Wanaque Borough
Sewerage Authority Meeting

Minutes

Regular Meeting

April 14, 2009

The Regular Meeting of the Wanaque Borough Sewerage Authority was held on April 14, 2009 at 579 Ringwood Avenue, Wanaque, New Jersey at 7:30 P.M.

Chrm. 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 this meeting to the Trends and Herald & News newspapers on February 23, 2009 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 February 23, 2009, and a copy is on file in the office of the Authority.”

ROLL CALL:

On roll call the following Commissioners responded:

Andrew R. Bolduc

John DiMeglio

Joseph Garland

Mark Reuter

Cmsr. Frank Covelli was absent.

Professionals Present:

Jeffrey M. Kassover, Esq.

William J. Kelly, Eng.

Penny Schlagel, Office Mgr.

Edward Winkel, CPA

The Regular Meeting Minutes of March 10, 2009 were presented.

No corrections or deletions.

Cmsr. DiMeglio moved for the approval of the above minutes, seconded by Cmsr. Reuter.

On roll call all voted yes except for Cmsr. Garland who abstained, and then the Chairman 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.

COMMUNICATIONS:

1. Ltr. from Wanaque Reserve

Re: Pool/Spa Flow

Mr. Kelly stated that he spoke with Ms. Sedaka. There are 2 pools and 2 spas. After calculating how much water is evaporated, it is about $2,000. a year. Therefore, a separate meter should be installed for just the pools and the spas. Wanaque Reserve would pay for the cost of the installation.

Chrm. Bolduc then asked if there are separate lines that run to the pools and spas?

Mr. Kelly replied that he doesn’t know until he receives a set of plans, which indicate where all the water lines run and see whether or not this can even be done.

Chrm. Bolduc stated that Elk’s Camp Moore went ahead and installed a separate meter for their pool a few years back at their own expense because of this same issue.

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

Re: 13 Roger Ave

Mr. Kelly stated that he and Mr. Kostro met with the owner of this property with regard to a water problem the owner was having in his yard. The owner claimed the water was due to the work that was done on Gorge Dr. The sewer construction that was done is about 3 to 4 feet below his property, so there is no possible way from the work that was being done could cause damage to this property. The owner wanted a drain to be put in so that the water would disappear. However, the water is coming from a rock wall located behind the home, and therefore it is not our responsibility to correct this problem.

Chrm. Bolduc stated that the owner also has this home for sale.

7. NEW BUSINESS:

1. Shut Off Policies for 2 Family Dwellings:

Chrm. Bolduc stated that our shut off list this year was rather long. There were a lot of two family dwellings on the list where the owner doesn’t reside. We may need to re-visit our rules with regard to two family non-owner occupied premises.

Mr. Kassover replied that in Pompton Lakes you need to put up a meter deposit for any rental property and set up an account. If the tenant or whoever the account holder is does not pay it, you may certainly shut the water off. The landowner is still liable for unpaid water/sewer charges. There is also a problem with 2 families when you have one meter serving two units. If the one family pays and the other doesn’t, what happens? It is not the Authority’s problem to get involved in landlord/tenant disputes and give advice. If the bill is not paid, the Authority does have the right to terminate the water service. Meter deposits may be a good idea. Mrs. Schlagel could contact Mrs. Shortway of Pompton Lakes and see how they do this meter deposit.

Chrm. Bolduc asked if CO’s are issued in Pompton Lakes for change of tenancies.

Mr. Kassover replied yes.

Chrm. Bolduc replied that Wanaque doesn’t to his knowledge. Unless a house is being sold, then they have a fire inspection.

Mrs. Schlagel stated that the sewer bill, delinquent bill, and the shut off bill all go to the owner of the property. The actual shut off notice is posted on the door of the property about 4 days before the actual shut off. Then we will receive a phone call from the tenant saying that they either pay their sewer in their rent fee and the landlord is suppose to pay for it, or the tenant will come up and make a payment. This time after speaking with Mr. Kassover, it was suggested that we give a 5-day grace period when the tag is actually hung on the door. This course of action worked very well and everyone came in and paid.

Mr. Kassover stated that is correct, we pulled the next day shut off notice and put it off by a week, and that seemed to work well. That gave everyone time to pay.

Cmsr. DiMeglio asked that if the tenant approaches Mrs. Schlagel and tells her that they pay their sewer bill in their rent? How should she handle this?

Mr. Kassover replied that we can’t give out legal advice. We can prepare an amendment to our rules and regulations regarding tenants.

Chrm. Bolduc suggested that we give at least 10 days. Mr. Kassover has a good idea about a meter deposit; however, most 2 families home only have one meter, so this method would not work.

Mr. Kassover also stated that with a condo association if they do not pay their bill, you couldn’t shut the water off. You would have to take the association to court.

It was then concluded that Mr. Kassover would prepare a Resolution with regard to this matter for our next meeting.

2. 2008 Audit:

Mr. Winkel stated the following comment:

Due to the size of the Authority and the number of personnel, the internal control is not great, but the cost of improving internal control would be the hiring of more personnel.

Cmsr. Reuter asked if other towns get this same recommendation when there is only one employee on their audit report.

Mr. Winkel replied yes there are quite a few of them. Hiring another employee would not be cost effective.

Cmsr. Reuter then asked if the auditor could perform oversight services so that this comment would no longer appear in the report?

Mr. Winkel replied no, because then we would no longer be independent.

Cmsr. Garland moved a Resolution to adopt the 2008 Audit Report as presented by the auditor and that the authorization is hereby given to execute the Certification for the State of New Jersey on same. Seconded by Cmsr. Reuter.

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

PROFESSIONAL/COMMITTEE REPORTS:

1. William J. Kelly, Eng.

a. Wastewater Management Plan

Mr. Kelly stated that he sent a letter to the State of New Jersey advising them that the WBSA is taking the responsibility of preparing the Wastewater Management Plan. Since the deadline is July 7th, we will have it deferred because the state needs to send us the mapping of the Highland Preservation. Since the county declined to do the plan, the Federal Government under the grant program has indicated to the state that they would give a $10,000. Grant to each municipality for preparing the plan. Therefore, we now need to prepare this application. However, the Authority needs to pass a Resolution indicating that they are authorizing me to submit the application.

Cmsr. Reuter moved that:

The governing body of the Wanaque Borough Sewerage Authority desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $10,000.00 to fund the following project:

Borough of Wanaque Wastewater Management Plan

Therefore, the governing body resolves that Andrew R. Bolduc or the successor to the office of Chairman is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $10,000.00 and not more than $10,000.00, and (c) to execute any amendment thereto which does not increase the Grantee’s obligations.

The Wanaque Borough Sewerage Authority authorizes and hereby agrees to match $13,500.00 of the total project amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property is hereby certified. $13,500.00 of the match will be made up in kind services.

The Grantee agrees to comply with all applicable federal, state and municipal laws, rules and regulations in its performance pursuant to the agreement. Seconded by Cmsr. Garland.

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

b. Flow Study

Re: Union Court Pump Station

Mr. Kelly stated that the study is now complete. It has been determined that the average daily flow to this station is 122,000. gpd. Based upon state requirements we need a pump two and half times the average flow. However, one of our pumps failed the test. These pumps have impellers, and the one pump has a smaller impeller then the other. It is recommended that we update the impeller.

Now when the hotel comes in the pump capacity will need to be increased. It is recommended that we increase the pumps to a higher horsepower, which is called a variable frequency drive control system, which converts the horsepower to three phases. This cost is approximately $25,000. We did allocate about $55,000.00 for this project. This does not have to be done at this moment, however, we should have Pumping Services come in now and change the impeller on the one pump.

Chrm. Bolduc asked how long do we have until we must upgrade this station.

Mr. Kelly stated that we wouldn’t have to upgrade this station with the hotel coming on. However, until we do the wastewater management plan and know what the future development will be, we don’t just know at this time.

Cmsr. DiMeglio moved a Resolution authorizing Pumping Services to install one impeller on the pump at the Union Court Pump Station at a cost not to exceed $1,600.00. Seconded by Cmsr. Garland.

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

2. Jeffrey M. Kassover, Esq.

a. Pulte Sales Office

Ringwood Avenue

Mr. Kassover stated that Mr. Isril contacted him with regard to our agreement on the sewer easement. We are now in the process of preparing the metes and bonds description.

b. John De Easement

Re: Greenwood Ave

Mr. Kassover stated that the easement came back recorded, however it did not have the lot and block on it. Therefore, it had to be sent in to be re-recorded. Mr. Dee does now have the easement with the block and lot.

c. Gary Schindel

17 Roger Ave

Re: Assessment Charge

Mr. Kassover stated that he has left Mr. Carroll a message and has not received the ordinance on this matter. However, we can just respond to Mr. Schindel by informing him that the assessment was not for the just the pump station is was for sewer line, connection fee and a water line.

Chrm. Bolduc directed Mr. Kassover to send a letter to Mr. Schindel advising him of what all the assessment included.

Mr. Kassover then stated he had one item for closed session.

FINANCIAL REPORT:

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

V-29 through 45

Health Benefits $40,942.57

Payroll 8 & 9

Payroll Charges 5.237.20

Construction 3,581.59

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

RESOLUTION

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 $46,179.77 and for the purposes as 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 of 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 Chrm. declared this Resolution adopted.

RESOLUTION

RESOLUTION REQUISITION 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 $3,581.59 PRINCIPAL AMOUNT THEREOF ADOPTED BY THE AUTHORITY IN SEPTEMBER OF 2008, AS AMENDED OR SUPPLEMENTED THEREAFTER.

BE IT RESOLVED, by the Wanaque Borough Sewerage Authority in the County of Passaic, State of New Jersey as follows:

1. Requisition is hereby made by the Authority to the Trustee for funds from the Construction established under the Resolution to be paid to the persons, firms or corporations in the stated amounts and for the purposes as setforth on the attached Exhibit “A”.

2. It is hereby certified as follows:

a. The Authority has incurred the obligations in the stated amounts 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.

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

CLOSED SESSION:

Cmsr. Reuter 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 on the opinion that such circumstances presently exist.

NOW THEREFORE, BE IT RESOLVED, by the Commissioners of the Wanaque Borough Sewerage Authority, County of Passaic, State of New Jersey as follows:

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

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.

RESULTS OF CLOSED SESSION:

There were no results to report on at this time.

ADJOURNMENT:

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

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

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Andrew R. Bolduc, Chrm.