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HomeMy Public PortalAbout1997/02/24 A Special Meeting of the Mayor and Council of the Borough ofCarteret was called to order by Mayor Peter J. Sica on Monday, February 24, 1997 at 7:00 P.M., Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Upon individual roll call vote, the following were noted present: Councilmember Deborah Bialowarczuk " John P. DuPont " James F ailace " Jack Fazekas " William Feingold " Stanley Gutowski Also noted present was Borough Attorney Craig J. Coughlin. Mailed to The Home News & Tribune, The Star Ledger and posted on the bulletin board on February 21, 1997. To discuss the Library Project and any other business that may come before the Council and to adopt a resolution to go into Closed Session to discuss personnel matters and litigation. 1 Mayor Sica said the reason why this meeting was called is to discuss the library. It was brought to his attention by the Borough Engineer that Mr. Wanskus is not living up to his end of the deal There is no way that he has done any work on the library since the last time he was here. He keeps saying he needs more money and he can't do anything because nobody wants to work for him. He has Engineers that are willing to do the work for him but they want money. He said he thinks they procrastinated enough with Mr. Wanskus. The last time he was here we made the agreement with him that if he had everything by March 15 th than we would entertain giving him more money. He assured us at that time that he has no problem with meeting that March 15th deadline. Well, he hasn't started one bit of it yet. He thinks they should take the contract from him. Let him do what he has to do legally. If he wants to do anything legally. In the interim, he spoke with the Engineer that originally worked with Mr. Wanskus on the project, Mr. Saperstein. Mr. Saperstein has proposed to take over the contract and complete it ,vithin four weeks and has given us a certain dollar amount that he would need to do the job. He thinks that's where they should go. Right now, at the present time, with the money they have paid Mr. Wanskus and the work we have rrom him, we're in the (inaudible) We can get the job completed and if it comes in under the money, that's Mr. Wanskus' loss and if it comes in over the money, than we will sue Mr. Wanskus. FEBRUARY 24, 1997· SPECIAL MEETING ROLL CALL STATEMENT OF MEETING NOTICE PURPOSE DISCUSSION Library Project FEBRUARY 24, 1997 Mayor Sica said nowhere near $2.8 Million Dollars. He said, rrom day one, we'll put this much money in there so we will have a number to work with. Library Project Con' t. Councilmember DuPont asked the Mayor how much did he think it would be? Mayor Sica said he was basing it on about $100.00 per square foot. Councilmember DuPont said the Mayor said when they hired the architect, we were going to build a $3.5 Million Dollar Library. Mayor Sica said $3.5. Not counting the Sports Complex or any of that stuff Not counting the land cost. Take that out of there. $3.5 Million. We bonded for $3.5 Million just to get started. Councilmember Failace said if it's $140.00 per square foot, if it comes in the middles, we're going to spend $6,000,000.00 for the library? That's (inaudible) Mayor Sica said so let's not build one. Councilmember Failace said no, he thinks they should do something. Mayor Sica said if you want to build something decent then you have to be prepared to pay for that. Everybody knew from day one that the $3.5 Million was not going to cover everything. Especially land costs and all the rest of that stuff. It was a starting point to get started. As he just said, let the architect finish the drawings and then we go out to bid it and we can eliminate whatever we don't want in there. Or scale it down, but if you scale it down it's not going to be what is needed. Councilmember DuPont said he was a resident when this first passed and he thought that it was a $2.8 million library. Mayor Sica asked him if he thought he could build a 23,000 sq. ft library for..., Come on John, you're an Engineer. Councilmember DuPont said he thought they could build a $2.8 Million Dollar library for Carteret. Mayor Sica said okay, let's eliminate the Senior Citizen Center, than we could build a $2.8 Million Dollar Library. We could eliminate the money made in interest and use it in this year's budget. We could do that too. Councilmember DuPont said they have to determine if they can afford a $6 Million Dollar Library. 3 Mayor Sica said what we have to determine here is to get these plans done. Get it bid and see what we can eliminate if we don't want to spend that amount of money. It could come in conceivably at $110.00 per sq. ft. It could corne in at $160.00 a sq. ft., but until you get that number and determine what they can change, like they did on the Sport's building. FEßRUARY 24, 1997 Library Project Con' c. Councilmember Failace said after the meeting the other night, he met with John DuPont, Jack Fazekas and Mr. Wanskus to find out where we are. Mayor Sica said we are no where. Councilmember Failace said the Mayor is right. We are where we were a month and a half ago. Mayor Sica said his synopsis ofthe whole thing, fortunately, because of how it was run from day one, when he first found that there were some problems, he is not saying that all the problems were Mr. Wanskus' problems, but a lot of the problems that weren't his, he caused. He caused his own problems by listening to people when he was told to design us a library to the specifications and plans that we wanted and approved and he kept going on making change after change. He said they were there the other night and saw the problems Mr. Wanskus has. He thinks what they should do is pass a resolution voiding Mr. Wanskus' contract and giving the contract to Sapertstein to finish the project in four weeks. Councilmember Failace said after talking to him.....he tried to get some numbers rrom him and he kept saying "I didn't have to do it" when we know it's in his contract that he has to do cost estimate. He never gave us a cost estimate. He told us that it was anywhere between $130.00 to $150.00 per square foot. He asked the Borough Engineer if that was right. Borough Engineer Parmar agreed. Councilmember Failace said Mr. Parmar said the building was probably closer to $14000 a square foot. He said he put the numbers together and he wants the Mayor to look at it because this is what scares him. He thinks this is what he found to be a real problem He called up Parmar to verify all the numbers today. The Library is 20,000 sq. ft., the Mezzanine is 3,000 sq.ft., the Senior Center is 16,500 sq. ft. Borough Engineer Parmar said the Senior Center is 15,000 sq. ft. Councilmember Failace said the Clock Tower is 400 sq.ft. The Clock Tower and Mezzanine are a lot less than (inaudible). We bonded for $2.8 Million and spent about $600,000 already. We paid $110,000 for the land. That leaves us $2,200,000.00. Even if it's at $130 per square foot, we still have to come up with another $3,000,000.00 How are we going to do that? Mayor Sica said we bonded to build a library and a Senior Complex. We said at that time we would put this much money in it. If we need more, we're going to get more. Based on what we are going to get.... .if you want a mezzanine and the Library Board wants a mezzanine, if you want a Clock Tower and the Library Board wants a Clock Tower, they want this and that. AU these changes cost a lot of money. Not that the $3.5 million for the Senior Citizen and Sports Complex, it was only a ballpark number that we were going to use. The same thing holds true then. We designed this thing. We can conceivably come in at a lot less. After we get the bids in, by eliminating certain things At that point in time, you then decide what you don't want. Councilmcmber DuPont asked what was the original idea of the budget. Wh~.t were they thinking about? FEBRUARY 24, 1997 Councilmember Failace said they wanted to do something. Library Project Con' t. Mayor Sica said they still want to make changes and we are not going to allow it. Private bathrooms, mezzanines, spiral staircases...... We put a stop to all ofthat. The only way he was successful in putting a stop to it was to stop payment. Again, as he said, what we have to do is get a completed set of drawings, cost estimate specifications, then at that point in time, there are certain things we may be able to eliminate to make it cheaper, like the bell tower. That alone is 400 ft. It's going to cost more than $140.00 a foot to put that up. Because this is some silly thing that is sticking up in the air. He is not saying they are going to eliminate that. He is saying let's get the bid in and see what we got, because it is time that we built something that we can be proud of We can very easily go out and buy Butler Building for 20,000 sq.ft. and get it for $56,000.00 and put the books on the cement floor, if that's what we want. He doesn't think that's what we want. Councilmember Fazekas asked if we could do it in phases? Mayor Sica said most definitely, but we cannot do it phases until we get the completed drawings and the bids in. We can turn around and say we are not going to do the library for another year, or we're going to do the Senior Citizen's building first. Or we're not going to do the Senior's Building for another year and we are going to do the library first. Each building is independent of one another. Councilmember Fazekas said with what the architect did now, whatever he has now, do we feel confident with what he has provided us with? Mayor Sica said we got more than our monies worth. Councilmember DuPont asked if they wanted to go out to bid with the architectural plans though? Mayor Sica said no, you can't go out to bid with the architectural plans because there were changes that have to be incorporated with the engineer's plans. Borough Engineer Parmar said (inaudible) architectural drawings have to be done and Wanskus is refusing to do. If they listen to the tape he has of the other meeting, they will know beyond any doubt that (inaudible) Mayor Sica said he talked to Mr. Saperstein today. He will complete whatever is necessary with his architect, with him as the engineer and have a completed set of drawings for us ready for bid in four weeks. He thinks that's the position we should take. Then when we get the completed set of drawings and the cost estimate, if at that point in time we want to eliminate something and than go out to bid, we eliminate it at that point of time. His advice is to go out and bid it and then cut. He asked Mr. Saperstein if he was correct. Mr. Saperstein said yes. 5 Mayor Sica said then decide what you can or can't use. Like we did with the Sports Building. FEBRUARY 24, 1997 Library Project Can't. RESOLUTION #97-71+ Closed Session Adopted Adjourned Into Closed Session tlEETING OPENED Borough Engineer Parmar asked Mr. Saperstein ifhe would be giving them a full estimate also, ,vithin that four weeks? Mr. Saperstein asked on what? Construction? Borough Engineer Palmar said yes. Mr. Saperstein said yes, an estimate on something within reason. Borough Engineer Parmar said John Wanskus totally refused and said he wasn't supposed to give him that. Mayor Sica said we don't care what Mr. Wanskus said. That has nothing to do with it. We are here today to take the contract away rrom Mr. Wanskus and give it to someone like Mr. Saperstein, who is familiar with the project. Get it completed. Let Mr. Wanskus go where he has to go and we'll go where we have to go and he thinks right then and there we will save money. A considerable amount of money. Ifit comes in at 3, 4 or 5 million, whatever it comes in at, that's what we have to look at. Do we want this bell tower. Councilmember DuPont asked if we could ask them how much those plans were worth, let's say $5,000.00 (inaudible) Borough Engineer Parmar was (inaudible) Mayor Sica said they are talking about legal things again. RESOLUTION #97-74 was introduced by the Mayor and referred to the Council for action. Upon MMS&C, by Councilmembers Fazekas and DuPont RESOLUTION #97-74 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. At approximately 7:20 P.M., the meeting was adjourned into Closed Session. Upon MMS&C, by Council members Gutowski and Bialowarczuk and unanimous affirmative vote of the full Council present, at approximately 7:40 P.M., the meeting was opened. 6 Mayor Sica said they will put on a Resolution to terminate Mr. Wanksus contract, thirty days rrom today. No work to proceed rrom now until then according to the terms of the contract. RESOLUTION #97-75 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Bialowarczuk RESOLUTION #97-75 "TERMINATING CONTRACT BETWEEN BOROUGH OF CARTERET AND JOHN W ANSKUS - LIBRARY ARCHITECT" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Mayor Sica said this is a resolution hiring Mr. Saperstein, not to exceed $30,000.00 and advance him $15,000.00 to complete the work. RESOLUTION #97-76 was introduced by the Mayor and was referred to the Council for action. Upon MMS&C, by Councilmembers Gutowski and Failace RESOLUTION #97-76 "AWARD OF PROFESSIONAL SERVICES - APPOINTING HAROLD SAPERSTEIN ENGINEER FOR LIBRARY PROJECT" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, DuPont, Failace, Fazekas, Feingold and Gutowski voted in the affirmative. Upon MMS&C, by Councilmembers Failace and Gutowski and unanimous affirmative vote of the full Council present, there being no further discussion or business, the meeting was adjourned at approximately 7:45 P.M. 7 , ~ K THLEENM. B~~ ~ r ..... Municipal Clerk FEBRUARY 24, 1997 J.Wanskus RESOLUTION #97-75 Terminating J. ·Wanskus - Library Project Adopted H. Saperstein RESOLUTION #97-76 Award of Professional Services - Appointing H. Saperstein Engineer for Library Project Adopted ADJOURNED FEBRUARY 24, 1997 SPECIAL ~1EEIING - 8 SEQUENCE QF EVENTS ON LmRARY DRAWINGS BY BOROUGH ENGINEER P.PARMAR 5/20/96 Punch list on drawings by Construction Official 5/22/96 Received first set of drawings. 6/4/96 Meeting with Architect and Construction Official reviewing drawings. 6/6/96 Borough Engineer's letter to Architect - Drawing Comments. 6/12/96 Library Director's letter regarding this drawing set. 6/14/96 Borough Engineer's Punch list on drawings. 6/17/96 Architect released revised floor plan to Ms. Goodrich. 6/17/96 Architect reply to Borough Engineer - Refusing respond to punch list. 6/19/96 Borough Engineer's reply. 7/8/96 Library Director's recommended changes. 8/27/96 Architect promise to submit drawings on next Tuesday. 8/2996 Borough Engineer's report to Council Agenda Meeting. 9/12/96 Borough Engineer's report to Council Agenda Meeting 10/25/96 Architect submitted two sets to Construction Official. 10/30/96 Architect submitted two signed sets to Construction Official. 11/5/96 Architect's Engineer rejected the submitted architectural drawings. 11/14/96 Borough Engineer's report to the Council Agenda Meeting. 11/25/96 Meeting with Architect, his Engineer and Construction Official. 11/26/96 Borough Engineer's report to the Council. 12/3/96 Architect's Engineer's letter with minutes of meeting on 11/25/96. 9 12/9/96 Second meeting with Architect, His Engineer and Construction Official FEBRUARY 24, 1997 FEBRUARY 24, 1997 CONTINUED: 12/1 0/96 12/12/96 1/7/97 1/17/97 1/21/96 6/15/93 9/21/95 2/14/96 4/9/96 5/1 0/96 5/15/96 5/16/96 5/30/96 Architect's Engineer's letter with minutes of meeting on 12/9/96. Borough Engineer's report to the Council. Received revised architectural drawings. Meeting with Architect, his Engineer and Construction Official. The proceedings are on audio tape. Special Meeting with Council and Architect and his lawyer and received another architectural drawing set. SEOUENCE OF EVENTS ON ARCHITECT PAYMENT ON LIBRARY PROJECT BY BOROUGH ENGINEER P. PARMAR First invoice for $40,000. Council Resolution #95-215 Approved by all. Second Invoice for $73,163.82. Council Resolution #95-299 Approved by four. O'Brien - Abstained. Ziemba - No. Architect submitted invoice for $99,974.35. Borough Engineer reviewed and recommended $14,783.00 Subsequently revised to $19,783.00. NO ACTION. Architect submitted invoice for $84,364.00. Later revised for $88,864.00. Borough Engineer forwarded invoice to Accounts Payable as per Borough Attorney's direction - without reviewing. Third invoice approved by Council for $88,364.00. Council Resolution #96-143. Approved by all. Borough Engineer reviewed this invoice for $64,283.18. 10 SEQUENCE QF EVENTS IN GENERAL ON THE LmRARY PROJECT BY BOROUGH ENGINEER P. PARMAR 4/10/95 Work awarded Recreational Facility - Resolution #95-138 4/24/95 Agreement made. 6/15/95 First invoice for $40,000.00 Resolution #95-215 9/21/95 Award of Library Project - Resolution #95-299 9/21/95 Approval of 2nd invoice $73,163.82 Resolution #95-303 9/27/95 Project put under Borough Engineer. 11/27/95 Received first time break down of Architect's fees. Also first time received by fax, agreement Architect submitted. 11/29/95 Engineer A.J.V. correspondence of disagreement with Architect. 2/14/96 Architect submitted Invoice #9535-4 for $99,974.35. 4/9/96 Invoice 9535-4 reviewed by Engineer for $14,783.00 Subsequently corrected for $19,783.00. ($5,000.00 for work on water front) (No Action) 4/11/96 Architect fired his assistants and Engineer. 5/96 Architect confirmed hiring Engineer again. 5/11/96 Architect fee revised for a fixed amount for $260,000.00 Resolution #96-143 5/20/96 Punch list on Architect Drawings by Construction Official and Code Inspectors. 5/22/96 Architect submitted drawing set for the first time 6/6/96 Borough Engineer's letters for Architect to review Engineer's comments on drawings. (No Response) 6/14/96 Borough Engineer's Punch list on Architect Drawings sent to Architect. 6/17/96 Architect's rude letter and total refusal to attend to Engineer's Punch List on the basis that Engineer cannot review Architect Drawings. 6/19/96 Borough Engineer's reply to Architect on the above. 11 5/10/96 Architect submitted Invoice #9535-6 for $84,364.00 and later revised to $88,864.00 FEBRUARY 24, 1997 FEBRUARY 24, 1997 CONTINUED: 5/15/96 5/16/96 5/18/96 5/30/96 6/6/96 6/12/96 6/17/96 Architect above invoice forwarded to Accounts Payable Department as per Borough Attorney's instructions without review. Payment for $88,864.00 approved unanimously by the Council Resolution #96-143. Architect submits Invoice #9535-6 directly to Borough Attorney and Purchasing Department. Borough Engineer's review of invoice 9535-6 for $64,28318 Check given to Architect on his signing required documents. Letter from Library Director about problem in the floor plan of the Library. Architect reply to Library Director 12