Township of Mahwah, NJ
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The meeting was called to order at 8:00PM by Council President Kelly who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on October 28, 2005 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Wednesday, November 9, 2005 at 8:00PM.

Notice of this meeting is posted on the Township Bulletin Board. The minutes of this meeting shall be available in the Municipal Clerk’s Office.

Salute to the Flag

Present: Councilmembers Alderisio, Calandrillo, DiGiulio at 8:05PM, Kelly, Paton, Richter and Roth.

Also present were Mayor Richard J. Martel at 8:26PM, Business Administrator Brian Campion at 8:05PM, Township Attorney Terry Paul Bottinelli, Township Attorney’s Associate Nilufer DeScherer, Police Chief James Batelli and Municipal Clerk Kathrine Coletta.

On a motion by Calandrillo, seconded by Alderisio, the meeting was opened to the public at 8:04PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue questioned the need for the project. Mr. Kidd recalled from a prior meeting there were repairs that should have been made and the money was used elsewhere. Mr. Kidd is concerned about a tax increase. Mr. Kidd pointed out several projects which the Township started and complications were encountered.

On a motion by Calandrillo, seconded by Roth, the meeting was closed to the public at 8:07PM. All in favor. Motion carried.

Roth questioned the letter from the Prosecutor. The Business Administrator responded a request was made for $200,000. Roth feel with the cost changes in the Line Items the Contingency Fund has doubled.

Roth questioned who manages the services of the Clerk of the Works. The Business Administrator answered the Architect coordinates the Clerk of the Works and the Clerk of the Works reports to Administration.

Special Meeting Minutes
November 9, 2005
Page 2

Roth questioned the Phasing Fees. Roth pointed out a discrepancy between the Business Administrator’s Memorandum and Mr. Goldstein’s figure. The Business Administrator answered the figure in his memorandum should be changed to $5,500. He further suggested Council wait until Mr. Goldstein is present to ask him questions.

Richter expressed concern on the overall fee being charged by the architect. She feels 10% is high figure and would like to see the amount lower.

Mr. Goldstein was present at 8:30PM.

Richter questioned the $8,000. for the Designer. She asked the Police Chief is he is comfortable with the figure. The Police Chief answered he is looking to the architect on this item as the firm has extensive experience in police buildings. The Chief stated he feels the money will be well spent.

Calandrillo asked if a Space Needs Survey was done by the architect.

Paton questioned what is and is not included in the project. He pointed out he requested this information and has not received it.

Paton requested a recap of the project.

Mr. Goldstein pointed out he appeared before the Township Council 26 months ago. Mr. Goldstein said he is willing to make a fixed fee provided the work is started in a responsible amount of time.

Mr. Goldstein stated the Clerk of the Works is not included in his fee as the Clerk of the Works works for the Township. Mr. Goldstein said only the construction fees are included in his proposal.

Roth questioned the fixed fee. Mr. Goldstein stated the fee is that which was quoted in his September 19, 2005 letter.

Roth questioned if it is possible to have the document signed by November 30, 2005. Mr. Goldstein interjected he would give the Township until mid-December to sign the document. The Business Administrator explained a Professional Services Agreement will be needed, which could be on the 1st meeting is December. Funding for the construction costs would be in place in early 2006.

Special Meeting Minutes
November 9, 2005
Page 3

Mr. Goldstein clarified a Change Order resulting from this firm’s work does not change the fee the Township pays. However, if a Change Order is a result of the building, etc. the Township pays an additional fee to his firm. Mr. Goldstein does not anticipate a change of more work for his contract.

Roth questioned the license of the plans to the Township. Mr. Goldstein pointed out the language was agreed to on July 2, 2004 in Item #9.

Calandrillo questioned who makes the determination if the Contractor needs to be watched more closely. Mr. Goldstein answered this is covered in the General Conditions clause of the contract.

Kelly questioned how often Job Meetings will be held. Mr. Goldstein answered Job Meetings are done every 2 weeks.

Paton asked who is the Project Manager – the person responsible for the project. Mr. Goldstein answered he is. Mr. Goldstein clarified he is the person who signs and seals the architect’s drawings. Communications between the Contractor and the Owner go through the Architect. The Clerk of the Works is the eyes and ears for the Township.

Kelly requested a list of Optional Services. Mr. Goldstein pointed out this is listed on Page 3 of his September 17, 2005 letter.

Calandrillo made a motion, seconded by Richter, to remove $8,000. for the Designer and the Geotechnical and Phasing Plan costs will remain the same.

Richter stated she is not happy with the percentage to the Architect.

Roth asked for a delineation of costs without them being rounded.

DiGiulio agrees with Roth.

Alderisio feels the project is over $2 million. He is against removing the $8,000. for the Designer.

Kelly asked the Mayor for his comments. The Mayor responded he supports the motion of the Council.

Calandrillo made a motion, seconded by Richter, to remove $8,000. for the Designer Fees and the Fee Summary on Page 3 of the September 19, 2005 letter from The
Special Meeting Minutes
November 9, 2005
Page 4

Goldstein Partnership shall remain. Roll call vote: Alderisio, yes; Calandrillo, no; DiGiulio, yes; Paton, no; Richter, no; Roth, no; Kelly, yes. Motion fails.

Mr. Goldstein stated he feels there has already been movement on his part from the previous contract. He also feels he has held his fee for more than one year.

Calandrillo made a motion, seconded by Richter, should the Architect agree to 9% Council would proceed with the contract. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, yes; Roth, yes; Kelly, yes. Motion carried.

Mr. Goldstein clarified 5 or 6 firms are also part of his team. The 10% amount has also been told to the other members of the team. Some of the firms asked for larger amounts and were told the fee was 10%. Mr. Goldstein does not feel he can go back to those firms and ask for a reduced fee. Mr. Goldstein further stated he cannot work for the 9% fee. He is willing to do the job for $200,000.

On a motion by Alderisio, seconded by DiGiulio, Council shall accept the flat fee of $200,000. to be paid to the architect for the job. Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, no; Richter, no; Roth, yes; Kelly, yes. Motion carried.

The Business Administrator suggested the Professional Services Resolution and the Final Form of the Agreement be prepared for discussion at the December 1, 2005 Work Session Meeting.

On a motion by Paton, seconded by Calandrillo, the meeting was adjourned at 10:26PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC
Municipal Clerk

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