March 31, 2011

 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.

Public Comments Concerning Agenda Items:

Wallet, second Westrick to approve the minutes of the Board of Supervisors Meetings held on February 24, 2011 and March 10, 2011. Vote-3 yes.

Township Financial Report:







$  46,615.13

$ 97,824.67

$     104,495.38

$   39,944.42


$ 703,198.69

$ 14,949.99

$       10,000.00

$ 708,148.68


$ 125,607.78

$       24.63

$       13,057.26

$ 112,575.15


$  32,739.59

$   2,620.51

$         3,601.18

$   31,758.92


$      102.21

$          .42

$                .00

$       102.63

Westrick, second Wallet to approve the bills for the period of February 25, 2011 through March 31, 2011. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$    104,495.38

$       13,057.26

$      3,601.18

Township Police Report:
The February, 2011 Police Report statistics 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

Manager Hirko said, we received a letter from John Bahorik dated March 11, 2011. Dear Supervisors, I own the Pit Stop Bar and Grill at 3840 William Penn Avenue and I am in need of your help. As you know we have a bar at the above location and occasionally have band and Karaoke. In the past there has been a neighbor complaining about noise from the bands. I have been to the house which is approximately 900 feet from our business and I canít hear any noise at that distance. The neighbor has notified the Pennsylvania Liquor Control Board and the first result was a $250.00 fine. The PLCB was here again two weeks ago with the same complaint and said it could result the same fine or worse. The office explained to us on the third violation the person in charge will be fined or arrested for disorderly conduct. This is serious as we could go out of business. The problem is that the PLCB law is so stringent that I donít know how to comply with it. He is asking the Township Supervisors to offer any help that may be available in resolving this problem.

Chairman Baker said, why donít we explore what we can possibly do and weíll send him a letter back. Tom Beyer said, they had the same problem with the Country Inn in Adams Township. Baker said, which was never resolved. Solicitor Barbin said, the Township didnít act there. The Township decided they werenít going to get in the middle of a fight there. Clair Michaels asked, what about a decibel read if he has the band again? Barbin said, PLCB rules say if they can hear anything when outside the building. . .the PLCB guy walks up to the door and if he can hear anything at the door, itís a violation. Hirko said, even if somebody opens the door and they hear music because the door was open because somebody was leaving. Barbin said, the option is the Township can request the PLCB remove some part of the Township from PLCB regulations as long as the Township agrees to enforce its own noise requirements, and a bar owner would want the Township to have that because the rule is a lot easier form the Township than from the PLCB. Michaels said, if you do that, how much would you move from that. . just his property. Barbin said, I went back and forth with that because you canít have one rule for one person and different rule for other people but under the PLCB you can. . I was wrong. You can block out any piece of ground and say this part is out of the PLCB. If there are a lot of close houses you may want to consider that but in this case, there isnít a house within 900 feet. You might want to refer this question to the Planning Commission as to how much. . Clairís question. . because that is the question. . . how much area do you take out of the PLCB jurisdiction. You could take the whole Township out or you could take out a specific area. Baker said, you could have an Ordinance that would be able to enforce. . .reasonable noise requirements without a decibel level. Barbin replied, yes. Michaels added, youíd only be taking PLCB problems out. Barbin said, youíd probably use the PLCB standard but at the nearest occupied structure. The unfairness of it right now is, itís at your door. It should be where a person has an expectation of privacy and quiet at their house and you could see how that could be a violation. Baker said, itís my understanding that heís petitioned State Representatives. Barbin said, we donít have a Noise Ordinance. Michaels said, and Iíd like to keep it that way. Barbin said, we have to have an Ordinance. Michaels said, you could really get into big problems with that. Barbin said, you have to figure out how it doesnít get abused and thatís the same with all Ordinances. Michaels said, people could get upset about their neighbors mowing their grass with a power mower. Baker replied, then something like that wouldnít be unreasonable. Barbin replied, thatís right. You wouldnít put a decibel level. With a decibel level, you could be asking for trouble. Michaels said, depends on what the decibel level would be. Baker said, well, letís explore our options and see whatís possible. Hirko said, it could just be the PLCB. Barbin said, for the process to work, you need to show the PLCB that this is what youíll use to regulate noise in Jackson Township. You guys have to hold a public hearing and then adopt a Resolution that we want this area of ground whatever it is taken out of PLCB jurisdiction and take that down to the PLCB and theyíll decide if they agree to it. They donít have to but they usually will because they donít have to address those calls. Hirko said, Ebensburg has one. Barbin said, yes. . the Castle Pub. Michaels said, if you put a Noise Ordinance in the whole Township. . now you got a big headache there. Barbin replied, I think we can do one without causing too much trouble. I know a bunch of people are going to comment on it. Michaels said, I hear the Garbage Dump every day and Iím more than 900 feet away. .how bout it? Iím over a quarter of a mile. Barbin said, and I hear the Pumping Station. . the Gas Pumping Station is always noisy. Michaels said, exactly and this is what Iím sayin. What if one of my neighbors would start complain or someone new moved in. Baker said, weíll look into all of the options available.

Old Business:

New Business:
Corina Long, CPA of Barnes Saly & Company, Certified Public Accountants, presented the 2010 Township Audit. Long said, we performed the Audit at the beginning of February and the Audit was completed within a week and the Township received a clean Opinion. . .an Unqualified Opinion which basically means that the Financial Statements were stated properly in all material respects. All required disclosures were made in the Financial Statements. We have no disagreements with Management and there were no difficulties encountered while we were doing the Audit and we are also independent of the Township. The Financial Statements as of 12/31/2010. . .the Township had total assets of $1,050,600. . no liabilities as of 12/31. Revenues for the year were $1,452,544 and expenditures were $1,751,580 resulting in a net loss of $299,036 Revenues for the General Fund only were $942,326 which was $45,466 more than what was originally budgeted so that was very favorable for the Township. The expenses were at $993,816 which was $54,956 more than what was actually budgeted, so that was unfavorable, so it resulted in a slight unfavorable Budget. Overall, the Township looks well.

Motion Wallet, second Westrick to authorize the submission of the PennDOT application for 2011 County Aid for road projects. Vote-3 yes.

Solicitor Barbin reviewed a bid from Luther P. Miller for Heating Oil and Diesel and found it to be good and in order. Manager Hirko said, this was the only bid we received and I sent to 7 different companies. Itís not a popular item to bid right now. Supervisor Wallet said, thereís no money in it. Barbin asked, did they give us an OPIS number. Hirko replied, yes. Barbin said .17 is what we got in Adams. . they may be a little closer. This is .20 plus OPIS. . thatís not far off of what we had last year.

Motion Wallet, second Westrick to accept bid from Luther P. Miller for Heating Oil and Diesel Fuel. Vote-3 yes.

Motion Westrick, second Wallet to declare the John Gresh property located at 235 Dishong Mountain Road a public nuisance and authorize the Solicitor to file an action in the Court of Common Please for abatement. Vote-3 yes.

Earl Link asked, how do you determine that somethingís a Nuisance? . . just from somebody complaining? Solicitor Barbin said, that and correspondence back and forth. This particular person has refused to answer any letters for a year and a half and he hid from the Constable when we tried to serve a letter on him. You donít want to go to Court because itís the most expensive way to go but thereís no other way to do it. If youíve driven down Dishong you can tell which property it is. You know which one it is right before the hill? . . the semi-trailer parked out front. Link replied, yes.

Motion Wallet, second Westrick to appoint Mary Ann Kaschalk as an Alternate Member to the Cambria County Earned Income Tax Collection Committee. 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 6th Annual Jackson Township Fishing Derby. Vote-3 yes.

Motion Wallet, second Westrick to approve Park Pavilion Rules, Regulations and Fees as recommended by the Jackson Township Recreation Commission. Vote-3 yes.

Motion Westrick, second Wallet to purchase 2009 Crown Victoria loaded with all police equipment for $8,245.00 from Tri-Star Motors. Vote-3 yes.

Motion Wallet, second Westrick to send Officer Phil Vaught to CIT (Crisis Intervention Team) Training at Penn Highlands Community College. Vote-3 yes.

Motion Westrick, second Wallet to authorize Officer Phil Vaught to train and participate in the Cambria County SERT (Special Emergency Response Team). Vote-3 yes.

Motion Wallet, second Westrick to approve Capital Reserve Fund bill list for the period of February 25, 2011 through March 31, 2011 and transfer $ 10,000.00 from the Capital Reserve Fund to the General Fund. Vote-3 yes.



Purchase Detail


Hegemann & Wray Engineering

Fords Corner Sewage Project

$  10,000.00



$ 10,000.00

Motion Westrick, second Wallet on approving the time sheets from February 20, 2011 through March 5, 2011 and March 6, 2011 through March 19, 2011. Vote-3 yes.

Motion Wallet, second Westrick to approve the 2010 Township Audit as presented by Barnes, Saly & Company. Vote-3 yes.

Other New Business:

Public Comments:
George Burkey said, we had a meeting of the County Tax Collection Association last Thursday. Jim was there from Berkheimer and everything was all set up for them to do it. They discussed insurance for the delegates against any liabilities that might happen plus weíre on that. . Iím on that Review Board where people complain or whatever. They talked about it before and they got quoted around $6,000 but they thought that was too much. Someone else got it for around $3,000 so they were trying to find where they could get it the cheapest but we do need to get insurance. They talked about. . they have to have an Audit so thatís going to cost more money too. They still had $16,000 left over from last year which was allocated form the Townships but theyíre going to ask for more this year. I donít have any idea on the amount. I donít know what theyíre going to use it for. We have a couple thousand dollars for attorney fees too. Solicitor Barbin asked, whoís your attorney? Burkey replied, one from Johnstown. . I canít think of their names though. Berkheimer has all of Jacksonís stuff because they collect for you but other places. Chairman Baker said, it will be an easy transition for us. . really nothing different or out of the ordinary. Burkey said, theyíll be trying to get the information from other municipalities probably closer to the end of the year when everyone sends out their final reform so they try to have everybody and theyíll be starting the first of the year but it will take a little time to get things going. The way they talked, theyíll be giving you the money like they always do, so for Jackson it shouldnít change. . you shouldnít have any problems because they collect for you now. Some of them might because some of them arenít even on computers and use paper. Manager Hirko said, I think weíre one of the few in Cambria County that have Berkheimer already. Burkey said, they have some more. . Blacklick Township. Berkheimer has most of the counties in the State.

George Burkey said, on our Pressure Testing, we had 50 people and out of those. . how many passed. . Tim. . do you know? Tim Burkey said, well. . 50 people passed. George Burkey said, yes. . if they didnít past at first, they repaired the system so. . thatís a far cry from 2,000. With this kind of weather, it was pretty tough for people to do it. Chairman Baker said, it will probably pick up this week. Burkey said, weíre going to need some help because we only have 2 employees. . you get tested. . they only have to be there for 15 minutes to watch the test. . .witness the test. We donít set them up. . they have to hire somebody to come in or whatever. They can do it themselves too. . they can rent the test balls from us and pressure test. . .if it holds then they can call us and somebody will go out and check it for 15 minutes to see if it can hold. The last storm we had. . the storm before that, we had trucks pumping water out of pump stations down there. The last storm we had, we went up to high level but then it went back down so even 50 homes. . .thatís a lot of water. . .a lot of them were full pipes and if you get a 4" pipe full of water, thatís a lot of water. This is only 50 homes and we have 2,200 total. There are a lot of newer homes that wonít have problems. . some of the older ones will but weíre getting there. Baker said, one at a time.

Chairman Baker
announced, The Board of Supervisors next regularly scheduled meetings will be held on Thursday, April 14, 2011 at 8:00 AM and Thursday, April 28, 2011 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 5th Annual Easter Egg Hunt at Mitchell Park on Saturday, April 16, 2011 at 12:00 noon.

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

Respectfully submitted,
David M. Hirko, Secretary