March 11, 2010

 The Jackson Township Supervisors held their regular meeting at 8:00 a.m. at the Jackson Township Municipal Building. Members present were Supervisors Bruce Baker, John Wallet and Mark Westrick along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by Chairman Bruce Baker with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Executive Sessions Held:

Public Comments Concerning Agenda Items:
Steve Yurasek said, this piece of ground you're selling . . 8.4 acres. . .where is that located? Solicitor Barbin said, it's purchase. . .we're buying it. It's what left of Pete Boring's property up at the corner of Chickaree. Do you know where Pete lived? Yurasek replied, yes. Chairman Baker said, it's part of the Business Park parcels. . .the very corner.


Old Business:

New Business:
Westrick, second Wallet to adopt Resolution 02-10 which assigns responsibilities and authorizations for banking with Somerset Trust Company. Vote-3 yes.

Motion Wallet, second Westrick to enter into an Agreement of Sale with Frances L. Boring to purchase 8.4 acres in Jackson Township at the cost of $24,780.00. Vote-3 yes.

Motion Westrick, second Wallet to approve temporary Lease Agreement between Jackson Township and Walden Vorhauer for use of Woodland Park facilities for the 5th Annual Jackson Township Fishing Derby. Vote-3 yes.

Other New Business:

Public Comments:
Steve Yurasek
asked, where's our Gas Ordinance at now? I think you tabled it at the last meeting. Chairman Baker replied, it's still tabled. Solicitor Barbin added, it would require re-advertising it at this point because we've gone past the time it was permitted in there. . .we would have to put a new advertisement in. Yurasek asked, is that putting a hold on that situation on Leidy Lane? Barbin answered, no. . they can still apply. . .it would be the same as the McCann under the old. . .existing. . we should fix it but you heard the debate back and forth on how to fix it. Baker said, there's all kinds of issues there. Yurasek said, we need to do something fellows. . I'm tellin ya. . . you're gonna regret it down the road if we don't do something. Barbin said, we need to do something. George Burkey said, I'll tell ya. .that bottom road is taking a beating down there. Those water trucks that come in and out of there every 15 minutes. . .they don't stop. Baker said, they're fracking the well now. Are you talking Benshoff Hill Road? Burkey replied, yeah. . .I mean that's gonna happen anywhere you put one of those wells. Supervisor Wallet said, that's a State road. It's a 10 ton weight limit so they bond it. I know they bonded Mineral Point Road too. . they got a bond because it's a 10 ton weight limit. Burkey continued, they're runnin that road like crazy. . they're comin out at that intersection there. . those big trucks comin down over 271. . the hill. . something's gonna happen there with them pulling out. Baker said, they should be done this weekend. Manager Hirko said, they're fracking the well this weekend. Wallet said, that's a temporary thing. Burkey said, there's traffic going in and out all the time. Wallet replied, until they frack the well. . .they will be done shortly. Burkey said, I know but right now it drives you nuts down here. Wallet said, that's the nature of their work. . .that's what they have to do. Burkey said, that's what I mean. . you're going to get that in a residential area. I don't know. . that's up to you guys. I have some other things. We have the pump stations done except for a few minor items. . .punch list items. . . . and of course the restoration of the ground and everything. . you can't do it until the weather breaks. The pump station rehab work was done mainly because of the problems we had with the pump stations. . . not infiltrations. . that doesn't help that at all. We're gonna have that until we start cracking down on sump pumps, floor drains and things like that this summer. We're gonna start smoke testing and anywhere we find a floor drain or anything that's hooked into the system where we can get fresh water, we're gonna mark that property and when it rains, we'll go out and check the viewport and if we got fresh water, we're gonna start fining them. . they're gonna have to correct it. We got a big problem up here we didn't know about. . on Dolans. They just had to rehab their whole pipe thing and put a new pipe in. . . their whole service line was crushed. . .who knows. . and that's all a wet area there and we were gettin a lot of water and we didn't know it. Baker asked, it was crushed and going through the pipe and infiltrating it? Burkey said, yeah. . the whole pipe was crushed from something. . I don't know what happened but the whole service line was a mess. They had to repair that. When we get a storm, it happens so fast then all of a sudden it just quits so it might be just surface water we're gettin from somewhere. Barbin said, you got a limit of time that you can go out and spot. . look. In Nanty Glo, they got the Volunteer Fire Company to come out because there's nothing short of a whole bunch of manpower that's gonna identify that. They have to be there at the right place at the right time and walkie talkie or report back so the engineer can start working on measurements for each one and that's what Nanty Glo did and they got themselves back within their limits. Nobody else around here as done that. Burkey said, we're gonna have to get some help because we have two guys and they can't cover this whole Township. Barbin replied, no. . two guys aren't gonna to solve anything except a single house, serious problem. Burkey continued, but if we do those smoke tests and find out where some of these areas are, we can check them when it rains. We have an idea where it's coming from because of the way the pump stations are acting. You get a storm and your electric bills are up and your clothes and everything. Barbin said, you may want to talk to your Solicitor. There's a State Law that says that any violation of a rule of the Authority is a Summary Offense. . I tried to file a citation for that in Hastings for the West Branch Sewer Authority and the Magistrate said no. . there's no penalty for that prescribed in the Statute. I called the Administrative Offices for the Pennsylvania Courts and they said that they dealt with it and they don't consider that a violation of the Statute to prosecute under which means you pretty much need an Ordinance. Talk to your Solicitor and let him come back with what he says he wants. . come back and work out how you best want to approach that but you may need an Ordinance when you get to the point that you have Smoke Test violations and Viewport violations and what do you do at that point? You might want to be able to take them to the Magistrate. . there's a problem with the existing laws. . it could be solved. . you just make it an Ordinance violation. You can talk at your meeting about that. Burkey said, with pump station rehab what we did. . .we mainly by-passed the pumps that if something happened to both of those pumps in the ground and the pump station went out. . we had nothing. . if that would have happened to part of our pump station we couldn't have done a thing. These guys come up and pump them out with their trucks but that's not a good idea anyhow so now we can have a pump in there in an hour to take over the pump station if something happens or if we want to repair something, we can shut the pump station down and put a bypass in there. That was one of the major reasons plus a few electrical problems that we had but everything is working good now but like I said, we do have to find that other stuff. The other thing, we had the meeting with the Tax Collection Committee. . it was your meeting night and the same thing this month. . .the same Thursday. . the last Thursday of the month. Barbin asked, there's an assessment. . .isn't there. . .proportional? Hirko said, yeah. . we have that. Barbin asked, that will go on the end of the month meeting? Hirko answered, yes. . it will be on the bill list to be approved. Burkey said, everybody is assessed a certain amount. Barbin said, it's not real much. . under $500. Burkey said, it's based on your population and the income you get from that. Whoever gets the most money pays more. Barbin added, I saw it for Adams and they approved it. Burkey said, the Budget was set up for $25,000 so that's what we had to collect and that takes care of the Solicitor and any bills that we'll have until 2012 when they start collecting the tax. Anybody who doesn't pay their share will have it deducted from their money. Barbin said, they'll get it that way plus interest. Burkey said, there's nothing. . .the By-Laws. . the way they vote. . .basically we're there to listen but one thing they did do. . they put some of the members from the municipalities on their Management Committee. . in fact, they just put two more on it. Ray Gorman was there, there was another one. . .Joe Sherwood's on it now and man from Johnstown so there is some representation on the Management Board. Kim Stayrook's on there and so there is some representation. The one good thing that I think's coming out of it is that they're going to go with a 3rd party collector instead of trying to set up their own. Barbin said, because the costs just start to get out of hand. Burkey said, Jim Kennedy was there from Berkheimer at the last meeting. . they're ready to go anytime. Baker said, that was a concern. . would a 3rd party be able to handle everybody and I'm sure he reassured them that they could. Barbin asked, they hired Berkheimer? Baker replied, they'll put a RFP out. Burkey said, we have to have an RFP by June and we have to have somebody selected by September of this year. The only thing that they were discussing was the interchange between Berkheimer or whomever they hire and whoever is collecting their taxes now. They have to get all the records and everything. I said to them though that if they hire Berkheimer we're in good shape because they have all the records but I said to him that if the end of this year if everybody hired that same person to collect all their taxes next year they could be. . .and Jim said it would be possible. . .they could do it if everybody does that. . it's up to them. . it would be a lot easier. Barbin said, and we or any other municipality could do that after you select in September. . .after the Committee selects somebody. Burkey said, yeah. . .if we select somebody other than Berkheimer if you wanted to switch. . .you'd have to make sure that they could handle it between then and now because you don't want to lose money. . that's for sure. I think things are going as good as can be expected. The first meeting it went to. . you know what I mean. Baker said, yeah. . it really looked lopsided. Burkey added, we're all in the same boat and they understand that. We got to do it right to get the money. The School Board has to have all the money they can get and so do we. Barbin said, everybody has the same interest. . . not letting people skip through and pay the tax.

Chairman Baker
announced, The Board of Supervisors next scheduled meeting will be held on Thursday, March 25, 2010 at 7:00 pm at the Jackson Township Municipal Building. The Jackson Township Lions Club along with the Jackson Township Recreation Commission will hold their 4th Annual Easter Egg Hunt at Mitchell Park on Saturday, March 27, 2010 from Noon till 1:00 pm.

Motion Wallet, second Westrick to adjourn the meeting at 8:16 a.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary