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

Absent: ------------------ 0

Attendance: ---------- 8

Courtesy of the Floor:

Mr. Bernard Nauroth of 2049 Troxell Street appeared before the Board and opened the discussion relative to the recent flooding situation as a result of the excessive rain which caused damage to properties in the rear of the Valley Plaza Shopping Center. Mr. Nauroth noted that he lived directly behind Jiffy Lube in the shopping center and that it was his understanding that one of the pumps in the shopping center’s pump station was not working. Mr. Nauroth noted that all four houses in that area had flooding as a result of water coming up over the gutter and coming down the bank causing everything to flood into their basements. Mr. Nauroth indicated there are three sinkholes on one property and another property also had a sinkhole as a direct result of this flooding. He noted that the owner of the Japanese Restaurant in the Shopping Center told him that one of the pumps was not working.

The Township Engineer commented that the shopping center’s pump station is located in the parking lot. Water is pumped from the detention pond located in the rear of the shopping center out to Catasauqua Road. It was noted that there is a grate in the shopping center parking lot in the area of Mr. Nauroth’s house. Chairman Paulus who was on the scene at the time indicated that he stood at that grate and in his opinion it was dead, and that was approximately 2:00 P.M. in the afternoon. Chairman Paulus also noted that he had been told that the pumps were not turned on until 11:00 A.M. The Township Engineer commented that he had viewed the situation at 9:00 A.M. and noted at that time that the pond was full. The Township Engineer commented that it was his opinion that the pumps were suppose to be on automatic. The Township Engineer also advised that back in 1998 the pump station was not operative and the owner was forced to expend over $50,000 to repair the pump station. The Township Engineer noted that if the electricity is not connected the pumps will not go on and he had been informed that the pumps were not turned on until 11:00 A.M. which was too late. The Township’s solicitor commented that if their stormwater system was not working properly the shopping center may be legally responsible to the neighbors for the damages to their property. Mr. Nauroth questioned if the Township could be of some assistance to the residents in this matter. The Township Attorney advised all in attendance that the Township has rights and the property owners have rights. Attorney Eaton advised the Township can look at the plan approved and there are some fines the Township can levy. As far as recovering for the resident’s individual damages. Attorney Eaton stated that would be up to the property owners themselves. Certainly, Attorney Eaton stated that if a record can be made by the Township that the facilities are not in conformity with the plan filed, he felt that it would increase the resident’s ability to be successful in any litigation. One of the residents in attendance questioned whether it would be better to sue individually or as a group. The Township Attorney felt that it would be better to get an attorney to represent all of the affected property owners.

There was discussion with respect to the Township beginning an investigation to determine the exact circumstances that occurred. Councilman Dreisbach felt it was important to determine when the pumps were turned on. The Township Engineer and Township Attorney felt that could be determined by talking to the store owners in the shopping center. Councilman Kovacs commented that if a lawsuit is filed, he was of the opinion that the shopping center would want to do something to alleviate this problem from happening again. Mr. Nauroth noted it is the same four houses that were flooded out previously before the new pump station facilities were put in place.

Joan Nauroth, 2049 Troxell Street, commented that all the debris from the shopping center came into their house. Chairman Paulus noted that if not for the curb in place at the rear of the shopping center, the stores would have been flooded also. Additionally, if there had been a higher berm in the rear of the shopping center, then all the water would have been deflected to the shopping center and flooded their own property rather than the residents’ property. Chairman Paulus noted that if it were his house he would want a damn built up and that he might even build his own. Councilman Atkinson felt the way to proceed was first to investigate to see what the system was suppose to do. We need to determine if it is automatic or nonautomatic. Then Councilman Atkinson noted we have to determine what the system actually did. As a result of discussions, the Township Engineer noted there is a three phase lead off of Catasauqua Rd. Councilman Atkinson felt that the Township might be able to find out from the power company when the system was turned on. The Township Engineer did not know if that was feasible. Chairman Paulus commented he felt it is a bad system. If the Township’s pump stations malfunction, the phone system alerts the Public Works Department and backup generators are in place.

Caroline Nauroth of 2055 Troxell Street noted that she has sinkhole insurance and that by way of subrogation; they can go after the shopping center. Bernard Nauroth noted that all of his paneling in his basement and all the insulation and the new powder room they had installed have all been ruined as a result of this flooding. Mr. Nauroth also noted that they were routing all the traffic behind the shopping center and that every time vehicles went through, a wave of water would sweep over the bank and into the residential properties. Eleanore Woytusik of 2043 Troxell Street indicated that she has three sinkholes on her property, one right next to the house. She noted that her coverage would not pay for the damages and that this was considered a flood. She questioned the Board as to what their next step would be. Chairman Paulus noted that he felt that they should secure the services of an attorney as a group. On the Township’s side, the Township Engineer will do his study. Councilwoman Hayden noted that what the Township finds will be reported back to the residents. The Township Attorney commented that the group should speak with an attorney as soon as possible. Photographs may be required. In the interim, the Township will look into the matter and report back. The Township Attorney thought it is very important to speak to an attorney earlier rather than later. Councilman Kovacs questioned whether or not you could only purchase flood insurance if you are in a flood plain. Eleanore Woytusik noted that she had asked about flood insurance and was told it is not available in her community. The Township Engineer commented that she should ask them to put that in writing. He noted that he had been informed of that by the Federal Government and that he felt they simply don’t want to sell that type of insurance to you. Caroline Nauroth questioned when the new owner acquired the property. The Township responded that they believed it was over the last six months. Councilman Atkinson commented that there is a possibility that this resulted from either a mechanical or a human problem. The Township Engineer noted that possibly the new owner did not know about the potential problem. The Township Engineer indicated that a pump station is just like a machine and it must be maintained. Prior owner had the same maintenance guy for many years and that gentleman maintained the pump station. The new owner, however, did not engage the services of the maintenance man and utilizes his own maintenance services. The Township Engineer noted that the pump station has triple relay resets and possibly it just did not come back and it would have been overwhelmed. Mr. Nauroth noted that at 10:30 in the morning water started coming into his yard and about 12:30 P.M. it started coming into his basement and didn’t stop until 9:00 P.M.

Maryann McGonigle of 2033 Troxell Street advised the Board that she drove by the shopping center at 2:30 in the afternoon. The Ollie’s facility was blocking everything and they were pushing cars out. At that point, water was running over Mr. Nauroth’s yard and was just stagnant. The water then goes to the Woytusik property and then comes over to mine. Mrs. McGonigle noted that they will see a lawyer, but they would appreciate anything the Township could do to help them.

At this point in the meeting, there were questions as to what type of lawyer to engage and the Township Attorney felt that the residents should engage a lawyer who does litigation work. He advised them to speak to a lawyer and that it would be best to deal with the situation as a group. He felt sure that an initial consultation could take place without any cost. He also noted that a person should be designated as a representative for the group. Caroline Nauroth questioned whether or not this could be handled on a contingency base and the Township Attorney felt that most of them do take this type of work on a contingency. Mrs. Nauroth questioned the Township Attorney as to any names he could provide with respect to lawyers and the Township Attorney noted that he could give her a list of names or that she could contact the Bar Association since they have a list. Mrs. Woytusik questioned whether they could use the lawyer they used for closing on the purchase of their house and the Township Attorney thought that would be acceptable.

Bernard Nauroth, Jr. of 2055 Troxell Street questioned the lawyer about the Carmike pond which drains into that system. The Township Engineer noted that the Carmike pond outlet was there before Carmike was built. He further noted that it still goes in but is released at a slow volume. The Township Engineer further commented that the pump station has to be running as soon as there is water in the pond. He noted that there is a lot of head pressure and if the pump station is not working it will back up. The Township Attorney advised that the first thing to do is to find out what responsibilities the shopping center has and what violations of the ordinance took place and make them correct them. Then he noted you look further to find out what additional adjustments need to be made. Councilman Dreisbach commented that he felt the shopping center maintenance crew should have been there. The Township Attorney again reiterated that first the Township must determine what is required and what is on their plans. Bernard Nauroth, Jr. noted that he talked to the Township’s Fire Chief and inquired if there was any way he could pump out the parking lot and that he had indicated he could not. Chairman Paulus commented that he had nothing that could handle that volume. Chairman Paulus further noted that if the basement flooding becomes threatening the residents should call 911 and the fire company would come out and pump the basement. Eleanore Woytusik questioned if the Township knew of anyone to contact with respect to the sinkhole on her property. Chairman Paulus advised she should call the Public Works Director and he could give her a list of contractors. It was noted that the Township Engineer would get in touch with Mr. Roy Danner, the former maintenance representative for the shopping center who had attempted to get the pump station operating on the day of this occurrence. Councilman Atkinson questioned who the group would like to have contact the Township Engineer and it was noted that Bernard Nauroth, Jr. would be the contact.

Approval of Minutes: ------ October 5, 2005 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the October 5, 2005 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised that the Board has received a copy of the correspondence from the City of Allentown as same relates to their position with respect to the American Parkway Interchange.

2. The Township Manager advised that the Board has been provided with a copy of the notice of the Zoning Hearing relative to the variance request of Airport Centers. The hearing will be held on Wednesday, October 26, 2005 at 7:00 P.M.

The Township Manager was requested to check with the Township Building Inspector to determine the status of violations set forth in his report.

2. Frederick W. Hay, P.E.
Township Engineer

With respect to the repaving of Willowbrook Road, the Township Engineer noted that there are still some problems with PPL and Verizon to work out. He further advised the Board that the contractor approached him and asked whether or not it would be possible to do Willowbrook Road this year and Marcon Blvd. next year. The contractor would hold the price for the Marcon Blvd. repaving project. However, the Township Engineer felt that the Willowbrook Project is important and should be done this year. Councilman Dreisbach questioned if they were only moving five poles. The Township Engineer noted that they only need to move some poles and that the problem now is Verizon getting in there. The Township Engineer further noted that by delaying the Marcon Blvd. project to next Spring you will probably get a better job. Council agreed.

The Township Engineer and Council entered in discussion with respect to the elimination of Pump Station No. 6. Council determined that this matter will be discussed when they are doing the Budget. Councilman Atkinson questioned the Township Engineer as to what the cable installation is along the radius of Postal Rd. The Township Engineer noted that the airport needs a second power feed and that is the reason for the work and that the work is being accomplished by boring under Postal Rd. .

3. J. Jackson Eaton, III, Esquire
Township Attorney

The Township Attorney advised that he had nothing to report at this time, but would request a brief executive session after the meeting regarding a legal matter.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officers' Report (Written).

7. Treasurer's Report (Written)

Motion: --- I move we accept the computer printouts dated October 19, 2005, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

8. Building Inspector's Report (Written)

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Report, written Code Enforcement Officers’ Reports, and written Building Inspector’s Report and same were noted for the record.

There was a discussion regarding the status of the Memorial at Canal Park. The Township Manager advised that everything is basically in place but that the Township will not put the fountain in place until the Spring. There was a discussion with respect to the Building Inspector’s Report as same relates to the odor at the Carmike Cinemas facility. It was noted that an inspection at the premises reveals that there are no safety issues involving the ventilation system causing any odor. Additionally, Council discussed talking to the Township’s Fire Chief to indicate in the Fire Company report what type of spill is being referenced therein.

Unfinished Business:

1.) Bill No. 2005-06, An Ordinance Amending the Zoning Ordinance of Hanover Township to Permit Building Signs on Buildings Facing Expressways (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2005-6. The Township Manager advised that the proposed ordinance has been reviewed by both the Township’s Planning Commission and the Lehigh Valley Planning Commission and both have indicated they had no problem with respect to the adoption of this ordinance. In resolution of this matter, Council made the following motion:

Motion: --- I move that Bill No. 2005-6, An Ordinance Amending the Zoning Ordinance of Hanover Township to Permit Building Signs on Buildings Facing Expressways, be adopted as Ordinance No. 461.

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

New Business:

The Township Manager advised that the Board needed to schedule Trick or Treat in Hanover Township. It was determined that Trick or Treat would be held on Friday, October 28, between the hours of 6:00 and 8:00 P.M.

Payment of the Bills:

Motion: --- I move Council authorize payment of Voucher Nos. 11373 (9/30/05 Prepaids), Voucher Nos. 11374-11378 (10/19/05 Prepaids); Voucher Nos. 11379-11430; Payroll dated 09/23/05, Payroll dated 10/7/05, from the General Fund Account in the amount of $118,879.83; Voucher Nos. 1584-1585 (9/30/05 Prepaids); Voucher Nos. 1586-1595 from the Capital Reserve Account in the amount of $64,354.99; Voucher Nos. 1370-1377 (10/19/05 Prepaids), Voucher Nos. 1378-1382 from the Escrow Account in the amount of $13,721.01; Voucher Nos. 1571-1582 from the Water Account in the amount of $53,733.77; Voucher Nos. 2587 (10/19/05 Prepaids); Voucher Nos. 2588-2601 from the Sewer Account in the amount of $125,941.97 for a Grand Total Expenditure of $376,631.57.

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

Courtesy of the Floor: NONE

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:35 P.M.

Hayden: Moved

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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