No-Bid Contracts, DEP Fines, and the Sewage Bid: What the Council Didn’t Explain
Laura's Notes on the 07/15/2025 Berkeley Heights Town Council Meeting
Laura Kapuscinski
Following the storm that rocked our world, the Berkeley Heights Town Council met virtually on Tuesday, July 15.
The meeting featured the usual theatrical monologues, with Councilwoman Poage and Town Administrator Liza Viana noting they were on vacation and a cruise, respectively. Viana remarked that she always seems to be away during major storms and that her biggest struggle was finding good WiFi.
Response to Storm
The Mayor urged residents to check on elderly neighbors, help with cleanup, and consider making a meal for someone affected. She praised first responders and briefly acknowledged the deaths and devastation in neighboring towns.
The only council member to directly address the devastation in nearby communities was Councilman Machado, who urged residents to support the Plainfield Area Humane Society, which was severely impacted by the storm.
Bulk storm pickup is scheduled for July 26 and will be available town-wide, without the need for registration. Residents were asked to only place “storm-related” debris at the curb, though no enforcement details or definitions were provided.
Sewage Plant
The Mayor expressed disappointment in New Jersey American Water’s (NJAW) bid response, confirming that it was deemed non-responsive for failing to meet the Township’s capital improvement expectations. But what those expectations are remains unclear.
Prior to this meeting, the Township has repeatedly cited a $60 million estimate for needed upgrades to the wastewater plant, but it has never released an itemized list supporting that figure. NJ21st has sent multiple emails requesting that documentation since May 2025 and received no response. An OPRA request was submitted on July 16.
The Township has also not responded to our prior email inquiries regarding increases in sewage connection fees, including a NJ21st’s June 24 email asking for clarification on behalf of a community member.
The Mayor also mentioned the upcoming implementation of new “technology” to help adjust sewer rates. While that term was mentioned in passing, no information was provided on the costs, oversight, or vendor. The issue was floated, then disappeared — with no further explanation on who will pay for it or how much it will cost. If residents are expected to foot the bill, they should at minimum be given full access to the details behind the $60 million estimate — and to real evidence that the Township is seeking cost savings through competitive bidding rather than repeatedly invoking professional services exemptions.
Given NJAW’s rejection and the likelihood of higher sewer bills, it would be helpful — and appropriate — for the Township to show how it arrived at the $60 million figure in the first place.
During the meeting, a resident asked for access to the sewage bid documents, which had been removed from the Township website. The Township did not respond. NJ21st attempted to provide the documents directly to the resident in real time but whoever was monitoring the chat did not acknowledge our message. For public access, the full Request for Bids (RFB) and Addenda are available here.
The question remains: Did the Township truly reject the bid on principle, or were the numbers it circulated — including the $60 million estimate — inflated and unacceptable to NJAW?
We’re glad the sale didn’t go through. But residents are not convinced the reasons given by the Mayor tell the full story. A detailed breakdown of the $60 million figure would go a long way toward clearing up the confusion.
DEP Settlement
The Township also approved a settlement with the NJ Department of Environmental Protection (DEP) related to past compliance issues at the sewer plant. A resident questioned why permit fees were being used to pay the DEP settlement, but a clear answer was not provided. This echoes past reporting by NJ21st about the lack of transparency around how Uniform Construction Code (UCC) fees are handled.
NJ21st (John) also asked why the Township — rather than vendor DeBlock — is covering the DEP settlement. The Administrator indicated that pursuing the vendor is something the Township may explore.
No Bid Contracts & Political Donors
A resident (Sai Akiri) and NJ21st also questioned the Township’s frequent use of no-bid contracts — particularly with engineering firm Neglia — and why competitive bidding is so rarely pursued. The Mayor replied that, in her opinion, it’s better to stick with a firm that knows the town.
But Neglia is already the Township Engineer — that baseline knowledge is part of their existing contract.
The Town Administrator said that pursuing competitive bids is too costly, but this explanation continues to raise concerns — especially as some of these vendors are also major political donors. Do the costs of a competitive bid process really far outweigh the consistent use of no bid contracts to a company also employed by the town that's donated hundreds of thousands of dollars to political campaigns?
Township Publishes Article That Lacks Attribution
After the meeting, the Township published an article on its local media outlet attempting to cast the sewer bid decision as being in the best interest of residents. The article was not attached to a name. This has raised questions about whether the Township’s public relations firm is now managing communications — or whether elected officials no longer wish to attach their names to their positions.
NJ21st filed an OPRA request asking for correspondence surrounding the article to determine it’s source as we feel communication from Township officials should be attributed.
Throughout this entire meeting it was residents who asked questions and brought up concerns as council members remained largely silent on agenda items except to share an occasional note of support for whatever the Mayor or Town Administrator stated.
Editors Note: While NJ21st allows for confidentially sourced articles it does so under strict conditions and never applies it to public officials speaking in an official capacity.