Like many householders and business owners affected by Hurricane Sandy, the Plainfield Municipal Utilities Authority is still seeking reimbursement from FEMA for cleanup costs from the Oct. 29 storm. But building the authority's case is proving very complicated, due to its ties to the city and new contracts with neighboring municipalities.
The storm struck at a most inopportune time for the authority, which has provided solid waste and sewer services to the city for more than 15 years. The authority had just launched a drive to bring in outside revenue, a long-promised goal, by offering disposal of vegetative waste at very competitive rates. The storm produced many extra tons of tree debris and upset a deal the PMUA had for final disposal of the waste at a Lawrenceville site (see post here).
As discussion at a meeting Tuesday revealed, now the PMUA has to draw together all these elements - the city agreement, the new contracts with other municipalities and the change in final disposal rates - to prove that the authority is entitled to reimbursement.
Staff member Reno Wilkins said one issue is that FEMA is regarding the authority's interlocal services agreement with the city as all-inclusive, covering even all the debris from the storm. Executive Director Dan Williamson said the authority is still compiling all its claims and needs to substantiate them, such as with receipts from Britton Industries in Lawrenceville, which accepted most of the debris after it was dumped at the Rock Avenue transfer station.
Robert Kearney, assistant superintendent of the transfer station, said the authority aims to prove the differing disposal cost before and after the storm. Britton had been accepting vegetative waste at a flat monthly rate of $2,408.33, but when the storm debris began pouring in, the company first refused it, then accepted it at a negotiated rate of $15 per ton, Executive Director Dan Williamson said.
FEMA has also been checking separately with the municipalities who signed up to dump at the transfer station, Williamson said.
Besides the cost of final disposal, the authority also had costs for overtime, equipment and even damage to fences, he said.
"We very frankly have no clue where we are going to end up," Williamson said, but held out hope for partial payment by the end of the year.
In other news, the authority is nearing imposition of fines on property owners who have been found in audits to be disregarding recycling rules. The PMUA announced the audit last fall (see post here) and said violators would be subject to fines from $250 to $1,000 per incident. The goal is to keep recyclables out of the waste stream by separating out bottles, cans and paper from household garbage.
Inspectors have issued $16,000 worth of summonses and Williamson said although none have been paid yet, "Ultimately we will get paid."
He promised to bring the PMUA board of commissioners both the number of fines and the amount paid.
"So you are satisfied that residents are getting adequate notice?" Commissioner Harold Mitchell asked.
"We are not trying at all to penalize people," Williamson said. "We are trying to increase tonnage in recycling. It will take time for people to come on board."
--Bernice
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Speaking of violators, they won't be looking too closely at the agreement with the city because they will find that what the agreement says (the one voted on) is not the agreement they're operating under. Once they get through with that bait and switch, they can deal with the other one, the fraudulent portrayal of a sewer lease as non-existent revenue sharing. If they are still motivated, they might also get on board the institutionalized theft of many $100,000s in illegal compensation by a variety of commissioners.
ReplyDeleteIt's a lot to digest, but which violations are worse, the PMUA conspiracy as deputized wardens of Enviroville, or Ma and Pa Kettle's newspaper tossed out in the trash?
There is great deal more to the story than is contained in this outline. The original Agreement with Britton Industries who was contracted to remove vegetative waste was flawed. The language spoke to removing the vegetative waste from Rock Avenue in return for which Britton would be paid by the PMUA a specified sum each month. The Agreement is silent with regard to the quantity of debris which is to be removed; serious omission. The omission provided Britton with an arguable case when the storm produced unanticipated quantities of material to be removed. The Agreement the proceeds to specify unit prices for the removal of material. If the the monthly payment were all inclusive, that is, represented a lump sum payment regardless of quantity, what was the purpose of introducing unit prices? The existence of unit prices gave further weight to Britton's protests.
ReplyDeleteExacerbating this was the fact that PMUA entered into Agreements, which survive, for accepting and trans-shipping vegetative debris from 4 adjacent communities. These contracts specify fixed prices for this work. Britton's contract expired in February of 2013. The new contracts with the 4 communities extended for almost 0ne year beyond th expiration of the Britton contract. The PMUA did not have a written agreement with Britton for the extended period. The PMUA contracted for work at a price without knowing what their cost would be for that work. Incredible! And they have lawyers in house, including Mr. Williamson, and a legion of external legal and financial consultants.
The article states that Britton has subsequently removed the material which was accumulated from the storm. Herein lies an error of omission. Yes, Britton, as well as other contractors have and are removing the material but at an upward revised price. A price yielding an unanticipated cost of Hundreds of Thousands of Dollars. The PMUA is currently eliciting bids for a carrier to remove vegetative waste. The Britton contract has expired. What the cost will be will be disclosed when the bids are received is unknown.. While it remains to b seen it may well be that the PMUA is going to lose money on these contracts. It is almost a given that the profit, if any, will be marginal. The carrot which is held out that this "outside business" will produce some significant benefit for the captive Plainfield subscribers is somewhere between remote and non-existent.
One of the first things our new Mayor can do is to nominate some competent people as PMUA Commissioners. In the meantime what everyone can do is to OPT OUT in protest.
Bill Kruse
Wow, it is those Republicans again !!! Hopefully a Democratic Party majority on the Council will straighten things out for .... oh wait there is a ....
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