January 27, 2005

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Municipal Building. Members present were Supervisors David Bracken, Bob Stephens and Bruce Baker along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by David Bracken, Chairman, with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Executive Sessions Held:
Chairman Bracken
announced that an Executive Session was held on the morning of Thursday, December 30, 2004 to discuss contract negotiations with the Jackson Township Police Association. In addition he announced that a second Executive Session was held on the morning of Monday, January 17, 2005 to discuss administrative matters with Waste Management for the purpose of explaining their garbage disposal bid.

Public Comments Concerning Agenda Items:
Ed Westrick
asked if we could get a little more information on the Garbage Proposal Agreement to outline it and see what itís all about. Chairman Bracken asked Solicitor Barbin to explain the Contract. Solicitor Barbin said the contract was written on the same format of the 1999 Contract and he used the language from that. He said as within the 1999 Contract, the Township agrees during the term of this Contract that it shall not enter into a Contract for collection of municipal garbage with anybody else except Waste Management. He said the Contract is for 5 years beginning March 1, 2005 and ending February 28, 2010. Barbin stated that there will be a subscription collection service this time where it was the bags before. Barbin then high-lighted some of the Contract as follows:

Subscription service will include curbside pick-up of unlimited garbage and refuse including bulk items generated from a subscribers single family residence only. This entitles the customer to place unlimited household trash and large items such as appliances with Freon removed and tagged by a certified technician. Other items can include carpet cut and other bulky items if bundled in four foot lengths and no greater than 50 pounds and furniture at the curb for weekly pick-up.

Residents of the Township desiring single family collection service shall get a quarterly subscription rate from Waste Management which is $36.00 the first year, $36.90 for the second year, $37.82 the third year, $38.77 for the fourth year and $39.74 the fifth year and service shall be refused if a resident doesnít pay the subscription fees in advance.

Waste Management is required to have both clean and closed-unit packer type vehicles. Their name and telephone number must be on the truck and readable size. They are required to provide residential refuse pick-up once a week. It is the residents responsibility to see refuse is placed in bags and placed curbside for as close as practical to the collection vehicle by 6:00 am on the designated collection day. Waste Management shall determine the days when the collections shall be made and must be made once a week for all residential units between the hours of 6:00 am and 4:00 pm however this shall not prevent collection on an emergency basis meaning they can collect later in the day. The extension of emergency hours shall be subject to the approval of the Township Supervisors.

Waste Management will take reasonable care in handling the bags and not willfully break the bags. Waste Management may decline to collect refuse in any container or bag other than approved bags or containers which is defined as containing not more than 35 gallons and not weighing more than 50 pounds. If they refuse something they have to leave immediate written notice on the bag as to why they refused it. There is a separate bulk item collection and list attached of prices. People who choose not to have subscription service can still have bulk items picked up at a per item price and there is a number in the contract to call so if you donít want garbage service you can still get bulk items picked up but you pay for each item.

Each quarter, each separate household of Jackson Township may obtain a landfill pass for disposal of one pick-up truck load of refuse free of charge available at the Jackson Township Municipal Building. Verification of residency, evidence of payment of all Township taxes and photo identification will be required at this time. Residents shall present the pass and photo identification upon arriving at the Landfill and there will be no charge to residents of Jackson Township. Passes shall include the following language: Landfill passes are only for waste generated at the household of the person obtaining the pass. Use of the pass is to dispose of any waste not generated at the household listed upon the pass will be considered a theft of service and prosecuted under provisions of the Pennsylvania Crimes Code. People canít go into the business of collecting garbage but you can have 4 passes a year.

Routes & Schedules is the same language as last time. Waste Management shall provide us a route map within two weeks of approval of the Contract. The Township shall within two weeks in receipt of the route map and schedule specifically note in writing any deficiencies, additions or objections we have with the route map. Additions made by the Township in writing to the route map shall not be unreasonably refused by Waste Management. Waste Management shall notify each customer in writing of any changes in their day of pick up. Holidays are the same except Antlered Deer Day was added.

Waste Management will provide personnel with clean clothes and they are not allowed to hire people have been designated sexual predators and required to register under that law. Waste Management employees are not allowed to cross from one property to another. Billing will be first quarter of January to March billed in mid November through November 30th, second quarter being April to June billed in mid February through February 28th, third quarter being July to September billed mid May through May 31st and fourth quarter service being October to December billed mid August through August 31st. All payments must be received prior to Waste Management sending a sticker. Collection of fees is solely the responsibility of Waste Management. Waste Management wonít discriminate against anybody.

Waste Management indemnifies the Township from any claims resulting from their operation under the Contract. They reserve the right to reject any waste disposal which could violate any applicable laws or cause or contribute damage to the environment and the Township shall exercise no control over such decisions. Waste Management also indemnifies the Township harmless of any claims arising from improper collection and disposal of waste. The same insurance language is used from last time which is basically 500,000 a person and 1 million dollars per occurrence. Performance Bond is set at the estimated one years receipts under the Contract. Permits and licenses are entirely Waste Managements responsibility.

With the landfill passes and bulk items included in the subscription service, Spring Clean-Up is taken care of. Anybody can put anything they want out with the service and anybody not subscribing can use the quarterly pass. Waste Management has to provide two recycling bins as in the last Contract and one of the locations is designated as the Laurel Highlands Landfill. Barbin pointed out that there are other recycling bins but they are run by the County and not Waste Management. Waste Management will provide monthly written reports to the Township detailing description of tons hauled and bulk items collected.

Waste Management shall develop and implement a complaint procedure to handle customer complaints. The Township shall be informed of the procedures in writing and any changes to know what it is but would not take part in the procedure. Waste Management is to pick up any missed collections within 24 hours where it is of no fault of the customer.

Jackson Township reserves the right to terminate the Contract if the work is abandoned or Waste Management becomes insolvent or files for bankruptcy or if they indicate in writing they are unable to meet their obligations under the Contract. Barbin said that could come about if the gas prices would double and they couldnít continue to operate and could cancel the Contract. He said this has happened in recent years not with Waste Management but in Stoneycreek Township. He said the rest of the contract is routine including compliance with laws, severability, waivers, binding affect and amendments to the Contract. On non-assignability it says that the Contract is non-assignable without the consent of the Supervisors but that they would not unreasonably withhold their consent if itís being transferred to another company who has similar assets and experience and that the new owner is also the owner of the Landfill.

Westrick asked if there was anything taken into consideration for the Senior Citizens and said most of them are on fixed incomes and usually have a lot less garbage than other families have and wanted to know if any thought was put into that. Supervisor Stephens gave a recap of the process and expressed his appreciation for Barbin going over the Contract in detail explaining things paragraph to paragraph and the technical aspect of it. He said his concern was basically two things including how this would affect Senior Citizens and how it would affect the possibility that people throwing garbage out along the road in order to get around it and said he thought everybody would verify that. He said if you look at the cost, youíre talking about a cost of $36.00 per quarter or $12.00 per month and said if you break that down at the old rate of $1.80 per bag that would be 1 Ĺ bags per week. He said it was discussed carrying on the older bag system but Waste Management had proposed a cost of $2.50 per bag which would have meant that we would have paid approximately the same price per bag as what weíre getting for curbside service. He added in conjunction with that they were willing to give us curbside service of large items and trash and eliminate the Spring Clean-Up which is a big thing. Stephens said we would no longer have to hold it once a year and you can put out what you want as long as you follow the guidelines every single week and wonít have to store items. He added to those people who canít afford the $12.00 per month, they will not have to pay if they are non-subscribers as itís not mandatory. He then said once a quarter you can obtain a pass to the landfill and for those who only have one garbage bag per month they would have a total of 3 bags in a quarter and they can take those bags to a specified area and not be held up and wait in line with the garbage trucks and go to a designated area where they can take their 3 or so bags and dump them at no charge. He added that in the next Township Newsletter it should state that there are two recycling bins at the Landfill that are not being used. He said one is for normal recyclables and the second one is for tires and most people donít know this and you can take used tires up there and get rid of them. Supervisor Baker added that it is $1.00 per tire. Charlene Cervino of Waste Management said that information would be in a letter that would go out to all Township residents. Baker added that they would accept approximately 6 to 8 tires and it wasnít intended for a tri-axle load. Barbin said that wasnít negotiated.

Stephens said we still have the recycling bins and the Township is going to get free pick-up as well as the Senior Center and Fire Hall at no charge to the Township. He said we are getting some benefits from it and there are some negative aspects to it but the bottom line is Waste Management was the only single person that bid on it and this is what we have to deal with so weíre trying to get the absolute best deal we can get. He added to get it at $36.00 per month and break it down itís a 2 Ĺ % increase per year over the five years which is below the Federal Guidelines if you go back and see what the cost of inflation is. He said he thinks we come up with something we can work with and something that can benefit the majority but will not satisfy every single person but itís something that has taken away the likelihood of people dumping garbage out along the road. He said you can get a pass every three months to take a truck-load up there at no charge and you can take your garbage up with that load, but for those who want to and think itís more beneficial to get out and buy it and pay the $36.00 per quarter, we welcome working with you.

Don Knopsnyder asked how Waste Management would identify those people who were using the service. Cervino said there would be a sticker. Knopsnyder asked if that was going to change every quarter and Cervino replied, yes and that the color would change and showed an example with the sticker being numbered and the number one representing the first quarter. Knopsnyder asked where the sticker would be placed and Cervino replied wherever the drivers can see it. Barbin added that it should be close to where the bags would be. Debra Nagel asked what if your house was too far back. Cervino said you could put it on your garbage can. Baker added that it could be on a mailbox, post or garage. Cervino said youíre not the only township that many townships use this system and the drivers really get to know their customers and even the amount of garbage they generate and if thereís excess garbage there, theyíre going to know. Joe Baxter wanted to thank the Township for this Contract and said we used to have the sticker contracts years ago before we went to the bags and the nice part about the Contract is that now I donít have to burn and burning is a real pain in my butt. He added that Bracken Street was once one of the worst neighborhoods for burning and now we donít have to burn no more and can take it to the curb and we want to thank you guys for working the contract out where we can get rid of our garbage on a weekly basis and itís a great thing.

Dick McDowell said it was mentioned about putting garbage out in approved bags and wanted to know what constitutes an approved bag. Barbin said he used that term and then defined it and an approved bag is defined as garbage bags or containers of suitable durability to permit efficient storage and transfer from curbside to refuse collection truck. It adds that such bags or containers canít contain more than 35 gallons although the bags can be bigger. He said you canít put 55 gallons of trash in a 55 gallon bag or refuse and material weighing more than 50 pounds. He said it was written that way so someone couldnít fill a bag in a 55 gallon drum. McDowell asked if it was like the old bags where you had to have a logo on it. Barbin replied no but if you have a bad thing theyíre going to tell you if the bag needs to be stronger for the weight. Cervino said itís just a guideline. Knopsnyder asked what about the people who have a current supply of the green bags. Cervino said Waste Management would honor those through the end of March even though the new contract begins on March 1st for those who subscribe. She said if you want to sign up for the unlimited, they have a date set aside with the Township on April 14th where she and two other representatives will be there to buy back the bags. Betty Lou Shoup said she didnít hear anything about the dumpster at the Senior Center. Baker said there would be no changes in the dumpster there. Barbin asked how the month of March would be handled since it would only be one month in the 1st quarter that would be under the new Contract. Cervino said the quarters would run with the Contract.

George Burkey asked if this is an exclusive Contract with Waste Management and if it is we canít contract with other haulers and he recalled it being that way before. Barbin said that was correct but commercial and industrial accounts can. He added that we get a good price because we say youíre the only one who can do it in Jackson Township and thatís pretty much how everybody does it. He said itís not mandatory but theyíre the only ones who legally can collect residential garbage. Burkey asked if this wasnít mandatory. Barbin said youíre not required to use it. Burkey said the Solid Waste Ordinance in Jackson Township says itís mandatory to have garbage collection. Barbin said he would have to look at that and think about it and this Contract would contradict that. He said in a way the bag system worked the same. Burkey said it was mandatory then. Barbin said weíre basically saying you donít have to. He added that the other side of mandatory garbage removal, youíre looking at passes that can be obtained per household once every three months if you donít want to subscribe to the quarterly curbside service from Waste Management. Stephens thanked Burkey for brining that to their attention. Burkey said the Ordinance was the same for the entire County and you have to know where your garbage is going and thatís why itís mandatory so you wouldnít throw it out in the yard or the woods somewhere. Barbin said that you canít illegally dispose of your garbage or bury it and that part of the Ordinance is fine. He went on to say you canít burn improper things improperly. Steve Yurasek asked if his situation was ok when he hauled everything to the landfill and said he puts it right on there. Barbin said technically youíre not supposed to do that according to a State law. He said that George is pointing out that there is a Waste Control Ordinance with the County which states residential waste is supposed to be designated. Yurasek said he had a contract to haul. Barbin added that was for his business but he didnít feel anybody would bother him about it but technically itís a violation.

Bill Dreikorn asked if we would get more written instructions on this. Cervino said they have a letter that will be presented to the Township Supervisors to look over and it will be mailed out and they are trying to get it down to one page but thereís so much information and they want to make sure that you understand. She went on to say their 1-800 number would be available to residents. She feels the letter would address everything they could think of that would be of concern to the residents. Baker said we would back that up with the Township Newsletter which will be mailed out the first part of April. Baxter asked if there would still be the two dumpsters at Leidy Lane & Mitchell Parks. Barbin answered yes. Cervino said theyíre not taking any services away.

Burkey said you would have to come out to the Township office if you wanted to take your three bags up to the Landfill. Baker said you could take a whole pick-up load. Burkey said but you couldnít take somebody elseís garbage up and said his mother is 88 years old and she doesnít even drive. Chairman Bracken said she could get a pass and you could take it up for her. Stephens said each household is entitled to 1 pass per quarter. Barbin said he also found in the Contract where Waste Management agrees to provide dumpsters for Jackson Township, the Senior Center, the Volunteer Fire Company, Mitchell Park & Leidy Park and that was probably the same as the previous Contract.

Will Michaels said he was confused as weíre buying another truck and wondered if it was necessary and said the bill at Freedom Ford was too high and apparently that was on a police car and he thinks he should be looking some place else for repairs and felt that was a lot of money in addition to what you already paid them this year. He said as far as buying more guns, he thought there would be enough of guns here and when he looks down this whole thing the amount of money that is being spent, that somewhere along the line he feels we have to slow it down.

Stephens, second Baker to approve the minutes of the December 30, 2004 & January 3, 2005 meetings. Vote-3 yes.

Township Financial Report:







$     19,373.73

$ 90,363.89

$     97,268.70

$     12,468.92


$ 1,385,231.26

$ 59,466.60

$     68,396.80

$ 1,376,301.06


$      4,909.61

$        7.17

$       1,066.62

$       3,850.16


$    26,650.85

$  3,272.78

$       5,297.12

$     24,626.51

Baker, second Stephens to approve the bills for the period of December 31, 2004 through January 27, 2005. Stephens commented on the motion by complimenting Mr. Barbin on making a vast improvement on his most recent bill and if looking over the past 3, 4 or 5 months there is now more detail on who calls were made to or received from and it was appreciated. Barbin said he has really made an attempt but itís difficult sometimes at the end of the month when the bill is made up to remember everything and he canít make it up. Stephens said he wants to pay a compliment publicly when someone does a good job. A vote was then taken. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$   97,268.70

$      1,066.62

$        5,297.12

Township Police Report:
The December, 2004 Police Report submitted by Police Chief Bob Fatula was presented. The figures were as follows: 911 Calls dispatched to Police were 312. Reportable Incidents were 39 broken down as follows: Criminal Mischief-7, DUI (Driving While Under the Influence)-5, Harassment-5, Theft-5, Disorderly Conduct-3, Drugs-3, Threats-3, Burglary-2, Arson-1, Assault-1, Forgery-1, Public Drunkenness-1, Receiving Stolen Property-1 and Underage Drinking-1. Non-Traffic Citations Issued-10. Traffic Citations Issued-27. Accidents Handled-27. Criminal Charges Filed were 26 broken down as follows: DUI (Driving While Under the Influence)-5, Disorderly Conduct-3, Drugs-3, Harassment-3, Public Drunkenness-3, Theft-3, Threats-2, Assault-1, Forgery-1, Receiving Stolen Property-1 and Underage Drinking-1.


Old Business:
Stephens, second Baker that duly elected Supervisors ask and instruct the Solicitor, Mr. Bill Barbin to take the necessary legal steps to draw up a proposed ordinance to the effect that only duly elected Supervisors in a public meeting by quorum vote shall have the authority to instruct and request the Solicitor to draw up or write any and all proposed ordinances, amendments, resolutions or laws pertaining to governing Jackson Township. Baker said he put thought into that and he wouldnít support something like that simply because ultimately itís the Board of Supervisors who has the authority to stop something right here and not approve it. He said if a vote were taken on that he would vote no. Stephens asked if itís happened in the past. Baker said no because itís been a majority vote on any ordinances put through here. Stephens repeated his motion and once again asked Mr. Baker if thatís been done in the past. Baker said he wouldnít vote for that motion and he seconded it to give him his opinion and the reason is being that ultimately the Board of Supervisors have the final say sitting right here when that comes before us. Ed Nischalke said what could happen here is the Solicitor could be spending thousands of dollars to prepare a document that may not be voted on and the way it stands right now the Manager can request that the Solicitor work on anything, road maintenance, ordinance, where telephone poles are located or anything at all and the Solicitor could be working on that for six months and you donít even know about it and the Township is paying for it. Barbin said they get a detailed bill every month that shows exactly what he is working on and youíve seen them and know that so you know that first statementís not true. Nischalke said it has happened in the past where the Township spent large sums of money on ordinances that the Supervisors werenít aware of. Delores Kimbel said we would like to know what ordinances they were and if it happened in the past, when and tell us about it. Nischalke said it happened with the Sewage Ordinance. Stephens said it was a matter of public record and all you have to do is go back and get a transcript of each single meeting minutes that the Supervisors conduct and look in there where they got out and authorized Mr. Barbin to write that Ordinance. He said see how many ordinances, resolutions and amendments were made where the Supervisors asked Mr. Barbin to get out and draw them up. He said there are many of them. Nischalke said concerning the Sewage Ordinance, if you go back and look through the minutes for a year, there was never a place where the Supervisors asked the Solicitor to start working on it, yet there was a lot of time and activity spent on the Sewage Ordinance and the only time it came up for a vote was to be passed on the 29th of April. He said he had minutes and has not seen where you guys authorized Mr. Barbin to work on that. Stephens said that was the point he was trying to make. Barbin said that statement was true but the first one wasnít. A vote was then taken. Stephens-yes, Baker & Bracken-no.

New Business:
Baker, second Stephens on approving Ordinance # 134, addendum to amend Ordinance # 89 establishing the authority of the Manager to review and approve police schedules and assume a role as designated in Township Policy with regards to complaints and employee discipline. Vote-3 yes.

Motion Stephens, second Baker to approve five year contract for garbage disposal with Waste Management. Vote-3 yes.

Motion Baker, second Bracken to pay Penelec bill of $7304.10 under protest to relocate two poles on Leidy Lane right-of-way. Stephens commented that he had complained about the two poles in writing being two close to the road and particularly one of them. He said Penelec wants paid to move those poles that are on the road right-of-way and one of them is mere inches away from the edge of the road. He said this is a safety hazard and something that needs corrected and should have been corrected a long time ago and weíre fortunate we donít have any liability. He added that weíre in one of those "catch 22" situations where we can pay it under protest or go to litigation and most likely pay attorney fees to get our money back and maybe we wonít get it back then if we pay it now or we can sit on it and let them do it if they want to and if they donít, try to hold them liable so weíre in one of those situations where weíre going to spend a lot of money and maybe not get it back so we got to take the lesser of two evils within the Judicial System. He said itís an awful lot of money to move two poles. . .$7,000, and it seems unreasonable to him but we are left no choice and have to make a decision. Stephens said if we donít make a decision and somebody hits one of those poles, we can be held responsible and end up in a court case. Baker said if safety and the citizens is of the utmost importance, how can you put a price tag and say thatís too expensive. He asked who is ultimately liable when someone hits that pole head on and theyíre killed. Barbin said everybody. Baker asked how can $7,000 be too much money to spend to protect that when it could be millions of dollars in the event that someone killed in something like that. Stephens said thatís why he would say yes to paying it but he just wanted the people to know ahead of time. Baker said heís opposed to it too and thatís why weíre doing it under protest and he thinks itís ridiculous but Penelec wonít do a thing until they have money in hand. He said they wonít touch the poles until we pay this bill and thatís why itís being paid under protest. Bracken said we also have the same problem on Adams Avenue which is coming up real soon. A vote was then taken. Vote-3 yes.

Motion Baker, second Bracken to authorize purchase of a Ford F550 Dump Truck through the Capital City Piggyback Program. Stephens commented that the people should have an explanation of the breakdown as to how old the truck is, what the miles are on the truck and what the resale value is on the old truck. Baker asked Stephens if he wanted to tell them. Stephens said to let Mr. Hirko explain and he had the information based on what was relayed to him. Baker said itís a 1992 F350 and has a little over 50,000 miles on it and "body wise" itís falling apart with the bed and frame. He said the chassis approximately 28,000 and the bed, plow, spreader and whole package is about $62,000 for the new truck. He added that the truck being replaced is the most used truck on the fleet aside from the other ones being snow plows. He said as far as what we would get out of the old one, youíll never get book value out of it. He said a little truck may be worth more to the average person and if you got $4,500 or $5,000 out of it, heíd be surprised. A vote was then taken. Vote-3 yes.

Motion Stephens, second Baker to authorize the transfer of a Colt Double-Eagle Pistol to Chief Robert Fatula in appreciation for services rendered to Jackson Township during his many years of service. Stephens commented that this was Mr. Fatulas very first pistol working for Jackson Township and this is the reason it come up for consideration. Heís been here more than 20 years and he requested it and itís fair compensation. Baker said it didnít have a value of much either. Hirko said it was $350. A vote was then taken. Vote-3 yes.

Motion Stephens, second Baker to authorize annual contribution of $1,000.00 to the East Taylor-Jackson Little League. Vote-3 yes.

Motion Baker, second Stephens on transferring $ 68,396.80 from the Capital Reserve Fund to the General Fund - $15,000.00 to the Jackson Township Vol. Fire Company for annual contribution, $12,000.00 towards 1/18/05 payroll, $9,837.00 to Rays Nursery for Veterans Park landscaping, $4,885.73 to Luther P. Miller for fuel & heating expense, $4,600.00 to Conseco Annuity Assurance Company for police pension for 2005, $4,461.89 to Naugle Insurance for January installment, $4,125.00 to Lehman Engineers for work on Comprehensive Plan, $2,761.00 to Tri-County Motors for extended warranty on new truck, $2,350.00 to Kal Brothers for work done at Sr. Center & Magistrates Office, $1,980.00 to Cooper Signs for park entrance signs, $1,959.18 to Freedom Ford for parts and repairs to police vehicle, $1,403.00 to PSATS for 2005 memberships, $1,400.00 to Rays Nursery for landscaping for park signs and municipal buildings, $1,128.00 to Hornicks Sporting Goods for guns for Police Department and $506.00 to Recreation Resource Inc. for swings & accessories. Vote-3 yes.

Motion Stephens, second Baker on approving the time sheets from December 19, 2004 through January 1, 2005 and for January 2, 2005 through January 25, 2005. Vote-3 yes.

Other New Business:
Stephens, second Baker that the Board of Supervisors schedule a meeting with the Township Solicitor, Township Manager, and Chief of Police, Robert Fatula to discuss the direction the Police Department should be taking in the future to resolve problems. Baker asked Stephens to elaborate. Stephens said he went over the last several Summary Reports for 2002, 2003 and 2004. He said in 2002 there were 55 accidents, in 2003 - 103 accidents and in 2004 - 165 accidents. He said in 2002 there were 727 citations, in 2003 - 1005 citations and in 2004 - 582 citations. He said this trend is alarming and it should be being that our Police Department has about a 300% increase in two years for vehicular accidents while at the same time our citations went from 1005 in 2003 to 582 in 2004 which amounts to a 43% decrease in citations. He added that we need to look at the 300% increase in accidents and the 43% decrease in citations and determine the direction the Police Department should be taking to protect the safety, health and welfare of the residents of Jackson Township and those passing through the Township. Bracken said most of those citations were on Route 22 and now lots of work is being done on 22 those thatís the reason probably for the citations. Baker said the last two winters were horrendous which could account for the accident numbers. He added that we certainly donít need to have a motion to call a meeting to get together with them and it could be done at anytime. He said we could do it now. Stephens said he was doing it at a public meeting and making a request. Baker asked if it would need to be advertised. Stephens said we need to take a vote on it. Barbin said he didnít feel it was a legitimate Executive Session unless it would be about personnel problems or citizens complaints that could lead to potential litigation. He said it should be technically advertised and it should be conducted in public. Baker said we could check with Chief for his availability and pull it together. Barbin said it doesnít have to be at night and could be during the day.

Ed Nischalke said Bob was right and trend for the last three years with the increase of the Police Budget in the neighborhood of 30-40% year and we have put on full-time police officers, he would think that would generate more citations. He said he knows 22 been shut down but weíre spending more money and police officers are working full time which should mean more citations. Stephens said over the past 4 or 5 years, our police budget more than doubled and in the past year alone is approximately 27% higher than last year and why arenít they patrolling here and catching the speeders and weíve got a problem with an increase in accidents. He said it could be improper driving, speeding but we need to look at it and address it as a potential problem. Baker said itís real easy to arm-chair quarterback the Police Department. He said we got complaints about our Police sitting on the ramp on 22 constantly. He added that we backed them off and citations are down plus 22 is being worked on. He said you go out on the Township streets and they sit there, it only takes one vehicle to go by and everyone knows heís sitting there. Baker said itís difficult as people call and they complain about speeders. As soon as they complain to him, he asks the Chief to send an officer out there and who gets picked up. . . the people who live on the street.

Stephens said the thing is we need to do something to address the problem of accidents being up in the Township by 300%. Baker said technically the Chief has told us he is writing more citations because the police are patrolling the Township and he feels anyone canít say they havenít seen the officers and in fact people are complaining about them writing more citations such as stop signs being run and tail lights or head lights out. He said theyíre writing more citations that way but just not as many on 22. He said weíre back to putting a price tag on safety and thatís why we increased the number of police. Stephens said that was all he was asking. . .was to bring down the number of accidents to save lives. Bracken said when this started, the State sent letters to our Police Department saying they wanted the accidents cut on 22 and they cut them from about 450 year to 50 when they were patrolling on the ramp all the time. He said now theyíre not patrolling on the ramp so the accidents are picking up and many of the accidents are right where they used to patrol from below Dulashaws and down. He said he knew because he run on all the accidents with the ambulance and Fire Company. Baker said just about every morning for awhile just around Dulashaws there was an accident.

Stephens said we need to get out and determine where the accidents are in any given space and if there is a problem area. Barbin said he thought PennDOT had reports or records on accidents along State roads. Baker said many of the accidents were weather related. Hirko said when you have a bad winter, an accident could even be a fender-bender. Bracken said the numbers reflect anything thatís reportable and doesnít mean there have been many fatalities. Will Michaels said if you have it all in the computer it could be pulled out when you have this public hearing and people could look at it and see where most of them are or what kind of accidents they are and that way you could have an understanding of whatís going on. He said to him he was definitely against them sitting down there because if they had time to sit down there, they needed to be in the other parts of the Township. Bracken said now theyíre in the other parts of the Township. Baker said at two meetings here, Chief Fatula stood here and explained about the officers being on Route 22 and how accidents decreased. Stephens said we need to rectify the situation and that can only come from learning and making this information available and thatís all he was asking. Steve Yurasek asked why the State Police canít take care of 22 and why should the Township Police have to patrol the four lane highway. He said the State Police asked him if they could set down there by his antique place back by the gate and they did a few times. He said when these cars coming ripping out of Benshoff Hill itís like a race track day in and day out. He said the other night they sat back by his crane and it didnít take long for them till they was after them and that goes on day after day after day. He said itís like a race track and there was a little boy getting off a school bus down there and one of these days thereís going to be an accident. He said let the State do 22 and they have more police up there than they know what to do with and all you have to do is go up there by the barracks and youíll scratch head and say, what are they doing. Bracken said sometimes at night thereís only 1 or 2 on and they might be in the Northern part of the County when we need them here. A vote was then taken. Vote-3 yes.

Public Comments:
Will Michaels
said the very first paragraph in the Jackson Township Newsletter where it says how sound fiscal management is, in his point of view if it wasnít for that garbage dump up there, people would be paying a lot of taxes and thereís a lot of money being spent because of that. Hirko said everything would be different. Michaels said you better believe it and heís saying itís too much money being spent and he hopes the Jackson Township Planning Commission drawing up the Comprehensive Plan do a better job on that then they did on that zoning. He said on last yearís State building code thereís a remark in here about it was going pretty good and he thinks somebody needs to get out there and look at that State Building Code and itís a bunch of crud and crap and itís all about control. He said itís not safety but money and if anybody in that building code tells me itís about safety, itís nothing but just money in their pocket including Larry Custer or whoever.

Chairman Bracken
announced that the Board of Supervisors next scheduled meeting will be held on Thursday, February 24, 2005 at 7:00 pm at the Jackson Township Municipal Building.

Stephens, second Baker to adjourn the meeting at 8:13 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary