July 29, 2005

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 and Bob Stephens along with Secretary-Treasurer / Manager Dave Hirko. Attorney Wayne Langerholc Jr. attended in place of Solicitor Bill Barbin.

Board Roll Call was taken with Dave Bracken & Bob Stephens present. Supervisor Bruce Baker was unable to attend.

Public Comments Concerning Agenda Items:

Stephens, second Bracken to approve the minutes of June 30, 2005, July 18, 2005 and July 21, 2005 Board of Supervisors meetings. Vote-2 yes.

Township Financial Report:







$     75,993.13

$ 120,450.47

$    138,059.25

$     58,384.35


$ 1,333,688.44

$   64,403.47

$    119,977.14

$ 1,278,114.77


$   133,236.54

$       285.20

$     86,171.93

$     47,349.81


$    26,579.58

$    4,887.95

$      3,816.05

$     27,651.48

Stephens, second Bracken to approve the bills for the period of July 1, 2005 through July 28, 2005. Supervisor Stephens asked Attorney Langerholc for a legal opinion. He said Iíd like to know if itís legal and proper for the Recreation Commission Chairman to get out and do a job that the Recreation Commission is in charge of and get paid for that job. Attorney Langerholc asked if the project was the Townshipís. Stephens replied, right. Langerholc asked if the Recreation Commission Chairman is employed by you. Stephens replied, right. Manager Hirko said he was working like a contractor. What it was, there was a wooden bridge built between the Fire Company and Senior Center parking lots out of treated lumber and he said he would do the work. Langerholc asked, was it outside the park and recreation duties. Chairman Bracken answered, right. Hirko said we asked him to do it. Langerholc said I donít see anything that prohibits him to do that as a contractor. Stephens asked, would it be proper for a Supervisor or member of the Recreation to get out and bid on cutting grass which the Recreation Commission is in charge of. Langerholc replied that youíre talking about two different things there. Langerholc said if I understand it correctly youíre asking me if the Recreation Commission Chairman can do additional work. Itís my understanding that the bridge was not part of the Recreation Commission itself but something separate. Bracken said it was to connect the Fire Company parking lot and the Senior Center parking lot. Langerholc asked if that project was in the best interest of Jackson Township. Bracken replied yes and especially for the Fire Company with disabled people that have wheel chairs. Langerholc said, And you authorized that? Hirko said I wrote a purchase order. Itís hard sometimes to get a contractor to do something smaller and he was available and agreed to do it. Stephens said it could be taken as a possible conflict towards the appearance of a conflict of interest for the Chairman of the Recreation Commission to do work and get paid for it over which he has charge of and Iíd like your opinion. Hirko said the Recreation Commission members are not paid and theyíre only an advisory commission. Langerholc said, so theyíre not paid. Hirko said no. . . he is getting paid for this particular job. Somebody had to do it and he was available to do it. Langerholc said I donít see no problem with this. Stephens said based on legal advice we were given, I make that motion to approve the bills. Bracken said Iíll second it. A vote was then taken. Vote-2 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$     138,059.25

$       86,171.93

$     3,816.05

Township Police Report:
The June, 2005 Police Report submitted by Police Chief Bob Fatula was presented. The figures for June were as follows: 911 Calls dispatched to Police were 340. Reportable Incidents were 26 broken down as follows: Harassment-6, Vandalism-5, Theft-4, Assault-3, Trespassing-3, Underage Drinking-2, Burglary-1, Disorderly Conduct-1 and Vehicle Theft-1. Non-Traffic Citations Issued-6. Traffic Citations Issued-26. Accidents Handled-11. Criminal Charges Filed were 5 broken down as follows: Underage Drinking-2, Assault-1, Disorderly Conduct-1 and Harassment-1.

Manager Hirko
stated that we received a letter from Mary Ann Zanghi, District Justice and she just wanted to thank the Supervisors, Water Authority, Fire Department and anyone else who is responsible for keeping her parking lot open during the Festival being that she was on call. She needed so many parking spaces and it must have worked out well for her as she appreciated having those spaces open. The other letter we received was from the Jackson -East Taylor Sewer Authority. The letter states, Dear Jackson Township Supervisors; On behalf of the Jackson-East Taylor Sewer Authority Board, I would like to take this opportunity to thank the Township Superivors for the generous grant offer of $250,000.00 to expand sewer lines in the Cherrywood & Brazil Lane areas of Jackson Township. The Authority is committed to helping develop the infrastructure of Jackson Township. Again, your generosity is certainly appreciated. Dowey Croyle, Chairman.

Old Business:

New Business:
Stephens, second Bracken on approve Resolution 04-05 approving a new five-year agreement to provide Winter maintenance on Benshoff Hill Road in exchange for reimbursement from PennDOT. Vote-2 yes.

Motion Stephens, second Bracken on approving Bowers & Averi Easements for Blackburn Road Drainage Project pending the approval of the property owners. Vote-2 yes.

Motion Stephens, second Bracken on transferring $ 119,977.14 from the Capital Reserve Fund to the General Fund - $36,142.82 to Quaker Sales for road paving materials, $34,208.80 to Manderbach Ford for new truck chassis, $13,800.00 to Grannas Brothers for road paving projects, $9,692.00 to Scanlon Electric for electrical work at Veterans Park, $5,975.44 to Naugle Insurance for July Installment, $4,100.00 to Wyse Memorials for partial payment on Veterans Monument, $3,999.00 to Rose Excavating for work done at Veterans Park, $3,255.00 to P. Joseph Lehman for work done on Comprehensive Plan, $2,850.00 to Tel-Power Inc. For LED Traffic Signals, maintenance agreement and $2,640.00 to Robert K. Orris for Public Announcement / Sound System at Veterans Park, $1,916.08 to Hegemann & Wray Engineers for work on Pike Road Water Project and $1,398.00 to Cooper Signs for new sign at Veterans Park. Chairman Bracken noted that $48,131.00 to be reimbursed from grants and money due from the following: Pennsylvania Dept. Of Community & Economic Development for work at Veterans Park, Cambria County for 2005 road paving projects and Amfire Mining for paving and repairs on Pike Road East). Vote-2 yes.

Motion Stephens, second Bracken on approving the time sheets from June 19, 2005 through July 2, 2005 and July 3, 2005 through July 16, 2005. Vote-2 yes.

Other New Business:

Public Comments:
Don Shirk
said three years ago we asked you for money to put a water main down in the hollow. At that time we asked for money to be taken out of the Capital Fund to see that that job could be done. We were told at that time it canít be done and it can only be used for the good of the Township. Am I right in what you said. Chairman Bracken replied right. Shirk said why would you give $250,000 of that Capital Fund to Cherrywood Estates for a sewer job. Bracken said we give a lot more money and that for that water line down there. Shirk asked what have you given me. Manager Hirko said close to $500,000 in CDBG funds are committed for that project. Will Michaels said thatís not landfill money. Hirko answered, correct. Shirk asked, can you show me on the books the three grants we got on our water main. . . do we still have that money and know that it ainít been used. Hirko said, I have a call into Larry Custer but he did not return my call yet. Shirk asked did you ever use the 3 grants. Supervisor Stephens said, I sent Larry Custer a letter about three weeks ago and I sent it registered and I requested a complete break-down of every penny thatís spent to-date out of the approximately $390,000 dollars that we have received up until the time that I knew. . . . . evidently we must have got another grant. I think the first year was approximately $123,000 and the third year was about $134,000. So it was approximately $380,000 or $390,000. Shirk said, and we still donít have enough money for that water main. Stephens said, what I wanted to know is that we never received a final cost on that project to my knowledge. What I requested from Mr. Custer was that we have a complete break-down of every dollar thatís been spent up till now. . what he estimates the total cost is gonna be. . . the last time we talked to Mr. Custer he said that there was the other grant money available to work on and Iím trying to figure out what may the Township end up contributing to that project if necessary, and to date, I havenít received a reply back form Mr. Custer. Will Michaels said itís been almost a year since I talked to the engineers down there. They were trying to figure out a cost on that job then and you mean to tell me in a yearís time, they couldnít get a figure. Stephens said thatís the reason I sent Mr. Custer a letter. Weíve received no concrete information to my knowledge as to whatís been spent, what stage the projectís at in itís entirety up to this point. . . .at the last meeting here I believe he said sometime this Fall heíd be starting but we havenít received anything concrete to my knowledge. Iíd just like to know when itís going to start, when the estimated time itís going to be completed, what the total cost is going to be, how much money weíve received so far to date, where the moneyís been spent and what weíre going to need to complete the project. Shirk said for some reason Bob, there are people down there surveying that line today. The comment that came back to me when I talked to the guys was, you guys have a meeting scheduled for tonight. . donít you? That sounds like to me that those guys were sent down there today to do this because of this meeting here. Stephens said, I donít know what their intentions were Don. Shirk said Iíve burned up a pick-up truck out hauling water and itís not a fun job. Stephens said, Iím trying to keep abreast of things and trying to be informed as to whatís going on and I havenít received the answers back and thatís all I can tell you. Shirk said about 4 people down there besides me are hauling water. What Iím asking is why canít we get some of this money from that garbage dump. . . we put up with that odor for all these years and now we got gas odors to put up with and weíre going to make money on the gas down there. Why canít we use this money. Bracken replied, your moneyís coming. Shirk asked, why canít we use dump money. Bracken said, because weíve committed the other money. Shirk said, we havenít got enough of it. Bracken said, we got enough of it. . .we put in $500,000 of it. Shirk said, but you canít tell me when weíre gonna get it. Bracken said, right. . how am I going to tell you that. Shirk said, we need water buddy. Bracken replied, weíre aware of that. Weíve been working on it. Hirko said, Iíll call Larry Custer tomorrow. The last time I called him, he wasnít there and I left a message with his secretary to call me. I did not hear back from him. . he may be away. Iíll call him tomorrow again. Shirk said, Iíd like to have some of the Capital money to finish that water line out. . .thatís what Iím after. Doris Shirk said I think weíre going to need a lawyer to get what we need, because weíre not getting anywhere with the people from the Township. You give the money to everybody else but forget the people they ruined the water for. Weíre the ones suffering down there. . .22 homes, but you give it to somebody for a sewer line that donít even want it. My brother lives on Brazil Lane and I know. You can take $250,000 and pour into them free without a nickel difference back but you canít give somebody the landfill ruined our water. You canít help us out? Thereís something wrong with this Township. I think we need to get a lawyer and a judge to find out what the heckís going on. Michaels said at the last meeting there was something mentioned about back in Ď82 we could have had water down there but the people didnít want it. It wasnít Ď82 and Iím not exactly sure what date it was but at that time it was Banks that was trying to get permits for that dump and there was something in there from the DEP or maybe DER for them to have water and it looked good like it was going to go through and when that dump permit got approved, everything stopped on water and there wasnít another thing mentioned about water. That $250,000 was different money than what the grant is because we was told how long ago that the grant money was for this purpose. That Capital Reserve money that comes into the tune of over $600,000 a year to this Township and $600,000 a year to Cambria County from that dump. . .that money. . if it wasnít being used in the interest of the complete Township, it couldnít be used and this is why it was questioned. . .how comes itís used for this Sewer Authority when it was asked before. Another thing. . there would have been water down there along time ago if this Township didnít want to control the water. High Ridge could have put it in for under $600,000 and Iíll guarantee this is going to go well over $600,000 by the time. . . and itís a bunch of bull when somebody mentions that High Ridge didnít count on a pump and a couple of other things. High Ridge has it set up that the water would have been there. Doris Shirk said I have the letter that we signed that we paid $400 for. . .it was for the water going through the Rager Hollow Road at the time. I have a copy of it right here. After they got our $400 and about 14 homes paid you decided that it wasnít feasible to come down there so it went across to Mile Hill and then we got our $400 back. That was to get your landfill in. . . so if you would like to read the letter. . . I got my receipt right here and it tells me itís a 3/4" service connection to be made from the Authorityís water mains in Jackson Township, Cambria County and it gives our property number and we agreed to pay a tap fee of $400 which we did. But after you got your landfill in and got your other grants, we were thrown out because we got our money back. That was a gimmick to get your money and you got it but we didnít. Art Lorditch asked, do you remember when the DEP did a study down there in the hollow about monitoring wells. Remember when they came down there and they tested all the wells and the holding ponds at the landfill and you people were going to drop water down that road. That was over ten years ago. Iím the one you told that night that not a penny out of the Capital Reserve Fund could be used to bring us water. Bracken said, I donít think I ever told you that. Lorditch replied, yes you did. I suggested that you take money out of it and when you got the grant money, put it back in the Capital Reserve Fund. You told me that money could only be used for everybody in the Township and not for one individual group yet you turn around and you gave $250,000 for a sewer line. Iím going to dig that letter out. . .I want you to read it because they were ordered to run water down there. Doris Shirk said, youíre not treating us right. Lorditch said, Iíve held back. . .one night you told me not to threaten you when I told you about going to a law firm in Pittsburgh to file a class action lawsuit. We want water down our road. I have a law firm in Pittsburgh thatís just waiting to get that letter from the DEP. I donít want to do it. I donít want to file a class action lawsuit on behalf of the people down in our hollow. All we want is water. . .thatís all we want. Bracken said, youíre going to get the water. Lorditch said you got that letter I have from the DEP and itís over 10 years old. Thatís negligence. Don Shirk said weíve been trying to get water down there 15 years. Lorditch said the letter states that thereís a major problem at the landfill. Well, the major problem is because Banks never had a liner in the thing. You canít blame it on this landfill because theyíre not the ones that did it, but when you buy property thatís contaminated, you buy whatever problems there are. Thatís why people do testing to see if thereís any contamination before they buy property. Once you buy it, youíre stuck whether youíre the party that contaminated it or not. When they took the landfill from Banks and paid them for it, they bought the problem. The whole thing boils down to, we are the last people in this Township to get anywhere with anything, but weíre the people who put up with the stench and the trucks and the dirt which is another thing. . this stone quarry. . . how comes theyíre not being stopped from dragging all this dirt out on the roadway. Nobody in this Township has to put up with anything like we put up with but weíre the last people on the list to get a dollar out of that Fund. Michaels said I plowed my garden up last year and this Township truck told me to take a broom and broom it off the road but yet I wash my truck and I go over that mountain and it donít even look like it was washed. Thatís an everyday occurrence. Doyle Plowman was plowing a field and the State Cop turned right in my driveway and went up in the field after them. Don Shirk said you never see a Township cop down there in the daytime. I think 15 years is long enough to wait for water and something should be done about it now. This thing is getting old. Everybody down there is carrying water in plastic jugs or in a truck and thatís our means in getting water in here. Lorditch said, in 2005 thatís the way to live. In this day and age, people got to haul water for everything they do. Don Shirk said weíre about 20 years behind the times down in the hollow. Lorditch said, Iím going to have people against me on this, but the very first thing the money should have been used for is building the infrastructure. It should have never been used for ball fields or playgrounds. . .it should have been used to build the infrastructure and that would have made people move into the Township. Thatís why nobody will buy a piece of ground down there where we live. Nobody would buy a nice piece of ground and build a house down there.

Chairman Bracken announced that the Board of Supervisors next scheduled meeting will be held on August 25, 2005 at 7:00 pm at the Jackson Township Municipal Building.

Stephens, second Bracken to adjourn the meeting at 7:25 pm. Vote-2 yes.

Respectfully submitted,
David M. Hirko, Secretary