Present: ---- Councilmen Atkinson, Dreisbach, Kovacs, Paulus, Woolley; J Jackson Eaton III, Esquire; Frederick W. Haye, P. E.; Sandra A Pudliner;
-------------------- Vicky Roth

Absent: ---- 0

Attendance: ---- 3

Courtesy of the Floor:

Councilman Kovacs advised the Board that he would like to take this opportunity to read excerpts from email communication by the Township’s architect for the new building construction sent to the Township Manager and the Chairman of Council. In particular, Councilman Kovacs read the following:

1.) The Problem: While this is all Bracy’s responsibility, they subcontract the metal stud system to a 3rd party. Bracy’s responsibility is to get a QUALIFIED subcontractor to see to it that they do the proper engineering (and work in the field) to sign off on the engineering submittals and to submit to us a compliant system that meets their obligations under the contract. They have failed to date in all three regards as follows:

a.) The subcontractor has repeatedly demonstrated either a lack of competence/qualification to deal with a project of this type or an outright refusal (for reasons we can only speculate at including possibly underbidding the job) to meet their obligations. This is demonstrated first by their refusal to engineer the system. Second, when later forced to engineer it, they submitted incorrect and incomplete engineering submittals. Finally, when the first two strategies failed, they came up with “phantom claims” that the system cannot be engineered and does not work. This is flatly untrue.

b.) Bracy failed in their duties because they let the subcontractor take control of the situation. In addition, Bracy repeatedly signed off on faulty submittals and incomplete engineering. All of which has extended the time to get this resolved for no good reason.

c.) Finally, they have had improper communications with Township staff and representatives with erroneous claims of faulty design on the part of the Structural Engineer rather than follow the chain of communication clearly laid out in the contract.

2.) Why? I can only speculate here, but all actions by the subcontractor and contractor appear to lead to 2 conclusions, which they hope to result: GET MORE MONEY AND MORE TIME from you and Hanover Township. Again I speculate.

3.) As your design representative, our ONLY interest in this is to ensure that you get what you paid for and that the project stands long after we are all gone from this earth. We have no financial or other motive in our dealings with the contractors. To think that we would somehow try to hide shoddy design only to have a real issue later is beyond imagination.

4.) I respectfully request that you enforce the chain of communication for your own sake. We serve the Board and the Township, and regularly insulate you all from this kind of craziness. To waste money and time on a third party engineer who does not even have the proper documentation to give a complete opinion is a shame and totally unnecessary. To do so without even communicating to us that you have a concern is unprecedented in my 20 plus year career.

After completing this dissertation, Councilman Kovacs commented that he felt the Township should let the architect do his job.

Approval of Minutes: ------ March 21, 2012 Regular Meeting

Unfinished Business:

There was a brief discussion with respect to the T-Mobile facility in Hanover Township ceasing business in the Township as of the middle of this year. Their departure will cause a drop in revenues, in particular, with respect to the Local Services Tax.

New Business:

1.) Approval to Close Out the Letter of Credit, Airport Centers (Review & Discussion).

The Township Engineer advised the Board that this matter is before them in accordance with the agreements, in particular, the Five Party Agreement which states that Council must vote to close out the original Letter of Credit for Airport Centers. The Township will maintain Maintenance Bond monies. There was :

Motion: --- I move that Council approve closing out the Letter of Credit for Airport Centers Development in accordance with the Five Party Agreement involving Airport Associates, L.P. and that the Township maintain the 15% maintenance security for the term indicated:

Atkinson, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Woolley, Paulus: ------- Aye ---------- Unan.

The Township Engineer commented that the Township has received a separate $150,000 Maintenance Letter of Credit for the Irving St. culvert and swale.

2.) Resolution No. 2012-35, A Resolution Adopting Procedures for the Purchase or Provision of Professional Services, Including Investment, Legal, Actuarial and Other Consulting Services to Comply with the Professional Services Contract Provisions of Act 44 of 2009 (Vote).

The Township Attorney noted that the Township Manager had asked him to look into this matter. As part of the current audit, the Township was advised that Act 44 of 2009 requires us to establish procedures to engage professionals for certain services for the pension plan. Attorney Eaton noted that he spoke to the auditor today and that the Township doesn’t fall into the category where there would be problems. However, there are portions of the Act referencing how to engage such professional personnel, which all municipalities must adopt with no exception. Accordingly, Resolution No. 2012-35 is before the Board at this time. In resolution of this matter, the Board made the following Motion.

Motion: --- I move that Resolution No. 2012-35, A Resolution Adopting Procedures for the Purchase or Provision of Professional Services, Including Investment, Legal, Actuarial and Other Consulting Services to Comply with the Professional Services Contract Provisions of Act 44 of 2009 be adopted as presented.

Dreisbach, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Woolley, Paulus: ------- Aye ---------- Unan.

Courtesy of the Floor: None

Adjournment:

The meeting was adjourned at 8:10 P.M.

Respectfully submitted,

Sandra A Pudliner
Township Manager

Return to Top