Township of Mahwah s4

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, JUNE 23, 2011

The meeting was called to order at 8:03PM by Council President Roth who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 8, 2010 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on June 23, 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

Present: Councilmembers Alderisio, DiGiulio, Jandris, Roth, Spiech, Williams Absent: Councilmember Larson

Also present were Mayor John DaPuzzo, Business Administrator Brian Campion, Township Attorney’s Associate Andrew Fede, and Municipal Clerk Kathrine Coletta.

CERT TRAILER DEDICATION Roth explained that the Council was adjourning and going to the front of the building for a dedication ceremony for the Award of a CERT Utility Trailer to Mahwah CERT Team of New Jersey. The Dedication is in Memory of Jerry DeNigris, a former CERT Team Member. Roth stated the workers did a great job and it is a remarkable piece of equipment

PUBLIC PORTION On a motion by DiGiulio, seconded by Jandris the meeting was opened to the public at 8:19PM. All in favor. Motion carried.

Mr. Bob Deming, Service Manager of Mahwah Ford said he received a letter that a Resolution will be considered this evening for Ramsey Auto Imports for the Police and Fire Contract. Mr. Demini stated he knows there were no bids put in and wondered if the Township would still consider having a conversation with Mahwah Ford for negotiating to still do work with the Township. He stated that Mahwah Ford was contacted after two bid advertisments and then were asked to bring in prices which they did.

Roth said there was a recommendation received by the Township Council, but nothing has been formally decided at this point. Roth said it is on the Agenda to be reviewed this evening and then deferred Mr. Deming’s questions to the Business Administrator.

The Business Administrator explained that the contract was formally advertised twice. On both occasions there were no responses. Generally if a contract is advertised twice and there are no responses the statue allows the Purchasing Department to negotiate and award a contract. After no responses, he said, Administration contacted the Ramsey Auto Group and the Mahwah Ford Group to provide a proposal. Two proposals were Ramsey Auto Group and Mahwah Ford received, and in reviewing them Administration and a Qualified Purchasing Agent made a recommendation to Award the Contract to the Ramsey Auto Group.

Mr. Deming said he never had a conversation with anyone from Administration. He wanted to discuss the wording in the contract and had made several calls saying they would like the opportunity, again, for the contract.

The Business Administrator commented that what happened was that they contacted the Ramsey Auto Group and they came to Administration. Administration told them they were looking for someone to respond to the bid documents which they then gave to them. Several days later they Ramsey Auto Group sent in a completed Proposal. The Business Administrator said Mahwah Ford’s proposal was not disclosed to Ramsey Auto Group.

Roth asked if there are barriers at this point, legal or administrative, to hold negotiations with either party. The Township Attorney’s Associate said there is a recommendation from Administration to take action. Under the Statute, the Council has the authority to accept the negotiated contract by two thirds of affirmative vote or not. Roth asked what happens if the Council decides not to move forward can we have more dialogue with these two parties. The Township Attorney’s Associate said the Council can accept or reject the recommendation, direct Administration to keep going to get a better deal or authorize the bidding all over again.

DiGiulio asked who reviews or negotiates the contracts. The Business Administrator said all bids are done through the Purchasing Agent which is him.

DiGiulio said since it is the police fleet was there any input or conversation with the Police Chief. The Business Administrator answered yes he did discuss this with the Police Department. The Business Administrator stated the Police Department does not agree with Administration’s recommendation.

Spiech asked how Mahwah Ford found out how to submit the information. Mr. Deming said after all the bids were done he called up Denise Storms to see what the next process was there would be. The Business Administrator said if a package is submitted Administration will consider it. Mr. Deming said he is questioning all the years of service Mahwah Ford has done work for the Township and can’t think of a reason why the Township would not choose them. He would like to have had a conversation with Administration.

Roth said this issue will be discussed in another portion of the meeting and he said Mr. Deming is welcome to stay the conversation at that time.

On a motion by Jandris, seconded by Spiech, the meeting was closed to the public at 8:33PM. 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. 2011 Road, Curb and Sidewalk Improvement Program; Request to Award Project- #MTB-11-09 The Township Engineer’s Associate said six bids were received for this project. The low bidder was DLS Contracting. The base bid plus the Alternates A, B and C totals $634,090.00 which is below the Engineer’s estimate of $817,000.00 for the work.

Alderisio asked if Boswell Engineering has worked with the contractor in the past. The Township Engineer’s Associate answered the company is qualified to do the job.

The Business Administrator stated they did not award item Alternate D listed on Boswell Engineering’s letter so they will have $70,000 remaining on the Capital Bond.

Williams asked could the $70,000 remaining be used for the stretch of road from Franklin Turnpike to Island Road. The Township Engineer’s Associate said that thet stretch of road would be more than $70,000.

Alderisio said Armour Road from Airmount Road to Kilmer Road was suppose to be done but has been postponed due to putting the water line in. Alderisio asked if the excess money would be enough to do those roads or would they have to settle first. The Business Administrator explained that we were able, with our own workforce, to do our own connections of the water line at the intersection or Airmount Road and Armour Road. The Business Administrator said they will be coming back to the Council at some point this summer t discuss the funding of the water line in Armour Road.

Spiech asked if the curbing would be done at Veterans’ Park with the money left over from the Road, Curb and Sidewalk Improvement Program. The Township Engineer’s Associate answered yes they will be doing Veterans’ Park.

Jandis asked what work was being done near Airmount Road and Beveridge Road. The Business Administrator said the traffic was being detoured and cut off due to the work being done on Airmount Road .

Jandris asked what preparation is being done for the work to be done on Airmount Road. The Township Engineer’s Associate answered the trenches are being done as the condition of Airmount Road is in a state where it has to be resurfaced.

1b. 2011 Road, Curb and Sidewalk Program; Request for Authorization of Services for Inspection and Construction Management The Township Engineer’s Associate is their proposal does notexceed $91,800.00 and this is to oversee the project he explained previously.

Roth had concerns of what actually is being done as of June 16th as the list on March 14, 2011 does not seem to match. The Township Engineer’s Associate stated the March letter was the proposal to do the design and inspection and the level of work required is the $700,000. the Township has available for construction work. The Township’s Engineer’s Associate said the construction cost is based on how many streets the Township wants done.

1c. Verbal Status Report – June 2011 Veterans’ Park: The Township Engineer’s Associate said there was an issue of a gray tint to the sidewalk. The contractor worked to get it out. The Township Engineer’s Associate stated he inspected the sidewalk today and finds it to be acceptable. Winter Pond: The Township Engineer’s Associate said they are advertising for bids for drudging tomorrow and he anticipates reviewing the bids and having the test results of the settlement on the Council Meeting of July 14, 2011.

DiGiulio questioned if we go to bid and a property owner does not want the drudging what would happen. The Business Administrator answered that the stock pile will be on Municipal property. When we get to the second contract for export and what the access road will be is when the property owners may object . The Township Engineer’s Associate said the property owners will be notified.

Spiech asked if we have money in the Budget for this project. The Business Administrator answered yes a grant was received for $100,000. from Bergen County. Spiech asked if we have permits. The Business Administrator said the permits are good through the fall of 2012, there is a balance in our Capital account and we have funds available in the Municipal Open Space Trust Fund.

Jandris said he would prefer to use the funds available to us versus any surplus funds.

ADMINISTRATION 2a. Negotiated Contract; “ Mahwah Fire and Police Vehicles Repairs and Maintenance Services” The Business Administrator gave a recap of what was said in the Public Session and said there are alternatives other than Administrations recommendations.

Williams said he understands the Township can negotiate. He asked if there are rules of engagement. The Township Attorney’s Associate said the statue is very vague on this and that the Business Administrator explained the method that was followed in the negotiation process.

Williams asked, putting money aside, are unhappy with the service of Mahwah Ford. The Business Administrator said we are not unhappy, but they have been the only bidder in recent years and competition is a good thing. Williams asked how the Ramsey Auto Group compared with Mahwah Ford with prices. The Business Administrator said the way the proposals came back the hourly rate was somewhat lower on the Ramsey Auto Group and most of the other items. Williams feels when dealing with someone for a long time and there is an open negotiation and he is happy with the level of service he would give the existing vendor the right of refusal???. He said if we are allowed to negotiate again he would recommend to negotiate with Mahwah Ford with their prices so the level of service would be the same as we have maintained in the past.

Spiech has concerns that we have set up a system, done our due diligence and have a set of rules that we are to follow. This being said, he feels we are manipulating the system to our advantage and we should go with the recommendation of our Professional Purchasing Agent.

DiGiulio asked if the points made in the Chief’s recommendations are valid. The Mayor said he serviced the Ramsey Police cars for many years and never had a complaint or a problem with using non-OEM parts. He said part of his decision is based on “change is good” and the contract is only for one year and our police cars are changing to Dodge Chargers. Jandris asked if the Mayor was concerned about non-OEM parts. The Mayor said no he is not as long as they are name brand parts.

Williams asked if the specification requires when non-OEM parts are used that they have to use name brand. Mayor DaPuzzo said we could demand that they use a name brand OEM.

The Township Attorney’s Associate said when contracts are negotiated no material changes are to be made to the original specification.

Williams then asked if it would change the price of the bid. The Mayor said he is not sure. Roth asked the Mayor on his experience, if changing OEM parts would be a significant change in cost between parts on a contract.

Roth said due to the issues being raised on the contract, he does not have enough clarity on the specifications that will be used. On that basis, he said, he is not comfortable in making a decision.

DiGiulio agrees with Roth and asked if there have been any problems with Mahwah Ford. She said in reading the Chief’s letter, if there are wrong parts put in a police vehicle could be life threatening. She feels that Mahwah Ford should be given a chance for negotiation.

Spiech asked where the Township is getting their parts from. The Business Administrator said there is an alternative that the Township gets the parts or the vendor does. The Township does have a contract to get parts and they s could be non -OEM. Spiech asked who Administration’s expert was who put the list together. The Business Administrator said when they put together the list of services required it is reviewed with the Police Department.

Roth suggested withdrawing this item from the Agenda. He requested clarity of specifications upon which the proposal was prepared. He feels that both parties have to be given the opportunity if either one of them wants to change their numerical figures in their proposals.

Williams said he feels it is not the Township’s responsibility to worry about the profit and loss of these companies but to get the best deal for our Township. He recommended to Administration to negotiate a lower price. It is up to vendor’s to decide if they will make a profit on what we negotiate and both parties should have the opportunity.

On a motion by Roth, seconded by DiGiulio, a motion was made to withdraw this item from tonight’s discussion for lacking enough information to make a decision: Roll Call Vote: Alderisio, recused; DiGiulio, yes; Jandris, yes; Larson, absent Spiech, no; Williams, yes; Roth, yes.

Spiech asked how they will negotiate. The Business Administrator said they will determine how they will handle this.

2b. Authorization to Award Bid #MTB-11-10: “Township of Mahwah DPW Janitorial Materials and Supplies” The Business Administrator said they had several bidders and there are various items. For the Janitorial supplies have awarded the bid item by item to the lowest bidder. 2c. Authorization to Award Bid #MTB-11-11: “Township of Mahwah Water and Sewer Department Purchase of two (2) 2011 F350 Utility Trucks with Snow Plows or Equal” They received two bids and the low bid was awarded to Route 23 Auto Mall.

Roth asked if the proposals we received on the bid specs of each vehicle were identical. The Business Administration said there was one high bidder that had a question but the low bidder took no exception to this.

Resolution shall be voted on in the Public Meeting.

2d. Renewal; Community Development Block Grant Program Participation; (July 1, 2012 – June 30, 2015) The Business Administrator explained that the Municipality contracts with Bergen County with the Community Development Block Grant Program. We have been in this program for many years and it renews every three years if we want to participate in the program.

2e. Confirmation of Mayor’s Professional Appointments The Business Administrator said we had reorganized on July 1, 2010 with 12 month contracts which are expiring. The Mayor has made appointments for 9 positions and we have his recommendation for Appointments which requires the advice and consent of the Council. He said there will be Professional Service Contracts assuming the appointments are made for approval at the first meeting in July.

Spiech asked it the rates are staying the same. The Business Administrator answered yes they are.

Roth mentioned that on the paperwork Council has on 2e, the first paragraph, second line should read July 1, 2011 and not June 1, 2011.

Resolutions shall be voted on in the Public Meeting.

2f. Amendment; Highlands Council Plan Conformance Grant Agreement The Business Administrator said the Highland Council has made available state funds to support our work that was done with our professionals. He stated we need a Resolution authoring an amended grant agreement for the additional funding.

DiGiulio asked if Administration has heard anything about COAH. The Business Administrator said he has not heard anything and our third round certification was submitted two years ago and COAH is not processing them.

Spiech asked if the number is changed due to the Highlands taking us in. The Business Administrator explained the Highlands regulations developed an obligation which is less than the old COAH number. The formula utilized for thet old COAH number was invalidated by the New Jersey Supreme Court. The Township Attorney’s Associate said the courts keep telling COAH to rewrite the regulations. They rewrite them and then the courts invalidate them. He said the Municipality has no guidance.

Spiech asked if the Highlands has a COAH number. The Business Administrator answered they have a formula for a fair share number and the course our Township has been going has protected us from a potential legislature number while we are under the Highlands

TOWNSHIP COUNCIL AND MUNICIPAL CLERK 3a. Renewal of Liquor Licenses for 2011/12 Term; KKTT Restaurant Corporation and Nissirios Brothers Corporation Resolution shall be voted on in the Public Meeting.

3b. Resolution Affirming Receipt of 2010 Audit Report; Executive Summary and Recommendations have been read Roth stated there will be separate meeting with the Auditor in attendance to review the details of the Audit.

3c. Appointment of Township Auditor Resolution shall be voted on in the Public Meeting.

3d. Resolution in Recognition of Dr. Montesano Retirement Resolution shall be voted on in the Public Meeting.

3e. Resolution; CERT Team’s New Utility Trailer – Dedication Ceremony Resolution shall be voted on in the Public Meeting.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Spiech, seconded by Williams, the Bills and Claims, previously signed, totaling $1,056,873.11 were approved. Roll call vote: Alderisio, yes; DiGiulio, yes; Jandris, yes; Larson, absent; Spiech, yes; Williams, yes; Roth, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES On a motion by Alderisio, seconded by Spiech, the Closed Session Meeting Minutes of April 28, 2011 and the Closed Session Meeting Minutes of May 12, 2011 were approved. Roll call vote: Alderisio, yes; DiGiulio, yes; Jandris, yes; Larson, absent; Spiech, yes; Williams, yes; Roth, yes.

Spiech asked if after a period of time Closed Session Meeting Minutes can be released. The Township Attorney’s Associate said there is no set time limit. He said the State Statute states when all the matters are resolved the minutes are eligible to be released. There could be matters that can never be released.

The Business Administrator said the Clerk’s office goes over all the Closed Session Meeting Minutes periodically and matter that are resolved and over are put in a separate book. REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES Alderisio attended the Housing Commission Meeting and had discussions on some of the houses coming up on 25 years. The question came up about keeping the Township buying them to keep them as affordable units. He said some of them have such bad interiors it would be prohibitive to buy at the value they would be sold and the Township would never get their money back.

Alderisio said one Commission member asked if he could have a picture ID so he did not have to go through the police scanner every time he comes to a meeting.

The Business Administrator said he will work on this and feels they can come up with a solution.

Alderisio said he attended the Library Board Meeting and the final payment was made to pay off the renovation. He said they also discussed the solar panels but he will refer this to Spiech.

Spiech said the Library heard a presentation on having solar panels installed. Spiech said a straw poll was taken of the Board and four members were in favor of going forward with the project. Spiech said the situation is critical if we are going to install panels at the Library. He said the funding runs out for the investor at the end of 2011. Spiech asked if we are going to go forward with with this project..

Mayor DaPuzzo said we are waiting for the proposal and will then discuss it at a Council Meeting.

Mayor DaPuzzo said they had discussed doing an elevated 500 megawatt system out front which would be owned by someone else for 15 years and at the end of the 15 years there would be a buyout. The Township’s savings would be 50% of whatever our bill is now.

To receive matching funds, Spiech mentioned, 5% of the work must be in progress by the end of the year.

Spiech said he believes an $183,000. check was delivered to Administration from the Library.

The Business Administrator said they will try to have everything ready for the second Council meeting in July.

DiGiulio said she attended Dr. Hansraddi’s retirement party. A lot of moms were there and it was really nice to see how the parents are really involved with the teachers and the school system.

DiGiulio said Senator O’Toole’s brother recently passed away and she asked Council if we could send a sympathy card. Roth said yes it would be a good idea to send it from the Council.

Jandris thanked everyone for their support and condolences in the passing of his father. Spiech said he received a call from a resident questioning the pick up of grass and leaves. (CAN’T TELL WHAT SPIECH SAYS) Mayor DaPuzzo said the DPW had stopped in November and started again in May. He said he asked the Director, Mr. Hallissey of the DPW to reinstitute the picking up of leaves and grass as it became a hardship for the Township residents. Mr. Hallissey found a way to do it. Speich asked if we had the budget to cover this why did we stop to begin with. The Business Administrator said the Township reallocated the money to do this as they tried to do “more with less”.

Spiech there is an issue of fracking. He asked if we should send a resolution to the state as the gas is creeping into the water. Roth suggested Spiech putting together a draft for the Township Attorney’s Associate. Roth said the ground water is getting highly contaminated. The Township Attorney’s Associate said he will review this.

Williams said last Friday night he attended the Mahwah High School graduation with several members of the Council. He congratulated all the seniors that graduated and said the Mahwah School System does a great job.

Williams said Paddle Day will be July 12th at Lake Henry. There will be only one Paddle Day this year. If it should rain on July 12th the alternate date will be July 19th.

Williams mentioned that the Senior Picnic will be July 14th at noon at Continental Soldiers Field.

Roth said he attended the High School graduation, especially since his son graduated.

Roth said he had a private tour of the Cert Trailer and the work that was done on this trailer was remarkable. The people that put it together are very talented.

Roth said he attended the Boy Scout Code of Honor for Troop 50. There was a barbeque also and the scouts and the parents should be commended.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR None

MAYOR’S PROCLAMATIONS Mayor DaPuzzo read the following two Proclamations: Scleroderma Awareness Month – June 2011 and National Aphasia Month – June 2011

PUBLIC PORTION On a motion by DiGiulio, seconded by Alderisio, the meeting was opened to the public at 9:51PM. All in favor. Motion carried.

On a motion by DiGiulio, seconded by Alderisio, the meeting was closed to the public at 9:52PM. All in favor. Motion carried.

CONSENT AGENDA Resolutions #155-11, #156-11 and 158-11 through #165-ll were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #157-11 was voted on separately and is attached to and made part of these Meeting Minutes. Resolution #166-11 was voted on separately and is attached to and made part of these Meeting Minutes.

OLD BUSINESS None NEW BUSINESS None

CLOSED SESSION On a motion by Spiech, seconded by Jandris, Council went into Closed Session at 9:55PM for the express purposes of discussing Personnel Extension of Sick Leave All in favor. Motion carried.

On a motion by Spiech, seconded by DiGiulio, Council returned to Open Session at 10: All in favor. Motion carried.

RESOLUTION Resolution #167-11 was voted on separately and is attached to and made part of these Meeting Minutes.

Resolution #168-11 was voted on separately and is attached to and made part of these Meeting Minutes. (CAN’T TELL IF THEY WENT INTO CLOSED SESSION BECAUSE OF THIS OR NOT FROM CD)

On a motion by Spiech, seconded by DiGiulio, Council returned to Closed Session at 10 All in favor. Motion carried.

On a motion by seconded by , Council returned to Open Session at

The Business Admnistrator thanked the Township Attorney’s Associate Andrew Fede for the help he has given the Township.

On a motion by Spiech, seconded by DiGiulio, the meeting was adjourned at 10:21PM

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC/MMC Municipal Clerk