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: ---------- 10

Courtesy of the Floor:

Mrs. Joan Nauroth of 2049 Troxell Street approached the Board and indicated that the four residents affected by the recent flooding on Troxell Street have engaged the services of a lawyer on their behalf. Mrs. Nauroth noted that the lawyer had indicated to them that he would wait to hear from the Township as to whether or not there is a case of negligence and that everything will proceed from there. Mrs. Nauroth indicated the attorney involved is Attorney Christopher Shipman practicing with Asteak Law Offices.

Approval of Minutes: ------ October 19, 2005 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the October 19, 2005, Regular Council Meeting and accept same as presented.

Paulus, Kovacs: Moved and Seconded

Attorney Eaton advised the Board that he would like to read through the Minutes and has not had an opportunity to do so and accordingly the Minutes were not approved at this time. The Board would await the Attorney’s review prior to adoption of the Minutes.

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that a problem has arisen with respect to the scheduling of the Township Christmas Party. As Council is aware, the party was scheduled for Friday, December 16, 2005, at the Holiday Inn East. As a result of a conversation with the Holiday Inn East, they are now taking the position that the Township had changed the date from December 16, 2005 to December 9, 2005. December 16, 2005 is no longer available. Unfortunately, the entertainment scheduled for the party is not available to perform on December 9, 2005. The Township Manager advised that the Township is still looking into this matter. If the date cannot be changed, the Township will notify all invitees in writing of the new date for the party.

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

The Township Engineer advised the Board that he had no report to offer at this time. Councilman Atkinson questioned the Township Engineer as to whether or not the second feed required by the Airport on Postal Rd. has been completed. The Township Engineer felt that it has not been completed and that they still have to grade.

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

1. With respect to the status of the Airport Real Estate Tax Appeal, Council should be advised that that matter is still undecided before the Supreme Court.

2. As Council may recall, some time ago representatives from the Township and the City of Allentown met to discuss several buildings straddling the boundary line between the City and the Township. At the time of the meeting, the City seemed very receptive to working out how the communities would handle services for these facilities. In that regard, the Township Attorney noted that his office has written and called several times since then and there has been no response from the City of Allentown either agreeing or disagreeing. The Township Attorney noted that he had offered to prepare documentation to resolve these issues but currently the status remains as indicated.

3. With respect to the matter of the Valley Plaza Shopping Center and the stormwater damage which occurred by reason of the overflow of the detention pond on residents’ property, the Township has conducted an investigation. The Township Engineer has conducted an inspection of the pumping station facilities. In that regard, it was the determination that the system was not functioning properly. The Township Manager will issue a citation for a violation of the Subdivision and Land Development Ordinance which contains a provision requiring the continuing maintenance of stormwater facilities. All interested parties should be advised that the matter is going forward and that I have asked both the Township Manager and Township Engineer not to comment further on this matter until the citation is filed. Attorney Eaton noted that the Township expects to proceed promptly but wants to get the citation filed. The Township Attorney noted that we are just making a determination of a violation of the Township Ordinance requiring the maintenance of stormwater facilities and other provisions of the ordinance that may be applicable. One of the affected Township residents questioned whether or not the Township’s reports on this matter would be available and the Township Attorney noted that after the citation is filed information in the Township’s possession would be available. He reiterated that he did not feel that the matter should be made public until the Township goes to the Magistrate. It was noted that upon receipt of the citation a hearing would be scheduled before the Magistrate should the defendant plead not guilty and in that event the Township Manager would advise the affected residents of when the hearing is scheduled. Bernard Nauroth, Jr. of 2055 Troxell Street questioned the Township Attorney as to whether or not the owner was in compliance and Attorney Eaton noted that we need to wait until the citation is filed and a hearing is scheduled, etc. Councilman Kovacs questioned whether or not the Magistrate’s hearing is a public hearing where the residents and the attorney can attend. Attorney Eaton noted that the interested parties can sit in but normally their attorney cannot participate at the hearing. Chairman Paulus questioned whether at the time of the Magistrate’s hearing the Township’s findings will be revealed and the Township Attorney indicated that was the case if the Township is in a position where we have to present a case.

Courtesy of the Floor:

Mr. Thomas Keim of 1635 N. Halstead Street advised the Board that Woodlawn Cemetery is still removing bodies and relocating the graves in other parts of the cemetery. He questioned whether the Township could send Woodlawn a cordial letter inquiring as to their activities. Mr. Keim felt that they were not going through the Coroner’s office. Attorney Eaton noted that he had thought this matter was looked into previously and that the municipality has no requirements in this regard. He did advise that he would look through his records and get back to the Board with his findings. Councilwoman Hayden felt that possibly a call to Senator Bascola or the Coroner’s office would be helpful. Councilman Atkinson commented that he was sure that the relatives of those people are involved and Mr. Keim noted that he is sure that they must be since you cannot move the bodies without their approval.

Adjournment:

Motion: --- I move adjourn this meeting of the Hanover Township Council at 7:50 P.M.

Hayden: Moved

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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