally, Mr. Bob Merryman, Labor Counsel, was present to provide clarification of any potential legal liabilities that may arise as a result of supporting involvement with the employee assistance program CONCERN.
As discussed at the September 24, 2007 BTSA meeting, Mr. Moschello reiterated that from his experience with a former employer, once involved with certain issues (e.g. alcoholism, etc.), that particular issue cannot be used as a basis for termination and that unless the law has changed, he believes that the BTSA will “own” the employee and their particular issue. Thus, Mr. Moschello questioned what liability, if any, the BTSA may incur by endorsing such a program.
Mr. Merryman explained that support of an employee assistance program like CONCERN would not call for direct involvement with the employee. Such a program would serve as an additional support resource via an outside entity. Should an employee approach BTSA Human Resources with a need for support, beyond which can be provided by on-the-job resources, that employee would be provided with contact information for the given independent entity (i.e. CONCERN). Mr. Merryman noted that the BTSA would incur no additional liability and that it is not responsible for the care that the outside entity provides the employee.
Mr. Moschello asked about the difference between referring the employee to an outside entity like CONCERN versus a private medical practitioner. Mr. Merryman noted that there would be no difference. However, Ms. Eula explained it is problematic to refer employees to medical practitioners, particularly because compliance is not easily enforceable. Additionally, she stated that it is often difficult for the employee to be treated because insurance may require the employee to participate in and repeatedly fail outpatient treatment before inpatient treatment will be approved. Ms. Eula also explained that it is the Township’s policy to randomly drug test employees for 36 months after testing positive. If the employee tests positive during this probationary period, the employee is immediately terminated.
Ms. Boquist asked if the employee assistance program addresses issues solely related to addiction. Ms. Eula clarified that the program provides support for employees struggling to cope with a multitude of issues including death, illness, financial crises, etc. Ms. Boquist further asked if employees can utilize personal insurance to seek treatment and/or support for their issues. Ms. Eula noted that employees can utilize their insurance; however the employee assistance program would be an added resource. She also explained that with the employee assistance program, should an employee approach her with a problem, she would be in a position to force that employee to seek treatment or counseling. However, she could not force them to seek treatment or counseling by a personal physician. Additionally, she would be in a better position to track progress and terminate an employee, if necessary. Mr. Moschello questioned whether or not Human Resources would lose grounds for termination if an employee seeks treatment from a private physician. Mr. Merryman stated that he does not believe that the BTSA would lose power over the employee and that if it is learned that the employee failed to comply with the tenants of the program, he or she could be terminated.
Mr. Moschello asked if the employee assistance program has been discussed as part of the negotiations package. Ms. Eula stated that it has not yet been in included in negotiations discussions, but that it will be in the future. Mr. Moschello expressed concern about considering such a program before union negotiations address it.
Ms. Eula confirmed for Ms. Pavlini that an employee could utilize the employee assistance program as a result of her referral, or that they may participate in the program voluntarily. Ms. Pavlini sees this as a benefit, particularly in instances where denial is a factor. She noted that the employee assistance program would allow Human Resources to be proactive in identifying a problem even before the employee is willing to admit that there is one.
Mr. Merryman noted that it is much easier for Human Resources to monitor the progress of an employee utilizing the employee assistance program than one who is seeking treatment through a personal medical practitioner. Ms. Boquist asked Ms. Eula if, in her experience, employees who have spoken to her about a sensitive issue follow up with her on the progress of their treatment. Ms. Eula explained that most employees do not tell her how they are progressing. She further stressed that addressing such issues is incredible time-consuming, and that she is not qualified to handle such issues.
Ms. Boquist expressed concern and noted that, historically, there has not been a need for such a service. She urged Authority members to consider whether or not providing such a service would be enabling employees to focus too heavily on their respective personal issues. Ms. Boquist also expressed disapproval of increasing costs to taxpayers by providing such a service. Ms. Eula expressed her belief that productivity would increase if an employee assistance program were available. Mr. Moschello disagreed, noting that if true, all employers would provide such a service.
Ms. Pavlini questioned how many non-union employees work for the BTSA. Marie confirmed that there are 11, and that it would cost the BTSA $24.60 per employee, per year to provide the service. Ms. Pavlini stated that this is a small price to pay for the service.
For clarification, Mr. Carpenter asked Mr. Merryman if participation with CONCERN presents liabilities for the BTSA. Mr. Merryman confirmed that there would be no liability should the BTSA endorse the program. He stated that the BTSA’s obligations remain the same and likened providing the service to providing insurance to employees. Both are benefits that the employee can choose to utilize or forfeit. Mr. Carpenter questioned what types of issues are addressed by CONCERN. Ms. Eula clarified that an employee can discuss issues like depression, illness, financial crises, substance abuse, etc. Mr. Carpenter asked Ms. Eula how much time she currently spends counseling employees with regards to such issues. Ms. Eula explained that she often spends hours at a time listening to a single employee, which in addition to her normal workload, is incredibly time-consuming. Mr. Carpenter asked for the final cost to the BTSA should it support the initiative. Ms. Eula confirmed that it would cost the BTSA $24.60 per month for each of its 11 non-union employees.
Mr. Carpenter expressed his support of the program, further noting that the BTSA is always looking for incentives to obtain and retain employees. He considers the program as an added benefit and incentive for employment with the BTSA, at a minimal cost. He also referred to Mr. Merryman’s assurance that the BTSA would assume no risk by supporting the program. Ms. Pavlini also expressed support for the program, noting that, in addition to being incredibly time-consuming for Ms. Eula to handle such issues, she is not qualified to do so. Offering a program like CONCERN would be a great benefit to Human Resources. Ms. Eula agreed, stating that her job as the Human Resources Manager is to make sure that employees can do their jobs.
Ms. Boquist expressed disapproval with the program and again urged Authority members to consider the fact that, historically, there has been no need for such a service. Mr. Carpenter responded and acknowledged that this isn’t a new problem, however providing the service will allow the BTSA to address it aggressively. He further expressed a desire to take care of the employees who take care of the BTSA. Mr. Moschello asked Ms. Eula of the frequency with which she is forced to counsel employees on issues outside of her realm of expertise. Ms. Eula confirmed that she has been presented with such employee issues a few times over the years.
b. Resolution # 0725 – CONCERN – Employee Assistance
Motioned by Ms. Pavlini, seconded by Mr. Carpenter to Approve the Resolution #0725, Authorizing the Human Resources Manager to enter into a Professional Service Agreement with CONCERN, Employee Assistance Program, of Morristown, New Jersey, offering professional assistance and advice of employee personal problems to be made available to all full-time non-contractual regular employees as well as their immediate family members, effective October 1, 2007.
ROLL CALL
Aye: Mr. Carpenter; Ms. Pavlini
Nay: Ms. Boquist; Mr. Moschello
Abstain:
Motion Failed
Mr. Moschello excused himself from the meeting at 8:13 p.m.
c. Discussion Update – Architectural Design – Administration Building
Mr. Messina explained that he and Mr. Bowlby expect to receive and review plans in final form in the coming week. He further explained that the goal is to go out to bid in November 2007 and award it in December 2007 or January 2008. Groundbreaking cannot occur until at least March 2008 and Mr. Messina estimates six months of construction.
d. Resolution # 0730 – Award of Bid – Juniper Way Pump Station
Motioned by Ms. Pavlini, seconded by Ms. Boquist to Approve the Resolution #0730, Authorizing a contract for services for the Juniper Way Pump Station Project be awarded to CFM Construction, Inc., 5 Bay Street, Stirling, New Jersey, in the amount of $288,100.00.
ROLL CALL
Aye: Ms. Boquist; Mr. Carpenter; Ms. Pavlini
Nay:
Abstain:
Motion Carried
e. Resolution # 0731 – T&M – Construction Management – Juniper Way Pump Station
Motioned by Ms. Pavlini, seconded by Ms. Boquist to Approve the Resolution #0731, Authorizing a contract for professional engineering services for the construction management of the Juniper Way Pump Station Rehabilitation be awarded to T&M Associates of Middletown, New Jersey, pursuant to their proposal dated October 15, 2007, at a cost not to exceed $39,500.00, for a 12-month term from October 22, 2007 through October 23, 2008.
ROLL CALL
Aye: Ms. Boquist; Mr. Carpenter; Ms. Pavlini
Nay:
Abstain:
Motion Carried
f. Allocation Agreement – Somerset Country Living – Overlook
Mr. Messina explained that a new subdivision of four homes is planned on Overlook Avenue. Somerset Country Living LLC is requesting that the BTSA allocate sewage to them for the construction of 4 single-family homes. Somerset Country Living LLC has agreed to pay fees associated with connection, etc. as outlined in the Allocation Agreement.
Mr. Messina confirmed that the sewage capacity required for the new subdivisions can be accommodated. Ms. Boquist questioned the percentage at which the plant’s capacity is functioning. Mr. Messina confirmed that the plant is functioning below capacity during dry weather. Mr. Bowlby stated that although the percentage fluctuates, the plant is required to function under 80% or it will be in violation. Mr. Bowlby confirmed that there is room to accommodate small new developments such as this. Mr. Messina further explained that HMM does a quarterly report, providing a summary of committed flows and future flows.
Mr. Messina noted that Mr. Belardo, Esq. and Mr. Valese, HMM, have reviewed and approved the Allocation Agreement.