March 25, 2010

The Jackson Township Supervisors held their regular meeting at 7:00 p.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 Bruce Baker, Chairman with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Executive Sessions:

Public Comments Concerning Agenda Items:
Steve Yurasek said, we're running out of money boys. You're gonna be out of money before the end of the year if you don't curb expenses. Eugene Kist said, I tell you what. . you have to start running this like a business and you can't keep doing this. You guys got a hell of a job. . I know that but this should have been thought about years ago. . not just now. How are we going to pay these bills? How much in debt are we? Solicitor Barbin replied, there is no debt. Kist replied, that's wonderful but $26,000 is no money. . not today. Thatís a drop in the bucket. . .that ainít gonna buy you a vehicle. Youíll have to start tightening your belt a little bit. People might not like it but youíre gonna have to.

Wallet, second Westrick, to approve the minutes of the Board of Supervisors Meetings held on February 25, 2010 and March 11, 2010. Vote-3 yes.

Township Financial Report:







$     9,737.12

$  141,912.47

$       76,592.55

$   75,057.04


$  920,289.96

$   11,558.26

$   * 207,759.14

$  724,089.08


$   81,080.27

$  152,315.14

$         9,844.11

$  223,551.30


$   32,364.27

$     2,666.97

$         1,851.62

$   33,179.62


$   62,608.57

$           7.75

$                .00

$   62,616.32

Westrick, second Wallet to approve the bills for the period of February 26, 2010 through March 25, 2010. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$      76,592.55

$       9,844.11

$      1,851.62

Township Police Report
The February, 2010 Police Report submitted by Police Chief Bob Fatula was presented. The figures for February were as follows: 911 Calls dispatched to Police: 226 Reportable Part I Crimes: 4 broken down as follows: Larceny-4 Reportable Part II Crimes: 18 broken down as follows: Receiving Stolen Property-5, Disorderly Conduct-2, Vandalism-2, Drugs-1, DUI (Driving While Under the Influence)-1, Forgery-1 and all others-6. Calls Resulting in Cases: 13, Total Arrestees: 6, Total Suspects: 0, Total Victims: 9, DUI Arrests: 1, Traffic Citations: 5, Non-Traffic Citations: 2, Total Warnings: 0


Old Business:

New Business:
Manager Hirko
said, we only received one bid from Luther P. Miller. We sent out to seven different companies and people arenít interested in bidding on fuel right now. I compared that with what we had last year and basically itís the same rate above the OPIS rate. . I think itís $1.95 so thereís no change in what they were currently charging. Solicitor Barbin said, it appears that everything is in order.

Motion Wallet, second Westrick to accept bid from Luther P. Miller for Heating Oil, Regular No Lead Gas and Diesel Fuel. Vote-3 yes.

Motion Westrick, second Wallet to authorize the submission of the PennDOT application for 2010 County Aid for road projects. Vote-3 yes.

Motion Wallet, second Westrick to approve Restated Pension Plan Document for Officer Melanie Rininger of the Jackson Township Police Department. Vote-3 yes.

Motion Westrick, second Wallet to accept the resignation of Ken Smith as Part-Time Police Officer with Jackson Township effective March 31, 2010. Vote-3 yes.

Motion Wallet, second Westrick to contribute $500 to help support and continue the operation of the Cambria County Sewage Enforcement Agency. Vote-3 yes.

Motion Wallet, second Westrick to approve Capital Reserve Fund bill list for the period of February 26, 2010 through March 25, 2010 and transfer $ 21,642.75 from the Capital Reserve Fund to the General Fund. Vote-3 yes.

CAPITAL RESERVE FUND BILL LIST (02/26/09 - 03/25/10)


Purchase Detail


Naugle Insurance Company

Down payment on 2010 Insurance Policy

$   12,796.25

Luther P. Miller

Fuel & Heating Oil

$     6,371.50

Richard Sutter & Associates

Business Park Project

$     2,475.00


$  21,642.75

Motion Westrick, second Wallet on approving the time sheets from February 21, 2010 through March 6, 2010 and March 7, 2010 through March 20, 2010. Vote-3 yes.

Other New Business:

Public Comments:
Eugene Kist said, Iíd like to make a comment. . . You gentlemen all just pledge allegiance to the United States. . .the last four words. . . 1984 I had a suit filed against Jackson Township for fill on a Vinco property at Allbaugh Park. Mr. Hirko. . .I gave a copy of that back to him. Itís been over 25 years and I never received one pound of fill on that property. Now do they go by the Constitution. . .what they agreed there? Itís over 25 years I pay tax and Iíve never got one pound of dirt on there. This is outrageous. Iíve brought this to the attention of Boards before and they just ignored me. If thereís any excess fill, can I have it on that property? It was approved and everything else. I give Mr. Hirko a copy from the State and Federal Government. Solicitor Barbin said, my understanding. . .I heard about your case at the time but I wasnít the Solicitor then. Kist said, you werenít even an attorney then. Barbin replied, yeah. . in Ď84 I was an attorney. . .I was here. I heard about your case at the time. My understanding when talking to the Solicitor at the time was that Jackson Township did away with giving any fill to anybody so that thereíd be no complaints. Kist said, no Mr. Barbin, youíre wrong on that point. Theyíve hauled fill past my property to other properties. Barbin said, when you filed your suit, you won your suit. They settled your suit and you won your argument. . you were right and they were wrong and they stopped giving fill to anybody after that so that they didnít have to worry about it. Kist said, they still give it out. Chairman Baker said, yes. . we do that. Kist said, hell, Iím not stupid. Barbin replied, I was unaware of that. Baker said, if weíre on that side of the Township, weíre not running to this side. Kist said, in your area. . thatís all Iím asking is to be treated equally. Barbin replied, and we have an obligation to do that. Baker added, we have a Policy that says that. Kist said, ok. . I have another point here. . .that property down by Vintondale with the sewage problem. I talked to Mr. Wray on that. The Amish. . they fined them. . they put them in jail. They have solid waste. . the Amish do. Cambria County has a Code that you mix your solid waste with water to go in the septic tank. Am I correct or not? That guy down there is running it out. That sewer line down there. . I previously put a line in to eliminate that in front of that property I own. Baker said, thatís a water line. Kist said, ok. . .his septic tank is approximately 8 feet from the main thoroughfare and comes directly from the septic tank and runs right out on the public thoroughfare. Mr. Wray is familiar with this. Children are walking through this every day and getting on a school bus going to Central Cambria. Theyíre parading right through it which I donít think is very sanitary. Itís raw sewage and running down the new water line they have there. They just put in a new water line. . . right over it they broke this line that I had in and instead of putting the seals and pipes the way it was they split a pipe and thereís raw sewage running right over that water line to go into that property. The neighbor has the same problem. . .raw sewage running right down in there. You can down right now and take pictures of it. Mr. Wray has pictures of it. . . .running right down on the road. That is the same as taking your water line and running it up through your commode and then up over the sink. Do you think that would be proper? Would any of you people put up with that?. . .coming right out of the commode and into your sink? This is it. . .Mr. Wray is familiar with this situation. They say they canít do nothin about it. . now this gets me very angry. . . .it shouldnít be. Thereís a lot of traffic on that road and they run through it every day of the week. God knows where itís carried to. Iíd like you to know itís the responsibility of the Township to take care of health hazards. What are you going to do about it? Barbin replied, make a complaint to the Sewage Office. Kist said, no, no Bill. Iíll show you something. Baker added, weíre well aware of the problem and weíre working to make it the best we can right now. Kist said, each one of you gentlemen can have a copy of this article form the newspaper. WJAC has pictures of it. Barbin asked, is there any feasible solution on site? Baker said, for on lot disposal system, no. Kist said, last week when it rained, there was green going down with toilet tissue. Now when I had this pipe installed, I did it at my own cost and everything went down past my property and run out on the next property. . . . now there is approximately 14 families down there thatís being affected by this running past their place down into a stream. Barbin asked, what runs in the pipe that you put in? Kist replied, the sewage runs. . I put it right out into my property. The Contract that put this in cut it off and itís completely full of dirt. It was approximately in there 4 years and this year it hasnít worked at all. . itís completely full of junk. Barbin asked, is it sewage or what is it. Supervisor Westrick said, you just did that to bypass. Kist continued, also the water from the State Highway. . I take a lot of that too. Mr. Wrayís familiar with the type of pipe thatís in there. Itís Grade A Pipe. . the best you can buy and it was all sealed. The contractor that put it in tore it apart and put it in not the way it should have been put in. Now. . .it was in approximately 3 years before and never clogged once. Now itís clogged up and when he cut the pipe, he didnít put seals in. . he just took another piece and slid right over it right where the tap goes into that property and the sewage is trying to run out. . .run along the water line that goes right into the property. . . .raw sewage. Baker asked, so the whole reason the sewage is running out is because that pipeís plugged? Richard Wray said, the pipe is plugged and the Contractor was instructed to replace the pipe and restore it as he found it by not only our firm. . .Larry Custer. . PennDOT. The Contractor is ignoring all parties involved. Kist said, and this is pure raw sewage coming right from the septic tank roughly from here to you running right out on the thoroughfare. . right out on the road. . running approximately from here to the middle of the road. Steve Yurasek said, you can get a bond though. . canít you John? Supervisor Wallet replied, I donít know Rich. . . do we still got his bond . . are they holding it? Wray replied, yes they are. . and retainage. Wallet asked, so canít they go against that and have it repaired? Wray replied, thatís our recommendation. Yurasek said, when we do a job and do something wrong, they go against the bond. Kist continued, ok. . the Contractor is wrong. . you realize that but the individuals that are running out on the road. . thatís an illegal problem. . I worked with problems like that all my life. Barbin asked, did their sewage run into your pipe before? Kist said, no. . it run right down the road. Barbin asked, it never run into the pipe you put in? Kist answered, yes . . it ran into the pipe but on the property I own it went underneath the ground. . it wasnít on the surface. Barbin asked, but it didnít run in the same pipe though? Kist replied, yes. Westrick said, you put that pipe in so it would by-pass your property. Kist said, hereís a property here. . up here. . their sewage comes out up here and it run in a ditch before down through my property. I dug this all out and replaced all of the soil with clean soil and put the pipe underground. It come out down here at the end of my property. It was not on the surface. Barbin asked, the sewage thatís running out now. . did it run down in the pipe that you put in? It did for several years? Kist said, it did but now itís running right out down the road. Wallet asked, do you have a problem with that sewage going down into your pipe? Kist answered, no. . thatís why I put the pipe in . . to take care of the sewage. Barbin said, and he didnít complain then. He took care of it and solved the problem himself but now the Contractor ruined his pipe and heís not about to put a pipe in the second time. Kist said, also, thereís sewage running right out on the road and thereís children walk out of there and walk right through the sewage, get on a Central Cambria bus and go to school every day of the week. . . plain raw sewage! Now last week, I looked and there was green with toilet paper tissue running right through it. . . this donít go over with me. . I was raised better. . our hogs would go into one corner and back into it. Barbin asked, so has Larry Custer taken action against the Bond? Wray replied, no. Barbin said, so we could. . itís not our contract directly. . itís Larry Custerís contract. . . I know youíre aware of that but we could take an action and ask Larry Custer that if he canít get the Contractor to resolve this immediately, we want him to take action against the bond. A letter coming from us saying that should help. Kist asked, what about the individual thatís running it right out? Barbin said, thatís in the process. . .thatís been referred to the Sewage Enforcement Office . . theyíre handling it with DEP. Kist said, in the 50's I put a lot of that sewage through Richland and all around and before it runs through a field drain it would seep out. Here is goes right to the tank and right out. . they liquidize it and put it right out on the road. Barbin asked, how close is his house to the road? Kist said, itís very close. Barbin said, and thatís the root of the problem. Itís real easy for her to order somebody to put in a replacement sand mound or septic system if thereís some space but if thereís no space at all, you canít force somebody to do something they canít do. Kist said, thereís enough room there to put a field drain in and you could put a pump in. Jackson Township put pumps through grinders right down on the Benshoff Hill Road. . they put a Grinder Pump and pump it out to the road. Barbin said, a lot of systems have Grinder Pumps like that. What youíre describing is fairly common. Kist added, well. . it can be done. Barbin said, and what it sounds like is the Township has authorized a sewer project there? Baker replied, thatís what weíre doing. Barbin said, and that will be public sewage. Kist said, they say it will take approximately 3 years to do this. Manager Hirko said, they say next spring it will be tied in. Kist said, that is still too long. Would you want to go through raw sewage every day? Barbin said, there were about 150 complaints pending up in Reade Township. Iím doing work up there. Half the Township is turning in the other half for sewage problems and DEP said, we know the sewage project is coming and that was 2 years. . 3 years. . DEP considered that close enough to solve the problem. Kist said, well I donít consider that close enough when I see children walking through. . pretty near all you gentlemen have children in school. Do you want your children to be infected by walking through plain crap and then to school? They talk about these others diseases. . you donít know whatís on there. Itís not the disease. . itís the chemicals thatís on this waste. Barbin said, so the simple fix right now until the sewer goes in is to have the contractor fix that pipe so it goes back underground again. Kist said, but this system still runs out on the highway. Thereís no reason why it canít be fixed so the waste doesnít run out on the highway. Barbin said, given the amount of space there Eugene. Kist replied, space donít mean a damn thing in plain words. I worked on systems like that all my life. Thereís a way of doin it. . . just because them people have connections to a Federal Judge and a few politicians donít mean you can let them do what the hell they please. I can go further than that but I wonít. Thereís no reason for it. . you just get a run around. Barbin said, the Township has an obligation and DEP checks their Township for it to refer all complaints to a Certified Sewage Enforcement Officer and let them handle them in proper order with a Sewage Enforcement Officer. . it sounds like that is being done. . slow. . but the Amish thing took 4 years. Kist said, Mr. Barbin . . if I would take my truck and 4 or 5 buckets of manure and set him out on the road here, what would you do? Barbin asked, you mean set them across the road? Kist replied, no. .right in front of this building. What would the township do to me. . .raw sewage! Barbin said, weíd cite you for dumping waste. Kist asked, well what are these individuals doing. . they flush the toilet and you see tissues come out and run right down the road. . what is that? Now the Amish put solids in their waste. We put water in it and run it right out on the road and thatís ok? Barbin answered, no, itís not ok but it will follow itís proper order and Iím not a Certified Sewage Enforcement Officer. . there are two people of jurisdiction. . .a Certified Sewage Enforcement Officer and DEP. Kist said, and you are supposed to enforce the health. . you took that oath. Letís see what you can do. . the ballís in your court now. Baker said, weíll have to get back to Larry. Kist asked, now when you get water right here in your building would you let sewage run right out in your house? The gentleman across the road from me. . his runs right down in to where the spring is and now his springís ruined. We have city water and heís going to have to take city water.

Chairman Baker
announced, The Board of Supervisors next regularly scheduled meetings will be held on Thursday, April 8, 2010 at 8:00 AM and Thursday, April 29, 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.

Westrick, second Wallet to adjourn the meeting at 7:24 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary