WANAQUE BOROUGH

SEWERAGE AUTHORITY MEETING

 

MINUTES

 

Regular Meeting

 

March 13, 2007

 

          The regular meeting of the Wanaque Borough Sewerage Authority was held on March 13, 2007 at 579 Ringwood Avenue, Wanaque, New Jersey.

          Chairman Bolduc 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 January 12, 2007 stating therein that this meeting would be held at 579 Ringwood Avenue, Wanaque, New Jersey and a copy of this notice was posted in the Wanaque Municipal Building on January 12, 2007.”

 

ROLL CALL:

 

          On roll call, the following Commissioners responded:

 

                                      Bolduc

                                      Covelli   (arrived at 7:40 P.M.)

                                      DiMeglio

                                      Garland

                                      Reuter

 

          Professionals Present:

                                      Charles Ferraioli, CPA       (arrived at 8:00 P.M.)

                                      Jeffrey M. Kassover, Esq.

                                      William J. Kelly, Eng.

                                      Penny Schlagel, Office Manager

 

MINUTES:

 

          The Re-organization Meeting Minutes of February 13, 2007 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, and the Chairman declared this set of minutes adopted.

 

          The Regular Meeting Minutes of February 13, 2007 were presented.

No corrections or deletions.

 

          Cmsr. Garland moved for the approval of the above-mentioned minutes, seconded by Cmsr. DiMeglio.

 

          On roll call all voted yes and the Chairman declared this Resolution adopted.

 

5.  PUBLIC DISCUSSION:

 

          1.  Dave DiSilva

              108 Monroe St.

 

          Mr. DiSilva stated that in an effort to figure out exactly how the regional and local authority operate, he has reviewed both sets of minutes.  He is concerned that the treatment plant is still sending out odors, which has nothing to do with this Authority.  Also, the residents of Wanaque Reserve are being charged an additional $65.00 in maintenance fees for odor control.  This is not an equitable distribution cost.  It should be divided amongst all the users in town.  As such, this Authority should know that I went to the Council Meeting last night, and was advised to attend this meeting tonight to voice my concerns.   Other towns do in fact split the cost between all the residents in their town.  Thank You.

 

          Since no one else entered any public discussion, the Chairman declared Public Discussion closed.

 

          Cmsr. Covelli arrived at 7:40 p.m.

 

6.  COMMUNICATIONS:

                                                         

          1.  Ltr. from Wm. J. Kelly, Eng.

              Re:  Restaurant Connection Fees

 

          Mr. Kelly stated that he has submitted a memo to all commissioners with regard to the flows that are currently used for determining a connection fee for restaurants.  According to the State requirements, the Authority can charge up to 35 gallons per day per seat.  There was a concern by some Commissioners that by using this amount per seat per restaurant for our connection fee that it might drive away future restaurants in the borough.  Therefore, the Commission authorized a review of the seating capacity and usage with some other local restaurants.

 

Findings:      IlPalazzo               Wanaque                  133 seats -   933 gpd

                    Berta’s                   Wanaque      177 seats - 1,885. gpd

                   Monica’s                Pompton Lkes         55 seats - 15.38 gpd

                   Thather McGee‘s   Pompton Lkes.      135 seats - 2,244. gpd

                    Riddles                 Pompton Lkes.         80 seats -    650. gpd

         

          Mr. Kelly further stated that the gpd per seat vary very much.  The average would then be about 20 gallons per seat.  The reason why some the seating is so low is because all seating is not being utilized.  The State standards are for full use of a restaurant.  Therefore, it is recommended that the Authority use 20 to 25 gpd for calculating a connection fee.     

          Mr. Kassover stated that this Authority has every right to establish a rate for restaurants based upon an analysis.

          Cmsr. Covelli replied that the Authority should establish this procedure now which is being applied evenly and uniformly rather then when a new restaurant application is becoming before us.

          Cmsr. Reuter asked if we knew what other towns charged?

          Mr. Kassover replied that for Pompton Lakes it is $5,800.00 for sewer, and there is a water connection fee for about $1,700.   

          Mrs. Schlagel replied that our plant is a lot newer than Pompton’s so we have more debt service then they have.

          Chrm. Bolduc asked Mr. Kelly if it is his recommendation that the Authority use 20 gpd?

          Mr. Kelly replied that he is suggesting somewhere between 20 and 25.  This decision is strictly up to the commission.

          Cmsr. Covelli stated that he suggests 20 gpd for the mom and pop businesses, as they do not have a tracking of water usage like a Burger King would.

          Cmsr. Reuter stated that this proposal sounds like a good idea, however since this issue has been being discussed over the course of last year, he would like some more information.

         

          Discussion ensued with regard to all the research that has been done on this matter over the last six months.

 

          Cmsr. Covelli moved a Resolution authorizing the Wanaque Borough Sewerage Authority to use a 20 gpd per seat for determining a full restaurant /bar connection fee, seconded by Cmsr. Garland.

 

          On roll call, all voted yes, except for Cmsr. Reuter who abstained, and then Chairman declared this Resolution adopted.

 

          2.  Ltr. from Greg White

              Re:  Sewer Jet Vac & Bill for $300.79       

 

          Chrm. Bolduc stated that at our last meeting there was a Memo from George Kostro with regard to the jet vac not being properly maintained by the WVRSA.  Mr. White has now responded to this Memo.  Mrs. Schlagel have you given a copy of Mr. White’s response to Mr. Kostro, as Mr. White is making accusations.

          Mrs. Schlagel stated that Mr. Kostro is not going to respond to Mr. White’s Memo as he was just reporting that the jet vac was not being properly maintained.

          Chrm. Bolduc replied that ever since this machine was purchased it has been abused.

          Mrs. Schlagel then stated that there is a $300.00 bill for the replacement of a hose.  Is this Authority going to pay it, or should it be forwarded to the regional.

 

          It was then the decision of the board that the local would pay this bill as if the bill was forwarded to the regional; the local authority would pay for it anyway.

          Chrm. Bolduc then stated that he is more concerned that the proper operating procedures for the utilization of this machine be followed by both the borough and regional.

          It was then concluded that Mrs. Schlagel would review the logbook on a periodical basis.

          Cmsr. Covelli replied that is should not be the responsibility of Mrs. Schlagel to pull the book.  The regional as well as the borough should submit a copy monthly of the log book to Mrs. Schlagel. 

          All commissioners agreed to same.

                                                                   ***Mr. Ferraioli arrived***

          3.  Ltr. from DEP

               Re:  Wastewater Management Plan

               Held until Mr. Kelly’s report.

 

7.  UNFINISHED BUSINESS:

 

          1.  Highland Ave Leak

 

          Mr. Kelly stated that as we all know there is a major leak on the existing sewer pipe under the culvert on Highland Ave.  Pulte had originally agreed to pay for the entire cost of the repair on this line.  Pulte has had a number of contractors in to look at the leak.  It is now apparent that the line cannot be slip lined without removing a certain section of the pipe from the first manhole towards the culvert.  The major concern is that 20’ to 30’ feet of line is corroded.  If it were slip lined or any type of repair made to this portion, it could cause enormous pollution problems to the Authority and Pulte.  Pulte has come up with an alternative, which will include the participation of this Authority with regard to funding this repair.  There are two ways the line could be fixed.  However, Pulte feels that they are not responsible for the entire cost for this repair. Tonight, Barbara Jaquett and Ed Minall, Land Dev. Mgr. are here on behalf of Pulte.

          Ms. Jaquett then thanked the board for letting her bring this matter before the board on such short notice, as she would like to discuss the two methods of repair and funding.

          Mr. Kelly stated that he found the disc that National Watermain submitted on the Highland Ave break. Mr. Kelly  then gave a picture presentation of all the cracks that were found in the line on March 13, 2006.  Mr. Kelly was very concerned about the pictures that National Watermain took as they are now a year old.  The state may want updated pictures as Mr. Kelly felt that this matter should be classified as an emergency repair.  The major problem with this line is that eight feet in there is a major leak, which is giving us 50,000. gallons a day of infiltration.  This is ground water and not sewerage.  At sixteen feet, there is a break on the left side of the pipe.  At twenty feet there was a break during construction that Fitzpatrick did, but that was re-sleeved from the outside. 

 

                                      Repair Scenarios

 

          One is to remove and replace the first twenty feet of the sewer line.  This repair though carries with it, the possibility that the line will continue to crumble and the pipe will not be able to be replaced.  This repair would only replace a section of what is clearly a very old deteriorated line.  Pulte had obtained a bid of $80,000. to attempt this repair.

 

          The second scenario is to completely bypass the crumbling sewer line by installing new pipe along the side of the culvert.  This repair would eliminate the entire old section of sewer pipe and replace it with a new line consists of cement lined ductile iron pipe. Experts have told Pulte that due to the corrosive nature of the effluent, deterioration of that type of pipe is inevitable.

 

          Cmsr. DiMeglio asked Mr. Kelly how much the engineering costs would be?

          Mr. Kelly replied between $5,000. and $7,000.00.

          Cmsr. Covelli stated that he has spoken to Mr. Carroll as our Certified Purchasing Agent, and he feels that we cannot go out on an emergency on this matter.

          The pictures are over a year old, so obviously we knew about this situation.

          Mr. Kelly replied that it was not considered an emergency for this Authority because Pulte was in the process of fixing the line.  Once we found out that they can’t take care of the problem, it does become our problem.

          Cmsr. Covelli stated that Mr. Kelly is a good engineer, but Mr. Carroll is the one who can tell us whether we are in legal authority to determine this problem an emergency.  It is not the end of the world if we have to put out a bid package.  It is a 10-day turn around process.

          Mr. Kassover replied that an engineer has to prepare specs, then complied into a bid book, advertising, etc.

          Cmsr. Covelli stated that Mr. Carroll has everything on his computer, so he would be ready to make them.

          Ms. Jaquett stated that at first it was not an emergency situation, but with all of our findings we just can’t slip line the line.  What we thought would be a simple repair, has now turned into a nightmare because if we attempted to repair the line and it collapsed it would cause serious problems.  The cost is also another factor, now that the entire line has to be replaced.

          Cmsr. Covelli stated that he also feels that the second scienario is the best way to go.  In the future if this line had to be accessed, it would not be in the roadway.

          Chrm. Bolduc replied that we have no choice, the second scenario is the best way to go.  Hopefully, we can proceed in a quick manner.

          Mr. Kassover stated that Mr. Carroll’s input is important of course, however the commission can make the determination that this is an emergency situation.

          Chrm. Bolduc stated that since it is going to cost $110,000. excluding engineering and Pulte is going to give us 40,000.  and there is $30,000. left in the infiltration fund, that only gives us $70,000.  where are we going to come up with the rest money Mr. Ferraioli?

          Mr. Ferraioli replied that we did not budget for this project.  There may be money in December.  Financial matters will be discussed later under my report.

          Cmsr. Covelli stated to Ms. Jaquett that Pulte has more then went above and beyond.  He knows that Pulte is offering $40,000. and our Office Manager has submitted a report that no co’s have been issued over a month, so we are asking at a really bad time, but would Pulte consider paying 50% of the cost but it would be capped at $50,000. 

          Ms. Jaquett replied that she would absolutely bring this offer back to her operation team. 

          Chrm. Bolduc stated that in all due respect we have been told for the last year that Pulte was to repair and pay for the repairing of this line and it was going to be done soon. 

          Ms. Jaquett replied that was Pulte’s intention.  What we thought was going to be a $20,000. repair turned out to be something more major.  It was not until recently we were told that we should not even attempt to slip line the line.  We were right about to have a pre-construction meeting with the company who was going to perform the slip line work and the people who said sure we can do this repair were all fired because the company management said no way would they attempt it.  After contacting two other contractors, they both told us the same thing.  If they attempt to slip line there is a strong chance the rest of the line is going to collapse, so you better have your backup permits in place.  Therefore, we will not risk it. 

          Cmsr. Covelli stated that for the record because of Ms. Jaquett’s reputation, he believes in her 100%.

 

          Cmsr. Reuter moved a resolution authorizing Tom Carroll to make a determination whether it is an emergency within the meaning of the Local Public Contract’s Law with regard to the Highland Ave sewer main break as well as having William J. Kelly prepare the plans for 800 feet of by-pass sewer line, seconded by Cmsr. Covelli.

 

          On roll call, all voted yes, and the Chairman declared this resolution adopted.

 

          2.  $60.00 Odor Control Charge:

 

          Chrm. Bolduc stated that with regard to this matter he has spoken to each commissioner individually prior to this meeting tonight.  We all agree that given the current financial circumstances that this Authority faces we cannot dispense with this charge at this time.  If there were a change in circumstances that would warrant re-visiting this issue, we would absolutely do so.

We have listened to all the presentations that everyone gave, but under the circumstances we cannot elevate this charge at this time. 

 

          All commissioners verbally concurred with Chrm. Bolduc.

 

          Cmsr. Covelli suggested that the Authority’s attorney, Jeffrey M. Kassover draft a legal opinion on this subject matter so that it will be available to the public.  Many statements have been made such as we do not have the right to charge this charge to just a certain group residents per the utility board, etc. and the record needs to be set straight.  This letter will then be on file for anyone in the public.

 

8.  NEW BUSINESS:

 

          1.  Union Court Pump Station:

 

          Ms. Schlagel stated that the Police Dept. has moved around there

offices and all alarms will be running through their computers.  Our station alarm is not on a dial up system, nor are the water department’s. These lines are called lease lines. Therefore, our alarm system has to be changed.  Roger Ave Station was set up with a dial up, so that station is okay.  However, Mr. Kostro and myself have been working on getting quotes on how much it will cost to change over to a dial up system.  Hopefully, next month we will have them.  As soon, as I receive them, I will forward them to Mr. Kelly.   It will probably cost around $2,000.

          Cmsr. Covelli asked Mr. Kelly if there was any other type of alarm line we could use in today’s technology such as wireless, radio frequency, as it is his belief that water tanks have all been converted to radio frequencies and there is no monthly charge.

          Mr. Kelly replied that he would attempt to see if he could get some quotes.

          Mrs. Schlagel replied that Mr. Kostro had his lines switched over today to dial up.

         

          Cmsr. Covelli moved a resolution authorizing the sum of up to $3,000.00 for a new alarm line for the Union Court Pump Station, seconded by Cmsr. Garland.

 

          On roll call, all voted yes, and the Chairman declared this resolution adopted.

 

9.  PROFESSIONAL/COMMITTEE REPORTS:

 

          a.  William J. Kelly, Engineer

 

                   1.  Wastewater Management Plan

 

          Mr. Kelly stated that each municipality, Ringwood, Wanaque and West Milford will now have to prepare there own plan.  Previously, the regional authority was preparing the plan for both Ringwood and Wanaque and West Milford has always done their own.  Every six years the state requires amendments to their plan.  The last approved amendment for Wanaque was approved in 1997 when we did the college.  Therefore, it has been 10 years since Wanaque has amended their plan.  It is not because we haven’t tried, but there were problems between the state with regard to West Milford, Ringwood and Wanaque.  The state says that now each will do their own plan.  Purcell has done Ninety percent of the amendments.  We now have to take Mr. Purcell’s plans and modify them for what only addresses the Borough of Wanaque. 

          The state also now has additional requirements that will require special attention. 

          There is really no emergency to update our plan unless a big development came in and the state wanted it updated.  However, there is one project that is coming in which is Valleyview at Wanaque.  We don’t know if the state will review their sewer extension permit and approve it because our plan is 10 yrs. old.  If they do approve it, then there will be no immediate rush.  Then we could meet with the state and find out what we need to do in order to finalize our plan.  Until we hear if the state accepts the Valleyview application, there is no immediate action we need to take at this time.

          Chrm. Bolduc stated that if Mr. Kelly needs any help, he is sure that Mr. White would happily do so.

         

          Cmsr. Garland moved a resolution authorizing William J. Kelly, Eng. to amend the Borough of Wanaque Wastewater Management Plan.  Since Mr. Kelly has no idea of how much work will need to be done until he researches this matter, no dollar amount has been set.  Seconded by Cmsr. DiMeglio.

 

          On roll call, all voted yes, and the Chairman declared this resolution adopted.

 

          2.  Whistler Place Sewer Project:

 

          Mr. Kelly stated that there would be a pre-construction meeting on March 20, 2007.  Mr. Kelly stated that bids were already accepted, and he was not even informed they went out.  Therefore, he did not review the bid documents.  If there are any change orders now, it will cost additional money because he was not able to review the original bid specs and make any changes that were deemed necessary.  Mr. Kelly then stated that he was very disappointed that he was excluded.

         

          b.  Jeffrey M. Kassover, Esq.

 

                   1.  Audit Report:

 

          Mr. Kassover stated that he submitted his audit report letter on February 16, 2007 to Mr. Ferraioli.

 

          c.  Charles Ferraioli, CPA

 

                   1.  Finances of the WBSA:

 

          Mr. Ferraioli stated that everyone has received tonight a copy analysis of our 1997 Bonds.  (See Attached)  These were issued at a five and a quarter interest rate.  Our call feature is on December 7, 2007.  We could call these bonds in if interest rates don’t go up.  If we hit the peak and the Federal Reserve actually starts cutting rates again, we would see even bigger savings.  These savings are after all expenses, including professionals would be $260,000.00 in all.  This year you would see a savings of $20,000. 2008 you would see about $17,000. etc. 

          First though we would need approval from the Local Finance Board.  They will approve a re-funding if there is a net present savings of 3%.  Our savings on the date of this analysis was 7.32%, we are well over the 3%.  We have some time until we have to begin.    Our total debt is paid off in 2021.  Since our list of capital projects are beginning to grow and our source of funding continues to decline, we should take advantage of this refunding as well as bonding for new construction since we have to prepare all the same paperwork for refunding our initial bonds.  The new bonds would then be wrapped into our existing debt.  The refunding sale will lower our debt service and we can then afford to do our capital projects and our annual debt service will not increase due to refinancing the original bonds.

          Mr. Ferraioli further stated that the commission does not need to make a decision tonight, but does suggest that Mr. Kelly prepare a list of what capital projects need to be done in the next few years.

          All Commissioners agreed to have Mr. Kelly prepare same.

                                               

10 FINANCE REPORT:

 

          Cmsr. Garland moved a Resolution to approve the following bills for payment when the funds of the Authority are sufficient to meet them, seconded by Cmsr. DiMeglio:

 

                   Voucher 37 through 50 in the amount of        $17,393.71

 (The Authority has insufficient funds for Voucher 36

 (WVRSA) for the amount of $34,403.88.)                          

                   Payroll and Processing:                                   4,701.06

                                                                                      __________

                                                          TOTAL:               $24,094,77

 

          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 $22,094.77 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 item 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 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.

 

ADJOURNMENT:

 

          Cmsr. Covelli moved for the adjournment of this meeting, seconded by Cmsr. Garland.

 

          On roll call, all voted yes, and the Chairman declared this meeting adjourned.

 

_____________________________________

Andrew R. Bolduc, Chairman