Meeting - Minutes
TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING
Councilmen Atkinson, Dreisbach, Kovacs, Paulus, Woolley; J Jackson
Eaton III, Esquire;
Frederick W. Haye, P. E.; Sandra A Pudliner;
of the Floor:
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:
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
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.
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.
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.
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.
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.
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
this dissertation, Councilman Kovacs commented that he felt the
Township should let the architect do his job.
of Minutes: ------ March
21, 2012 Regular Meeting
I move we waive the reading of the Minutes of the March 21, 2012
Regular Council Meeting and accept same as presented.
Kovacs: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Woolley, Paulus: ------- Aye ---------- Unan
Township Manager advised the Board that citations have been
filed against a property owner on Pennsylvania Avenue for two
separate violations. Mrs. Pudliner noted that she would keep
the Board informed as to the disposition of that matter.
The Township Manager advised the Board that she has provided
them with a copy of correspondence from PPL regarding the Township’s
new application for interconnection of renewable generation
equipment as same relates to the new Municipal Building and
the solar panel installation. Mrs. Pudliner noted that the
item she would bring to the Board’s attention involved
a notation in the letter that “PPL Electric Utilities
will not purchase surplus renewable generation from customers
participating in customer choice and have another generation
supplier.” In that regard, the Township Manager noted
that the Township has reviewed its current contract documents
with the current generation supplier and it appears that contract
will run out in November of this year. The Board discussed
this matter at length. It was noted that the Township Manager
should check both with PPL and the current generation supplier
to determine which would be the better option for the Township.
Township Manager advised the Board that with respect to the
citation of the property owner at the corner of Race and Willowbrook
Road, the Board should be advised that the defendant pled guilty
and paid a fine.
W. Hay, P.E
With respect to the new Municipal Building construction, the
Township Engineer advised that the subcontractor for Bracy
and the design team are still at an impasse. He noted there
had been a conference call on Friday involving the engineers,
designer, subs, etc. and as he understands it the results were
not very hopeful. The Township Engineer indicated that Bracy
has basically responded to the last RFI. Two of the issues
appear to be resolved. Another one of the issues involves Bracy
indicating that they will do what is proposed but will not
be responsible for future damage. Lastly, the structural engineer
for the sub-contractor won’t sign and seal the design
because he says it won’t work. The Township Engineer
indicated it is his understanding that Bracy will be getting
more information back to Kimmel-Bogrette. Councilman Woolley
questioned whether or not there is a problem with the design.
Councilman Woolley also indicated that if the architect was
responsible for the design then they should have known about
the problem. The Township Engineer indicated that in his opinion
the contract documents or specifications appear not to work
in this instance. The Township Attorney noted that after that
letter from Kimmel Bogrette, portions of which Councilman Kovacs
read into the record was received there was an RFI that went
from Bracy to the architect. The architect then responded.
The RFI went from Bracy to the architect and us. We indicated
that it should go directly to the architect. The architect
then came back with these four issues, which were conveyed
to Bracy. Bracy responded verbally and then formal reports
were issued by Bracy to the Township and to the architect.
As of this afternoon, it was up to Kimmel-Bogrette to respond
to these issues. If it can be resolved at this time, then the
project could go forward. The major dispute is the issue where
the professional engineer won’t approve the plans due
to a difference of opinion regarding structural integrity.
Kimmel-Bogrette is saying they have to make the changes. Kimmel-Bogrette
is supposed to respond and I would anticipate by the end of
this week there may be a response and we will find out if we
are still at an impasse. There is an issue as to who will pay,
the architect or Bracy, when it comes to any change orders.
It appears the major issue is who is responsible to design
what is necessary to resolve the dispute.
Kovacs noted that he wanted all email information from Kimmel-Bogrette
or Bracy delivered to Council as soon as same becomes available.
Councilman Atkinson questioned whether or not Kimmel-Bogrette
and Bracy Contracting have insurance for any major errors.
The Township Engineer noted that he felt they had liability
insurance and that Bracy posted a bond for this project. The
Township Engineer also indicated that he felt there was a flaw
in the original design. The Township Attorney noted; that if
this matter cannot be resolved then the Township needs to step
in. The Township would need to sit down with Kimmel-Bogrette
at that point in time. Attorney Eaton noted that his recommendation
is to get Kimmel-Bogrette’s response and if there is
still no agreement between the designers, then the Township
must sit down with Kimmel-Bogrette. Councilman Atkinson questioned
whether the structural engineer of the sub-contractor as well
as the third party engineer brought in by the Township still
have the same position. The Township Engineer indicated that
those individuals are still of the opinion that the current
design is deficient.
another discussion at this point in the meeting. Councilman
Woolley questioned who is responsible in this matter. The Township
Engineer commented that the sub-contractor, Reppert, has been
around for 40 years. Councilman Dreisbach commented that Kimmel
has indicated that he is sticking with his structural engineer.
Councilman Dreisbach also felt that Bracy and Reppert would
move forward even though they may disagree with the architect
but do not want to accept the liability. They are fine if someone
else accepts the liability. The Township Attorney noted that
generally if there is no agreement on the structural design
then he felt you have to go beyond speculation and intervene
and determine the hard facts.
Jackson Eaton, III, Esquire
Township Attorney noted that with respect to the name change
of Catasauqua Lake to Lake Hanover he has been advised that
the USGS Board will vote on April 12, 2012 with respect to
that name change.
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.
Approval to Close Out the Letter of Credit, Airport Centers
(Review & Discussion).
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
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
Kovacs: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Woolley, Paulus: ------- Aye ---------- Unan.
Township Engineer commented that the Township has received
a separate $150,000 Maintenance Letter of Credit for the
Irving St. culvert and swale.
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).
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.
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.
Atkinson: Moved and Seconded
Atkinson, Dreisbach, Kovacs, Woolley, Paulus: ------- Aye ---------- Unan.
of the Floor: None
meeting was adjourned at 8:10 P.M.
Sandra A Pudliner