July 27, 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:
Dick McDowell
commented, I think your street lights are a very nice addition to the Township. They add a little safety to the intersections and make it a lot easier. . .especially for the people who donít live here. But. . Iím looking over this list and unless I donít understand, some of these seem to be a little bit redundant. I noticed you have one listed for Route 22 and Fords Corner Road and you also have one listed for Fords Corner Road and Turkey Path Road. That intersection is almost on the other intersection. Wouldnít one light suffice at that location? Then you have some more. You have Route 22 and Chickaree Hill Road and Route 22 and Mile Hill Road and Mile Hill Road and Whitetail Road. Now Chickaree Hill Roadís on one side of 22 and Mile Hill on the other side but Whitetail is right there too. Thatís three street lights at one intersection practically. . . and since the Chickaree Hill is a State road, isnít the State putting any lights up at any of their intersections? Theyíre lighting the cloverleaf down here I believe. Some of the other lights confuse me a little bit too. . . Route 22 and Pike Road West. . .just where is that? Manager Hirko answered, first of all, if you go up to Chickaree Hill and Mile Hill. . . .22 is very wide across. Thereís no way oneís going to light the other side. Using the example of Fords Corner and Turkey Path, thereís enough of a distance there that a light with a boom going out over 22 is not going to light Turkey Path or Whitetail at the other intersection also. If you want to see how close two roads are together, go down Route 271 and look at Mechanics Road and Mockingbird Lane. Theyíre close together but the light at Mockingbird does not light Mechanics Road. McDowell said, so you justified that? Supervisor Baker said, theyíre huge intersections. Solicitor Barbin asked, who came up with the locations? Hirko answered, we just looked at all the intersections along Rt. 22. Baker said, Dave went out with REA. McDowell asked, Pike Road West and Route 22? Hirko answered, Pike Road West will turn towards Fords Corner. Whitetail will join Pike Road West but the part that goes towards 22 will be called Pike Road West. It had to have a name. Thereís going to be a new section of pavement between Route 22 and this side road. . . so when you come to that cut-off, if you go straight, youíre going to be on Whitetail but if you turn towards 22 youíll be on Pike Road West. McDowell said, thereís going to be four lights there in that area. Hirko said, thatís correct. If you look at that area, theyíre pretty far apart. . the street lights on 22 wouldnít light back at the side roads . . . . if youíre lighting out over 22. . . and the Stateís not going to light our intersections.

Executive Sessions Held:
Chairman Bracken
announced that an Executive Session was held on Thursday, July 20, 2006 from 8:15 to 9:20 am to discuss Police personnel and legal matters. He also added that another Executive Session was held on Friday, July 21, 2006 from 8:05 to 9:05 am to discuss land acquisition.

Motion Stephens, second Baker to approve the minutes of the Board of Supervisors June 29, 2006. Vote-3 yes.

Township Financial Report:







$    148,153.00

$ 76,876.95

$     125,051.69

$     99,978.26


$ 1,523,208.27

$ 76,286.52

$       55,499.21

$ 1,543,995.58


$   145,391.57

$     559.38

$                .00

$    145,950.95


$    27,707.04

$  4,212.79

$        6,658.59

$      25,261.24

Motion Baker, second Stephens to approve the bills for the period of June 30, 2006 through July 27, 2006. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$    125,051.69

$           .00

$        6,658.59

Township Police Report:
The June, 2006 Police Report submitted by Police Chief Bob Fatula was presented. The figures for June were as follows: 911 Calls dispatched to Police were 351. Reportable Incidents were 58 broken down as follows: Theft-18, Identity Theft-10, Receiving Stolen Property-7, Harassment-5, Criminal Mischief-4, DUI (Driving While Under the Influence)-3, Forgery-2, Assault-1, Attempted Theft-1, Disorderly Conduct-1, Drugs-1, Indecent Exposure-1, Protection from Abuse Violation-1, Threats-1, Under Age Drinking-1 and Vehicle Theft-1. Accidents Handled-8, Traffic Citations Issued-18, Non-Traffic Citations Issued-6, Criminal Charges Filed were 50 broken down as follows: Theft-20, Identity Theft-10, Receiving Stolen Property-7, DUI (Driving While Under the Influence)-3, Armed Robbery-2, Forgery-2, Assault-1, Disorderly Conduct-1, Harassment-1, Criminal Mischief-1, Protection from Abuse Violation-1 and Under Age Drinking-1.

Manager Hirko
said, a letter was received to Chief Fatula from the Department of Army. It is basically giving us a grant for a MobileSynchRMS which includes an incident log, case-builder, and modules for querying, citations. . . . basically itís a computer program that will interact with the computers and theyíre furnishing this for free and it includes 4 licenses and everything that goes with the program. The next letter we have is from Miners Community Food Pantry. . .theyíre doing their annual Fund Drive and theyíre asking for a donation. They said this year theyíre especially hard-pressed because the Blacklick Valley Community Center has closed and they have to pay electric of about $60 Per month. It takes about $1,000 a month to operate plus electric and they estimate that about 300 families are served from Jackson Township. Last year we gave them $1,000. We also received a card from Steve & Barb Yurasek that says special thanks for the awesome fireworks display. . .they were a blessing for young and old. We received a letter from the Senior Center just thanking us for the Festival. . that it was well done and they were grateful to be a part of this event. Theyíre hoping we will do it again next year and not to change it. . just to fine-tune it.

Old Business:

New Business:
Stephens, second Baker to approve the subdivision of Frank & Eleanor Bombach as recommended by the Planning Commission. Vote-3 yes.

Motion Baker, second Stephens to adopt Ordinance # 139 - Roadmaster Ordinance which authorizes the placement of traffic control signs and enforcement of those signs. Vote-3 yes.

Motion Stephens, second Baker to authorize advertisement of Coal Bed and Methane Gas Ordinance as recommended by the Planning Commission. Vote-3 yes.

Motion Stephens, second Baker to authorize advertisement of Windmill Ordinance as recommended by the Planning Commission. Vote-3 yes.

Motion Baker, second Stephens to approve request by Michael Bezek, Fire Police Captain with the Jackson Township Volunteer Fire Company to add George Burkey as a Fire Police. Vote-3 yes.

Motion Stephens, second Baker to accept the resignation of Kathy Spaid from the Economic Development Committee due to personal reasons. Vote-3 yes.

Motion Stephens, second Baker to appoint Amy Willett as a member to the Economic Development Committee. Vote-3 yes.

Motion Baker, second Stephens to renew Amfire Mining road bond for a six month period to continue using 1.32 miles of Pike Road East. Vote-3 yes.

Motion Stephens, second Baker to continue into 2nd year of 5 year agreement with PennDOT requiring Jackson Township to perform winter maintenance on Benshoff Hill Road in exchange for reimbursement of $7,874.88 from PennDOT. Vote-3 yes.

Motion Baker, second Stephens to approve the following street light locations along and near the Route 22 corridor: Route 22 & Fords Corner Road, Route 22 & Pike Road West, Pike Road West & Whitetail Road, Fords Corner Road & Turkey Path Road, Route 22 & Chickaree Hill Road, Route 22 & Mile Hill Road, Mile Hill Road & Whitetail Road. Vote-3 yes.

Motion Stephens, second Baker to authorize American Forestry to do an evaluation of selective timbering at Mitchell Park. Vote- 3 yes.

Motion Baker, second Bracken to authorize the Recreation Commission to pursue the placement of additional pavilions at Mitchell Park. Supervisor Stephens commented, Iím in favor of putting pavilions in there. . whateverís necessary. At last monthís meeting I brought up that we give the Recreation Commission a "Carte Blanche" card on this paint. . . at that meeting I questioned the three thousand and some odd dollars and the amount of paint and I found out this month, thereís another additional $1,800 dollars which brought it up to almost $5,000 just for the paint. . . .and Iím not in favor of giving anybody from here on out a "Carte Blanche" card just to get out and do something at unlimited cost. I think itís only proper and good management that we require the Recreation Commission to submit to us a list of what they want to do and what the estimated cost is going to be before we get out and vote on anything. Supervisor Baker said, this isnít authorizing them. . itís just to come up with figures. Stephens said, it says to pursue the placement. Baker replied, that means theyíre looking at. . . Stephens answered, pursue the placement means they carry through with it. Manager Hirko said, it would require bids. Solicitor Barbin said, if you want to add to the motion. . . motion to authorize the Recreation Commission to solicit quotes or bids as required by law or approval by the Supervisors for pavilions at Mitchell Park. I think thatís what they intend. The next motion using the same words, you actually are authorizing to go ahead and do it. . .just to draw the difference between the two motions. Do you want to add those words to it? Baker answered, yes and to figure out where itís suitable to put them. Stephens said, based on that with the added change, Iíll make the motion. Motion Stephens, second Baker to authorize the Recreation Commission to solicit quotes or bids for pavilions at Mitchell Park. Vote-3 yes.

Motion Baker, second Stephens to authorize the Recreation Commission to pursue the installation of lighting at Mitchell Park Field # 1 by REA Energy Cooperative Inc. Solicitor Barbin said, and that would be authorizing them. . . you named your contractor. . youíre actually approving the work to be done. Supervisor Stephens asked, we havenít received a cost estimate yet? Manager Hirko said, no. . but REA said they would charge $200 per pole. . .the lights were donated unless we need a few additional lights. . . .the lights were free from a place in Altoona. . .theyíve just been sitting in storage for six years and we have five poles they can use from the Route 22 Project. Barbin asked, is it under $4,000? Hirko said, it could be. . I donít know a specific amount. Stephens said, we should have an estimate. Barbin said, okay but then weíre not authorizing them. . . which way are we going with it right now? If weíre under $4000 you could give a blanket authorization and our procurement code actually says you can authorize something under $4000 Hirko said, I canít say with certainty it would be under $4,000. Barbin said, well. . theyíd have to come back to re-approve it if itís over $4,000. You could make it approved if itís under $4,000 and if itís not theyíd have to come back for the approval. Stephens said, thatís fine with me. Hirko said, the unknown part is the labor of REA but theyíre a lot cheaper than Penelec. Motion Baker, second Stephens to authorize the Recreation Commission to pursue the installation of lighting at Mitchell Park Field # 1 by REA Energy Cooperative Inc. in amount not to exceed $4,000. Vote-3 yes.

Motion Stephens, second Baker to set additional meeting for the Board of Supervisors to be held on the 2nd Thursday of each month at 8:00 am. Chairman Bracken commented, I donít think we should put that second meeting in there each month unless we go into compensation and find out about it. The compensation for this meeting is the same as the other meeting. Supervisor Stephens said, weíre only allowed a maximum of $2000 per year no matter how many meetings. Supervisor Baker said, thereís an Ordinance that says that if you miss a meeting. . . . . Stephens added, youíd lose a $100 per meeting. . . we could change that. Solicitor Barbin said, you canít change it during your term of office. You can change it, but youíre the next one up and it would really only apply to you if you get re-elected and it wouldnít apply to them because itís actually an increase in pay. Itís a decrease in penalty. Manager Hirko said, itís not an increase in pay. Barbin said, the constitution says you canít increase or decrease a public officialís pay during their term of office. Bracken said, it wouldnít increase it. Barbin asked, youíre really not increasing or decreasing your pay. . it would still be $2000 per year? Stephens answered, right. Barbin said, so itís just the penalty provision. . itís not an increase? Iím sorry. . . I just didnít look at it right until we say that. Itís really not adding $1 to your pay. . . based on that we could amend the Ordinance. Hirko said, itís Ordinance # 71. Stephens asked, would we need to work with the Auditors on that? Barbin answered, no . . because itís not increasing or decreasing pay and itís not a benefit . . itís a penalty decided by the Supervisors. We can amend that Ordinance. . what would you amend it to? I need to know so I can start writing it. Could you amend it to say it only applies to the regular evening meetings? Hirko added, and the Reorganization Meeting. Barbin said, you could say that. You could do that because itís not an increase or decrease in pay. I was thinking itís an increase but itís not and the Constitutionís real clear. . you canít increase or decrease the pay of a Public Official during a term of office. . . .this isnít an increase or decrease in pay so itís not a problem. . . so you could change it. Baker said, so if you do this motion, you could add a motion under other new business to amend Ordinance # 71. Barbin added, advertise the change to # 71 so that it just applies to the regular evening meetings and Reorganization Meeting. Stephens said, then you wouldnít even need the additional Ordinance. Barbin said, but I have to put that in the Ordinance to say that. Hirko said, the way # 71's worded now, you would get deducted in pay for any meeting. Baker said, I think the purpose of that was to make sure you had an incentive to come. Thereís obviously times when you canít come. A vote was then taken on the motion. Vote-3 yes.

Motion Stephens, second Baker to authorize contribution of $1,000.00 to help support the Miners Community Food Pantry. Vote-3 yes.

Motion Baker, second Stephens on transferring $ 55,499.21 from the Capital Reserve Fund to the General Fund - $15,000.00 to the Jackson Township Volunteer Fire Company for annual contribution, $8,050.00 to Digital Ally for 2 digital cameras for police vehicles, $6,714.03 to Pashek Associates for work on Master Recreation Plan, $5,400.00 to Wyse Memorials for down payment on Veterans Monument expansion, $5,373.00 to Naugle Insurance for July installment, $5,200.00 to Appalachia Intermediate Unit 8 for Townshipís portion of Americorp position for the Jackson Township Recreation Commission, $3,469.38 to Spence, Custer, Saylor, Wolfe & Rose for Nischalke Lawsuit legal expenses, $2,700.00 to Richard C. Sutter & Associates for planning & consulting fees, $1,861.80 to Sherwin Williams for paint purchased for Leidy & Mitchell Parks and $1,731.00 to K & C Cleaning for floor and carpet cleaning at Senior Center Building. Vote- 3 yes.

Motion Baker, second Stephens on approving the time sheets from June 18, 2006 through July 1, 2006 and July 2, 2006 through July 15, 2006. Vote-3 yes.

Other New Business:
Baker, second Stephens to authorize the Solicitor to amend Ordinance # 71 so that the $100 penalty only applies to the Reorganization and monthly evening meetings. The motion was opened to public comment and there was none. A vote was then taken. Vote-3 yes.

Supervisor Stephens said, Dave Hirkoís done a tremendous job for us. I believe what Mr. Albright brought up at the last meeting caused me to do a little soul searching and I did a little research to see what weíve been paying and other managers in the area and I find that one of the local managers is making $50,000 a year and weíre paying $32,000. I think itís in our best interest to show appreciation to Mr. Hirko for a job well done. . he spends a lot of time. . .extra time, takes work home, stays here. . Iíve seen him here lots of time 4:30, 5:00 so he works overtime. Iíd like to show my appreciation by making a Motion to give him an increase of $1.00 per hour. Supervisor Baker said, itís not in a contract. Chairman Bracken agreed, itís not in a contract. Baker made a second to the motion. The motion was opened for public comment. There was none. A vote was then taken. Vote-3 yes. Stephens added, we just want you to know we appreciate the job youíve done and the good-naturedness and the public relations. Manager Hirko replied, thank you, I appreciate it.

Public Comments:
Nischalke asked, the lawsuit. . is that the proper word for land use appeal? I havenít filed suit against you people yet. Solicitor Barbin said, you filed appeals to the Court and then you filed appeals from the Court decision. . .itís law. . .itís a suit. . .itís a generic term. Could you be more specific. . sure you could be more specific but it is a lawsuit.

Chairman Bracken
made several announcements: The first announcement was that The Board of Supervisors next scheduled meeting will be held on Thursday, August 31, 2006 at 7:00 pm at the Jackson Township Municipal Building. The second announcement was that the Cambria County Courts and the office of Judge Long will sponsor a Youth Fair at Leidy Park as part of their Anti-Drug & Alcohol Awareness Program. The event will be held on Wednesday, August 2, 2006 from 11:00 am to 1:00 pm and is for elementary and high school students. Admission is free and there will be free refreshments, t-shirts, games and prizes. There will also be drawings for giving away free sweatshirts and bicycle helmets.

Motion Baker, second Stephens to adjourn the meeting at 7:35 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary