TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, DECEMBER 1, 2011
The meeting was called to order at 8:00PM by Council President Roth who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on June 24, 2011 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on December 1, 2011 at 8:00PM.
Notice of this meeting is posted on the Municipal Bulletin Board. The minutes of this meeting shall be available in the Municipal Clerk’s Office.
Salute to the Flag.
MOMENT OF SILENCE FOR VETERANS AND THOSE SERVING IN THE MILITARY
Moment of Silence was observed for those who served and are serving in the military.
Present: Councilmembers Alderisio, DiGiulio, Jandris, Roth, Spiech, Williams
Absent: Councilmember Larson
Also present were Business Administrator Brian Campion, Township Attorney John Conte, Jr., Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach, Principal Construction Manager Luigi Zecchin and Deputy Municipal Clerk Jan Fox.
PUBLIC PORTION
On a motion by Spiech, seconded by Jandris, the meeting was opened to the public at 8:05PM. All in favor. Motion carried.
Mrs. Brenda Calandrillo of 631 Blue Ridge Lane said she would like to know the rationale of the “one day a week” garbage pick up. She said she does not think enough thought was put into the multi-family or condominium buildings. Mrs. Calandrillo said when there is an overflow of garbage it has to be stored somewhere and looks awful with bags sitting outside. She said also, when you drive through the Township, on garbage day, you see bags all over and it is a mess. She further stated that this is especially a hardship for many seniors.
Roth gave some background on this issue and stated the one day pick up was recommended by Administration. He said the reason for a one day pick up was financial, trying to save money in the budget.
Mrs. Calandrillo asked how much was saved. Roth answered approximately $65,000 per year.
Township of Mahwah Combined Work Session and Public Meeting Minutes
December 1, 2011
Mrs. Calandrillo said she hopes Administration and Council could fine tune this service when the budget comes to Council. She said she feels there must be someplace in the budget to bring back the garbage pick up to twice per week.
On a motion by Spiech, seconded by DiGiulio, the meeting was closed to the public at 8:12PM. All in favor. Motion carried.
WORK SESSION
SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to confer with Administration prior to the Public Meeting.
ENGINEERING (Boswell-McClave)
1a. Boswell McClave Engineering; Authorization for Professional Services; Rock Ridge Road Detention Basin Agreement
The Township Engineer’s Associate stated this item has been removed from the
Agenda as the funding is not available at this time.
Roth asked that it should be clarified who has the responsibility for this detention basin
before this issued is reviewed again and the Council goes forward with it. The Township
Attorney stated he had some background on this and will speak to the Township
Engineer’s Associate before the next Council Meeting.
1b. Written Status Report – December 2011
MA-1280 - Winter’s Pond Dredging: The Township Engineer’s Associate said the
contractors should be done by next week and they are on target. They have moved
the majority of the stockpiled material out of the pond and will start reseeding.
Alderisio asked if the individuals wanting the fill are still removing it. The
Township Engineer’s Associate answered there has been about 18,000 cubic yards
excavated out of the pond. He said the contractor took away about 4,000 cubic
yards and the remaining material will be placed in an area along the west side of the
pond until other contractors come to take it.
Spiech asked what amount will be left for contractors to take. The Township
Engineer’s Associate answered 13,000 cubic yards are remaining.
MA-786 - Young World Day School: The Township Engineer’s Associate said he is
trying to coordinate a meeting with the County Engineer to come out and speed rate
the curve. He said the County Engineer has a list of all of our projects.
MA -1236: Franklin Turnpike and Bellgrove Drive Intersection: DiGiulio said she
knows the County has said there is no need for a light at this intersection. She said
since there is money put away by the Crossroads for road improvements, could the
lighting issue in the area be revisited and also the traffic on Route 202 be
reevaluated.
Township of Mahwah Combined Work Session and Public Meeting Minutes
December 1, 2011
DiGiulio said she has concerns about the Bellgrove Drive intersection and feels the
way Franklin Turnpike may develop it may be a good idea to plan how we will use
money.
Alderisio said this is a County road so why should the Township spend their money.
The Township Engineer’s Associate agreed and gave an overview of what he gave
the County and had asked them to analyze. He said the county said it does not
warrant a signal but he is going to look at this issue more closely.
Alderisio asked if there is any progress on the bridge on Forest Road. The
Township Engineer’s Associate said it should be completed mid-December.
Spiech suggested that when the Planning Board hires a Traffic Consultant perhaps
they can ensure that Franklin Turnpike is also reviewed.
The Township Engineer stated they have followed up on the Campgaw Road and
Seminary Drive issue. He said he has spoken to the Assistant County Engineer who
is very receptive to putting in stop signs or putting them in as a Pilot Program at the
County’s expense. The Township Engineer stated they will follow up with Accident
Data Report and will get back to the Council with answers.
TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Written Progress Report – December, 2011
The Township Utility Engineer said the only active job they are working on now is the Ford Well Field Project. He passed out and highlighted some items on a Status of Project paper that Mr. Zecchine prepared. The Township Utility Engineer said they received from the contractor the formal time extension of 100 days. He stated that that would carry the Contractor from the original substantial completion date of December 13, 2011 to mid-March with final completion date being mid April, 2012.
The Township Utility Engineer stated that due to provisions of the contract they can impose liquidated damages as well as special damages based on lack of compliance. He said they are withholding funds, in anticipation of liquidated damages. They have increased the retainer of 2% due to liquidated damages, to accommodate the potential of already pre-withholding liquidated and special damages. The Township Utility Engineer said he forwarded to Administration, a breakdown of additional items that are part of the project not anticipated.
Mr. Zecchine gave an overview of items completed in November, scheduled items for December and currently what is remaining and delayed. He also listed the contract items. He said the contractor is continuing to work late and on Saturdays as they are three months behind schedule. The next Project Meeting will be December 2, 2011.
Roth said he was disappointed and upset. He said he took the time to meet with the Township Utility Engineer and was very clear what the Council’s expectations were. He said in July they had expected to close the gap within a few weeks. He said they
Township of Mahwah Combined Work Session and Public Meeting Minutes
December 1, 2011
used up 58% of services and 42% of Budget. He mentioned in September the Council was told that we were at $78,000 of the budget. Roth said, he felt at that time, we would be $78,000 over budget. In October, the Township Utility Engineer came back and projected the overage would be $46,000. In November, he said, they were 72 % of Budget and now 89% of budget with a 78% overage. Roth commented that he needs to know where the accountability is as the problem is still going on and the project is not being managed properly. Spiech reiterated Roth’s statement and that the Council has been very clear on the information they have wanted.
The Township Utility Engineer apologized and said they do not control the contractor. He said they administer the contractor not manage them and they do try to move things along. Roth asked who is managing the contractor. The Township Utility Engineer said Mr. Zecchine does.
DiGiulio suggested bringing the contractor before the Council to find out what went wrong. The Business Administrator said they are planning to have a meeting next week with the contractor to see what his timeline will be. He said the Council has control of withholding monies and the contractor will not get paid in full.
Williams said he feels the only concern the Council should have is who pays the $78,000.
Roth said there are a lot issues into play.
ADMINISTRATION
3a. Designation of Tax Lien Redemption Account Signators
The Business Administrator said this Resolution authorizes the Mayor to sign checks for the Tax Lien Redemption Account.
Resolution shall be voted on in the Public Meeting.
3b. Payroll Check Signatures
The Business Administrator said this Resolution authorizes the Mayor to sign payroll checks.
Resolution shall be voted on in the Public Meeting
3c. Authorization to Award Bid #MTB11-23: Township of Mahwah Municipal
Building HVAC Repairs & Maintenance Service
The Business Administrator said one bid was received and it was the contractor we presently have. It will be a 2 to 5% increase over the current year.
Williams asked what this will based on. The Business Administrator answered the proposal the contractor submitted. Williams said he has concerns about a 5% increase in this economic atmosphere. He asked if there was any other recourse to receive a bid without a 5% increase. The Business Administrator commented that if they should go out for bid again it probably will be the same results.
Township of Mahwah Combined Work Session and Public Meeting Minutes
December 1, 2011
Spiech questioned the timeline and said it could be a real problem if there should be a need for repairs and there is no contract. Roth agreed with Spiech and has the same concerns..
Jandris agreed with Williams on the increase and suggested going out for a re-bid.
Alderisio asked what the dollar amount was on the contract. The Business Administrator said it would be increasing approximately $180.00 per quarter.
Roth suggested a Straw Poll Vote. A Straw Poll Vote was taken whether to go out for re-bidding: Alderisio, yes; DiGiulio, yes; Jandris, yes; Larson, absent; Spiech, yes; Williams, yes; Roth, yes. Resolution will not be voted on and is removed from the Agenda. Resolution will be voted on in Public Meeting to reject the bid and go out for re-bidding.
3d. Special Item of Revenue and Appropriation – Chapter 159; Drive Sober or Get Pulled Over – 2011
The Business Administrator said the Township has been awarded $5,000 from the
State.
Resolution shall be voted on in the Public Meeting.
3e. Transfer of Appropriations; December
Resolution shall be voted on in the Public Meeting.
3f. Authorization of Mayor and Municipal Clerk to Execute Deed of Conservation Easement on Green Acres; Block 8, Lots 7, 8 and 9
The Business Administrator said this is a reimbursement payment to the
Municipality for the acquisition of open space.
Resolution shall be voted on in the Public Meeting.
3g. Authorization to Execute 2012 Drug and Alcohol Testing (CDL Program) Agreement between Township and Valley Health System
Resolution shall be voted on in the Public Meeting.
3h. Maser Consulting; Highlands Plan Conformance Discussion
Planner Joseph J. Layton was present with Project Planner Darlene Jay. The Planner presented a background on the pros and cons of opting into the Highlands for the Planning Area. The Planner mentioned the latest correspondence was on October 21, 2011 to Mayor DaPuzzo from the Highlands Council with updates new exhibits and CD’s.
Township of Mahwah Combined Work Session and Public Meeting Minutes
December 1, 2011
The Project Planner explained that the Township has been awarded $129,000 in grant monies to implement the Highlands documents and create a plan. Furthermore, she said the Township may receive additional funding as it progresses through Plan Conformance.
Roth mentioned that we are coming up to a timeline. Spiech asked the Council if they want to opt in.
The Planner said that the Township and the Highlands have a lot of the same goals and values and the housing obligation has been decreased although he does not know what number or ration will be for COAH.
Alderisio said a decision should not be made this evening as everything should be reviewed.
DiGiulio said she had concerns about the people who had properties in the areas. The Business Administrator said the area is Preservation zone, west of Route 202 already and in the Preservation Area there is no choice they are already in the Highlands area.
DiGiulio said she had concerns on the Master Plan and where does the Township stand on being reviewed in December by the Planning Board. The Planner stated the two plans are consistent.