April 29, 2004

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Municipal Building. 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 with all three Supervisors present.

Public Comments Concerning Agenda Items:
Will Michaels
commented on Ordinances # 129 & 130 which deal with the Pennsylvania Uniform Construction Code. He said since the State passed them we have no business enforcing them and the State should do it. He added that even though it was said previously that we would have better control by going with Cambria-Somerset that he felt we would not. He said this was not about safety but it was about money and power. He said this would just create a lot of problems with everybody and we shouldnít have anything to do with it and to let the State enforce it.

Chairman David Bracken said that Eugene Kist had a check mark but there was no specific agenda item listed to speak on and that this segment of public comment was on agenda items only. Kist said that a check mark indicated his desire to speak and itís done on elections and everything else and to ask your Solicitor. Solicitor Bill Barbin said a check mark wasnít good enough. Kist then stated that he did have agenda items to talk about. He said that the Police did not give a report despite having 30 days to do it. He then said on this Zoning that all you people are like lambs going to slaughter. He said when you go to the hardware store and buy something they now want your name and address and when your constituents come back to you what are you going to say. If you say youíre sorry you did it, itís too late. He said big daddy tells you people what to do and you knuckle. He added that you donít have the common sense to question and that you were elected to represent the people.

Baker, second Stephens to approve the minutes of March 25, 2004 meeting. Vote-3 yes.

Township Financial Report:







$     55,034.47

$    76,691.56

$     104,659.22

$       27,066.81


$ 1,366,288.92

$    66,694.16

$       24,807.34

$   1,408,175.74


$       3,867.81

$  128,439.10

$                 .00

$      132,306.91


$     31,940.25

$     5,960.60

$         2,262.22

$       35,638.63

Stephens, second Baker to approve the bills for the period of March 26, 2004 through April 29, 2004. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

 $      104,659.22

$                .00

$           2,262.22

Township Police Report:
(No police report was available)


Old Business:

New Business:
Baker, second Stephens to approve Subdivision of Gary & Carol Scaife (Side Lot Addition) to Douglas & Karen Nolan. Vote-3 yes.

Motion Stephens, second Baker to approve Subdivision of Thomas & Amy Bango to Denny & Susan Wiley. Vote-3 yes.

Motion Baker, second Bracken to adopt Ordinance # 129 adopting the Pennsylvania Uniform Construction Code as set forth in Act 45 of 1999 to be effective July 1, 2004. Vote-Baker & Bracken-yes, Stephens-no.

Motion Baker, second Bracken to adopt Ordinance # 130 to enter into a revised Inter-Municipal Governmental Cooperation Agreement with the Cambria County Building Codes Enforcement Agency. Vote-Baker & Bracken-yes, Stephens-no.

Motion Baker, second Bracken to approve Resolution # 05-04 authorizing paricipation in the Cambria County Building Codes Enforcement Agency. Vote-Baker & Bracken-yes, Stephens-no.

Motion Baker, second Bracken to adopt Ordinance # 131 to regulate sewage disposal systems in Jackson Township and comply with current sewage enforcement laws. Vote-Baker & Bracken-yes, Stephens-no.

Motion Stephens, second Baker to accept low bid of $13,333.00 from Capital Construction to construct a walking trail at Leidy Park. Vote-3 yes.

Motion Baker, second Stephens on transferring $ 21,245.34 from the Capital Reserve Fund to the General Fund - $6,165.40 to Freedom Ford for police car transmission & repair work, $5,101.10 to Tri-County Motor Sales for truck repairs, $4,461.89 to Naugle Insurance for monthly premium, $2,287.00 to Consistent Computer Bargains for new computer hardware and software, $1,780.71 to New Enterprise Stone & Lime for anti-skid and $1,449.24 to Lehman Engineers for Storm Water Management. Vote-3 yes.

Motion Stephens, second Baker on approving the time sheets from and March 14, 2004 through March 27, 2004, March 28, 2004 through April 10, 2004 and April 11, 2004 through April 24, 2004. Vote-3 yes.

Other New Business:
Stephens to have the Township Manager submit to the Township Supervisors on Monday of each week a compiled list of all work performed the previous week concerning any and all work performed by Township employees related to roads and road maintenance. Also that the Township Manager who oversees roads and road maintenance submit to the Township Supervisors on Friday of each week a detailed list of planned proposed work relating to roads and road maintenance for the week of Monday through Friday of the following week. The motion died from lack of a second.

Motion Stephens to have the Township Solicitor give the Board of Supervisors his legal opinion in writing that the Township is protected and canít be held liable in court in the event of a suit that everything was not done by the Township to make the citizens aware in the event of an emergency as defined in the Emergency Management Plan. The motion died from lack of a second.

Motion Stephens to have the Township Manager institute prompt corrective measures to correct any complaints or situations that are brought to his attention concerning a possible liability concerning roads and road maintenance notifying all three Supervisors within 24 hours. The motion died from lack of a second.

Motion Stephens to have the Township Manager who has the authority to oversee roads and road maintenance submit to the Supervisors Board by next months regular meeting a plan of what work and of what sequence the work will be done concerning roads and road maintenance prior to paving, what roads are to be paved and the plan of road maintenance through the end of this year 2004 and that on or before January 1st of each year a plan be submitted to the Supervisory Board by the Township Manager as to what roads and road maintenance are planned for the year ahead. The motion died from lack of a second.

Motion Baker, second Stephens to authorize the Recreation Commission to gather facts and figures for trails, pavilions and other related recreational activity for Leidy, Mitchell & Loraine Parks. There was no public comment on this item. Vote-3 yes.

Motion Baker, second Stephens to authorize the Planning Commission to create and mail a residents survey with thoughts and ideas for future growth, recreation and development of Jackson Township. There was no public comment on this item. Vote-3 yes.

Public Comments:
Eugene Kist
said that you people passed this Zoning Ordinance and do you realize that it started today with me and Iím one of the first ones to complain. I went to a store and tried to buy a furnace today and you people didnít have the gumption to ask these questions and you sit there. He said when he tried to buy a furnace he was told that you had to be a contractor under the new code to put it in yourself. He said this is the thing that you people are going to hear and you are hurting yourself and it is a sin and a crime and you are hurting your own children and you didnít have the gumption to ask the State or the County and just did everything they wanted. He added that you are like lambs going to slaughter and you ought to be ashamed of yourselves because you couldnít ask the question and when it comes back to bite you and you said you didnít know, you should have known. He said you went to school and had more than a second grade education but you didnít use the knowledge you gained.

Steve Yurasek thanked the Board for the changes made to Ordinance # 118 even though we paid for it twice because it wasnít done right the first time, we paid the lawyers the second time. He then said if we donít do something about strip mining, weíre gonna regret it and pay three or four times. He said Mr. Barbin knows what happened in Giestown on Erickson Drive & Eisenhower Blvd. where they took it to court and the Township paid plenty and they stripped right up to Erickson Drive to Eisenhower Blvd. He said another case was down in Lower Yoder Township where they people thought the zoning wouldnít let it happened and they stripped right on the side of St. Clair Road and within 50 feet of the house. Solicitor Barbin said they got a Zoning Permit for that. Yurasek said they had a permit but the zoning could not stop it and we should be honest with these people. He added that it went to court and they tried to stop it and they couldnít. He added that when someone wants to strip the Laurel Run Watershed, theyíre gonna strip it and not you or anybody else is gonna stop them.

Gene Vogatsky said he wanted to find out about the fencing. He said he was told he had to get a permit to replace an existing fence. He added that itís been there for 25 years and he was only pulling out the poles and replacing what was there. He said there was nothing in the Ordinance that says he needs a permit to put in a livestock fence and said Section 408 only addresses decorative fences under 4 feet. He added that his fence is a little over four feet. He asked if it would be grandfathered. Solicitor Barbin said that although it could be grandfathered, it would still require a Zoning Permit. He then said that after July 1st, agricultural construction will be exempted and that is one good thing out of the State Building Code. He added that for now you would still need a Building Permit because it is viewed as new construction and youíve always needed Building Permits in the past.

Steve Yurasek said that when Larry Custer was down here, Mrs. Kimble asked if they could send out a feeler to find out if there was interest about a retirement village or some type of facility within the Township. He said the comment was made that we canít do that and if one could be sent out for recreation, what would be wrong with seeing if there were enough people who have an interest in a retirement facility. He added that the Brethren Home was originally going to put a place along Benshoff Hill Road but there was no sewage at the time. He added that now there was sewage, the Brethren Home may consider putting a place in that would benefit everybody. Supervisor Baker said that he didnít say we couldnít do it. Yurasek said he recalls Larry saying they couldnít do that because money was not available. Solicitor Barbin says thereís nothing wrong with asking a question like that in a survey. Yurasek said thereís a lot of elderly people in the Township. Baker said he recalled the issue with the survey was doing an income study, and not a question of general interest in Sr. Citizen Housing. Barbin said the survey that the Planning Commission was directed to do would be perfect for this question.

Supervisor Stephens said that previously he went on record on work relating to roads, road maintenance and other work that in his opinion needed corrective measures including (1) sides of roadways needing graded, (2) berm drop-offs, (3) low spots on roads, (4) sunken pipes across roads, (5) water run-off across roads and streets, (6) blocked and partially blocked drain pipes, (7) drain pipes deteriorated that need replaced, (8) guardrails dangling not even in the ground, (9) areas that need guardrails in the Township, (10) damaged guardrails that need repaired, (11) brush and limbs that need cut back along roadways, (12) center lines on roads that are not legible, (13) two electric telephone poles on Adams Avenue that appear to be on the road right-of-way and are right along side the macadam that imposes a steep liability and needs corrected immediately, (14) periodic maintenance on the generator to insure that it is in working order when needed, (15) information in the newsletter and posted on the outside of the Municipal Building concerning the Emergency Management Plan about what to do and where to go in the event of an emergency. He said to his knowledge the necessary steps needed to take corrective action to protect the Township from possible liability are not sufficient. He said the Township Manager and or Roadmasters need to submit a plan to rectify these problems as soon as possible. Supervisor Baker said that Bob told him he went out for two days and looked at this information and since he did that, has he seen any of these problems corrected. Stephens said he seen some of them worked on. Baker said they were all on the list to be done and theyíre being done as they speak but they canít all happen overnight. Stephens said at the Hagerich area on Kepple Road. He said he went down there about a month and a half ago and took pictures. He said he brought it to the Township Managers attention approx. a week later and then they went down and filled in some dirt and the problem wasnít corrected. He then said he brought it to Daves attention again that the problem was that the water was going into the pipe and wasnít coming out of the pipe but below the pipe and that wasnít corrected. He then said he went down last week and the water was still coming out below and the road was marked to replace the pipe. Baker said that was on the schedule to be fixed but the pipe wasnít in stock. Since then the pipe was received and the one call was phoned in and as we sit here today, itís completed. Stephens asked whether the water problem going across the road solved. Baker said we cannot work on Mr. Hagerichís property and Mr. Hagerich knows what he has to do to alleviate that water coming on to the road. Stephens then asked about the ditch on Blackburn Road with about a 36" pipe just on this side of Violet Primels. Baker said as we speak itís marked for pipe replacement and the one call was made but we canít do anything until the week of the 10th when we get our pipe in. Stephens said last year he went right down after it was inspected and that pipe was totally ate out on the bottom from one end to the other and itís been over a year and that he brought it to Mr. Hirkos attention and he glad that someoneís finally going to do something about it. He said we have to correct the problems and rectify them in an efficient and expeditious manner. Baker replied that they are. Stephens said the pipe was bad at least a year. Baker said that pipe could go two more years if we had to and that it wasnít going to fall in and the sky ainít falling. He added the ends are gone the middles still in pieces. Chairman Bracken said thereís such a thing as money too Bob and that it cost money for that and that we replace plenty of pipes. Stephens said he felt the Township had enough money to get out and cover all the liabilities and that we need to institute plans to get out and beware of whatís going on in the Township and know ahead of time and set it up in sequence so that there is a plan and we know whatís gonna be done the whole way through.

Chairman Bracken
announced that the next Supervisors Meeting will be held on Thursday, May 27, 2004 at 7:00 pm at the Jackson Township Senior Center because the Boy Scouts are going to attend to earn a Government Badge.

Baker, second Bracken to adjourn the meeting at 7:40 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary