WANAQUE BOROUGH
SEWERAGE AUTHORITY MEETING
MINUTES
Regular Meeting
January 9, 2007
Prior to the
opening of the regular meeting, Mayor Mahler swore into office, Mark Reuter,
Joseph Garland and Andrew Bolduc (WVRSA).
The regular meeting of the Wanaque Borough Sewerage
Authority was held on January 9, 2007 at
Chairman DiMeglio presided and read the following Sunshine
Statement:
“Adequate notice of this meeting has been provided by
mailing notice of this meeting to the Trends and Herald & News newspapers
on March 27, 2006 stating therein that this meting would be held at
ROLL CALL
On roll call, the following commissioners responded:
Bolduc
Covelli
DiMeglio
Reuter
Professionals Present:
Jim Cerullo, CPA
Jeffrey M. Kassover,
Esq.
William J. Kelly, Eng
Mayor Dan Mahler
Penny Schlagel,
Office Mgr.
MINUTES:
The regular
meeting minutes of December 12, 2006 were presented.
No corrections or
deletions.
Cmsr. Garland moved for the approval of the above-mentioned
minutes, seconded by Cmsr. Bolduc.
On roll call, all voted yes except for Cmsr. Reuter who
abstained, and then the chairman declared this set of minutes adopted.
5. PUBLIC HEARING:
a. 2007 Connection Fee:
Since no one from the public entered any discussion, the
chairman closed this portion of the meeting.
Cmsr. Covelli moved that:
WHEREAS, by virtue of N.J.S.A. 40:14A-8 (b) and (c), as
amended, the Authority is required to establish connection fees for connection
of properties to the Authority’s sewer system; and
WHEREAS, the Authority’s auditor has conducted an analysis
of the Authority’s financial records through the end of the current fiscal
year; and
WHEREAS, pursuant to N.J.S.A. 40:14A-8 (c) the Authority
held a public hearing pursuant to notice duly published on December 20, 2006 in
the North Jersey Herald & News and on December 20, 2006 in the Suburban
Trends, two newspapers of general circulation in the Authority’s service area,
and duly served upon the Clerk of the Borough of Wanaque on December 13, 2006.
NOW, THEREFORE, BE IT RESOLVED, by the Wanaque Borough
Sewerage Authority:
1. The Authority
hereby makes the following findings:
Applying the statutory formula, based upon the
Authority’s prior debt service, the actual number of service units on the
Authority’s system ($4,246) the maximum sewer connection fee chargeable by the
Authority is $8,310.00.
2. The Authority
hereby establishes a sewer connection fee of $8,310.00 commencing January 9,
2007 for each new unit, plus the actual costs incurred by the Authority with
respect to the connection, including but not limited to inspection and
supervision.
3. A dwelling unit
intended for use by one family (including but not limited to a detached
dwelling, condominium unit, townhouse or apartment) shall be considered as one
service unit.
4. For all other
users, the number of service units to be attributable to a particular use shall
be calculated by dividing the estimated daily flow of water for such user by
230. The estimated daily flow of water
shall be calculated by the Authority following the review of plans submitted by
the applicant, seconded by Cmsr. Garland.
On roll call, all voted yes, and the Chairman declared this
resolution adopted.
b. 2007 Budget:
Since no one from the public entered any discussion, the
chairman closed this portion of the meeting.
Cmsr. Garland moved for the adoption of the 2007 WBSA
Budget, seconded by Cmsr. Reuter.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
5. (a) PUBLIC DISCUSSION:
1. Paul Farrantino
Pulte Resident
Mr. Farrantino stated that he has noticed that some members
sitting on the board tonight also sit on the regional board. However, at the town meeting last night there
was a resolution to dissolve the regional authority. What happens to the negotiations that are
presently underway between the Pulte residents and the WVRSA?
Mr. Kassover stated that if the WVRSA is dissolved all of
the assets, obligations, contracts, etc. pass to this authority that is taking
over the plant.
Nothing will change except
for the participation of members from
Cmsr. Covelli stated that the mayor and council appointed
himself and Cmsr. Bolduc to the WVRSA so that all matters discussed between
both boards would go back and forth to each other. When the regional is dissolved, two
commissioners will already be on board and know what negotiations are on the
table with Pulte.
Cmsr. Bolduc stated that Mr. White would also still be at
the WVRSA.
Mr. Farrantino then read the following to the board:
“We at the Wanaque Reserve are upset with regard to the
additional $60.00 per year assessment we are being charged for the purpose of
maintaining the odor control equipment.
It should be noted that this assessment should be applicable to the
authority and then to the Pulte residents.
This would be much fairer since we all know this odor will always be
there. If this facility were just being built in this now residential area,
several things would be different. It
would be built indoors, more state of the art equipment for containing odors,
and there wouldn’t be a single thought of assessing Pulte residents for
maintenance control.”
Cmsr. Bolduc replied that some points are true, but don’t
reflect reality. The plant is not being
built today. It has been here 20 years
before Pulte was even thought about. The
odor control system was proposed by the developer.
Mr. Kassover stated that as part of a developer’s
agreement, Pulte wanted an odor control system put in as part of the upgrade to
the plant. In turn this led to
negotiations and the final outcome was that the developer would pay half and
this authority would pay half. In this
agreement as well, it contains the $15.00 additional charge for the maintenance
of the odor control system. It is in the
Public Offering Statement that was given to anyone that purchased a unit at
Pulte. This odor control system only
benefits those that live at Pulte.
Mr. Farrantino replied that if we are legally obligated
then so be it. We are here to say
tonight it is wrong and you can change your position if you want.
Cmsr. Bolduc stated that it is wrong to charge anyone for
anything other then what services they receive.
For twenty years the plant operated without an odor control system. This system was installed for one group of
people. As such, we did not think it was
right to solely obligate this expense to the 3,000. other users of this system,
who are not benefiting from it, didn’t ask for it, and who don’t need it. The residents of Wanaque already paid
$250,000.00 for this odor control system.
Residents can in turn come back to this board and say why did we pay for
it when it only benefits 755 units.
Cmsr. Covelli stated also that the initial investment of
the odor control system was installed for Pulte. The connection fees that were paid by Pulte which
were based upon the debt service of the plant, $250,000. of that fee was paid
for odor control system. This $250,000.
represented half of the cost of the odor control system. Pulte then paid the other half. The maintenance, upgrade, replacement of the
capital equipment over time will have to be paid for. As such, we have developed a mechanism to do
this in order to minimize the cost to all the other people in town. This board represents 3,755. users. Seven hundred and fifty five are Pulte
residents, therefore we have to be as fair and impartial as possible.
The WVRSA had incurred and additional $30,000. plus dollars
on an additional control chemical system that was implemented. Pulte residents came to us with their
concerns and we addressed it, and now we have a solution to the problem. We have been told that this new chemical has
been very effective on cutting back on odors.
This $30,000. was paid by the WVRSA to address the concerns of the Pulte
residents.
Mr. Farrantino replied that is not true, as Mr. White has
stated on several occasions that as long as Pulte pays for something we want
done, he will gladly do it.
Cmsr. Covelli stated that if Mr. White did make this
statement, it was probably with regard to the shrubs and vegetation that the
residents of Pulte want planted, as we believe that the developer needs to
address this issue. These trees can not be planted on our property. However, we do encourage the developer to do
it.
Mr. Farrantino asked why the trees could not be planted on
WVRSA property.
Cmsr. Covelli replied because we can not infringe anymore
on the property. There is very little
property now that we are working on.
Mr. Farrantino stated that he is not telling the authority
not to collect money that is needed for the maintenance of the odor control
system, he is saying that is should be shared by the entire community. It is not just Pulte residents
complaining. Neighbors in the area are
complaining and they are thrilled that we are fighting this odor problem. If it is necessary to take surveys, we will.
Mr. Kassover asked if any of those neighbors were in the
audience tonight?
Mr. Farrantino replied no, as the committee of Pulte is
just here tonight. We are actually
called Wanaque Reserve.
Cmsr. Bolduc stated that we are talking two issues, one is
who should pay the $60.00 and the other is the odor. The $60.00 charge is through this board, so
we can address this issue. As for the
odor, you have to appear before the WVRSA.
Legally, and morally this authority feels we did the right thing. $250.000. was expended by Wanaque residents
who don’t need odor control.
The Pulte Committee appeared before the regional last month
and your concerns with regard to the smell were addressed, and we are working
on it.
Mr. Farrantino stated that they do appreciate what the
WVRSA has done however, the smell is still there and overwhelming.
Mr. Kassover stated that the smell problem that is being
addressed here tonight should be addressed to the WVRSA. We can only discuss the billing charges that
are paid to this Authority.
Mr. Farrantino replied that he is being charged for an odor
that he still has. You are maintaining
devices that are not working. This does
not make sense.
Mr. Kassover replied that the authority is not going to
appeal the $15.00 quarterly charge tonight.
Mr. Farrantino stated that he would now have to make a
decision as to whether or not to involve the other residents in Wanaque with
regard to the smell. We did not want to
proceed this way, but apparently this is what this Authority wants.
Cmsr. Covelli then thanked Mr. Farrantino for coming out
tonight.
2. Harold Gordon
Bldg. 8
Mr. Gordon stated even though this authority receives money
for the odor control maintenance, this committee has to appear before the WVRSA
with our complaints about the odor?
Cmsr. Covelli replied yes.
Mr. Gordon replied but this authority takes the money, so
we should come to you. We are very
thankful what the WVRSA has done, but the smell is still there. What about when
the warm weather comes? Will the sewer
rate ever go down?
Chrm. DiMeglio replied that we are hoping to lower the
rates when all the Pulte units come on.
Every year we ask if we can lower the rate $5.00 per quarter, and our
auditor says no, as there is not enough money coming in to pay the WVRSA. The $60.00 that the residents at Pulte are
paying for is for the maintenance of the odor control system.
Cmsr. Covelli also stated that new chemicals have been
added at the WVRSA and they’re estimated cost is $30,000.00 per year. These chemicals are solely for odor
control. Every year now the authority
knows $30,000. will be spent for chemicals.
Our goal is the same as the residents at Pulte, to eliminate the
odor. It would be less then honest to
say that you will never not smell it, but as a commission, we will do our very
best to minimize the odor as much as possible.
We are also putting away money out of the odor control funds for capital
improvements to the odor system, as these machines will not last forever. We have already asked the auditors to create
an account for capital improvements strictly for odor control. Also, we want an accounting analysis that
this money is not being used to operate the plant whatsoever.
Mr. Gordon then stated that when he purchased his condo, no
one told him about the extra sewer charge.
There are about 50 families that are directly facing the plant, and they
have suggested putting trees in, does anyone have any idea how much it would
cost to put in some trees?
Cmsr. Covelli replied that he does not know, but at the
last WVRSA meeting we had asked Mr. White to contact several landscapers for a
price to put in trees. Then we would
like to bring this cost to Pulte.
Mr. Gordon then thanked the board.
3. Ted Roberto:
Building 8
Mr. Roberto stated to Cmsr. Covelli that he realizes he
sits on both the regional and local sewerage authority but he cannot believe
Cmsr. Covelli can sit here tonight and say he is satisfied with what the WVRSA
has done with regard to fixing the odor.
If you ask any one of us that live at Pulte, the odor is still there as
of yesterday, so it is very disheartening to hear this.
Cmsr. Covelli replied that he was at the WVRSA for two
hours yesterday from 5:45 pm until 8:30 p.m.
and he smelled no odor during these
hours.
Mr. Roberto stated that first we were told you had the
wrong media.
Cmsr. Covelli replied no, it was defective media.
Mr. Farrantino stated that this is what Mr. White told him.
Mr. Roberto asked if Cmsr. Covelli finds this odor
acceptable?
Cmsr. Covelli replied that he feels that Mr. Roberto came
tonight armed to bear. What do you mean
by acceptable, as he never has used the term acceptable? We are making progress and we have earnestly
tried to address the odor, and there as been tangible results. However, you have all the right to disagree
with me.
Cmsr. Bolduc then
suggested that questions addressed to this board should be relevant to the
issues that this board is competent to address.
Even though two commissioners sit on this board as well at the WVRSA, we
cannot address the issue of the odors, only the charges.
Mr. Roberto replied that this is an absolute shame. This is the only town that charges a separate
charge for odor control. If the odor is
there, it affects the entire town. The
leaf site operation that was previously on this property affected the entire
town.
Cmsr. Bolduc replied that the Wanaque Commissioners try to
do what is fair and equal to all the constituents in town. We could get 200 people to come here and say
they had no idea they had contributed $250,000. towards an odor control
system.
Chrm. DiMeglio then stated that Pulte suggested an odor
control system. That system cost
$500,000. As such, Pulte paid for half
and this authority paid for half.
Cmsr. Bolduc stated that 3,000. users paid for an odor
control system. These residents could come back and ask why they had to pay for
a system that has no benefit to them.
Mr. Roberto replied that it is unfortunate Cmsr. Bolduc and
Covelli represent both authorities.
4. Lois Wolfer
Building 8
Ms. Wolfer stated that she is very satisfied how well the
WVRSA has worked with Pulte. However,
the entire town should be paying for the odor control system, not just the
residents of Wanaque Reserve. Wanaque
Reserve residents pay for school taxes, yet they do not have children in
school. Therefore, all residents of
Wanaque Borough should pay.
5. William Holt
Building 8
Mr. Holt stated he is very disappointed on what is being
here said tonight. Points of people’s
views have just been thrown around, and no one is listening. The fees should be equal amongst all the
users of the sewer system. The people
that require pumps in order to pump their sewerage are not charge separately.
Therefore, we are asking the board to repeal this charge.
Cmsr. Bolduc asked if he could ask Mr. Holt a question.
Mr. Holt replied no, not tonight.
Cmsr. Bolduc stated that this board couldn’t make everyone
happy. If all the residents of Pulte
said that they were not aware of the additional $60.00 charge, then maybe the
board could consider an alternative. This
board has been informed that the sewer charge was in the public offering
statement, as well as told from the realtor who sold you your unit. There is also a sign when you enter the
street that says Wanaque Valley Regional Sewerage Authority. We could have those residents that have
contributed to the odor control system come back and say we want our money
back, as we didn’t ask nor need it. This
board cannot make everyone happy.
Mr. Holt stated that any facility of this nature is a
public nuisance. This public nuisance
needs to be rectified. If the Wanaque
Reserve residents make this a public nuisance issue, we are all going to pay
for it.
Mr. Farrantino then stated that when he purchased his unit,
he was not aware that there was a sewerage treatment plant there, but this is
not the issue we are discussing. If you want me to, then I will.
Mr. Holt replied that we are guilty. Pulte told us we were moving next to a water
treatment plant. This issue, is a
different issue, and whether we seek to pursue it legally we have yet to
decide. The plant does process water
however.
Mr. Kassover then stated that this issue is with Pulte.
Mr. Farrantino then replied that he is going nuts here, as
that is why he did not want to address this issue.
Mr. Kassover then stated again that the authority is not
acting on the $60.00 charge tonight, but maybe in future.
Mr. Farrantino then stated that his committee would seek
other avenues.
5. Mayor Mahler:
a. WVRSA
Dissolution:
Mayor Mahler stated that within the next 30 days Wanaque
would be meeting with
The council re-introduced the
dissolution ordinance again for 2007.
2. WVRSA Tree Issue:
Mayor Mahler stated to the residents of Wanaque Reserve
that a developer at the lower end of town cut down trees and was fined by the
DEP and ordered to put in new trees. If
the trees are re-planted, they will be cut down again within the next couple of
years. As such, the borough
administrator has been instructed to contact the DEP to see if these trees can
be planted somewhere else in the community.
If DEP agrees that the trees can, we will then plant them at the plant.
Since no one else entered any public discussion, the
chairman closed this portion of the meeting.
6. COMMUNICATIONS:
None
7. UNFINISHED BUSINESS:
1. Copy Cat Copy Machine
Held for Closed
Session
2. Penny Schlagel
Re: 2007, 2008, 2009 Raise
Cmsr. Covelli stated that Ms. Schlagel is following suit
with what was negotiated at the WVRSA, which was a three-year deal, 3 1/2%, 3
1/2% and 4%. Usually, we only do one
year.
Cmsr. Reuter asked if Mrs. Schlagel is on contract.
Mr. Kassover replied no.
Cmsr. Bolduc moved a resolution authorizing a percentage
raise to the office manager, Penny Schlagel who is an employee at will the following:
2007 3.5%
2008 3.5%
2009 4.0%
seconded by Cmsr. Garland.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
3. WVRSA Plant
Upgrade Expenses:
Mrs. Schlagel stated that Cmsr. Covelli asked her to do
prepare a report as to what this authority has paid to the WVRSA on the plant
upgrade.
Cmsr. Covelli replied that since this is a working
document, he suggested that it be dated.
Cmsr. Bolduc stated that the WVRSA does have an accounting
analysis, however it would not include the funds that this authority expended
out of the Pulte connection fee for their projects.
There are bills on the voucher list tonight for plant
upgrade expenses, which this authority does not have funds to meet them. However, the WVRSA secured a line of credit
for 1.4 million dollars. Therefore,
since the regional does have funds to pay these expenditures, Ms. Schlagel
should send a letter to the regional advising them that we do not have the
funds.
All commissioners agreed.
Cmsr. DiMeglio stated that he met with Mr. White to advise
him that this authority did have the funds to pay these bills. Mr. White then informed him that this money
is wrapped up in CD’s, which are making interest, and he does not want to break
them.
Cmsr. Bolduc replied that Mr. White should of left some of
this money in the money market like Ms. Schlagel did, so that if we need funds
immediately, we had them. The bottom
line is that we do not have the money.
8. NEW BUSINESS:
1. Penny Schlagel
2006 Sick Time Buyback
Cmsr. Bolduc moved a Resolution authorizing the purchase of
sick time buy back for Penny Schlagel for the year 2006, seconded by Cmsr.
Garland.
On roll call, all voted yes except for Cmsr. Covelli voted
no due to the fact that he did not have a copy of the personnel sick time buy
back procedures.
9. PROFESSIONAL/COMMITTEE REPORTS:
1. William J. Kelly,
a.
Re: Leach Field Meter
Mr. Kelly stated that he has sent the college a letter with
his findings and recommendations on the leach meter on January 5th, and as of
today he has not had a reply.
The commission then directed Mr. Kelly to send another
letter to the college advising them that they must come up with a positive
solution with regard to the excessive infiltration prior to our February
meeting.
b.
Waterview at Wanaque
Mr. Kelly stated that the engineer for this project has
responded to his review letter however, they do not agree on the amount of
flows. Therefore, the engineer is going
to re-calculate his figures.
2. Jeffrey M.
Kassover, Esq.
1. Copy
Machine
To be discussed in closed session.
3. Jim Cerullo, CPA
Mr. Cerfullo had nothing further to report.
4. Cmsr. Frank
Covelli
a. Fair
& Open
Cmsr. Covelli moved a resolution authorizing the WBSA
purchasing agent, Thomas Carroll to advertise for professional services for the
year 2007 under the Fair and Open Act, seconded by Cmsr. Bolduc.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
10. FINANCE REPORT:
Cmsr. Covelli
moved a resolution to approve the following bills for payment when the funds of
the authority are sufficient to meet them, seconded by Cmsr. Bolduc:
Voucher 1 through 19 (auto debit-Health Benefits) $471,959.99
Payroll & Processing $
9,667.76
__________
TOTAL:
$481,627.25
It was then noted that the authority does not have
sufficient funds at this time for Vouchers: 1-4 payable to the WVRSA in the
amount of $443,393.38 for plant upgrade expenditures.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
RESOLUTION
REQUISITION REQUESTING FROM
THE REVENUE FUND TO THE OPERATING FUND BY THE WANAQUE BOROUGH SEWERAGE
AUTHORITY PURSUANT TO THE SECTION OF THE BOND RESOLUTION ENTITLED “RESOLUTION”
PROVIDES FOR THE ISSUANCE OF BONDS OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY IN
OCTOBER, 1987 AS AMENDED OR SUPPLEMENTED THEREAFTER.
1. Requisition is
hereby made by the authority to the trustee for funds from the revenue fund
established under a resolution to be transferred to the credit of a special
account in the name of the authority to be paid to the persons, firms or
corporations in the amount of $481,627.75 and for the purposes set forth herein
on the attached “Exhibit A”.
a. The authority has incurred the obligations in
the stated amounts and that each item thereof was properly incurred in the
operating, maintaining the system and has not been paid.
b. There
has not been filed with or served upon the corporation named in such
requisition, or if any such lien, attachment or claim has been released and
discharged by the authority.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
CLOSED SESSION:
Cmsr. Covelli
moved that:
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter
231, PO 195, (N.J.S.A. 10:4-1) permits the exclusion of the public from a
meeting in certain circumstances and;
WHEREAS, this public body is of the opinion that such
circumstances presently exist.
NOW, THEREFORE BE IT RESOLVED, by the Commissioners of the
Wanaque Borough Sewerage Authority,
1. The public shall
be excluded from discussion of action upon the hereinafter subject matter.
2. The general
nature of the subject matter to be discussed is as follows:
Possible Litigation
3. The commissioners
shall release and disclose to the general public the discussion and action
taken on the subject matter of the above-mentioned closed session when the
reasons for discussing and acting on the matter in closed session no longer
exists, but no later than one month of the commissioners arriving at a final
decision on the specific subject matter.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
RESULTS OF CLOSED SESSION:
Cmsr. Covelli
moved a resolution authorizing the purchase of a copy machine from Copy Cat
Associates at a cost not to exceed $3,000.00, seconded by Cmsr. Bolduc.
On roll call, all voted yes, and the chairman declared this
resolution adopted.
11. ADJOURNMENT:
Cmsr. Covelli
moved for the adjournment of this meeting, seconded by Cmsr. Reuter.
On roll call, all voted yes, and the chairman declared this
meeting adjourned.
______________________________
John DiMeglio, Chairman