Saturday, February 9, 2013

POTPOUURI FOR A SNOW DAY



“February is usually the worst winter month”. That is what I wrote Feb.4th.

With the exception of the addition of a resolution offered by Councilor Mapp endorsing direct train service into NYC the agenda for Monday night’s meeting is the same as discussed at the agenda setting session.  

We know that there are at present no plans for new tracks under the Hudson and that the present tunnels under both the Hudson and East River can not handle more trains. The project Christie cancelled was a stupid boondoggle that ended  blindly in Macy's basement. There was no connection to conoting East or North. The original plans which would have permitted a connection to Grand Central Station  was discarded for the one Christie objected. It will be years perhaps a decade before a reasonable alternate is approved and constructed. This is an exercise in futility but welcomed.

I have not read it nor will I have a chance because of the weather to possibly do so before Monday. Nor have I been able to check to see if the conditional amendments to the four “insurance” resolutions have been incorporated.
 12 NOON: A look at the agenda reveals that the four "insurance resolutions" are on the CONSENT AGENDA. With the sums involved and all the talk about bidding etc. there is no remote validation that these items should be on the Consent Agenda unless in error or another attempt to slide them through.

Also on the agenda is a presentation from an outfit called “Ethical Electric”. Every time I try to enter its site I get an error message. Thus, I can tell little about it except that it is a start up and purchases power from wind farms and solar panel companies for distribution over a utility’s grid.

Would someone explain to me how a company can by energy cheaper than the established utilities are able to purchase and/or manufacture and then transfer it over a grid at a price less than the operator of the grid can rationalize? 

When I wrote not to trust groundhog predictions I should also have added one should always question the “legal interpretation” from attorneys with a vested interest. 

To refresh my memory about some of my objections when the original enabling resolution (1995-19) to form the PMUA was passed (9/20/1995); I looked it up via the link on DUMP THE PMUA.

Having done so it is obvious that just as  Alan Goldstein has been trying to convince the Council (and us);  PMUA has been in violation of its “charter” and despite the so called legal opinion of former Corporation Counsels and its own legal Counsel is an agency and beholden to the city.

Section VII of the Ordinance states “no member (of the Authority Commissioners) shall receive compensation either direct or indirect, in excess of $4500 per annum.”

Section II states “The Plainfield Municipal Utilities Authority is and shall be an agency and instrumentality of the City”

But my greatest objection at that time was directed at one clause which was never implemented although mentioned in the "whereases" and specifically in Section III “The purposes of the Plainfield Municipal Utilities Authority shall be (a) the provision and the adequate distribution of an  adequate supply of water for the public and private uses of the city and its inhabitants, within the city, (b) is to keep the water supply free of pollution and among further mandates in that section are sewer and solid waste.

Thank goodness they never had the opportunity or desire much less the capability to purchase the system from Elizabethtown Water Co.

Since the Council a ft er  is experience with the WBLS seems to accept the fact that it can not investigate an wrong doing in an "agency of the city"; who will. Experiences of the last few years  makes it obvious that neither the County or the State have any desire to expose and punish governmental organization fraud.

1 comment:

  1. N.J.S.A.40:14B-1, et. seq. is the "Municipal and Counties Utilities Authorities Law." Section 40:14B-4 "Utilities Authorities" sets forth how the authorities are created and members are appointed and by whom. This section further establishes quite clearly that the municipal authorities are agencies and instrumentalities of the municipality: "The appointments (of members) shall constitute the county or municipal authority
    contemplated and provided for in this act and an agency and instrumentality of said
    county or municipality." The PMUA is "an agency and instrumentality" of the City of Plainfield.

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