June 29, 2006

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, Bob Stephens along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by Dave 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:

Motion Baker, second Stephens to approve the minutes of the Board of Supervisors May 25, 2006. Vote-3 yes.

Township Financial Report:







$   120,150.57

$ 156,333.57

$     128,331.14

$    148,153.00


$ 1,538,357.21

$   61,902.72

$       77,051.66

$ 1,523,208.27


$   144,801.65

$       589.92

$                .00

$    145,391.57


$     26,495.55

$    2,487.21

$        1,275.72

$     27,707.04

Motion Baker, second Bracken to approve the bills for the period of May 26, 2006 through June 29, 2006. Supervisor Stephens said, Iíd like to comment. On Page 3 of the General Fund, thereís an entry for $441.36 to Mercikís Bi-Lo. Could you tell me what thatís for Dave? Manager Hirko replied, We had a work crew from Cambria County - Judge Longís office. . .itís a maintenance crew who did painting and other work at Mitchell Park and Leidy Park. We had free labor but we had to provide them a lunch every day they worked. We had all the painting and work done for free by using that work crew. Stephens asked, how many days did they work. . .how many people were there? Hirko replied, there was usually 7 to 9 people on any given day. I think there were 13 days total. . Tim and Al were down with them every day. Stephens said, so this is what itís for. . .their lunch? Hirko answered, yes. Stephens said, this is reasonable. . .I was wanting to get out and find how many people were involved. . .thatís entirely reasonable. Tim Davis said, the lunches usually run $3.89 and that is the cheapest thing per person. Stephens answered, very good. Page 4 - Sherwin Williams Company, paint for Mitchell, an amount of $3,019.09. Hirko said the paint sprayer was listed there. . .thatís $8,988.00 . . thatís the line painting machine. . . the rest is paint. Stephens said, I have some questions concerning that. . six entries of paint for Mitchell Field. . . .$3,019.09. . .how many gallons of paint was there? Hirko said, I would refer this to Al and Tim. Al Slippy said, itís for the tennis court area. .itís a coating sort of like a driveway coating with a color. . probably about 160 some gallons and it has the anti-skid material mixed in. Stephens asked, roughly $30 a gallon? Slippy said, around $30 to $35. Stephens said, the paint sprayer itself. . . who authorized buying that? Hirko replied, it fell in an amount that required quotes. . there were 3 quotes. The Roadmasters talked with Cambria Township. . .if you remember Bob at the Cambria County Coalition Meeting, it came up about the line painter. . thatís how that started. Stephens said, I would think that anything over $4,000. . .up to $4,000. I can understand having some leeway but once you get over $4,000. in expenditures and itís no set number. . this doesnít seem logical because Supervisors ought to have the authority. Solicitor Barbin said, I donít have the Ordinance centered right in my mind but I think your thought is well taken. Stephens said, itís something we can consider. Barbin said, if the Supervisors havenít authorized it up to a specific amount above whatever amount the Superivsors authorized it can come back for approval by the Supervisors at their meeting. If you vote for it tonight, youíre approving it tonight. Stephens said on page 5 . . Vinco Ace Hardware. . .it says Mitchell Rain on 6/12. . what was that for? Hirko replied, I would have to look at the bill because it just shows an abbreviation there. . .do you want to see the bill? Stephens answered, no. Hirko said Connie enters the bills and I would have to look to see what that was for. The amount was $76.88. It had something to do with Mitchell Park. Tim Davis said, we got some brushes, gloves and rags. Hirko said, that probably shows just the very beginning on the bill list and there were probably multiple items purchased there. Stephens said, what Iím leading up to. . .I want the Recreation Commission to know first hand . . .and in both instances I complimented them on the excellent job where they went above and beyond on the Veterans Monument and this Fishing Derby for the kids. I think they did a terrific job, but we got to be careful about how much weíre spending. We got to document and itemize exactly whatís bought. . I think the appropriations are about $20,000. for the year. Hirko said, that probably would pretty much cover maintenance. . .like the Veterans Monument. .they couldnít have done that. Stephens said, I realize that. . we were all in agreement to do it over and above that. Iíd like to see a statement at this time of what the Recreation Commission has spent or how much they have left in their appropriated budget. Hirko said, you probably have that in your monthly printouts. When I print the monthly reports, it will be there in the Account 480 range. It will have all the Recreation Accounts together and it will show exactly what is spent on recreation related activities. Every month you can find that in that account rage on those reports. Iíll be printing them out in the next couple of days. Stephens asked, is the balance statement there? Hirko replied, I can show you what would be deducted out of that $20,000. I can break that down. Stephens said, okay. . thatís all I have on that. A vote was then taken. Vote-Baker & Bracken-yes, Stephens-no.

General Fund

Highway Aid Fund

Senior Center Fund

$    128,331.14

$          .00

$      1,275.72

Township Police Report:
The May, 2006 Police Report submitted by Police Chief Bob Fatula was presented. The figures for May were as follows: 911 Calls dispatched to Police were 344. Reportable Incidents were 37 broken down as follows: Theft-11, DUI (Driving While Under the Influence)-4, Receiving Stolen Property-4, Criminal Mischief-3, Terroristic Threats-3, Assault-2, Criminal Conspiracy-2, Armed Robbery-1, Disorderly Conduct-1, Drugs-1, False I.D. to Police-1, Forgery-1, Public Drunkenness-1, Reckless Endangerment-1 and Resisting Arrest-1. Accidents Handled-4, Traffic Citations Issued-33, Non-Traffic Citations Issued-2, Criminal Charges Filed were 25 broken down as follows: DUI (Driving While Under the Influence)-4, Receiving Stolen Property-4, Theft-4, Terroristic Threats-3, Criminal Conspiracy-2, Criminal Mischief-1, Assault-1, Disorderly Conduct-1, Drugs-1, False I. D. To Police-1, Forgery-1, Public Drunkenness-1 and Resisting Arrest-1.


Old Business:

New Business:
Chairman Bracken
announced, at this time we will review the bids received for the Veterans Park Lighting & Electrical Project. Manager Hirko asked Solicitor Barbin, is all the paperwork in order for these. Barbin replied that the next lowest bidder has the proper paperwork. Bracken said the bids received were as follows: Schultheis Electric-$127,839.60, John A. Krause Electrical Service was bid without the prevailing wage so their bid was $90,000.00. Church & Murdock bid $129,900.00, Mashan Electric bid $152,519.00 and Blalock Electric bid $145,216.36. All of these have a bid bond. Barbin said, the low bidder called Mr. Hirko shortly after the bids were opened and said that they have not included in the calculations payment of prevailing wages. Pennsylvania Law on contracts says that a contractor can withdraw his bid because of a mathematical error within 72 hours but heís got to put it in writing and if he does that he becomes responsible for the cost of a re-bid if we choose to re-bid it and if you choose to re-bid it, heís not allowed to bid. Heís not allowed to bid a second time, but heís not responsible for the difference between his bid and the next highest bidder. If he goes longer than 72 hours or his problem isnít a mathematical error then his bid bond goes to pay for the difference between his bid and the next lowest bidder. . . .but if the gentleman submits in writing what he told Mr. Hirko over the phone this afternoon that he made a mathematical error by not including prevailing wages, he would be entitled to withdraw his bid and you then are faced with. . you award it to the next lowest bidder for $127,839.60 or re-bid the project. . .the problem with re-bidding is thereís a close window. . there was a close time-table in the Contract because you wanted it done before Veteranís Day. Hirko said, otherwise you get into next year. Barbin said, if you wanted to award it to the next lowest bidder you would make a motion that said, awarding to Schultheis Electric provided that Krause Electric provides you written verification of their statement that they made a mathematical error not including prevailing wage within the 72 hours. Hirko said, I did want to mention that we already have a $45,000. grant and we should be able to get another one with Tom Yewcic with an amount to be determined yet. Stephens asked, so we already have $45,000. for this? Barbin asked, is the $45,000. just for this? Hirko replied, yes . .for Veterans Park. . . if itís applied on behalf of that project. Supervisor Baker said, as long as itís applied to Veterans Park you donít lose it. Hirko said, thereís probably a window or time-frame for the grant. Barbin added, it depend on what the grant is. I wouldnít say flat out that you lose it. . .do you have a copy of the contract? Hirko replied, yes. I think you have a certain time period but Iím not sure what that is. Barbin said, you can ask for an extension of time for extraneous reasons. You could delay it and make a good argument to the State for an extension but do you want to extend it?. . thatís your judgement. Bracken said, our motion then would have to say we would award the bid to the lowest bidder contingent on John A. Krause withdrawing his bid in writing. Hirko said, I met with Schultheis when they visited Veterans Park and they needed in the storage building at the Senior Center so I had to go down and let them in. Iíve talked to all the contractors on the phone a lot as they had countless questions on this project. As a matter of fact, I didnít have any bids at 11:00 am . . they all came in after 11 and several contractors told me the lighting manufacturer wonít even give them a price sometimes until 3 hours before the bid opening because theyíre afraid the cost will go up and theyíll get locked into something. Bracken asked, so do we want to award the bid to the lowest bidder or re-bid it. Motion Stephens, second Baker to accept the low bid from Schultheis Electric with the condition that John A. Krause submits in writing within 72 hours. Stephens said, that will get it done this year as opposed to next year. Hirko added, something else may come up next year. A vote was then taken. Vote-3 yes. Hirko said, Iíll contact him tomorrow about sending a letter.

Motion Stephens, second Baker to approve advertising of Roadmaster Ordinance to authorize placement of traffic control signs and enforcement of those signs. Vote-3 yes.

Motion Stephens, second Baker to accept the resignation of part-time Police Officer, Matt Hirko. Vote-3 yes.

Motion Stephens, second Bracken on transferring $ 77,051.66 from the Capital Reserve Fund to the General Fund - $ 40,982.00 to Cambria Tractor & Equipment for Roller and Air Compressor, $12,007.09 to Sherwin Williams for line painting machine and paint, $8,143.37 to Pashek Associates for work done on Master Recreation Plan, $5,373.00 to Naugle Insurance for June installment, $3,387.50 to Richard Sutter & Associates for planning and consulting services, $3,210.00 to Wyse Cemetery Memorials for engraving, $1,747.20 to M & M Uniforms for new police uniforms, $1,162.83 to Quaker Sales for road patching materials and $1,038.67 to Grannas Brothers for miscellaneous stone. Supervisor Stephens said, Iíd like to comment. The motion shows $40,982.00 to Cambria Tractor and on Page 1 under General Fund the Statement shows Air Compressor for $3,765. - Invoice # WS0755 Capital Purchase $29,687. and that comes to a total of $33,452. . . why the $40,982. on here? Hirko said, Iíd have to pull the vendor report. . I could show you the bills. Stephens said, I just see the difference and I donít understand why. (Hirko left the meeting room to get the actual bill Stephens was referring to and then returned.) Hirko said, I think what happened there was when the Water & Sewer Authorities sent their checks in for the Air Compressor, the incoming revenue used the same account number and then it took that off. . thatís why youíre seeing a different number on the bill report. We paid the whole bill for the compressor. Supervisor Baker added, then the Water Authority kicked in their third. . the Sewer Authority. . their third. Youíre taking their two thirds off of it. Barbin asked, the $40,000. here is the total amount? Hirko answered, thatís what we paid. Baker said, the amount Bob seen on this report already had the amount deducted from the Water Authority and Sewer Authority. Hirko said, the same account number was used as revenue. When they paid us it came in as revenue against the Air Compressor. Barbin said, like a credit against the purchase and the creditís not showing under the expenditures. Hirko said, it knocked it off of the Quickbooks figures though. Stephens said, thereís still a difference of $7,000. Hirko said, when the Water Authority paid their third and the Sewer Authority paid their third it came in as income against that account where the Air Compressor was charged to so thatís why it took $7,000. off. Stephens said, the Air Compressor was $11,295. You got $3,765. for the Air Compressor. Barbin said, Quickbooks automatically subtracted the amounts when they paid up off this sheet. Stephens said, this is our amount? Hirko replied, yes. . thatís our amount on here. A vote was then taken. Vote-Baker & Bracken-yes. Stephens said, I have to vote no because of the Sherwin Williams line painter.

Motion Stephens, second Baker on approving the time sheets from May 21, 2006 through June 3, 2006 and June 4, 2006 through June 17, 2006. Vote-3 yes.

Other New Business:

Public Comments:
Gerry Dugan
said, Iíve come here tonight to talk about the Salt Lick Water Line on Ogden Road. This is concerning an article in the Mountaineer Herald where Dan Penatzer made the statement that he wants the Supervisors to adopt an Amendment to an Ordinance to make it mandatory to hook into this water line. Iím here to ask the Supervisors not to even consider such an Amendment or pass a new Amendment to force residents to hook into this water line. According to our Ordinance # 47 - Jackson Township Supervisors, we are only under mandatory tap-in with the system of the Township. That water line is not of the Township and we appreciate the Supervisors trying to protect the citizens rights and to be forced into this just because Dan Penatzer up in Ebensburg feels itís necessary. Thereís several issues on this. . their tap-in fee is $1,700. Thereís quite a discrepancy in billing inquiries and Iíd really appreciate. . . I have several residents here with me that also think thereís a lot of things going on with this water line they built that maybe the Solicitor should be looking into. Our own Water Authority gets money back from Ebensburg for every water bill paid off of that Salt Lick Water Line and we donít understand why. I have all kinds of figures, documents . .if the Supervisors would like to look at them after the meeting. Weíre just here requesting that we would appreciate it if theyíd look out for our best interest on this water line because we feel if people want to hook into it voluntarily, I think itís a great thing for people who need it but for those of us who donít want it or any part of it, we donít think that should be forced and the Supervisors have the power to tell Ebensburg and Dan Penatzer no. I think the Township should be very careful dealing with this man and the Coalition of Governments. I think everybody should have an education over this water line. We were told at first that this was going to be a Jackson Township Water Line and it never materialized and I understand thereís a lot of logistics to it but thereís an Agreement signed for that and the then another Agreement when it was finally said and done that is nothing to what the first one said and Iíd just appreciate it if they would take that into consideration whenever this comes up because according to the paper, Cambria Township right now is adopting a new Ordinance to force their residents to tap into this.

Steve Yurasek said, at the last meeting I questioned your wisdom about letting Police Officers take their gun home with them. . .well Mr. Barbin specifically said he had the legal right. I canít see his point. . a couple days later after Officer Hirko shoots up Johnstown, drunk and disorderly, your law firm is going to defend the man. Did they get the gun back the next day or did they put that in the evidence locker? Solicitor Barbin said, I donít know. Manager Hirko said, everythingís returned to my knowledge. Yurasek said, supposed to. . supposed to. Thatís what happened to the other guy that was supposed to and ended up in Ebensburg Court. This scenario doesnít get any better. Several days later after that one of our Supervisors made the statement on public property that if he just hadnít shot the gun we could cover this all up. Now we could go from bad to worse and worse to bad. You donít give a guy a lawnmower and tell him to take it home if you want to cut some grass and make some extra money. A firearm is a serious thing. If you guys would have spent time in the military youíd know you damn well better account for every weapon. . not out with some gun happy person who wants to shoot the town. Didnít you do a background check on this guy prior. . before you hired him? Barbin said, he was licensed by the State. Yurasek said, licensed by the State and doing a background check are two different things.

Clair Michaels said, I wanted to thank you for trimming that bank there along the Township there by my property. The guys did a real good job cause I ask them to back up and trim it again and he did. On this Salt Lick Water Line. . .didnít the Township spend thirty-some thousand on putting fire hydrants in and they want to charge the people thatís going to have to take it . . . fire hydrant tap-ins. . why should they be paying when we already spent that kind of money on that. . .those fire hydrants belong to Jackson Township. . if you do tap-ins, donít let these people charge them extra money unless we get our thirty-some thousand dollars back.

Bob Albright said, Iíve been in the Township for a long time. . I come to the meetings and other people come to the meetings. A lot of people in this Township know theyíre getting information they never got before. I want to thank Mr. Hirko personally for the stuff he puts on that website. Anybody who has a computer, get on that website and thereís all kinds of information on this Township you donít know. I think you gentlemen should compensate him monetarily. . thatís just my personal opinion. Supervisor Stephens said, everybody knows what a good job heís doing. Albright said, heís doing a super job here in the Township. Chairman Bracken said, nobody knows how much that man does. Albright said, I think you three gentlemen ought to compensate him for it. Stephens said, January 1st.

Gerry Dugan asked, has Ebensburg approached this Board about amending this Ordinance? Manager Hirko said, we received a letter. Chairman Bracken said, yes. .they did approach us.

Dugan asked, whatís the Boards thought on this? Barbin replied, they havenít told me to write an Ordinance. Hirko said, basically at this point, we got a letter.

Zelda Dugan said, Iím sure you read this article in the paper on Conemaugh Township, Somerset County and theyíre getting less money from their landfill and theyíre out of money. I think you guys should quit spending so much and invest a little more. Somewhere down the road, we may not have as much money in our budget and we might be hurting. Supervisor Baker said, youíre exactly right. Clair Michaels said, Iíve been saying that for 15 years.

Chairman Bracken
made several announcements: The first announcement was that the Board of Supervisors next scheduled meeting will be held on Thursday, July 27, 2006 at 7:00 pm at the Jackson Township Municipal Building. Another announcement was that the Jackson Township Heritage Festival will be held on Saturday, July 15, 2006 from 10:00 am -7:00 pm and Sunday, July 16, 2005 from Noon to 6:00 pm. There will be lots of food, entertainment and activities each day. On Friday, July 14, 2006 there will be an under 21 dance and concert featuring four bands from 6:00 - 10:00 pm. Also on Friday at 6:00 pm will be the 2nd Annual Aaron Rusin Battle of the Barrel with proceeds benefitting the Aaron Rusin Scholarship Fund. Other events include: Saturday - The Fabulous Flashbacks from 7:00 - 11:00 pm and a Fireworks Display at 9:30 pm. On Sunday, a dance will be held featuring The Polka Family Band from 6:00 - 9:00 pm.

Motion Baker, second Stephens to adjourn the meeting at 7:40 p.m. Vote-3 yes

Respectfully submitted,
David M. Hirko, Secretary