Administrator: Borough Should be 'Done' With BASS [VIDEO]

Dozens of animal lovers and Bloomingdale Regional Animal Shelter Society (BASS) supporters filled the Bloomingdale Council chambers Tuesday night as BASS President Ellen Ribitzki pleaded with the borough council to work with the organization and begin paying for its sheltering services this year. But after a nearly four-hour discussion, it seemed as though the ball has been in BASS' court on whether to move forward with an agreement with the borough since Dec. 30 and despite vacating the Brandt Lane premises this weekend, it is possible that BASS can continue operating the Bloomingdale shelter.

Borough Attorney Fred Semrau updated the council and said that the borough is legally unable to succumb to the changes BASS would like made to the contract awarded on Dec. 30, which offered BASS $31,500 per year, because of bidding laws that allow them only to offer what was offered in the bid specifications. Semrau did not yet address the changes BASS would like made to the contract, but said they requested about 15 changes to the lease agreement for the facility, which include lower insurance coverage, a request for a new facility or repairs in the event of flooding and to be able to keep any fixtures they install in the building. BASS is also requesting the borough pay their utility bills.

"If you bid on something, you just can't come back and say, 'I want to see these material changes," he said.

Instead, BASS can reject the bid, the borough accept the withdrawl and, if the borough chooses, the two entities can move forward with negotiating a contract without going through the bidding process. However, at that point, the borough can also decide to negotiate with other organizations or choose to provide the sheltering services in-house.

Borough Administrator Ted Ehrenburg said he would be encouraging the borough council not to move forward with BASS because of their actions in vacating the shelter Sunday night. Nearly 100 animals were removed from the shelter, as well as cages and some latches, but two dogs and about 14 cats were left behind, still under the care of shelter volunteers, Ribitzki said. Ehrenburg said he had spoken to Ribitzki on Friday and that she never indicated BASS' intentions to vacate the property.

"When you basically leave your post, in my opinion, you're done," Ehrenburg said.

Ehrenburg said he will assume the responsibility of finding care for the animals until the contract is settled, but that since BASS took the latches off the gates, the borough will have to figure out how to shelter animals the Animal Control Office brings in.

Councilman Glenn Schiffman, who has supported the council working with BASS to resolve a contract in the past and last month attempted to have the council pay the organization $2,500 until the contract is settled, said he too is unsure whether the borough should move forward with BASS. He noted that professionalism and trust are key components to any working relationship and he feels that the council has exercised both in regards to the contract, but that BASS has not.

"My hands are starting to become tied. I'm starting to get a bad taste in my mouth," he said.

But Ribitzki said the volunteers feared that if they continued to operate without funding from the borough, they would have to someday vacate the shelter with less notice, leaving more animals. She also said BASS shelters over 600 animals per year.

"We are starting to think we are not wanted at the shelter," she said.

One of BASS' causes for concern was the 120-day clause written in the contract which would allow either entity to void the agreement out of convenience with 120 days notice. But Ribitzki said she felt the borough would exercise this at their leisure.

"You don't need 120 days to vacate the BASS shelter, you needed a weekend 'cause you already did it," Ehrenburg said.

Ribitzki said she and the three other members of BASS' board of directors felt that the borough continued to make their mission harder, despite a diffcult economic climate. She blamed the addition of seven towns-worth of animals brought in by Animal Control, and most recently North Caldwell, that were added through shared services agreements over the past 10 years.

"The addition of North Caldwell really put us under," she said.

But when asked if BASS is figuring the costs of sheltering rescue animals transported in from Kentucky and West Virginia into the costs of running the shelter, Ribitzki said BASS actually makes money off the rescues and uses it to offset other operting costs. Councilman Ray Yazdi asked to be provided copies of BASS' financial records which show a breakdown of costs to shelter animals brought in from the seven towns and animals brought in through the rescues.

Mayor Jonathan Dunleavy said he was angered by information Ribitzki put out in the public through this process. Dunleavy said Ribitzki has given the impression that if the borough does not have BASS run the shelter, the borough will operate a kill shelter instead. While the mayor said the borough is only contractually obligated to shelter animals for seven days, the borough would not support a kill shelter.

"We will never, ever become a kill shelter in Bloomingdale," he said.

Kathy Surlak, an employee of BASS, told the council if the borough does not pay BASS, she will be out of a job. But Dunleavy said that is an issue she would have to bring up with her employer. She also said she felt the borough would not be experienced enough to care for the younger kittens that are born at the shelter without the knowledge and expertise that BASS employees have.

Ribitzki said BASS would be seeking the advice of their attorney immediately and hopes the borough would be able to begin negotiating and work out a contract with BASS as soon as possible.