April 24, 2003
The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Senior & Handicapped Activities 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:

Baker, second Bracken to approve the minutes of the March 27th meeting. Vote-Bracken & Baker-yes, Stephens no because he felt they were incomplete.

Township Financial Report:







$      47,847.24

$    38,160.00

$   58,066.39

$        27,940.85


$ 1,100,532.32

$    44,813.32

$             .00

$    1,145,345.64


$    135,900.74

$              .00

$             .00

$       135,900.74


$      37,733.13

$      2,375.00

$        812.19

$         39,295.94

Baker, second Bracken to approve the bills from March 28, 2003 to April 24, 2003; General Fund-$58,066.39, Highway Aid Fund-$ .00 and Senior Center Fund-$ 812.19. Vote-Baker & Bracken-yes, Stephens no because he felt it might not be appropriate.

Township Police Report
The March, 2003 Police Report submitted by Police Chief Bob Fatula was presented. The figures included 210 - 911 calls dispatched to the police. Reportable incidents were as follows: Criminal Mischief-9, Theft-6, Harassment-5, DUI (Driving While Under the Influence)-3, Terroristic Threats-2, Drugs-1 and Vehicle Theft-1. Total accidents handled were 12. Non-Traffic Citations issued were 3. Traffic Citations issued were 46. Traffic Arrests were 5. Criminal charges filed included the following:
DUI (Driving while under the influence)-3, Harassment-3, Accident Involving Injury-1, Drugs-1, Receiving Stolen Property-1, Terroristic Threats-1 and Theft-1.


Old Business:

New Business:
Mr. Terry Shook of Barnes Saly & Company, Certified Public Accountants & Consultants presented the 2002 Audit for Jackson Township. In his summary he stated the following:
-Audit fieldwork was completed March 5, 2003
-Audit report was completed March 26, 2003
-Audit report expressed a "clean" opinion on the financial statements which means the numbers in the financial reports are presented fairly in accordance with generally accepted accounting principles.
-No problems were encountered during the audit.
-They did not identify any unusual transactions.
-There were no disagreements with management on accounting or audit matters.
He concluded by saying that the books are in good shape and he was impressed with what Jackson Township has done accounting wise.

Motion Stephens, second Baker to approve subdivision submitted by Michael P. & Bobbi J. Farabaugh. Vote-3 yes.

Motion Baker, second Bracken to ratify acceptance of the George Ozimok & Janice M. Bearer Easement. Supervisor Stephens commented that there wasnít a date on the easement as to what day it was drawn up in November of 2002. He asked if the work has already been done on this. Chairman Bracken said it wasnít. Solicitor Barbin said that was a copy which was drafted by former Solicitor George Gvozdich. He said the original had November of 2002 lined out and March 20, 2003 inserted. After Stephens comments a vote was taken. Vote-3 yes.

Motion Stephens, second Baker to approve the time sheets for March 16, 2003 to March 29, 2003 and for March 30, 2003 to April 12, 2003. Vote-3 yes.

Motion Stephens, second Baker to approve Resolution applying for emergency aid reimbursement form PEMA for Presidentís Day Snowstorm. Vote-3 yes.

Motion Baker, second Bracken to approve Resolution authorizing new Agility Contract with PennDOT for a five year period to replace the current one which expires July 15, 2003. Supervisor Stephens asked Solicitor Barbin if he had time to look over the agreement and compare it to the previous agreement. Barbin replied that although he didnít compare it to the previous one, he went through the terms and that they were reasonable. He added that when work plans would be drawn up on the Agility Program that the Township should negotiate the best deal possible when trading services with PennDOT. After Stephens comments a vote was taken. Vote-3 yes.

Motion Baker, second Stephens to advertise Ordinance for Inter-Governmental Cooperation for the paving of Loraine Street in Nanty Glo Borough. Solicitor Barbin explained that due to an Ordinance needing to be advertised it would take one additional meeting to complete the process. A vote was taken after Barbinís comments. Vote-3 yes.

Motion Baker, second Stephens to adopt Resolution 04-03 to provide for Township acceptance of pre-existing private roads. Vote-3 yes.

Motion Stephens, second Baker to request that the Jackson Township Planning Commission review the Zoning Districts along the Route 22 corridor from the Chickaree Hill Road Intersection to the Cambria Township line. Vote-3 yes.

Other New Business:

Public Comments:
Eugene Kist
stated that he received a letter from Mr. Hirko dated March 25th and still did not receive an answer on non-conforming properties. He asked how many non-conforming properties there were in Jackson Township. He also asked if there was a conflict of interest with Mr. Baker being appointed to the Board. He said the letter stated that former Solicitor George Gvozdich talked to an attorney in Harrisburg. He asked if there was any record or correspondence on this. Manager Hirko stated there was not anything in writing and that it was stated orally. Kist then said that in the letter it was also stated that a citizen contacted the State Ethics Commission and asked if this was legal advice or not. Hirko said that relevant items were copied from the official meeting minutes and attached to the letter. Kist then went on to say that on April 1st of this year his road was not plowed until after lunch yet the Sheetz property was plowed by Township vehicles. Supervisor Baker said Sheetz was not plowed by Township equipment. He did say that at the intersection of Route 271 and Pace Street, he directed Dennis Mackell, Road Foreman to cinder the intersection because there was a tractor trailer jack-knifed under the light and there were cars sliding into the guardrails. It was a very dangerous situation and he sent Mackell down there to remedy the situation to prevent any accidents that might occur. Kist then asked if the Township vehicles were on Sheetz property. Baker said no Township truck plowed Sheetz property. He stated that Dennis Mackell used his best judgement and did put some salt on the ramp because it was a sheet of ice and cars were sliding everywhere. At the time he felt it was the best thing to do in order to prevent any possible accidents. Kist then said that on Mile Hill Road where he resides the road was not taken care of until after lunchtime. Delores Kimble who also resides on Mile Hill Road said the road was taken care. Mr. Kist asked if he was off the agenda yet. Solicitor Barbin told the Board that they could extend the comment time for Mr. Kist but then by doing so there would be no purpose to having rules.

Joe Baxter, Chairman of the Jackson Township Recreation Board said that he received a newsletter in the mail from Justice for Jackson. The letter stated that the long neglected Loraine Ballfield needed improvement and also commented on the Leidy Lane Park. He said that he wanted to set the record straight and at the last several meetings they addressed the Loraine Ballpark. He said that it would have to be determined what would be done with the boney pile or where funds would come from to develop the park. Also at Leidy Lane Park further testing is going to be done after the growth comes up in the Spring. It was once already established that the site is fine and it is not an hazardous industrial site as the newsletter stated. It is next to an industrial site and he added that he has lived there over 30 years and he has never known the ballpark at Leidy to have industrial waste on it. He then said as a private citizen of Jackson Township he would like to know what Supervisor Stephens who has been in office for 16 months has done for the Township. He said he knows about the lawsuits that Stephens filed and that he received a letter asking him to resign as a volunteer from the Recreation Board based on statements that were not true.

Betty Lou Shoup talked about three letters written by Supervisor Stephens. They were addressing the Chickaree Ridgerunners Snowmobile Club Lease, requesting his own solicitor and if the Township Manager could answer questions in letters to Township citizens. She stated that the cost for these three letters was over $800 in legal fees. She questioned how many more letters he may have written costing additional legal fees for the Township. Supervisor Stephens said that the only way we could get information is to ask questions. He added that none of us no all the answers and that when it comes to legalities we have to have it in writing so we know exactly what was said so that was why he wrote the letters asking for legal opinions in writing.

Bob Albright asked that Ordinance 81 concerning Jake Brakes be enforced and he felt that the signs should be put back up on Route 22.

Motion Baker, second Stephens to adjourn the meeting at 7:30 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary