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Red Bank officials hire retired judge to mediate dispute with hospital

RED BANK – A retired New Jersey Superior Court judge will work as a mediator in a legal dispute between Red Bank and Riverview Medical Center, Riverview Plaza.

During a recent meeting, Borough Council members authorized a professional services contract with Frank Buczynski of Benchmark Legal Services, LLC, for mediation legal services.

Buczynski, who is a retired Superior Court judge, may receive more than $17,500 for his services, according to a resolution, although that is not expected by municipal officials.

Buczynski will serve as the mediator in a consent case management order between representatives of the borough and Riverview Medical Center that is scheduled to take place on Nov. 20.

Representatives of the hospital have consented to have Buczynski act as the mediator, according to court documents.

In 2019, Red Bank officials filed a complaint in state Superior Court against Riverview Medical Center and the hospital’s three owners and operators (RMC-Meridian Health, Meridian Hospitals Corporation and Meridian Health Realty Corporation), alleging that the medical center had an unregistered water meter.

As alleged in the complaint, the unregistered water meter was constructed in 1984 and the borough was unaware of its existence until 2017.

The unregistered water meter had a recorded water flow of more than 508 million gallons and Riverview Medical Center allegedly never paid or compensated the borough for the meter’s water and sewer charges.

The complaint alleged Red Bank is owed at least $5.3 million in unpaid water and sewer service charges from the medical center and sought to be awarded that amount in court.

An answer to the complaint from Riverview Medical Center asserts that the meter was installed by the borough, has been readily accessible to borough employees at all times and has been observed by borough employees many times over the years.

Representatives of Riverview Medical Center denied any wrongdoing and asserted that the hospital has consistently and timely paid all water and sewer charges assessed by the borough. The answer seeks to have the complaint dismissed with prejudice and costs.

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