Apr 14, 2013

Water Lease Injunction In Order

According to Chris Casey, over at Lehigh Valley Political Blog, Mike Hanlon, Allentown City Clerk, is the one who initially informed Tim Benyo, County Chief Clerk of Voter Registration, that the Water Lease Ballot Petition didn't conform with state law. Previous news reports indicated that this determination was made after the Allentown City Clerk delivered the petitions to the Voter Registration Office. If Casey's allegation is correct, then the city  conspired against it's own citizens. The City Solicitor had reviewed the petition and imposed guidelines. Under this review, the petitioners were misled to believe that their efforts were conforming with applicable timelines and laws.

UPDATE:  This afternoon I discussed the above allegation with one of the leaders of the Water Lease Ballot Petition.  He does not consider the revelation "actionable",   and will not  seek  an injunction.  He's hopeful that some members of council will change their mind  from fear of voter backlash,  and being educated by his group's presentations, which promote Allentown starting it's own water authority.  He has much more faith in the flexibility of council than I do.

19 comments:

Waterboy said...

This does not surprise me at all, this water lease has way to much opposition to continue moving forward. MM does this mean that the petitioners are working on a court injunction? I sure hope so.

Anonymous said...

Keystone Cops, the entire lot.

michael molovinsky said...

@8:18, to my knowledge at this point they are not, but that may change after they read this post. Chris casey's motive was to absolve tim benyo, as he also tried to do with tim brennan, in the velez case. if casey's allegation is true, the administration mislead it's own citizens. hanlon serves at the pleasure of the mayor; it would be my assumption that if he acted in a way less than an honest broker, it was at the request of his superiors. i would think that under these circumstances, the court would look upon an injunction against the lease deal favorably, until the proposal could be put to voters. it appears to me that due process for the voters was impeded, at both the city and county level, in regard to the ballot question.

Anonymous said...

Good stuff.

Anonymous said...

All to financially support a Union contract deal that should of never happened in the first place.
This whole downtown debacle of the past number of years has become odorous beyond putrid.
Keep shining the light on it Michael
We're with you.....PJF

Anonymous said...

Chris Casey clearly confirms that Chairman Pawlowski has, in fact, heroically triumphed on the field of battle in Allentown's Aqua Conflict and correctly states that the Water Warriors must accept that result and lay down their weapons immmediately.

I sincerely implore the Water Warriors to discontinue any and all counter revolution / subversive insurrection and, for the overall greater good of the general Community, join forces with Chariman Pawlowski in helping the disadvantaged and downtrodden City With No (Spending?) Limits move forward into the 21st Century.

Shaibu!

COLONEL VIKTOR TIKHONOV
Soviet Red Army (retired)

Anonymous said...

The water warriors don't appear to understand that they should engage an attorney.

Chris Casey said...

I encourage all of you to think twice before you speak or write. I did the due diligence of going to Voter REgistration and asking to see the petitions. When they said they never had them, Mr Benyo came out and spoke to me in person. Tim os someone who I have watched stick to the strictest letter of the law. People get mad at him, but all he is doing is following the law.
I have been to City hall on successive Fridays and filed Right to know requests. Much to my surprise this week, someone asked me why I had filed a particular one.
I have my own mission on this one, and my own reasons. I am not working for the Mayor, nor am I working for the Water folks. I have a mystery that needs solving, and what happened with the water petitions are a clue. When I get where I am going, I think some people will be very unhappy. I think it is entirely possible City Clerk did not know how to handle the petitions and fumbled the whole thing. The mayor might end up blameless which would really get some knickers in a knot.
No matter what, I hope Jeannette Eichenwald calls Hanlon on the carpet at the next meeting and asks him to personally relate whatever process he used in handling those petitions. Somebody has some Splainin' to do!

Anonymous said...

As seen at the last meeting were Mr. Fegley was almost tazed by the kings current prez mr greedy and than Kim Valez's comments to the people that have been taking advantage of the current populus of allentown¿ The water filters paint a picture that is more understandable to the public, than a powerpoint presentation to preditorize more of Allentowns Assets¿

Bill said...

I see no evidence that any of the Council members beyond Jeanette care at all how the voters feel. Starting to wonder if they get golden parachutes or some other sweet deal for voting through this travesty.

Chris Casey said...

The crazy thing is, Roy Awful created this mess, and the current Admin has to deal with it. please don't forget that.

michael molovinsky said...

chris, pawlowski said in 2005, in his first campaign, that dealing with the pension problem would be his priority. who would image that he would wait 8 years, and then spring selling the city's most important assets on it's citizens, allowing virtually no input.

Anonymous said...

MM, this power point presentaion to sell allentowns asset was forced down the public throats¿ To pay down the mmo as he put it, opun his arrival to his present seat another campaign promise was improving the quality of life for residence¿

Quality of life for allentowns inner city residence has been on a constant decrease¿ Allentowns money has constantly been funny at the end of the fis al year?

His original supporters are ovoiding him like the plegue¿ Now some of his closest cronies are putting alot of space between them¿

Anonymous said...

Chris 9:04am. As you will notice with Anon. 4/14/12:03pm just about all of the past decade's decline of downtown is covered in that terse statement.
Keep opening those doors and reporting the findings along with Michael. Thanks for your dedication to detail.....PJF

Anonymous said...

I don't think the City Clerk serves at the pleasure of the Mayor. The position reports to Council.

Anonymous said...

I was always under the impression Council President Guridy was responsible for the police pension issues.I see The President is still here spending the tax-payers $$$$.

Anonymous said...

MM if he thinks any of the council members are going to change their vote now - he's really delusional... The whole "we have come to far to turn back now" is going to be decision - especially now... they'll never back down, they'll ever admit they are wrong....

Anonymous said...

IMPEACHMENT, this is the process by wich to get things done at this point. All of the actors must be thrown out of office at this point and a HOLE restrustructuring of Allentowns electide officials that have played a part in this spending of money not in hand¿

Redd

Anonymous said...

THIS TRANSACTION IS ILLEGAL

Under Pennsylvania law, authorities like the LCA are set up under the Municipality Authorities Act (53 Pa.C.S. 5600)(the Act). The Act empowers authorities to exercise very broad powers with one very important limitation. Section 5307(b) of the Act prohibits authorities from using these broad powers “to unnecessarily burden or interfere with existing business by the establishment of competitive enterprises.” Further the Act states “none of the powers granted by [this Act] shall be exercised in the construction, financing, improvement, maintenance, extension, or operation of any project or projects …. which in whole or in part shall duplicate or compete with existing enterprises serving substantially the same purpose.”

This provision of the Act was recently tested in the case Dominion Products & Services v. Pittsburgh Water & Sewer Authority and Utility Line Security (23 Pa. D. & C.5th 202). Dominion brought and won the case against PWSA in 2011 challenging PWSA's Line Warranty Program under 5607(b). The court interpreted Section 5607(b), and the decision provides support for an argument that authorities are prohibited from setting up a competitive service to an existing enterprise.