Ex-Comm'r Wants Extra $32k For Beth Tp Police Carport

A year ago, Bethlehem Township's Board of Commissioners awarded a $139,024 contract for an 18-vehicle carport for the Township police patrol cars. The goal, according to then President Marty Zaworski, was to protect not just the police cars, but the technology inside of them. But a few eyebrows went up when the contract was awarded to Weiss Construction. That's because owner Paul Weiss was himself a Commissioner for eight years before being defeated by Pat Breslin in the 2013 election.

Weiss was the low bidder. His bid was $20,000 below the next highest bid. Bids ranged as high as $299,000. The work was supposed to be finished by August, before the cold weather hit.

It wasn't. According to Solicitor Stanley Margle, who is representing the Township in this matter, Weiss was granted two extensions.

When Weiss started, he hit rock 18' below the surface while drilling for the posts. Instead of stopping work and seeking approval for an extra expense with what is known as a "change order," he continued, and went $32,070 over budget. Of that sum, $27,000 is what is owed to the drilling subcontractor. The rest is profit to Weiss.

On January 19, Weiss submitted his change order, seeking an extra $32,070. But Solicitor Margle advised that nothing in the Township's contract with Weiss requites it to pay anything beyond the original, agreed-upon price. He noted it is common for construction contracts to contain what he calls a "rock clause," entitling a contractor to seek additional compensation  if excavation is difficult. But he noted that there was no such clause in the agreement with Weiss.

"You are not contractually required to accept the change order," he advised Commissioners. "It is entirely discretionary with the Board."

"I'm kind of torn on which way to go," lamented Michael Hudak, who was a staunch Weiss ally during his time in office. Hudak has since recommended Weiss for the Recreation Board, as a liaison at Housenick Park, and just this past January, successfully lobbied Weiss for a seat on the Zoning Hearing Board.

Hudak noted it's hard to fault Weiss for finishing the job, rather than halting and waiting several weeks for approval, during which time costs would add up. "I can see why he moved forward," he said.

Agreeing that a rock clause is typical in construction contracts, Hudak suggested that "Maybe we were remiss" for not including such a clause in the Weiss contract.

Margle immediately rejected that argument, noting that it would be against the Township's interests to insert such a clause to benefit the contractor. He added that he prepared an addendum to the original contract, in which Weiss specifically agreed to be responsible for all excavation costs.

Tom Nolan stated that Township has no obligation, "legally or morally," to pay the change order. Malissa Davis added that, in her experience in the construction industry, change orders are approved before, and not after, the work is done.

Hudak suggested paying just the $27,000, and not the profit being sought by Weiss, but no one jumped on that compromise. Then he said he's like to see the other bids.

Commissioners took no action. Weiss himself was absent.

The Bob Birk Show

Robert Birk

Though he was a no-show at the candidates' night hosted by Republicans on Thursday night, Bethlehem Township Commissioner candidate Bob Birk made a guest appearance at a Township Board meeting on Monday night. He arrived fashionably late, while people were still weighing in on different topics during courtesy of the floor. He was perspiring, which is a tad unusual because he's unemployed. Birk wanted to address the Board, too, but they were already past him on his side of the room. So he popped over to the other side and positioned himself to drop his pearls of wisdom.

When it was his turn, he got and basically told the Board they are doing a lousy job.

Birk, a former Commissioner, has tried three times to get an appointment to Northampton County Council. He, along with Paul Weiss, are running for Marty Zawarski's seat.

Bethlehem Township or Atiyehtown?

Paul Weiss with Peg Ferraro

Earlier this week, The Morning Call reported on colorful developer Abe Atiyeh's attempt to expand his empire into the billboard biz. In an Easton zoning dispute, he produced an agreement of sale for a nearby Palmer Township property to give him standing to challenge a billboard proposed by a competitor. The seller of this property is none other than Marty Zawarski, who just happens to be a Bethlehem Township Commissioner. Atiyeh clearly intends to take over in Bethlehem Township, and Zawarski is one of his puppets.

Bethlehem Township has a five-person Board of Commissioners. In the last municipal race, Atiyeh ran three candidates - his wife, Zawarski and Phil Bernard. His wife failed and Bernard has proved to be more independent than Atiyeh had hoped. But Zawarski is a solid Atiyeh vote.

Let me explain why. Not all that long ago, a developer was pitching a project to township officials.. Zawarski approached the developer and asked if he might be interested in some property his brother was selling in Forks Township. This was totally inappropriate, and certainly created the implication that Zawarski's vote was for sale.

Zawarski, along with other Commissioners, raised concerns over sketch plans submitted by this developer, who decided to pull the project. Atiyeh rewarded Zawarski, a realtor, by giving him several properties to sell for him. never mind that Atiyeh is suing Bethlehem Township, and no Commissioner should have any contact with him.

In this election cycle, Atiyeh is attempting to pack the Board with two more Commissioners. One of them is Attorney Mickey Thompson, who lives in an apartment building owned by Atiyeh and is employed as his COO. Thompson is running against long-time incumbent Michael Hudak, who appears to be safe.

But another incumbent Commissioner, Paul Weiss, has already been rejected by both Democratic and Republican parties. Atiyeh ran and financed two candidates in the primary to take Weiss out, and they succeeded. Weiss, who in my opinion is Bethlehem Township's finest public servant, is reduced to waging a write-in campaign. He's not doing this for himself, but to keep Bethlehem Township from becoming Atiyehtown.

In the meantime, Zawarki is busily grooming himself to be the next President of the Board.

You can see and download his election day handout here.

Paul Weiss: Bethlehem Township is Not For Sale

Weiss: Bethlehem Township Not For Sale

Paul Weiss is running against not one, but two Abe Atiyeh-backed opponents.

A Lighthouse For Bethlehem Township

Last week, I told you that Paul Weiss, President of Bethlehem Township's Board of Commissioners, failed to capture either the Democratic or Republican nominations in the Spring Primary. I failed to tell you that he is one of the finest public servants I know, a person who has put his heart and soul into Township government  for decades. How he lost to a commodities broker from NYC (that's the so-called Democrat) and a born again evangelist with dubious credentials as a resident (Republican) is beyond me.

I know developer Abe Atiyeh is attempting a takeover. The two candidates running against Weiss are his puppets. Abe may very well control four of the Township's five seats in November.

One of my more enlightened readers, who aptly calls himself Lighthouse, provides an excellent analysis.

Laswell's definition of politics goes something like: who has the power/influence to decide who gets what, when, and how. For those who observe local politics it is simple to see (or presume) what Abe is doing, and it is foremost about his bottom line not because "he cares".... he certainly has shown by his actions that he doesn't care about neighbor concerns when the development is his, "big heart" or not (and I have heard non-political people actually speak positively of his generosity).

That said, Abe's proxies are benefiting from timing. At the end of the day, it comes down to the voters who could have easily rebuffed Abe's guys. They didn't. The reason why Commissioner Weiss lost to both Breslin and Russin was not pro-Abe per se, but a frustrated vote for change. While that whole area has been publicly slated for MAJOR development for almost a decade (including the old Forest City Lifestyle Center w/ residential component; as well as what is now called Madison Farms) people in Wagner Farms and Vineyards in particular (who's own housing developments brought groans of too much traffic) have awakened to Madison Farms as if it were something new. I have heard folks from those neighborhoods express genuine concern about it. This is the primary reason Weiss lost, especially without him agressively campaigning and allowing Breslin and Russin to define the election. It is easy to cynically dismiss it as NIMBYism, but the blunt reality is the perception a voter has in the privacy of voting. And if someone can successfully tap into to fear/concern you have a winner.

Secondarily, even though I understand the Twp was the one to pursue prosecution of the MEM shyters, again Weiss' overconfidence in not campaigning seriously allowed Breslin to define that issue. I have the letter he sent to voters claiming to have knocked on 800 homes, and emphasising "that is your money that they lost."

I don't know how much the Church connections you imply played into it. I know that Calvary is the same church that some particularly active Republicans attend. Personally, I don't think this really mattered as most of those concerned about the above two issues could care less. Russin's write in verifies this.

Speaking of Russin's write-in campaign. That should have been assumed the day he was taken off the ballot on a technicality. Only naivete or over-confidence would not have seen that writing on the wall.

Will Weiss wage a real write-in campaign? I hope so. Honestly, I think a vigorous vetting of issues, candidates, and patrons might be healthy for the Township. We'll see if it happens. In the end, the voters may not care in the short run what Abe is blatantly doing. What is the expression? The enemy of my enemy is my friend. Abe, who relishes competing with neighbors about his own developments, now has "nice-guy" frontmen and is the short-term champion against development. Besides, I suspect it gives Abe too much credit, and is insulting to Breslin and Russin (and might as well throw in Thompson), to assume they are not their own men despite their patron.

Regardless of who you vote for Bethlehem Township, you'll get the government you deserve by your votes or your apathy.