SUPERVISORíS MEETING
May 28, 2009

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Municipal Building. Members present were Supervisors Dave Bracken, Bruce Baker and John Wallet 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:
(None)

Public Comments Concerning Agenda Items:
(None)

Minutes:
Motion Bracken, second Wallet to approve the minutes of the Board of Supervisors Meetings held on April 30, 2009 and May 14, 2009. Vote-3 yes.

Township Financial Report:

FUND

Balance
4/30/09

Receipts

Disbursements

Balance
5/28/09

GENERAL

$   125,388.40

$  142,912.16

$     104,099.16

$    164,201.40

CAPITAL RESERVE

$ 1,066,183.70

$   28,293.67

$       31,437.46

$  1,063,039.91

HIGHWAY AID

$   158,934.44

$         97.67

$                .00

$    159,032.11

SR. CENTER FUND

$     28,723,04

$     2,632.30

$         3,306.21

$      28,049.13

MITCHELL PARK

$     62,430.49

$         38.36

$                .00

$      62,468.85

Expenditures:
Motion
Wallet, second Bracken to approve the bills for the period of May 1, 2009 through May 28, 2009. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$     104,099.16

$          .00

$       3,306.21

Township Police Report:
The May, 2009 Police Report submitted by Police Chief Bob Fatula was presented. The figures for May, 2009 were as follows: 911 Calls dispatched to Police: 268 Reportable Part I Crimes: 8 broken down as follows: Larceny-5, Arson-2 and Burglaries-1. Reportable Part 15 Crimes: DUI (Driving While Under the Influence)-6, Stolen Property-3, Vandalism-2, Drugs-1 and all others-3. Calls Resulting in Cases: 23, Total Arrestees: 12, Total Suspects: 2, Total Victims: 11, DUI Arrests: 5, Traffic Citations: 39, Non-Traffic Citations: 4, Total Warnings: 1.

Correspondence:
(None)

Old Business:
(None)

New Business:
Motion
Bracken, second Wallet to approve the subdivision of Dawn Parke. Vote-3 yes.

Chuck Myers of Lehman Engineers opened up the bids submitted Mitchell Park Phase I Project for review. The bids were as follows:

MITCHELL PARK PROJECT - PHASE I - BID RESULTS

Bid

Amount

B C S Construction (Altoona, PA)

$ 358,806.00

Landserv Inc. (Boalsburg, PA)

$ 416,171.25

Capitol Construction (Windber, PA)

$ 501,423.00

Burgo Construction (Johnstown, PA)

$ 525,192.00

S R & G Construction (Johnstown, PA)

$ 561,846.75

Rhodes Construction (Woodbury, PA)

$ 612,678.00

Chuck Myers said the apparent low bidder is B C S Construction. Solicitor Barbin said they did a job involving a treatment plant as part of Central Mainline and everything was fine. Myers said he would check the bids out and make sure they didn't miss anything. Manager Hirko said, you can drop them off when you're coming by in the area. Barbin added, all of the bonds for the bidders were acceptable. Myers said, we could notify them of the award and schedule a pre-construction meeting and then give them notice to proceed at the meeting. Barbin said, we can wait for you to recommend and the nice thing is, we meet in two weeks. Hirko said, we need to make a motion to award the bid. Myers asked, can you make it conditional? Barbin said, if the Board is comfortable making it conditional, we could make the award to B C S. Chairman Baker said, I'd rather table that till we can have them reviewed. We have a morning meeting at 8:00 am in two weeks.

The Supervisors reviewed the Seal Coating Bid Results submitted as follows:

SEAL COATING BID RESULTS

Bid

Amount

New Enterprise Stone & Lime

$ 60,972.45

Russell Standard Corp.

$ 66,430.94

HRI, Inc.

$ 68,521.42

Quaker Sales Corp.

$ 70,844.18

Grannas Brothers

$ 75,489.70

Solicitor Barbin said, I reviewed the bids of the low bidders on the seal coating and miscellaneous materials and the bids look fine.

Motion Wallet, second Bracken to award bid for "Seal Coat" to New Enterprise Stone & Lime in the amount of $60,972.45 for Road Projects scheduled for 2008. Vote-3 yes.

The Supervisors reviewed the Miscellaneous Paving Materials Bid Results submitted as follows:

Superpave Wearing Course, 9.5 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Quaker Sales Corp.

$      51.00

  See Below

HRI, Inc.

$      56.00

 

New Enterprise Stone & Lime

$      59.70

$        67.90

 

Superpave Wearing Course, 19.0 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Quaker Sales Corp.

$      45.00

  See Below

HRI, Inc.

$      50.00

$        60.75

New Enterprise Stone & Lime

$      52.55

 

 

Superpave Wearing Course, 25.0 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Quaker Sales Corp.

$      42.00

   See Below

HRI, Inc.

$      47.00

 

New Enterprise Stone & Lime

$      50.40

$         58.60

NOTE: Quaker Sales can provide Tri Axle Trucks at the rate of $65.00 per hour.

Motion Wallet, second Bracken to award bid for Miscellaneous Paving Materials to Quaker Sales Corp. Vote-3 yes.

The Supervisors reviewed the Miscellaneous Stone Materials Bid Results submitted as follows:

PA-2A Subbase - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$     10.60

Grannas Brothers

$     11.65

 

AASHTO No. 8 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$     12.35

Grannas Brothers

$     13.90

 

AASHTO No. 1 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$      12.10

Grannas Brothers

$      12.90

 

AASHTO No. 3 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$     12.10

Grannas Brothers

$     13.40

 

AASHTO No. 57 Stone - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$      12.35

Grannas Brothers

$      13.40

 

Antiskid Type # 2 - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$     12.60

Grannas Brothers

$     13.90

Motion Wallet, second Bracken to award bid for Miscellaneous Stone Materials to New Enterprise Stone & Lime. Vote-3 yes.

Motion Bracken, second to approve license for temporary use of the property of Donald Leckey on Saturday, July 18, 2009 for the purpose of holding a fireworks display during the Jackson Heritage Festival. Vote-3 yes.

Motion Wallet, second Bracken on approving the time sheets from April 19, 2009 through May 2, 2009 and May 3, 2009 through May 16, 2009. Vote-3 yes.

Motion Bracken, second Wallet to approve Capital Reserve Fund bill list for the period of May 1, 2009 through May 28, 2009 and transfer $ 31,437.46 from the Capital Reserve Fund to the General Fund, Vote-3 yes.

CAPITAL RESERVE FUND BILL LIST (5/1/09 - 5/28/09)

Vendor

Purchase Detail

Amount

Naugle Insurance Agency

April & May Installments

$  11,786.80

Hegemann & Wray Engineers

Swigle Mountain Water Project

     9,800.00

L / B Water Company

Pipe for Mitchell Park Project Water Line

     5,779.66

Fi-Hoff Concrete

Six Culvert Boxes & Tops

     2,493.50

Laurel Hill Trout Farm

Fish for Fishing Derby

     1,577.50

TOTAL

 

$ 31,437.46

Other New Business:
(None)

Public Comments:
Bob Benedict said, your Cell Tower Ordinance is discriminatory . .that's like tellin you that you couldn't put a floor down or you couldn't practice law. We can't build another tower. . . .unless they try to go on another tower, they can't build. When Cingular came in, I wondered why they paid me a fee, surveyed the ground and all of a sudden, things went quiet and they put their antenna on Sprint's tower. That's what I'm saying. . do you understand what I mean? I should be allowed. . I've been doin this. . it's my livelihood. . it's my income. I should be allowed to leave these people build a tower on my ground. . that's what I'm tryin to tell you. Solicitor Barbin replied, I wasn't hear when the Ordinance was written but the purpose of it is to prevent too many towers. . . that the towers there are fully utilized before you build new towers. That's the purpose. Benedict said, that's like me tellin you. . . you can't practice law because there's another lawyer or he can't put a floor down. . he has to clean it because it's just dirty. I'm saying, that's my income. . that's my livlihood. .that's what I live on. I can't prove it but I believe it happened with Cingular. . .why would they pay me a $1,000. fee, survey the ground and then all of a sudden something happened and they went on the Sprint tower. This has happened. .I'm not pickin on anybody. Dino asked me where I was when they put that through. I said, probably under Bobby's race car. .I don't know. . . and that's true. Barbin said, what the policy decision is to say, no, we don't want. . .we want to restrict the number of towers. Benedict replied, but it's my property and my income. . I've been doing this for almost 20 years. Barbin said, I'm not arguing with you. Benedict said, you weren't here. . now Calvin did his job. Multi-Com bought the half acre from me. . they wanted to raise the tower 50 feet for 9-1-1. . . .now. . C.J. treated them like criminals that night for two hours and asked them why they did this. . why didn't they do that. . why weren't they goin on another tower.. this is true. . he did his job. Now. . they didn't raise the tower. . Multi-Com lowered their antennas and put the 9-1-1 antenna on an existing tower. Bob Fatula can't talk to Ebensburg. . that's the honest to God's truth. Bob said it. . this happened. I don't know what to tell you but it's keeping me from doing what I do for an income. Barbin said, before you make a flat decision, recognize that if there was a bunch of communication towers in Vinco, you'd feel differently about it than a bunch of towers. . .where Bob lives, nobody cares. You got the landfill behind you. . you got 22 in front of you. Benedict added, and I got the Industrial Park comin behind me. . I don't care. . that's fine. Barbin said, so if you're looking at relaxing it. . I would relax it. . maybe a separate Zoning District that's on top of the mountain. . . Bob has towers. . his sister has towers. . I don't know if your other sister has a tower too? Benedict added, no. . that was their own ground owned by the Water Company before it was transacted over to Line Timber or whoever it is . . they bought that corner. . . Cablevision owns that. Barbin said, you might want to. . .this is a good rule if it applied to a tower in Vinco because you wouldn't want towers goin up all over the place. Clair Michaels said, the reason he said they weren't allowed to have it was because that you weren't allowed to spot zone and that would have been classified spot zoning. Barbin said, I understand that but the top of the mountain is a unique physical area and you can zone an area different if it has unique characteristics. Michaels replied, he told us no. . you're not allowed to spot zone. . . but Bob got his. Barbin said, but some people get hung up on rules sometimes. Michaels replied, Kiniry told us . . you're not allowed to spot zone. Barbin said, right. . you're not allowed to spot zone but you're allowed to zone an area that has special characteristics. Michaels added, he wouldn't spot zone anything like that. Steve Yurasek said, I'm just tellin you something right now. . if Dino Persio had the top of that mountain, you could put 50 towers up there tomorrow and you can laugh all you want to, but that's the way it is. Barbin said, that's a policy issue. . the policy could be changed. Chairman Baker said, we have other towers in the Township too. Barbin said, I think what we're talkin about would be fine where Bob is. Benedict said, I think you should still have the say so. . . it's like when I opened the salvage yard. . . they said, we won't give you a license if I opened it in Vinco but up here. . you know. .it's a little different.

Barry Rouzer said, I'm here representing Singer Hill Grace Brethren Church and we're goin to have our Sunday Church Service Sunday, July 19th at the Jackson Heritage Festival here at the Senior Center. We'd like to use District Justice, Mary Ann Zanghi's for parking. . I'd like to put one lane parking on Gillin Lane, on Stoneridge . . possibly Adams Avenue which would be above the Fire Hall and possibly the space above the Fire Hall if it's not used. We're also requesting using the TV room in the Senior Center as a nursery and the possibility of using vans to shuttle people back and forth. If we get too much parking, I checked with Don Krens, the Fire Hall. . I checked with Ray and he said we could also park at the Video Store and all this parking will be coordinated by Jackson Township Fire Police. Chairman Baker said, that's fine with me. . I don't have a problem with it. Do we have to do anything to restrict Township streets? Solicitor Barbin said, you can set up a temporary detour. Baker asked, How long are you looking at Barry? Rouzer replied, we're looking at. . the Church Service is going to be 10:30 and we'll start parking at 10:00 and be out of there by noon. Manager Hirko said, I talked with Barry and not everyone will be out of there but the one thing we have to be careful of is to have enough handicapped parking. Rouzer added, we will make sure. Barbin said, no . . we have that Roadmaster Ordinance and we can put up temporary signs. . there's a procedure for that in there. Baker said, I don't see a problem with your request so we'll work with you. . help you out.

Tom Beyer said, I applied for a Zoning Permit for an Agricultural area for a barn. . I was denied. . I wanted my setbacks to be 35 feet and denying me I was told all setbacks in an Agricultural area were 50 feet. A guy about a mile and a half just up the road just put up a building and it's 15 feet from the line. Now. .how if they all have to be 50 feet can he put that building at 15? Chairman Baker asked, what's he doing with the building? Beyer replied, well. . he has a tractor in it and he takes stone and rocks in it and makes deer plots with. . is that considered an accessory to your house? Baker replied, but it's not livestock. It's a garage. Beyer asked, well what's the difference if you have livestock? I use them for food for my house. Baker said, well livestock would be Agricultural. The garage is an accessory to the house. Beyer said, well. . .he's taking his tractor and going elsewhere and plowing up a plot to plant food crops for deer. Solicitor Barbin said, but still a garage is an accessory to a house and nobody would argue that a garage isn't an accessory to the house. Beyer continued, on your Amendment, Section 10 it says where more than 50% of the lots in that block, the setback may be reduced to conform with the setback lines with existing structures. Barbin said, that's for the road setback. . it's frontage. Beyer replied, it doesn't say that. Barbin replied, that's what it is. Beyer asked, why doesn't it say that? Barbin replied, God knows why it doesn't say that. Beyer said, but it doesn't say frontage. Barbin said, ok and we're correcting you. I'm sorry. . an Agricultural Building has to meet Agricultural setbacks. . .a goat barn is an Agricultural building. . it's common sense. What you want to impose is a hyper-technical interpretation of the Zoning Ordinance. That's wrong. . that's where you start making trouble. In this case, we could try to make it good for you and that would be a nice thing to do but it's the start of all problems with a Zoning Ordinance because then the Zoning Ordinance doesn't mean anything. Beyer asked, is that why you leave it so wide open. . so you can say whatever you want? Barbin replied, that's not the case. . that is a frontage setback. . . if everybody else is closer to the road than you are, then we're not going to make you set your house back 25 feet. . . you can set it back the same as everybody else. That's a good rule. . that's not wide open to say whatever we want. . that is to be reasonable to human beings. You want to try a goat barn into an accessory building for a house. . . I'll take that case to Court any day because a Judge is never going to agree with you. He's always going to agree with us. Beyer asked, well. . what's the cost for a Variance then? Barbin said, Commercial's $300 but Agricultural. . it's fifty bucks. Beyer continued, Harry filled this thing out and he has on there I don't have a 15 foot setback. .that's not what I was asking for. . I was asking for 35 feet. Baker said, you're asking for 15 feet dimensional setback. Beyer said, I asked for 35. . right here. Baker said, 15 from 50 gives you 35. Beyer said, and also it says in your Ordinance here, he was supposed to send me a copy of this. . he never did. Is that just, if he wants to do it, he does or if he doesn't? Barbin said, I sent you a letter to stop out at the Township. . pick up an Appeal Form. . we called to make sure it was only the 50 bucks. Beyer asked, does that guarantee me? Barbin replied, no, it doesn't guarantee you. . you have a reasonable argument because your ground rises real steep. . no you can't move it back. .that's a good reason to get a Variance but we don't have the ability to say, oh. . don't worry. . you don't have to follow the Ordinance. That would be us doing what you're accusing us of doing. If we just said, oh you know. .this looks ok. . we know you got a problem. . that's sort of what we said to each other but if we took it upon ourselves to say, this is ok and you don't have to do the Variance, we'd be doing what you're accusing us of doing with that guy. Beyer said, that's what I'm saying. .that's what you're doing. Barbin answered, no. . we're not doing it and it's kind of pissing me off that you're saying we're doing it. . we make a real hard effort not to. He has a garage. . you want a goat barn. . .there's a difference between a garage and a goat barn. Beyer said, ok. . but all setbacks aren't 50 feet then. Barbin replied, Agricultural buildings are 50 feet. A garage is an accessory to a home and we let an accessory to a home, even in an Agricultural District follow the home setbacks. Beyer continued, I have one other question. . if I build that building and I measure 50 feet from the line and put a wall in and don't leave any goats on that other side, is that legal? Barbin answered, absolutely not and we'd probably end up prosecuting you because you're playing a game with the Ordinance. Beyer said, I was just asking. Barbin answered, we try to help people to find solutions. It's an Agricultural building. To get your Variance, you have to prove there's a hardship. . you need to tell them what your hardship is. . it's reasonable to believe you're going to get this but we can't guarantee it.

Clair Michaels said, ok. . it's getting mower time. . tell that guy he can mow up over that bank there at my place as far as that thing can reach. Chairman Baker said, we were coming you way with both tractors. . a stone come up and busted the window out. We just got the window put in yesterday. Michaels said, well I was just letting you know because last year I had to ask him to mow it because he can reach as far as he wants to mow. . most people don't want that. Baker said, they're fine. . they'll do a good job. Michaels replied, he did last year. .that's all I was meanin.

Announcements:
Chairman Baker
announced, The Board of Supervisors next regularly scheduled meetings will be held on Thursday, June 11, 2009 at 8:00 AM and Thursday, June 25, 2009 at 7:00 pm at the Jackson Township Municipal Building. The Cambria County Courts will sponsor a Youth Fair with emphasis on drug and alcohol prevention at Leidy Park in Mundys Corner on Friday, June 12th from 11:00 am to 1:00 pm. Admission is free and there will be free refreshments, t-shirts, games and prizes given away including sweatshirts and bicycle helmets. All students from elementary through high school are invited to attend and bring a friend. The Jackson Township Volunteer Fire Company will host a Weekend Festival on Friday, June 19th through Sunday, June 21st. There will be the Battle of the Barrel, Entertainment, Childrens Games, Food & Beverages. Everyone is welcome to attend. The Jackson Township Recreation Commission is sponsoring a bus trip to the Nation's Capitol, Washington DC on Saturday, June 27th. If anyone is interested, please contact Connie or Dave at the Municipal Building. Also a big "shout out" to the Recreation Commission and Hunting Club for a great Fishing Derby. . another successful one. . great event. Supervisor Bracken added, we got lots of compliments. Ed Westrick said, it was a record. . we had almost 200 kids there. Baker continued, it was a nice day and the kids all loved it . . they loved gettin prizes. Westrick said, that's thanks to all the doners throughout the whole area. . not just the Township.

Adjournment:
Motion
Bracken, second Wallet to adjourn the meeting at 7:35 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary

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