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HomeMy Public PortalAbout1996/04/25 The Agenda Meeting of the Mayor and Council of the Borough of Carteret preceding the Regular Meeting May 2, 1996, was held April 25, 1996, 7:00 P.M., Council Office, Municipal Building, 61 Cooke Avenue, Carteret, New Jersey. Mayor Peter J. Sica Councilmember Bialowarczuk " F ailace " Fazekas " Feingold " O'Brien " Semenza Also noted present was Borough Attorney Robert Hedesh. Mailed to he Home News & Tribune, The Star Ledger and posted on the bulletin board on April 19, 1996. April 2, 1996. 1996 Chevrolet Suburban or Equivalent. Council President. -- a) Borough Engineer - He spoke about a major problem they are facing on Hermann Street and about a new manhole and some piping Mayor Sica explained that what had happened was the sewer came down 011 Oakwood and then made it ninety (90) right straight across the street and then went down again. He calls it a 290. We have turbulence and blocked up there. 1 APRIL 25, 1996 AGFNDA MEEfI[«; April 25, 1996 PRE>ENf srA'lHIENl' OF MEEITNG OOl'ICE MINUfES FOR APPROVAL BIDS l'OfiNATIOO TO ADDRESS OOVERNUK; OODY Borough Engineer Re: Hermann Street APRIL 25, 1996 Borough Engineer Continued Mayor Sica said we don't have a normal steady flow so what we have done is we have taken it and yve have diagonally crossed the street on a forty-five (45) so it runs clean. When we have got to where we are going to put the next manhole, because we have to have a manhole every so often, we found that the pipe down there is sunk down. That causes depression that fills up and that restricts the flow. So what we have to do is remove that pipe until we get the inverts where there liJÚng up and get it level again and put good bedding underneath it so that it doesn't do that again. He said when they walked in there was two ladies present from Hermann Street questioning why we stopped it. He started to explain it to them. Councilmember Failace asked if the incoming pipe and the outgoing pipe are at different levels. Mayor Sica said they are. Mr. Parmar said something inaudible. Mayor Sica said we have to continue until we find a level spot. Mr. Parmar said (inaudible) stop the work until we give the okay and a couple of days in the next week (inaudible). Mayor Sica said they talked about it yesterday and he told Parmar to bring it outside and get started on it so we can order the additional pipe that is necessary. Mr. Parmar said sports (inaudible) and the lighting contract (inaudible). He spoke about putting the poles up for the lights. Mayor Sica said in other words we are going to try to get the poles up so we can play some games there under the lights. We were going to go with galvanized poles. The cost was just a little bit higher but we have to put concrete bases on the galvanized poles and they were successful in finding another supplier that can supply us with the concrete poles and they will be delivered on May 6th anyway for $2900.00, but then we don't have to put the concrete base in which is going to save us additional money. We are going to go with the concrete poles but issue a Change Order for $2950.00 for the additional transportation to bring them here verses the other guy. Attorney Hedesh said he can take that resolution that he wrote last week and he didn't know what he was writing in the first place. Mayor Sica told him to write another one. Councilmember Failace asked what the main difference is between the galvanized and the concrete. He questioned if there was any big difference. .-- Mayor Sica said there is no big difference in the pole. 2 APRIL 25, 1996 Councilmember Failace questioned if it was one hundred years to two hundred years or something like that. Borough Engineer, Re: Hermann Street Continued Mayor Sica said yes something like that and then he went on to explain that the concrete poles are a lot heavier but they don't need a base. The galvaruzed poles has to have a base for that to have something to bolt. He said even if you put the galvanized poles in the ground you are going to get rot. Especially if you have electrolysis in the ground or who knows what is in the ground over there. Mr. Parmar said PSE&G are now ready to move the poles and then we can move..... Mayor Sica said we can move those benches out of the way. Mr Parmar mentioned the Main Pump Station (inaudible). Mayor Sica said before we go any further on that, all that dirt we had there was not even enough dirt. He then asked Ted Surick how many loads of sand did the guys take. Someone said that Teddy was outside. Mayor Sica then said they had about twenty (20) more loads of sand plus we took some of the stuff that we are making top soil down at the watemont park and brought it up here because it had all of the stuff mixed in it already. He said that we hope that we have enough of dirt there now. Mr. Pamar said in the main pump station, pump number three (3), which was out of commission, has now been installed completely (inaudible) and (inaudible) position, the cost (inaudible) $6,931.00. Mayor Sica said we put $12,000.00 in that resolution so we still paid $12,000.00 for it. That is just a number. Nobody knows what the thing is going to be until they get the pump out of the thing. We can't pull the pump out of the thing until we apply some kind of money to it, so we applied $12,000.00 for that Emergency Resolution and we got it done for $6,931.00. Mr. Parmar said (inaudible) back we had eight thousand or more from the same..... Councilmember Failace asked if this is the one he was going to have checked out to see if....... Mayor Sica said yes......well that is not .....from the check out we find out that there is a possibility that we didn't grease one of the bearings enough, but that is conjecture at this point, but also on the bottom tellers the bolts came loose and when they came down the (inaudible) started hitting and it threw it off up top there and it bound it up, so this time we'll put lock tight on the bolts and make sure they stay there. APRIL 25, 1996 Borough Engineer Continued Karen Fadem RESOWITOOS REl'ORl'S c;;gnm.mications Parmar spoke inaudibly. Mayor Sica said in other words what used to happen is, the D.OT. gives $150,000.00 to fix some roads. We would have to get the roads fixed and pay the $150,000.00 out of our operating money and wait for them to give us the money. Now as soon as our paperwork is done and we award the contract we will get 75% of the money. So from now on in all of the contracts we will write in there that there will be twenty cent retention so we will be making money on the 75%. He said seriously if you take $100,000.00 and we maintain 20% of the $100,000.00 that is $20,000.00. .~ Mr. Parmar said this year we have $135,000.00 grant. Mayor Sica said we have $135,000.00 so we can make some money on the deal. b) Karen Fadem. Karen Fadem was present and she told the Mayor it was about personnel. Mayor Sica said she has to wait until the end of the meeting when they go into Closed Session if it is personnel. He asked Karen Fadem ifit concerned her. Karen Fadem said yes Directing Issuance of Various Bingo Licenses. Directing Issuance of Various Raffie Licenses. Amendment to 1996 Temporary Budget. Review ofl995 Audit. Directing Issuance of Taxicab License - Eagle Cab Co. Directing Issuance of Taxicab Drivers Licenses - Beck & Lookhart. Approving payment to John Wanskus - $19,783.00. Refund of Sewer and/or Tax Overpayments Opposition to Legislation to Merge Murucipal General Assistance Programs into County Boards of Social Services., Clerk's Office - April 1996. Fire - March 1996. Welfare - March 1996. Carteret Volunteer Fire Co. #2 - Approval of new members, James McKinney, Henry Rokosz and Michael Spolizino. Carteret Volunteer Fire Co.#2 - Resignations in good standing, John Muzyka and Matt Krynski. 4 APRIL 25, 1996 Carteret Air Pollution Commission - Notice of meeting time change from 8:00 P.M. to 7:00 P.M. on the first Monday of each month. Carteret Post Office - Customer Appreciation Day, May 10, 1996, 1l:00 A.M. to 2:00 P.M. MC Division of Solid Waste Mgt. - Public Hearing, May 16,1996,6:30 P.M., New Brunswick, NJ - Re: Amendment to Solid Waste Mgt. Plan. Woodbridge Twp. - Amendment to Land Use & Development Ordinance, Public Hearing, May 7,1996 - Re: Parking of vehicles on lawns. Carteret Air Pollution Cœmission Me Division of Solid Waste Mgt. Woodbridge Twp. Thomas Chapman - Temporary appointment of Building Service Worker expires May 7, 1996. MA'1'l'ffiS RJR DISCUSSIOO Me Dept. of Environnental Heal th Thanas <1Iapnan MATTERS FOR DISCUSSION MC Department of Environmental Health - Notice of Violation, Re: Landfill. Mayor Sica said this will be discussed in a Closed Session. The Clerk asked the Mayor if he wants to retain him. Mayor Sica said yes. The Clerk said to put a resolution on. Mayor Sica said he understands he is doing a good job there. He asked Karen Fadem. Karen Fadem agreed. Robert Kately - Requesting a Closed Session with the Mayor and Council. Robert Kately Attorney Hedesh said he wants to have a Closed Session without anybody else. Mayor Sica said this guy is getting out of hand. What he understands he did yesterday is he went and bought himself a dump truck and brought it down the Borough Garage and decided he is going to work on the dump truck in the Borough Garage, of course on his own time. He can't allow people to work in there like that. He asked Vic about it and Vic told him he just asked him a question and then he left and he didn't know he was working on it. That is some poor excuse. You just can't do these things. If somebody gets hurt....... we have one guy that landed in the hospital now with problems He said he thinks he should bring him up on charges for being down in the Borough Garage working on his personal vehicle. He can get fired for that. c; APRIL 25, 1996 Robert Kately Continued Gloria Goodrich Re: Resolution for Joseph Schiappa Fsq. Attorney Hedesh said needless to say he is requesting a Closed Session. Mayor Sica said he can't do that. Attorney Hedesh said he doesn't know what he wants or care what he wants, but, if it is a personnel matter he better have his union people here and if it is not a union matter or personnel matter than let him come to Public Session like any other citizen. Gloria Goodrich - Requesting resolution for Joseph Schiappa, Esq. not to exceed $5000.00. Fees are for the resolution approving or denying an applicant on the PB & ZB similar to Building Escrow Engineer's Account. In addition, need ordinance setting forth fees for attorney for sub-divisions, site plans and variances. Mayor Sica said he didn't understand that one. Attorney Hedesh told the Mayor that what this was is something that they have discussed for a number of years. He said it is like what we pay the Engineer out of We set the fees and these pay for the applicant. Most towns do it this way. Instead of paying, settling a salary, quote, for the attorney for the Planning Board. Like the Engineer for the Planning Board. They are paid from the fees set. It is paid from their escrow fees as opposed to Borough money and they have brought this up for a number of years. Mayor Sica asked if this is just over and above the retainer that we give him. Then the Mayor commented that he guessed it is......it would have to be. Attorney Hedesh said he assumed that what they are doing is setting the $5000.00 including the retainer in.. Mayor Sica said it can't be the retainer because what it is saying here.....and he inaudibly read something. Then he commented that it meant if we had to go to court it isn't like that. He said there is a lot of things he does on the board that are not just resolutions or . Attorney Hedesh said what he is saying is $5000.00 for the entire year, anything he don't use will be cancelled at the end of the year. He said he is assuming he will try to clarify it. Mayor Sica said to clarify it. Ifit is over and above the $1500.00 we pay him and it comes out of the application, we don't care. That means if somebody is going to sue us he will get his money out of here We have a couple of people now that appeal this thing. Attorney Hedesh said he doesn't think this includes appeals. This is just telling what could come out of the $5000.00. Mayor Sica asked Attorney Hedesh to find out if that is included in it. 6 'f ~;,. Attorney Hedesh said he will look it up. Mayor Sica said if it is that way fine then we don't have to include it in our budget to that way, it is outside the cap. Crum & Forster - Requesting payment of claim, $2310.10 - Advanced Recycling Technology. Attorney Hedesh said he don't know what this is. He has a letter here that says they paid it. Mayor Sica said we took our truck there to dump something. Tony was backing up and he didn't see the door and the door cost $5000.00. Councilmember Semenza said he heard when Tony was backing up one ofthe employees from the place started closing the door and the door came down on top of the truck. Mayor Sica said the problem is that our insurance probably paid it because it is one of those no fault kind of things. Murucipal Garage - 1988 Chevrolet Caprice given to the school board. Need resolution to transfer line. Attorney Hedesh said he needs the VIN number to put on the resolution. Councilmember Failace said last night at the School Board Meeting they mentioned they would give it back to us. An 1985 Escort, or something..... . Mayor Sica said we don't want it back. He has about sixty (60) of them down there. Attorney Hedesh said he told him that question too. Mayor Sica said we don't want it back. Attorney Hedesh said Vic says he wants it back. Mayor Sica said to tell him to take it to over to Mary Street. He told Attorney Hedesh to tell them tomorrow that we do not want it back. Robert Dolan - Carteret Mobile Park. Resolution Approving 1995/1996 License renewal was tabled 4/18/96. Suburban Propane is in the process of having propane tanks removed & should be completed by Friday, April 26, 1996. Mayor Sica said to put it back on as long as we get those tanks moved. The Clerk said he came and talked to her today and gave her a letter. 7 APRIL 25, 1996 Gloria Goodrich Continued Cnm & Forster, Re: Advanced Recycling Technology tb:1icipal Garage, Re: 1988 Otevrolet Caprice Robert Dolan APRIL 25, 1996 Robert Dolan Continued BUSINESS TO BE ADDED Rest Rooms, Re: by Basketball Courts Internet ~ Angelo Valetutto Mayor Sica said he has it right here. Attorney Hedesh said he will talk to Greenberg before he writes the letter to see if we are in code. BUSINESS TO BE ADDED: Councilmember Bialowarczuk said she wants to let the Council know that we will be closing the Rest Rooms by the Basketball Courts in the PBA Building to do repairs. Mr. Kolibas said he would like to close that until we fix it and leave the Hot House open until it is fixed. Mayor Sica said to leave it open until they are back from vacations. Councilmember Fazekas said he wanted to review the fees for the Internet with Attorney Hedesh. Attorney Hedesh asked if everyone had a copy of the agreement with Wanskus. He said on Monday he met with the attorney and Mr. Wanskus and we froze the fees at 3.5 million. We are told we will have the plans in hand by the 22nd. He said that is the agreement and he asked if anyone had a problem with it to let him know now. It is a modification to the contract . He told them they have authorized the Mayor to sign the contract so the Mayor will negotiate those changes in the contract. Actually he thillks he did a good job. Mayor Sica said he said we will save a lot of money. Attorney Hedesh asked for someone to tell him what they are going to do with Angelo Valetutto before we get sued. Mayor Sica said we are not doing anymore work down there. Attorney Hedesh said they didn't have enough votes to pay the bill last week. So right now this watemont park has to stop. He has an existing bill that you didn't let them pay it. Mayor Sica said ifwe don't show some progress from the Waterfront Park we will lose a two (2) million dollar grant. That is what he heard today. Attorney Hedesh questioned why anyone would vote against the bill. As far as he knows from the Tax Office, there is an enabling resolution to pay that bill and he did the work, he is entitled to get paid. Mayor Sica said he has copies of all the specs and plans he submitted to the Wetlands Commission and Armcore Engineers and New Jersey DEP and that is all the meetings he has. As far as he is concerned that project is stopped too. 8 "', Attorney Hedesh said his attorney called him and asked him if he knew why and he told him he would bring it up tonight because he don't know why. Councilmember Semenza asked what was the cause of holding up. What was the problem. Councilmember Failace said he wouldn't know. He didn't hire Valetutto. He didn't think at the time that is what should have been done. Mayor Sica asked him if he didn't think we should do the Watemont Park. Councilmember Failace said when he asked if we could hold up for a week because he knew nothing about him he was told that it was too bad and it was his problem. That is the main reason. He has nothing against the Waterfront Park. He tried to get some information. Mayor Sica asked him who he tried to get information from. Councilmember Failace said they talked about it at the Agenda Meeting the following week and he asked if we could hold up one (I) week because he don't know anything about this guy. He saw the contract we had and he wanted to compare it with what we are doing and he was told we should do what we want. He just wanted to wait a week or two to get some information and that is why he voted against it. Councilmember Semenza asked if there was a deadline we had to go by because he had to go to Trenton. Mayor Sica said that was right. Councilmember Failace said no one said that. Mayor Sica said ever since this Waterfront Project has started there has been numerous meetings in Trenton and he brings them up to everyone present. If you want to go they could go. He commented that he is the only one who goes and argues. He said he brought the model and permits, etc. back and forth. He said they are all welcome to go and see what it takes to do one of these things. If nobody goes he can't help that. He said if anyone wants to come in and talk to him about it they are welcome to. He said there was questions about this bid verses the other bid on the Sports Complex. He asked if anyone looked at the other bids in this bids and saw what the difference was. He commented that he read Councilmember O'Brien's statement in the newspaper that we could do the bids all by themselves. He commented to Councilmember O'Brien that he got that from him. He said the way the paper said is you discovered that we could do the shrubs all by ourselves. Councilmember O'Brien asked why they were included on the specs. n APRIL 25, 1996 Angelo Valetutto Continued APRIL 25, 1996 Angelo Vale!iutJ;o Continued Mayor Sica said they put them in there, you don't have to do it. He commented that it was explained to him twenty (20) times already. He is going to tell you things that are in this bid specs that weren't in the other ones. First, the five (5) bids that came in on the other one. He said if you took the highs and the lows and added them all together and divided them by five the average bid would have been $700,000.00, which is a good nucleus to go by. If you took all these bids and averaged them together, the average bid would be $629,000.00, which again is a good nucleus to go by in the construction business. He then said for the other bid......... Attorney Hedesh said his question is does he tell Valetutto's attorney that he is probably not going to (inaudible) so compared to (inaudible) this guy is legally working. He is working by word from this Council (inaudible) Every day he works he is legally entitled to get paid. So he got (inaudible), if this guy is not going to get paid he is going to stop work. Councilmember Bialowarczuk said it is not their fault. Attorney Hedesh said it is their fault because. Councilmember Bialowarczuk said she voted yesterday. Councilmember Failace told Attorney Hedesh what he don't understand is that the Mayor doesn't vote on this, only the Council voted. Mayor Sica said he could have voted on this the other night, it just slipped by. Attorney Hedesh said the bill has to be approved by two-thirds of the Council. He said four (4) votes approved the bill. Councilmember Failace said the :Council approves putting him on and the Mayor. Attorney Hedesh said all bills are two-thirds of Council That is our Rules of Council. You only need four (4) votes to pass the bills. He asked the Clerk if that was correct. The Clerk agreed. Attorney Hedesh said any bill. He mentioned Shop Rite, the grass outside. Councilmember Failace asked how Shop Rite got paid when Eddie Ziemba voted against it. Attorney Hedesh said because the other five (5) people voted. Two- thirds is the (inaudible) Four out of six. Councilmember Failace said he understood. 10 Attorney Hedesh said if the Mayor votes it is two (2) out of seven (7) that is not two-thirds. ,"II". Councilmember Failace told the Mayor that was basically his problem. He said he got no information on this guy when he asked for it. It is not the Watemont Project. He said he wanted to compare what his contract was, what Wanskus's contract was.......... Mayor Sica said he was on the contract with Wanskus and him together, and he took Wanskus off of it. Councilmember Failace said the Clerk knows that we couldn't find a contract for Wanskus. He was asking all over to make a comparison. Councilmember Semenza said to let him ask questions. He told Councilmember Failace when something comes up like this and it pertains to engineering, constructing and going to Trenton and all that , there is times when you are not going to know and you might be the only one that don't know, maybe there is two (2) that don't know. When John brought up here about his Internet Program. He goes over everything. He asks for money on it.....then he commented this he knows nothing about but he knows he has expertise in it and he doesn't care if he is a Democrat, Hungarian, Polish. It doesn't matter to him. He said he depends on him knowing and he knows he has the expertise on it so he will go with it. He said nobody here that sits on the Council has ever known everything that is going on here and could vote logically on every single item, other than him, so there is a point that sometimes you have to depend on your colleges that sit up here on their expertise. This is nothing to scam taxpayers money. This is something to beautify the town. If there is somebody with expertise you should go along with it. He spoke about this for a while. He said when you sit on the Council, other than appointments to committees that become political, this unit has to function together for the people and you have to depend and trust each other, otherwise it will be a circus. Councilmember Failace said he may be over zealous, he commented that he don't expect to know everything. Councilmember Semenza said that Watemont Project......Angelo Valetutto, that is handling the project. He is an excellent person, one of the best around. We are not going to get some flip-flop to go in and handle a project like this for this type of money that concerns all the residents of Carteret. If anything, it will come back and smack us in the face. There is certain things that come up that you have to put all of politics aside and say we have to do what is right. We have good information on his and he is a good architect or an engineer. We go along with keeping things moving in town. Right now we are going to end up stalemated and projects aren't going to go for the next six (6) to eight (8) months and the town just starts slugging along and before you know it people will start losing interests the day they lose the projects. 11 APRIL 25, 1996 Angelo Valetutto Continued APRIL 25, 1996 SpoEts Building Mayor Sica said going back to the Sports Building. Jack came in and we talked to him about it and he showed him ways we can save money here and the difference between this bid and the last bid is nineteen (19) different pages. The first bid we went out with we tried to get it done in hurry, so we could get this thing done. It didn't work right. We have all kind of crazy bids that should define it better. The first bid was five (5) drawings. This bid was twenty-five (25) drawings. This bid took into consideration everything. The first bid that was bid when it came in ITom four hundred and some thousand to nine hundred and some thousand didn't take into any consideration, the site work Meaning the poles, the electric, the fields and sewer lines we were re- doing. It didn't reflect any of the planting schedule, no scrubs or pavement or parking lot or curbs or sidewalks. No draft toppings on the top of this stuff, no ensile sprinkler. No vertical expansion joints. We added the electrical room and the telephone room so it would be separate, so we would have a room, so everyone will have a different telephone in there. Each group will have a different telephone. They won't have the same telephone because they won't allow that. They don't want that. They separated all the electrical into a room where we don't have to go into somebody elses office to turn on the electric. The first one they are going to do it in this room. We are not doing that. No kitchen equipment. Councilmember Failace commented that there was no kitchen equipment. The Mayor said no. Councilmember Failace then commented something that was inaudible. Mayor Sica told him he could have gone and compared them. Councilmember Failace said he did look at both. Mayor Sica said when it came down to financing he turned it over to you on the School Board He said he is willing to work with him on, but he figures that is what he knows and then he commented that he has told him that he is a Controller or some kind accountant in the company, so who better to put on the Finance Committee but you and when you asked him questions about the budget he was only too glad to help him. He showed him where we could do things later on and he commented that it has come to pass hasn't it. He told him he could have hid it fom you and waited until the last minute and questioned why didn't he do this and call him a dummy, but he didn't do it. He said he could have and he has done it in the past many times. However, because we are now going with an air conditioning system we have to put a boiler in there. All the ducts had to be redesigned. Emergency lights, they added a few doors because the way they wanted to reconfigure it the doors would be smashing into one another. More storage. The first one wasn't all handicapped assessable and when he told the architect that we didn't want just the building to be handicapped assessable, we wanted everything to be handicapped assessable so they had to redo all of that. Mayor Sica said they added and upgraded some of the hardware in the doors. He went on to say the roof on this thing was designed first for a metal roof. He told the architect he wanf~' it designed two ways. They can put the metal roof on it or we could put a shingle roof on it. 1f the metal roof comes in too high or the bids are too high they were going to sit down and talk to whoever is the successful bidder. As it stands now Abbott was the successful bidder. He said we could tell Abbott you are not doing any of the landscaping work. That is out. The metal roof they want to change from a metal roof to a shingle roof and he thinks that will save us about twenty-five and thirty thousand dollars. Councilmember Failace asked if you changed things substantially what does it do to the bid pack. Mayor Sica said it doesn't change anything.. Councilmember Failace asked if someone could have come in and say well they would have bid differently if I knew you weren't putting this group on, or.............. Mayor Sica said everybody bid on the same grounds. Councilmember Failace said so once they get it you can change...... Mayor Sica said you could change anything you want, well not anything, you can't change the building to another place. Attorney Hedesh said you can't the form or substantially change the specs. Councilmember Failace said you are talking about scrubbery, etc. Mayor Sica said shrubbery, curbs, sidewalks, concrete pads and pavements alone under Abbotts numbers. Some numbers are different. He said there is a thing here called General Requirements which cover the guys truck, the trailer, the outhouse he has to put out for the men., tools, etc. This man bid $72,000.00 and Abbott only bid $21,000.00. He said he has to put the same thing there as the $72,000.00. He spoke about different things they could save on in the bids. Councilmember O'Brien asked Mayor Sica if we took all this out and told them our guys would do the work, would we still have to pay them 5% or some percent. Mayor Sica said we make an agreement with them. Councilmember O'Brien asked if that was what they were doing with the top soiL 13 APRIL 25, 1996 Sports Building Continued APRIL 25, 1996 Sports Building Continued Angelo Valetutto Mayor Sica said of course and that is why he explained to him on piece number one the difference is total requirements and general requirements. He said what he will probably come back at us and say, well if we don't do it he had some money in there profit. I take it as a whole thing. We will make an agreement with them, but that doesn't mean we aren't going to have him do these things. He spoke on this for a while. Attorney Hedesh said it is unanticipated that the bid came in and the Land Sale didn't come in. You couldn't do this if you had the funds in shape ahead of time because these changes were not anticipated. You can't anticipate the changes but because you (inaudible) in place you could modify at least 20% because it is an unanticipated change. Mayor Sica said of course. Attorney Hedesh said you could do some other things, you have to jump through some hoops. The rule is if it is under 20%. Even a Change Order, you can't go over 20%, public bid unless you jump through certain hoops and extra certifications and everything else. He will note some of the sewer bids have been over 20% have been done and you will see certain certification language in the resolution. Mayor Sica said he will show you where Abbott loaded his bid up and these are things that we can discuss and during construction of this thing. He spoke on different articles and what different bids came in for them. Councilmember Failace said it didn't seem like we should be paying a percent of an appliance. Mayor Sica said it is not that you are paying a percent of the appliance you are paying a percent of the overall job. The job is to design the line over there to put the stove in. If you put in a half inch line and use a three quarter inch line the stove isn't worth anything. Attorney Hedesh said he has on for Closed Session to discuss this bid. Then he went on to say nobody is giving him an answer on what to tell Valetutto's people. He said they have a resolution and he asked if he should tell them it is a likelihood they are going to get paid is slim to none. Then he suggested that he would tell him that the Council was not telling him why he didn't get paid so he assumes they don't want him to work anymore. Councilmember Semenza asked if we were still under the lock on this. Councilmember Failace said if there is a possibility that it is going to go into Litigation then he would like to talk about it, but Attorney Hedesh told them to go into Closed Session. 14 RESOLUTION #96-123 was introduced by the Mayor and referred to the Council for action. ~"R', Upon MMS&C, by Councilmembers Semenza and O'Brien RESOLUTION #96-123 "RESOLUTION TO GO INTO CLOSED SESSION" was adopted. Upon individual roll call vote, Councilmembers Bialowarczuk, Failace, Fazekas, Feingold, O'Brien and Semenza voted in the affirmative. At approximately 7:50 p.m. a Closed Session was held. At approximately 8:20 p.m., upon MMS&C, by Councilmembers O'Brien and Bialowarczuk and unarumous affirmative vote of the full membership present, the meeting was opened to the public, At approximately 8:21 p.m a motion was made by Councilmember Bialowarczuk to adjourn the meeting and the motion was second by Councilmember O'Brien, so after no further discussion, this meeting was adjourned. Respectfully submitted, ~~y KATHLEEN M BARNEY-" Municipal Clerk KMB/lr ---------------------------------------------------------------------------------- 15 APRIL 25, 1996 RESOUJITOO 1%-123 Closed Session AOOPfED ADJOORNED TO CLOSED SESSIOO OPEN ~SIOO ADJOORNED --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- ---------------------------------------------------------------------