February 27, 2003

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. in the municipal building. Iit was noted that there were too many people for the occupancy limit of the meeting room.

Motion Baker, second Bracken to adjourn the meeting and reconvene the meeting at the Jackson Township Senior Center at 7:30 p.m. Vote-3 yes.

The meeting reconvened at the Senior Center. 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 for the three Supervisors present.

Public Comments Concerning Agenda Items:

Ed Westrick commented on Resolution 02-03 and asked whether it was old or new business. Solicitor Bill Barbin stated it was setting a procedure for conduct of the meeting. Supervisor Stephens stated that in the past the public comment was shut off and stated that all comment should be presented in itís entirety and was in favor of having a time limit substantially longer than 15 minutes.

Baker, second Bracken to adopt Resolution 02-03 setting meeting procedures. Vote-Bracken & Baker-yes, Stephens-no


Motion Baker, second Bracken to approve the minutes of the January 30th meeting. Vote-Bracken & Baker-yes, Stephens no because he felt they were incomplete.

Township Financial Report:








GENERAL $     45,183.29 $   44,775.71 $   48,542.75 $     41,416.25
CAPITAL RESERVE $ 1,034,094.81 $   55,206.31 $   22,188.07 $ 1,067,113.05
STATE HIGHWAY AID $     36,022.67 $             .00 $   17,137.16 $      18,885.51
SR. CENTER FUND $     40,371.36 $     2,375.00 $     5,232.04 $      37,514.32

Baker, second Bracken to approve the bills from January 31, 2003 to February 27, 2003; General Fund-$48,542.75, Highway Aid Fund-$17,137.16 and Senior Center Fund-$5232.04. Vote-Bracken & Baker-yes, Stephens no because he felt some of the bills paid were not properly processed.

Township Police Report
The January, 2003 Police Report submitted by Police Chief Bob Fatula was presented. The figures included 177 - 911 calls dispatched to the police. Reportable incidents were as follows: Harassment-8, Thefts-2, Assault-1, Criminal Mischief-1. Total accidents handled were 11. Non-Traffic Citations issued were 2. Traffic Citations issued were 7. Criminal Arrest included the following: Harassment by Communications-1 and DUI (Driving while under the influence)-1.

New Business
Larry Custer
of the Cambria County Redevelopment Authority spoke on the 2003 Community Development Block Grant Entitlement which he estimated would be approximately $123,000. He said that at two public hearings, the majority of residents attending expressed a desire that CDBG monies be used for extending water lines to the Wagner & Pintail Roads of Jackson Township. He went on to say that many people in that area have poor quality water sources and the proposed new lines would tie in with the High Ridge Water Authority in Indiana County. The total cost was estimated at $650,000. Mr. Custer also answered several questions of the residents attending.

Motion Stephens, second Baker on approving an application for 2003 CDBG entitlement monies for providing water to the residents on Wagner & Pintail Roads. Vote-3 yes.

Mr. Custer then told those attending that with Board of Supervisors approval he would like to apply for competitive funding of $350,000 in order to supplement entitlement funds for the project. The criteria for applying revolves around health & safety and he felt that would be met due to concerns of the PaDEP along with having no fire protection for those residents.

Motion Stephens, second Baker on approving an application for 2003 CDBG competitive funding for the Wagner & Pintail Road Water Project. Vote-3 yes.

Mr. Chuck Meyers of Lehman Engineers said that they were asked to help the Township comply with the new Pa DEP regulations regarding the NPDES Phase II requirements. He said that over 1000 municipalities in urbanized areas of PA were now required to develop a stormwater plan to address pollutant runoff or stormwater discharge. Jackson Township was required to comply due to water flowing from the Township into the Hinckston Run Watershed. He said the program would be phased in over a period of 5 years to be completed in 2008. Mr Meyers said that the first phase would involve sending out flyers and getting the public involved. He stated that the Township has filed their intent to comply and that Lehman Engineers would continue to work with the Township to meet all requirements made by the PaDEP. Mr. Meyers answered several questions from the residents attending.

Motion Baker, second Stephens on transferring $6913.03 from the Capital Reserve Fund to the General Fund - $4,133.23 for Gas & Diesel Fuel, $870.00 for increase in Treasurerís Bond and $1,909.80 in overtime charges for road workers for Winter maintenance. Vote-3 yes.

Motion Baker, second Stephens on transferring $2370.00 from the Capital Reserve Fund to the Senior Center Fund: $2370.00 for a Kiln Exhaust System. Vote-3 yes.

Motion Stephens, second Baker on approving the time sheets for January 19, 2003 to February 1, 2003 and for February 2, 2003 to February 15, 2003. Vote-3 yes.

Motion Stephens, second Baker to authorize the advertising for Heating Oil, Premium No Lead Gas and Diesel Fuel. Vote-3 yes.

Motion Stephens, second Baker on authorizing the submission of the PennDOT application for County Aid for road projects. Vote-3 yes.

Motion Baker, second Stephens to adopt Resolution 03-03 agreeing to pay 1/4 of the annual energy and maintenance costs for lighting along Route 22 interchanges and jug handles. Vote-3 yes.

The Supervisors noted that no offers were received on the 1990 Chevrolet Caprice which was advertised for sale in the Nanty Glo Journal.

Solicitor Barbin explained that the new Policy would adopt a procedure to dispose of property valued at under $1000. He stated that Richland Township used this procedure and that the Township Manager was empowered by the Supervisors to obtain an estimate of fair market value and dispose of the property accordingly. The Policy also specifies that the Supervisors can decide if they would like to donate Property as permitted in the 2nd Class Township Code.

Motion Baker, second Bracken to adopt Personal Property Sale or Disposition Policy for Jackson Township. Vote-3 yes.

Supervisor Stephens asked Solicitor Barbin if the Board could legally make something retroactive. Barbin stated that he believed you could as long as you didnít favor one person. Stephens said that perhaps some people may have wanted to file a variance last year but didnít do so because of the cost. Barbin said that those residents could still file a variance now for what they wanted to do.

Motion Baker, second Bracken to refund residential appeal fees paid to Joe Miesko and Charisse & Michael Connor. Vote-3 yes.

Solicitor Barbin told those attending that this was a Supervisor sponsored amendment and that the next step would be to send it to the Jackson Township Planning Commission where they would then schedule a public meeting and then send it to the Cambria County Planning Commission.

Motion Baker, second Stephens to submit proposed zoning map change for Steve Yurasek property to the Jackson Township Planning Commission. Vote-3 yes.

Motion Stephens, second Baker to approve a member of the Zoning Hearing Board to attend a seminar on zoning law and administration scheduled for April 5, 2003 at the Penn Stater Conference Center Hotel in State College. Vote-3 yes.

Other New Business:
Motion Baker, second Stephens to authorize the Township Manager to sell the 1990 Chevy Caprice. Vote after hearing public comments -3 yes.

Public Comments:
Betty Lou Shoup stated that the Township should consider donating the vehicle to Admiral Peary Vo-Tech for them to work on and then sell for whatever they could get for it.

The motion was amended to read as follows: Motion Baker, second Stephens to authorize the Township Manager to offer the 1990 Chevy Caprice to Admiral Peary Vo-Tech School and if they werenít interested to dispose of the car for the most money offered.

Motion Baker, second Bracken to have the Township Manager dispose of firewood / treetops from the Mitchell Field Timbering. Chairman Dave Bracken decided to table the motion after hearing public comments.

Public Comments:
Clair Michaels commented that the Township should have good insurance in case someone cutting wood at the Park would be injured. Supervisor Barbin stated that he represents two local water authorities where they have been letting people cut wood for years. He stated that each person must sign a full release. He stated the Municipal Torte Claim Act says a municipality is not liable for damages to another person unless it would fall in one of 8 categories and cutting timber was not one of them.

Ed Westrick asked if those cutting the left over wood would be responsible for any property damage they may cause. Solicitor Barbin said the wording would be in the standard release form that they would be responsible for any property damage incurred.

Joe Baxter asked if the timber would be sold for home usage or for resale. Solicitor Barbin stated that if the Supervisors identified property that needed to be disposed of that the Township Manager would work that out over time with what he felt would be best.

Rick Fetzer asked if there would be a time limit for cutting the wood. Solicitor Barbin said the release would identify a time frame.

Supervisor Stephens asked who would be responsible for making sure there were no ruts or trees cut down. Solicitor Barbin said it would be someone from the Township. Stephens said it could involve paying someone an hourly wage to do that. Stephens asked if the forester doing the timbering was going to do the clean-up of extra tree tops and branches at Mitchell. Manager Hirko said he would check with American Forestry for that information. Stephens said it may be better to have a few people than many cutting the wood. Hirko said perhaps the number of persons could be limited and that someone from the Recreation Commission could be alerted as to when someone would be cutting the left over wood. Stephens asked Barbin for his legal opinion on the selling of timber on Mitchell Field. Stephens went on to say that a provision in the law states that a judge should have granted approval to timber. Barbin said it would depend on what is written in the deed. Don Knopsnyder and Frank Singel stated that the School Board specified that the property be used for recreation purposes only when they donated the property to Jackson Township. Bill Headrick said that there was timbering done prior that was not used for recreation by the Snowmobile Club. Mr. Headrick stated that the Snowmobile Club leases land from Jackson Township at Mitchell Park. Stephens said that we would have to look into the Mitchell Field agreement.

Motion Stephens, second Baker to lower the EIT tax by 10%. Vote after hearing public comments - Stephens-yes, Bracken & Baker-no

Public Comments:
Bill Headrick asked how much comes to the Township from EIT. Stephens stated about $289,000. Mr. Headrick said this was the largest tax that comes into the Township. Mr. Stephens said that from with interest of 4% if a million dollars in the Capital Reserve Fund that the decrease wouldnít cost the Township anything. Mr. Headrick pointed out that everyone doesnít pay the EIT tax so it wouldnít benefit all the residents.

Supervisor Bracken stated that the School Board will charge the additional amount that the Township would reduce their Ĺ by thus the residents would be paying the same anyway.

George Burkey said that you canít predict what the EIT tax will be because of people that may be unemployed.

Solicitor Barbin says the Township and School District together canít charge more than 1% total to the residents and currently the Township and School District each get Ĺ percent each.

Supervisor Baker pointed out that because of the budget, it couldnít be done this year. Barbin said it would have to be for next year because of DCED reports already submitted to the State.

Rick Fetzer said that the Property Tax reduction previously passed by the Supervisors helped the residents.

Motion Stephens, second Baker to do what is necessary under Section 1576 of the 2nd Class Township Code where there is a provision for the Township Supervisors to take control of neglected cemeteries and do what is necessary to bring them up to date. Motion Stephens to table this issue until the June meeting after hearing public comments. The motion died from lack of a second. The original motion prevailed. Vote-Stephens-yes, Bracken & Baker-no

Public Comments:
Don Knopsnyder asked if the cemeteries in question were abandoned or on private property. Supervisor Bracken said they were on private property. Solicitor Barbin noted that the property owners should be notified that they have a neglected cemetery and if the Township would go in and do the work, the owners of the properties would have to be charged.

Rick Fetzer stated that he grew up near the Jack Rager Cemetery and that it is a wooded cemetery and he would not want to see the woods removed.

Anna Dickert said that they have mowed and maintained the cemetery on their property. She asked Stephens if he had looked at the cemetery? She stated hardly anyone ever comes to the cemetery and over the years some volunteer groups have helped. She stated that the cemetery is well maintained.

Betty Lou Shoup asked how many neglected cemeteries were in the Township?

Bob Ditchcreek who owns the property where the Lyle Cemetery is located stated he had it cleaned up many times. He asked Supervisor Stephens why he never stopped at his house to express his concern about the cemetery conditions in question. Mr. Ditchcreek stated he tries to maintain the cemetery to the best of his ability and that there is not a stone broken or moved. He said he gets about 1 or 2 people a year who visit the cemetery and stated anyone is welcome to visit the cemetery and all they need to do is ask him.

Dale Wyse said he participated in a volunteer clean up with a church group a few years back for the Dickert Cemetery and that it was in good shape when they went there.

Joe Baxter asked why couldnít volunteers and groups do more of this type of thing by just being neighborly.

Dave Lester commented that the Lyle Cemetery was very nice and he offered the help of the Conservancy he is associated with if volunteers were need to help do any maintenance or clean-up work.

Renee Dickert stated that there are no problems with the cemetery and if it ainít broke, donít fix it.

Supervisor Baker stated that if the Township would step in and supply labor and materials, Section 1536 of the 2nd Class Township Code states that all costs would be charged to the property owner.

Supervisor Stephens stated that he received a letter from the Nanty-Glo Historical Society.

Supervisors Bracken and Baker asked if anyone asked the property owner and that they should have been notified.

Linda Lester asked who determines that cemeteries are neglected?

Supervisor Baker stated that these cemeteries were presented as being in deplorable and neglected condition yet nobody talked to the owners of the properties. He felt they should have been talked to first as now we have some insulted residents.

Bob Ditchcreek stated he was not opposed to anyone helping to maintain the cemetery.

Dick McDowell suggested that this item be tabled until Spring when the Supervisors could make an inspection of the cemeteries. He stated that he visited the Jack Rager cemetery several years ago and found it was overgrown and deteriorated condition.

Supervisor Stephens agreed on tabling the issue until Spring when an inspection could be done.

Motion Stephens that the selling of any selected cutting of timber on the Lorainne Property is done so within all State & Federal Laws, and that all monies received from the selling of any timber or resources from this property be used exclusively to improve the Township owned Lorainne Property. Motion died from the lack of a second.

Motion Stephens that all Roadmasters, Township Road Foreman, all Township Agencies and any Commissions, Authorities and Departmental Heads give a monthly report to be read to the Supervisors at the Monthly Meeting describing what they have done or plan to do in the future. Motion died from lack of a second.

Motion Stephens that all hourly employees have on the site of the Municipal Building a time in which they start and stop working.

Motion Baker, second Bracken to call an Executive Session to discuss personnel matters. The Supervisors went in to Executive Session and returned in about 10 minutes. Stephens original motion died from lack of a second.

Motion Stephens the Chairman of the Board of Supervisors accept the responsibility as defined under the Emergency Operation Plan and help instruct the rest of us and the public and if necessary, conduct public meetings so we know exactly what the emergency plan entails. Motion died from lack of a second.

Motion Stephens, second Baker that all future newsletters be approved by a quorum of the Board of Supervisors as to content, accuracy and or approval of expenditures. Vote after hearing public comments - Stephens-yes, Baker & Bracken-no Baker explained his reason for voting no by saying that Stephens had sent a certified letter asking 8 questions about the newsletter and Manager Hirko responded to every question.

Public Comments:
Delores Kimball stated that thanks was deserved for the newsletter and a job well done.

Bob Benedict asked why something wasnít put in the newsletter about what Ordinance # 118 was doing to Bob Harperís property. He asked why Solicitor Barbin was writing back to PennDOT telling them that he couldnít rebuild on his property because it was zoned Agricultural. Solicitor Barbin stated that this was a false statement. Stephens stated that under the Sunshine Law, he believed questions could be asked and that citizens could expect an answer.

Public Comments (other):
Supervisor Bob Stephens stated that the Comprehensive Plan should be reviewed every 2 years. He believed that the last time it was updated was in June of 1991. He proposed that the Board take action to comply with all laws concerning the Comprehensive Plan. He also stated that Ordinance 118 specifies that all permits must be accompanied by a site plan and that all permits didnít have them. Stephens asked that the Chairman of the Board let the public know about the emergency procedures in the Emergency Management Plan. Stephens questioned whether Supervisors Bracken or Baker would know who is the first, second or third person in command in the Emergency Management Plan.

Supervisor Baker stated that he had tried to update the Comprehensive Plan as well as June Stephens and at the time they approached the Supervisors Board, they werenít permitted. On the Emergency Management Plan, Baker stated that Stephens just got a copy yesterday and read it last night. Baker stated he knew exactly what Stephens was asking and he did know about it.

Joe Baxter stated that at the last meeting it was stated that it took 10 years to save $480,000 and only the past year to save one million dollars. He stated this was untrue as over the last six years over one million dollars was spent on upgrading Township offices and facilities, police department, fire company, road department and by using these funds have helped bring Jackson Township into the 21st century.

Guy Ellenberger asked what was being done to address the testing at Leidy Park. Solicitor Barbin stated that a letter has been sent to Norac Labs about what terms and conditions would be in their offer to test Leidy Park and if they would provide any guarantee.

Eugene Kist said the last time a meeting was held at the Senior Center, there were 2 or 3 officers there and during the meeting, his house was robbed. He also questioned what would be done with non-conforming properties as well as a possible conflict of interest at the Vacancy Board Meeting. Supervisor Baker said a letter went out to Mr. Kist today. Baker also stated there was no conflict of interest as there was no monetary gain.

George Burkey stated that while he was Secretary-Treasurer the revenues from the Landfill only amounted to about 8 or 9 thousand per month and that there is much more revenue now.

Rick Fetzer asked the Board to develop a policy on non-conforming uses for the Zoning Officer.

Will Michaels Jr. said Ordinance # 118 has to go. He asked what method could be used to show that the majority of people donít want this ordinance.

Clair Michaels stated that if the Township would have listened to him, they would be in much better financial shape now as he had advised Mr. Burkey to put Ĺ of all revenues from the Capital Reserve into a bond.

Will Michaels said his savings from the big tax decrease the Township gave him was about $4. He also stated that the newsletter is propaganda. He also said that money was misused from the landfill.

Bob Albright on behalf of the residents on Old Nanty Glo Road wanted to thank the Board of Supervisors for the newly installed street light.

Motion Baker, second Stephens to adjourn the meeting at 10:06 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary