WANAQUE BOROUGH
SEWERAGE AUTHORITY
MINUTES
Regular Meeting
January 13, 2009
The Regular
Meeting of the Wanaque Borough Sewerage Authority was held on January 13, 2009
at
Chairman Andrew R. Bolduc presided and read the following
Sunshine Statement:
“Adequate notice of this meeting has been provided by
this Authority by mailing notice of the meeting to the Trends and Herald & News Newspapers on December 11, 2008,
stating therein that this meeting would be held at 579 Ringwood Avenue,
Wanaque, New Jersey including Agenda therefore, and a copy of this Notice was
posted in the Wanaque Municipal Building on December 11, 2008 and a copy is on
file in the office of the Authority”.
On roll call the following Commissioner’s responded:
Andrew R. Bolduc
Frank Covelli
John DiMeglio
Joseph Garland
Mark Reuter
Professionals Present:
Charles Ferraioli,
CPA
Jeffrey M. Kassover,
Esq.
William J. Kelly,
Dan Mahler, Mayor
Penny Schlagel,
Office Mgr.
MINUTES:
The Regular
Meeting Minutes of November 18, 2008 were presented.
No corrections or deletions.
Cmsr. Reuter moved for the approval of the
above-mentioned Minutes, seconded by Cmsr. Garland.
On roll call all voted yes except for Cmsr. Covelli and
DiMeglio who abstained, and then the Chrm. declared this set of Minutes
adopted.
PUBLIC DISCUSSION:
Since no one
from the public entered any discussion, the Chrm. closed this portion of the
meeting.
Mayor Dan Mahler administered the Oath of Office to Frank
Covelli.
Public Hearing 2009
Connection Fee (Held until 8:00
P.M.)
Public Hearing 2009 Budget
COMMUNICATIONS:
1. Legal Notice Valleyview at Wanaque
Mr. Kelly stated that if the Planning Board does agree to
the proposed change that Valleyview is suggesting, such as making this
development a non-senior citizen complex, he would have to re-calculate the
connection fee for this project as well as revise the Wastewater Management
Plan.
Mayor Mahler stated that he would advise the Planning
Board of this information, as the matter is under review.
2. Resolution from
the Borough of Ringwood
Re:
Connection to the Sanitary Sewer System
Chrm. Bolduc stated that the Borough of Ringwood has
granted the homeowner permission to connect to our system.
3. Ltr. from JOGI
Construction
Re: Change Order
Mr. Kelly stated that a tree needed to be removed that
wasn’t called for in the original plans, the amount of the change order is
$883.75.
Cmsr. Garland moved a Resolution authorizing a change
order for the Gorge Drive Sewer Extension Project in the amount of $883.75 for
a removal of a tree, seconded by Cmsr. DiMeglio.
On roll call all voted yes and the Chrm. declared this
resolution adopted.
4. Ltr. from Gary
Caltabiolotta
Re:
Sewer Clog
Chrm Bolduc stated that since we did not have a December
meeting, Mrs.
Schlagel notified the owner
that his matter would be discussed at our January meeting. Meanwhile, the owner received a delinquent
sewerage charge on his sewer bill. The
owner would like his sewer bill credited for the sum of $326.00 which was the
cost he had to pay to have a plumber come out and snake the line as it was
clogged.
Mr. Kelly stated that he has reviewed this matter. The owner does have a cleanout, but it is
right outside of his home.
Unfortunately, the owner had no clue he had one. However, cleanouts are usually installed by
the curb, this one however is not.
Unfortunately, roots do grow and they are on his side and he is
responsible for having those roots cleaned.
Chrm. Bolduc replied that unfortunately the owner was not
aware that if he has a sewer emergency that he should call our police
department after normal business hours.
Mrs. Schlagel does have such an announcement on her answering machine,
but the Borough does not. Therefore, we sent the Borough a letter asking them
to put a message on their answering machine so that when a resident calls the
Borough, they know as well to call the police department and one of our
repairmen will be notified. Also, there
was not even a message on the Borough’s machine in case there was a water
emergency. Mr. Kostro was not aware that
there was not either, so now there is a message for water and sewer. Because of this issue, the owner should be
reimbursed his fee for the plumber he had to hire. However, though we cannot take it off his
sewer bill. These are two separate
issues. Of course we should waive the
delinquent charge.
All commissioners's agreed.
Cmsr. Covelli moved a Resolution authorizing the sum of
$326.00 to be paid to Gary Caltabiolotta which represents a refund for a
sewerage clog due to the fact that the owner was not aware that he had to
contact the police department after normal business hours when experiencing a
sewer problem. Also, the delinquent
charge for the 4th quarter billing shall be waived due to this occurrence,
seconded by Cmsr. Reuter.
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
Chrm. Bolduc then asked Mr. Kassover to draft a letter to
the owner with regard to our decision.
5. Memo from Tom
Carroll, Adm.
Re
$75.00 Billing Charge for
Cmsr. Covelli moved a resolution authorizing a billing
charge of only $75.00 per quarter for the 4th unit at
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
Public Hearing 2009
Connection Fee:
Since no one
from the public entered any discussion, the Chrm. closed this portion of the
meeting.
Public Hearing 2009
Budget:
Since no one
from the public entered any discussion, the Chrm. closed this portion of the
meeting.
2009 BUDGET:
Mr. Ferraioli
stated that the Local Finance Board has yet to review our budget, so we need to
hold off on the adoption until our February meeting.
NEW BUSINESS:
1. WVRSA-Ringwood Agreement:
Cmsr. DiMeglio and
Chrm. Bolduc stated that he was not at this meeting, but
felt that since Mr. White receives money for services he performs under this
agreement, it is a conflict of interest.
Cmsr. Covelli then stated that he was out voted on the
RBOE Agreement. He further stated that
he specifically asked Mr. Miller if there was going to be an exit clause in
this agreement. Mr. Miller said that inter-local agreements don’t have exit
clauses.
The contract is a poor
contract and it does not provide for the safety of the regional to protect
itself in the event of unforeseen cost increases.
Mr. Kassover stated that there could have been a clause
that one party or the other has the right to cancel this agreement, upon a
certain amount of notice. It is
certainly permissible to put this kind of clause in.
Cmsr. Bolduc stated that this agreement did not comply
with what motion the WVRSA voted on.
Furthermore, the last agreement with Ringwood was signed by the Chrm. of
the WVRSA not Mr. White. Mr. White
should not of executed this contract. If
the regional can give this type of deal to Ringwood, then why do the people of
Wanaque have to pay an increase in the treatment charge? The WVRSA does not
need 3 vehicles. They should also have an alarm system installed at the plant,
which by the way, almost every plant has one and they have no problems. These are some of the areas where money can
be saved. However, Cmsr. Covelli and I
are only two votes, and we have people sitting on a board from other towns
spending our money. That is why in our
last set of minutes I stated it, how money is spent recklessly at the regional.
Cmsr. Covelli replied that since he serves as the Chrm.
on the regional, he would like it known that he is not the bull’s eye of the
reckless spending. In one meeting alone,
our chemical cost went up $24,000. Another meeting the power bill was up
$20,000. These are unforeseen expenses. Did anyone predict that gas prices were
going up to $5.00 per gal? that the market was going to crash, that the largest
automakers are now asking for a bail out, no.
Mayor Mahler then asked if Mr. White drafted the Ringwood
Education contract, and no one reviewed it.
If he did, when it is time for Mr. White’s raise, he should know that he
wouldn’t be getting one because of this factor.
Cmsr. Covelli replied that supposedly Mr. Miller reviewed
it. However, Cmsr. Bolduc and myself
found errors. Mr. Bolduc is an attorney
and certainly found more errors than I.
In reading this contract, there are inconsistencies in wording,
grammatical errors and errors in terms of how the contract read in relation to
the resolution that I voted against, which was adopted anyway.
Mr. Kassover stated that the contract is then
voided.
Cmsr. Covelli replied no, because the regional
commissioners then over rode it and accepted the contract as written.
Mayor Mahler stated that this Authority should send a
letter to the regional stating that the local authority will not be held liable
for any lawsuit that may arise from the Ringwood Board of Education Contract.
All commissioners agreed.
Cmsr. Covelli stated that he would like an accounting of
all costs associated with the Ringwood Board of Education Contract, to ensure
the rate payers of Wanaque do not end up subsidizing through our assessment,
and any deficiencies of the servicing on the Ringwood Contract that the
regional cannot be released from.
Cmsr. Reuter then stated lets do something, lets take the
$50,000. minus the $34,000. and lower the budget to $60,000. a year for the
next five years.
Cmsr. Covelli stated that he and Cmsr. Bolduc stated to
the regional that this Authority wanted the same deal as Ringwood. A flat rate for 2009 and then it wouldn’t go
up any more than 4% over the next four years.
This matter was then held for Closed Session for further
discussion.
WVRSA DISSOLUTION:
Cmsr. Garland then asked Mayor Mahler as to the status on
the dissolution of the WVRSA?
Mayor Mahler replied that he spoke to both Ringwood and
Cmsr. Covelli stated, why would Ringwood want to get off
the regional; they just signed a 5-year contract?
Mayor Mahler further stated that he was hoping that the
State Controller would help us after they reviewed all the files, but it does
not look like it is going to happen.
Cmsr. Garland stated as far as he is concerned, the
regional should be called
the
minority, but yet we pay for
everything.
Further discussion held for Closed Session.
PROFESSIONAL/COMMITTEE
REPORTS:
1. William J.
Kelly,
a.
Mr. Kelly
stated that the construction is moving along at a great pace. The contractor should be done within the next
30 days. There is about 80 feet of pipe
to go and then we will be ready to abandon the Roger Ave Pump Station. The contractor has hit more rock then what
was anticipated.
Cmsr. Covelli asked if the contractor is entitled to a
change order?
Mr. Kelly replied no, it was just an over ride on a
particular issue. Also, the contractor
has submitted a bill tonight for the amount of $37,710.75. The bill has been reviewed and there is no
reason why payment should not be made.
b. Wastewater Management Plan:
Mr. Kelly
stated that the state has created a revised Wastewater Management Plan
regulation. All counties are now
responsible for preparing their wastewater plan. However, if the county doesn’t want to take
this responsibility on, then it reverts back to the town for handling. The
Cmsr. Covelli moved a Resolution authorizing Wm. J. Kelly
to prepare the 2009 Wastewater Management Plan in accordance with state
regulations, seconded by Cmsr. DiMeglio.
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
Mr. Kelly stated that he did send Mr. Carroll a letter
with regard to information he needs from the Borough and has yet to hear back
from him.
Mayor Mahler replied that he would remind Mr. Carroll of
this information for Mr. Kelly’s needs.
2. Jeffrey M.
Kassover, Esq.
a. Pulte Sales
Office- 1085 Ringwood Ave
Mr. Kassover stated
that we are still waiting for an updated easement that the attorney for Pulte
is in the process of drawing up. Myself,
Mr. Kelly, and a Pulte official came to the agreement that we would modify the
easement to reflect that in the future that either the Authority, or a
contractor hired by the Authority had to go under the building to get to the
easement and cause some disruption, that the Authority or there contractor
would not be responsible for any damage that may occur. Pulte has also agreed to re-locate the
electrical panel board.
In the parking lot Mr. Kelly noted a manhole. The Authority does not have an easement for
this manhole, which there is a line running out from this manhole. Pulte has also agreed to give us an easement
for this as well. We are still waiting
for a metes and bound description of this 15-foot easement we want from the
parking lot out to
Mayor Mahler stated that Pulte came before the Planning
Board, as it was a temporary building.
The Planning Board approved it as a permanent structure as long as they
settled things with the Authority. A
massage therapy was initially going to go in, but Mr. Sal Figilia rented them a
spot instead.
FINANCIAL REPORT:
Cmsr. Garland
moved a Resolution to approve the following bills for payment when the funds
are sufficient to meet them, seconded by Reuter:
December: V-174
through 183 $21,690.87
Health Benefits
Payroll: 25 &
26 & Processing 2,590.60
_________
$24,281.47
Construction: 796.25
January: V-1
through 14
Health Benefits
Resolution: 66
Payroll 1 & 2 & Processing $32,307.73
Construction: 37,710.75
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
Chrm. Bolduc stated that the Borough of Wanaque
Inter-Local Service Agreement has increased $439.79 per month for 2009.
RESOLUTION
DECEMBER
Operating
RESOLUTION 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”
WHICH PROVIDES FOR THE ISSUANCE OF BONDS OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY
IN OCTOBER OF 1987, AS AMENDED OR SUPPLEMENTED THEREAFTER.
1. The Authority
hereby makes requisition 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 $24,281.47
and for the purposes as setforth herein on the attached “A”.
a. The
Authority has incurred the obligations in the stated amounts and that each item
thereof was properly incurred in the operating and maintaining of the system
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 Chrm. declared this
Resolution adopted.
RESOLUTION
DECEMBER
Construction
RESOLUTION REQUISITIONING
FROM THE CONSTRUCTION FUND BY THE WANAQUE BOROUGH SEWERAGE AUTHORITY (“AUTHORITY”)
PURSUANT TO THE SECTION OF THE BOND RESOLUTION ENTITLED “RESOLUTION” AND
AUTHORIZING THE SUM OF $796.25 PRINCIPAL AMOUNT THEREOF (“RESOLUTION”) ADOPTED
BY THE AUTHORITY IN SEPTEMBER 2008, AS AMENDED OR SUPPLEMENTED THEREAFTER.
BE IT RESOLVED by the Wanaque Borough Sewerage Authority
in the
1. Requisition is
hereby made by the Authority to the Trustee for funds from the Construction
Fund established under the Resolution to be paid to the persons, firms or corporations
in the stated amounts and for the purposes as set forth on the attached Exhibit
“A”.
2. It is hereby
certified as follows:
a. The
obligations in the stated amounts have been incurred by the Authority and that
each item thereof was properly incurred in the construction or reconstruction
of the sewer 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.
c.
Such payments are for construction purposes.
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
RESOLUTION
JANUARY
Operating
RESOLUTION REQUESTING FROM
THE REVENUE FUND TO THE OPERATING FUND BY THE WANAQUE BOROUGH SEWERAGE
AUTHORITY PURSUANT TO THE BOND RESOLUTION ENTITLED “RESOLUTION” WHICH PROVIDES
FOR THE ISSUANCE OF BONDS OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY IN OCTOBER
OF 1987 AS AMENDED OR SUPPLEMENTED THEREAFTER.
1. The Authority
hereby makes requisition 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 $32,307.73 and for the purposes setforth herein
on the attached Exhibit “A”.
a. The
Authority has incurred the obligations in the stated amounts and that each
thereof was properly incurred in the operating and 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 line, attachment or claim has been released and
discharged by the Authority.
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
RESOLUTION
JANUARY
Construction
RESOLUTION REQUISITIONING
FROM THE CONSTRUCTION FUND BY THE WANAQUE BOROUGH SEWERAGE AUTHORITY (“AUTHORITY”)
PURSUANT TO THE SECTION OF THE BOND RESOLUTION ENTITLED “RESOLUTION” AND
AUTHORIZING THE SUM OF $37,710.75 PRINCIPAL AMOUNT THEREOF “RESOLUTION” ADOPTED
BY THE AUTHORITY IN SEPTEMBER OF 2008 AS AMENDED OR SUPPLEMENTED THEREAFTER.
BE IT RESOLVED, by the Wanaque Borough Sewerage Authority
in the
1. Requisition is
hereby made by the Authority to the Trustee for funds from the Construction
Fund established under the Resolution to be paid to the persons, firms or
corporations in the stated amounts and for the purposes as set forth on the
attached Exhibit “A”
a. The
obligations in the stated amounts have been incurred by the Authority and that
each item thereof was properly incurred in the construction or reconstruction
of the sewer 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.
c.
Such payments are for construction purposes.
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
CLOSED SESSION:
Cmsr. DiMeglio
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:
Potential Litigation/Contract
Negotiations
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.
Seconded by Cmsr.
On roll call all voted yes and the Chrm. declared this
Resolution adopted.
RESULTS OF CLOSED SESSION:
Cmsr. DiMeglio
moved a Resolution to request that the Mayor & Council of the Borough of
Wanaque to take such legal steps as necessary in order to remove/withdrawal
Ringwood and the Twp. of West Milford from the Wanaque Valley Regional Sewerage
Authority and for Ringwood and the Twp. of West Milford to contribute to the
cost of operations of the Authority, seconded by Cmsr. Garland.
On roll call all voted yes except for Cmsr. Covelli who
abstained, and then the Chrm. declared this Resolution adopted.
ADJOURNMENT:
Cmsr. Covelli
moved for the adjournment of this meeting, seconded by Cmsr. DiMeglio.
On roll call all voted yes and the Chrm. declared this
meeting adjourned.
_____________________________________
Andrew R. Bolduc, Chrm.