SUPERVISORíS MEETING
June 9, 2011

PUBLIC HEARING
Solicitor Bill Barbin said, the Township advertised. . .here's an advertisement in the Johnstown Tribune-Democrat indicating that there will be a Public Hearing concerning an Ordinance of the Township of Jackson comprehensively amending the Jackson Township Zoning Ordinance and Township Zoning Map and it's set for 8 am, June 9, 2011 at which time the Township will take testimony from any members of the public concerning the Comprehensive Rezoning Ordinance and Map changes. If anybody wishes to testify, this is a formal hearing. . .you're required to stand, raise your right hand and take the oath for the stenographer. Anybody who wishes to testify, stand now to take the oath. Let the record show that no one wishes to testify. A copy of the Ordinance has been on file at the Jackson Township Office and is present here at the Meeting. If there's no testimony to be had, we will close the Public Hearing.

SUPERVISORíS MEETING
The Jackson Township Supervisors held their regular meeting at 8:00 a.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 Chairman Bruce Baker with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Public Comments Concerning Agenda Items:
Steve Yurasek said, you are taking the back door approach by taking the rights away by passing a Nuisance Ordinance. That's because you wanna get at certain people. That's not right. That's the wrong way to go about things fellows. You did it with Zoning, you did it with Building and you continue. . did it make buildings any safer?. . no. Just follow up and see how many buildings have major problems and the Building Code thing didn't do a damn thing for anybody except crooked a lot of people. People who paid $10 and $12 dollars for a permit to tear something down now pay a couple hundred dollars. You'll be doin the same thing with the Nuisance Ordinance. . you don't like this guy or that guy so you're gonna use that as a means to crucify em and that's not right. I seen this years ago in East Taylor Township when Mr. Merlo bought those buildings down there. . people didn't like him down there so they complained about the dump, complained about the rats, complained about the stuff all around. . it was a continuous thing all the time with somebody complaining. Half the people complaining were on welfare and had nothing to do with society anyway but they continued to complain all the time. Solicitor Barbin said, there are some people in the Township that have hellish messes. . . just horrible messes. Yurasek said, and you have Zoning. .you have plenty of laws to cover that right now. Barbin said, it's difficult. . you have to take a piece of that one and a little piece of this one. Making the rules clear and in one place and easy to read. . to me, that's good government. Yurasek said, mark my words, this will be used as a vendetta to come back at folks. . to stop gas wheels. . oh the trucks. . .the trucks making noise. . keep it up. That's exactly what happens when you pass something like this. It's using the back door approach to stop drilling, to stop anything that people shouldn't be for. Barbin said, point it out when it happens. Yurasek said, I will. . you better believe I will.

Clair Michaels said, the way I look at it, when it's on somebody's property, as long as it don't go on somebody else's property, nobody has a complaint. That is their property and that is their private stuff and government should not complain about what he has or they have on their property as long as it is not going on to somebody elses property. They should not be allowed to say anything about it and when you have the Nuisance Ordinance, they're gonna be in there complaining about everything and anything. Steve Yurasek said, you mark my words. . I know four people within the Vinco area who are elderly. They haven't been cuttin their grass every couple days because they really can't afford it. You mark my words if you don't crucify those people just because you want to push this Ordinance. Solicitor Barbin said, tell us when it happens. Yurasek said, I will . .I definitely will.

Correspondence:
(None)

Old Business:
(None)

New Business:
Motion Wallet, second Westrick to adopt Ordinance # 168 amending the Jackson Township Zoning Ordinance and Map as recommended by the Jackson Township Planning Commission. Vote-3 yes.

Motion Westrick, second Wallet to adopt Nuisance Ordinance #169 for Jackson Township as recommended by the Jackson Township Planning Commission. Vote-3 yes.

Motion Wallet, second Westrick to hire Arleen Svencer as a Part-Time worker to replace Bob Wenklar at the Jackson Township Senior Center at a rate of $7.25 per hour not to exceed 20 hours per week and to make retro-active to June 1, 2011. Vote-3 yes.

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

Superpave Wearing Course, 9.5 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

HRI Inc.

$   68.35

**

Quaker Sales Corp.

$   67.00

*

New Enterprise Stone & Lime

$   66.90

$   75.10

Grannas Brothers Stone & Asphalt

$   65.00

***

*Quaker Sales Corp. Tri-Axle Truck Rate - $ 71.00 Per Hour
** HRI Inc. Tri-Axle Truck Rate - $ 80.00 Per Hour
***Grannas Brothers Stone & Asphalt - $75.00 Per Hour

Superpave Wearing Course, 19.0 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Grannas Brothers Stone & Asphalt

$   61.00

***

HRI Inc.

$   60.20

**

New Enterprise Stone & Lime

$   58.55

$   66.75

Quaker Sales Corp.

$   58.00

*

*Quaker Sales Corp. Tri-Axle Truck Rate - $ 71.00 Per Hour
** HRI Inc. Tri-Axle Truck Rate - $ 80.00 Per Hour
***Grannas Brothers Stone & Asphalt - $75.00 Per Hour

Superpave Wearing Course, 25.0 mm - per ton

Bid

Amount
FOB Plant

Amount
Delivered

Grannas Brothers Stone & Asphalt

$   58.50

***

New Enterprise Stone & Lime

$   56.05

$   64.25

HRI Inc.

$   55.30

**

Quaker Sales Corporation

$   53.00

*

*Quaker Sales Corp. Tri-Axle Truck Rate - $ 71.00 Per Hour
** HRI Inc. Tri-Axle Truck Rate - $ 80.00 Per Hour
***Grannas Brothers Stone & Asphalt - $75.00 Per Hour

Motion Westrick, second Wallet to award bid for AASHTO # 8, # 1, # 3 and # 57 Miscellaneous Stone Materials and Antiskid Type # 2 to New Enterprise Stone & Lime Company. Vote-3 yes.

AASHTO No. 8 Stone - per ton delivered

Bid

Amount

Grannas Brothers Stone & Asphalt

$   14.15

New Enterprise Stone & Lime

$   13.80

 

AASHTO No. 1 Stone - per ton delivered

Bid

Amount

Grannas Brothers Stone & Asphalt

$   13.65

New Enterprise Stone & Lime

$   13.00

 

AASHTO No. 3 Stone - per ton delivered

Bid

Amount

Grannas Brothers Stone & Asphalt

$   13.65

New Enterprise Stone & Lime

$   13.00

 

AASHTO No. 57 Stone - per ton delivered

Bid

Amount

Grannas Brothers Stone & Asphalt

$   14.15

New Enterprise Stone & Lime

$   13.80

 

Antiskid Type # 2 - per ton delivered

Bid

Amount

Grannas Brothers Stone & Asphalt

$   14.15

New Enterprise Stone & Lime

$   13.80

Motion Wallet, second Westrick to award bid for PA-2A Subbase to Grannas Brothers Stone & Asphalt. Vote-3 yes.

PA-2A Subbase - per ton delivered

Bid

Amount

New Enterprise Stone & Lime

$   11.60

Grannas Brothers Stone & Asphalt

$   11.40

Other New Business:
Motion Westrick, second Wallet to petition the PLCB to permit the Township to enforce the Township Noise Ordinance at Pit Stop 271. The motion was opened to public comment. Clair Michaels said, now don't we have a Noise Ordinance? Solicitor Barbin said, we do now. Michaels said, no. . we always had a Noise Ordinance. Chairman Baker said, no. . not now. Michaels said, yes we did because I remember it being passed. Acceptable noise was good till up at 12 o'clock at night. Barbin said, we couldn't find it. Michaels said, I'll guarantee there was one. . there was one in the Township. Manager Hirko said, the Police may have called it disturbing the peace. Michaels replied, no. . there was a Noise Ordinance. It was back. . .I'm gonna say in the 80's because I was comin to these Township Meetings in the 80's. Baker said, we have no record of it Clair. . you're welcome to look if you want. Michaels said, there was a Noise Ordinance put in. Barbin said, we couldn't find one. Steve Yurasek said, but there was one. .there's just another example. . there should be another Marcellus but that's ok. . you're laughing at me. Barbin said, I never laugh at you. Yurasek said, you know what the problem is. . you know in your own mind that this is the back door approach . . that's what you call it . . to stop any progress because you know. . . Barbin said, Steve. . I own 60 acres of ground and I have my gas rights. . you think I would want to stop Marcellus drilling in the Township? Yurasek said, you wanted to stop windmills. Barbin said, no. Yurasek said, that ain't what I heard. Barbin said, I wrote the first windmill agreement in Cambria County between the Portage Municipal Authority and the Borough of Portage for Gamesa. There were no windmills in Cambria County and I sat there and wrote the agreement for the first windmills built in this County. You have a view and you have a prejudice against me that you say these things Steve. . you don't have any facts. . you use your prejudice and you apply it to me. They're not true. . .these statements are not true Steve. Yurasek said, when you smirk or smile when somebody tries to say somethin. . . Barbin said, I smile when I think, that guy's got a point. . I smile for other reasons. . you're telling me you can read my mind and Steve. . that's not fair and that's not right and you don't have the right to do that. Yurasek said, It's just like. . .I got a neighbor. . he works every day. . he farms at night because he's runnin the tractor and the other night runnin the tractor, he was out there at 12 o'clock. That man can't help it . . he's trying to pay for a farm but you mark my words. .you good ole two shoe people. .you'll find a way to stop him from workin on his tractor. Barbin said, and when you think that happened Steve, you come and tell us. I'm not going to permit that to happen and there's a couple legal reasons why that can't be. . . one is because the Attorney General would come in and slam the Township because we're not allowed to use our Ordinances to interfere with normal agriculture. . now they came in for that guy on Fords Corner Road and he was being totally unreasonable. His problem was he dug his hole before he came in and got a permit and didn't know about the setback requirements and that's not our fault. That's his fault for not doing the right things. We're not allowed to interfere with agriculture and for you to say we're going to stop a guy from farming or plowing his fields. .we're not going to stop him from farming. . .it's not going to happen. Nobody here wants that to happen Steve. Yurasek said, well all this stuff starts out a little way and before long it's more. . .we don't like it and it just goes from one thing to the next. Baker said, alright, we got a motion on the table and let me reiterate, we only went into this noise thing with the Pit Stop at their request for help and we went into the Nuisance Ordinance at the residents request also. A vote was then taken. Vote-3 yes.

Public Comments:
Clair Michaels
said, one question I want to ask. . .what did these last two Ordinances cost the Township to put in? Chairman Baker said, what did you charge us for the Nuisance. . .$100? Chairman Barbin said, $150 maybe. For the Zoning I spent 8 to 10 hours. . . maybe $1,000 bucks to fix what was wrong with the Zoning Ordinance. Michaels said, ok. . thanks for mowing the grass. They could have went up higher. .I don't know why. Baker said, it was a different guy. .that's why. Michaels said, it's hard to get up there. . I know. . I'm one of the screwy ones in the Township.

Announcements:
Chairman Baker
announced, The Board of Supervisors next scheduled meeting will be held on Thursday, June 30, 2011 at 7:00 pm at the Jackson Township Municipal Building.

Adjournment:
Motion Wallet, second Westrick to adjourn the meeting at 8:14 am. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary

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