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MINUTES – MENDHAM TOWNSHIP COMMITTEE November 13, 2006 Mayor Krieg called the meeting to order at 7:30 p.m. in
Township Hall, ROLL CALL
Present:
Mayor Krieg, Mr. Pierson, Mr. Schrier, Ms. Florek
Absent:
Mr. Phelan
Also Present: Christopher
Falcon, Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Krieg read the following statement: STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the Observer
Tribune and the Daily Record on January 6 2006; Notice was posted
on the bulletin board in Township Offices and Notice was filed with the Clerk
on January 6, 2006.” APPROVAL OF MINUTES -
October 24, 2006 – Mr. Schrier made a motion to approve these minutes as
written; Ms. Florek seconded the motion. ROLL
CALL – All present voted YES.
OLD BUSINESS 1. Ordinance
27-2006 – Second bond ordinance
providing for the acquisition of real property located at 87 ironia road in
and by the township of mendham, in the county of morris, new jersey,
appropriating $950,000 therefor, including $333,000 expected to be received as
a contribution from the county of morris and authorizing the issuance of
$587,000 bonds or notes of the township to finance part of the cost Upon motion duly made and seconded the meeting was opened to the public.
Mrs. Koste asked if the remaining property would be subdividable and said
the price seems high considering wetlands issues. Patricia Zimmerman, Mayor Krieg explained that the acquisition of this property and the other
parcel in negotiations would provide a connector between India Brook Park, the
No others present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the
public. Ms. Florek made a motion to adopt Ordinance 27-2006; Mr. Pierson seconded the motion.
ROLL CALL – All present voted YES. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public.
Bob Zimmerman, Upon motion duly made and seconded the meeting was closed to the public. NEW BUSINESS 1. Presentation by Historic Preservation Committee. Chairman Ray Nadaskay introduced Olivier Balavoine, Ray Woodhull, Tracey Kinsel and Jane MacNeil, all members of the committee. Mr. Nadaskay presented a comprehensive and informative report centered on historic properties that have been lost to demolition and/or development. Mr. Schrier complimented the HPC, noting especially their diligence in assuring that the bridges in the Township remain historically correct during restoration work. Mayor Krieg suggested that this evening’s presentation should be shared with a greater number than are here this evening. 2. Resolution R2006-136 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, it is deemed appropriate that the Township Committee discuss
the matters hereafter mentioned without the presence of the public in
accordance with the provisions of R.S. 10:412b, being section 7b of the Open
Public Meetings Act.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Matters relating
to:
[x] personnel/Tax Assessor
[x] acquisition of property
[x] contract negotiations
shall be
discussed by the Township Committee without the presence of the public.
It is anticipated that these matters can be disclosed to the public
when further action is taken in connection with the discussion. Mr. Schrier made
a motion to adopt R2006-136; Ms. Florek seconded the motion. ROLL CALL –
All present voted YES. 3.
Resolution R2006-137 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58 WHEREAS, there appears to be insufficient funds in the following 2006 appropriations to meet the demands thereon for the balance of the year: TO: Administration SW Municipal Clerk SW Aid to Volunteer Fire Dept OE Utilities OE Engineering OE Health Benefits OE FICA/Social Security OE Planning Board SW
WHEREAS, there appears to be a surplus in the following 2006 appropriations over and above the demand deemed to be necessary for the balance of the year: FROM: Finance SW Tax Collection SW Utilities OE Legal SW Solid Waste Collection OE
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands. BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers: TO: Administration SW $ 7,000.00 Municipal Clerk SW 1,200.00 Aid to Volunteer Fire Department 6,750.00 Utilities 13,000.00 Engineering 5,500.00 Health Benefits 2,000.00 FICA/Social Security 10,000.00 Planning Board SW 2,000.00 .
Total $47,450.00 FROM: Finance SW 9,100.00 Tax Collection SW 450.00 Utilities 10,000.00 Legal SW 15,000.00 Solid Waste Collection OE 2,000.00 Police and Fire Retirement OE 10,900.00
Total
$47,450.00 A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer. Mr. Pierson made a motion to adopt R2006-137; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 4. Resolution
R2006-138 – to award/reject bids for WHEREAS,
the WHEREAS,
the Township elected to advertise for bids so as to receive bids
alternatively for the separate branches of the work and for all of the work in
a single contract pursuant to N.J.S.A. 40A:11-16; and WHEREAS,
bids were received and publicly opened on November 6, 2006; and WHEREAS,
the identification of the bidders and the amounts bid are set forth in the
attached tabulation of bids prepared by the Township Engineer; and WHEREAS,
the bids have been reviewed for compliance with the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq. and the Bid Documents; and
WHEREAS, the Township Committee makes the following findings:
a.
Single Overall Contract. The
low bid of Mar-Bridge Enterprises, Inc. does not contain a Business
Registration Certificate for subcontractor Allied Fire and Safety Equipment.
The failure to provide this Certificate is a mandatory non waivable
defect pursuant to N.J.S.A. 40A:11-23.2. The
bids of both the apparent low bidder and the second low bidder are in excess
of the Engineer’s Estimate.
b.
General Construction. The
bid of Consolidated Building Corporation is the lowest responsive and
responsible bid.
c.
Structural and Miscellaneous Steel Work.
The low bid of Industrial Services Enterprises, Inc. does not contain a
Business Registration Certificate for the bidder nor for subcontractor Fredon
Welding and Iron Works. Failure to
provide Business Registration Certificates are mandatory non waivable defects
pursuant to N.J.S.A. 40A:11-23.2. The
bid of the apparent second low bidder is in excess of the Engineer’s
Estimate.
d.
Plumbing Work. The low bid
of Monsen Engineering Company contains the following defects:
i.
No Business Registration Certificate for Bidder
ii.
No Business Registration Certificate for Subcontractor Forte Express
P & H
iii.
No Public Works Contractor Registration Act Certificate pursuant to
N.J.S.A. 34:11-56.51
iv.
No NJDPMC Notice of Classification for Plumbing
v.
No certification of ownership of 10% or more of the Bidder by a licensed
Master Plumber pursuant to N.J.S.A. 45:14C-2(h) Failure
to provide Business Registration Certificates, the Public Works Contractor
Registration Act Certificate and the Master Plumber ownership certification are
mandatory non waivable defects. The
bid of the apparent second low bidder and of the remaining bidders are in excess
of the Engineer’s Estimate.
e.
Mechanical (HVAC) Work. The
bid of Envirocon, LLC is the lowest responsive of responsible bid.
f.
Electrical Work. The bid of
Power with Prestige, Inc. is the lowest responsive and responsible bid. NOW
THEREFORE, BE IT RESOLVED, by the Township Committee of the
1.
The Township Committee awards the following contracts for the designated
branch work contracts in the amounts set forth:
a. General
Construction Consolidated
Building Corporation $2,134,300.00
Base Bid
$ 18,000.00
Alt. No. 1
$ 6,000.00
Alt. No. 3A
$ 16,000.00
Alt. No. 5
$2,174,300.00
Total
b. Mechanical
(HVAC) Work
Envirocon, LLC
$
298,385.00
c. Electrical
Work
Power With Prestige, Inc.
$ 249,400.00
2.
The Township Administrator shall retain the bids of the three lowest
bidders for the General Construction, Mechanical (HVAC) Work, and Electrical
Work which shall be released within three days of the execution of contracts and
approval of performance bonds as to the successful bidders.
3.
The Township Committee rejects the bids of Mar-Bridge Enterprises, Inc.
for the reasons hereinbefore stated and Del Sano Contracting Corporation for
being in excess of the Engineer’s Estimate on the Single Overall Contract.
4.
The Township Committee rejects the bids of Industrial Services
Enterprises, Inc. for the reasons hereinbefore stated and of the other bidders
on the Structural and Miscellaneous Steel Work branch contract for being in
excess of the Engineers
Estimate.
5.
The Township Committee rejects the bids of Monsen Engineering Company for
the reasons hereinbefore stated and of the other bidders on the Plumbing Work
branch contract for being in excess of the Engineer’s Estimate.
6.
The Township Committee determines that it is in the best interest of the
Township to rebid the remaining branch work contracts pursuant to N.J.S.A.
40A:11-16 which authorizes separate contracts therefor.
The Township Administrator shall cause the contracts for Structural and
Miscellaneous Steel Work and Plumbing Work to be publicly advertised for bid at
the earliest practicable time in accordance with law.
7.
This Resolution shall take effect immediately.
Mr. Falcon explained that non-waivable defects occurred in several bids necessitating the awarding of the General Construction, Electrical and Mechanical contracts and the rejecting of the Plumbing and Structural bids, which will be rebid. Ms. Florek noted that the funding ordinance provided for funds is in excess of the bids received. Mr. Pierson emphasized the need for a thorough check of references. Len Jacobs, Construction Technology Corporation, reported no negative references about any of the contractors and he supports the resolution to award the contracts. Mr. Mountain indicated that the rebidding process will take place within the next three weeks and they should be prepared to award the Plumbing and Structural contracts at the December 11, 2006 meeting. He said construction should begin in December. Mr. Schrier made a motion to adopt R2006-138; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. 5. Resolution R2006-139 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, proposals were submitted to the Township Administrator for furnishing a Phase I Environmental Site Assessment/Preliminary Assessment in connection with the potential acquisition of property by the Township; and WHEREAS, on the basis of the proposals received, the Township Administrator has recommended that a contract be awarded to PK Environmental; and WHEREAS, the availability of funds for the payment of charges pursuant to the contract hereby awarded has been certified by the Chief Financial Officer of the Township; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1. A contract for a Phase I Environmental Assessment/Preliminary Assessment in the amount of $2,750.00 plus direct costs is hereby awarded to PK Environmental. 2. The Mayor is hereby authorized and directed to execute a Contract between the Township and PK Environmental and the Township Clerk is hereby authorized and directed to attest such contract and to affix the corporate seal thereto, and when so executed and attested the contract shall be a valid and legally binding contract of the Township in accordance with the terms thereof and the proper officials of the Township are hereby authorized and directed to make and perform any and all acts necessary to carry out such contract. 3. A certified copy of this Resolution shall be forwarded by the Township Clerk to PK Environmental. Mr. Pierson made a motion to adopt R2006-139; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 6. Resolution R2006-140 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHER EAS, R2006-119 established dates for hunting from tree stands and it has become necessary to amend those dates to read as follows: q Shotgun deer hunting from tree stands: January 10, 17, 24, 31, 2007 February 7 and 14, 2007 Burnett Brook November 22 and 24, 2006 Meadowood December 4-9 and 13, 14, 15, 2006 India Brook January 10, 13, 17, 20, 24, 27 and 31, 2007 February 7 and 14, 2007 These areas will be closed to the public on the dates listed above. q Bow and Arrow deer hunting from tree stands in Tempe Wick, India Brook, Burnett Brook, Meadowood and Dismal Harmony from September 9, 2006 – November 18, 2006. Cold Hill Preserve will also be open to hunting from September 9, 2006 – February 17, 2007. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the BE IT FURTHER RESOLVED that the Mendham Township Wildlife Management Committee is responsible for scheduling hunters with valid permits in the parks. Mr. Pierson made a motion to adopt R2006-140; Ms. Florek seconded the motion. ROLL CALL – Ms. Florek, Mr. Pierson and Mayor Krieg voted YES. Mr. Schrier voted NO. 7. Raffle Application RA-136 for the Women’s Auxiliary of the Ralston Engine Company was approved. ADMINISTRATOR REPORT No Report OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE
LEGISLATIVE REPORT Mr. Pierson noted correspondence regarding municipal holiday displays, shared services, moving school board elections to the November election and increased public disclosure regarding school budget information. Mr. Schrier pointed out that the State Department of Education will be releasing a report on funding that will point out a savings to taxpayers by moving the budget to the November election. He also said the County will be holding a breakfast on December 6th to discuss shared services. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public.
Patricia Zimmerman, Nick Monahan, Michael Merritt, No others present asked to be heard.
Upon motion duly made and seconded the Committee went into closed session
at 9:03 p.m. The Committee discussed having the office of Tax Assessor filled jointly
with the Borough of Mendham. There
would be an interlocal services agreement, with the employee paid by the Borough
and the Borough billing the Township for 50% of the salary.
The new Tax Assessor will provide 10 hours per week to each of the two
municipalities. The Committee agreed
that this arrangement should be revisited after one year. The Committee discussed the municipal prosecutor position.
The current prosecutor has scheduling issues that prevent him from
attending both daytime court sessions each month.
Mr. Mountain will follow up. Mr. Mountain updated the Committee on discussions regarding the potential
acquisition of property for police headquarters. Mr. Mountain updated the Committee on a proposed agreement with the Upon motion duly made and seconded the Committee returned to open session
at 9:43 p.m. Mr. Schrier made a motion to approve a proposal by SSI in an amount not
to exceed $5200.00 Mr. Pierson seconded the motion.
ROLL CALL – All present voted YES. With no additional matters to come before the Committee, upon motion duly
made and seconded the meeting adjourned at 9:45 p.m. Respectfully submitted: Penny Newell, Township Clerk Attachments: Approved Bill List |
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