July 30, 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:

Public Comments Concerning Agenda Items:

Bracken, second Wallet, to approve the minutes of the Board of Supervisors Meetings held on June 25, 2009 and July 9, 2009. Vote-3 yes.

Township Financial Report:







$    137,859.41

$ 60,387.53

$     123,941.01

$      74,305.93


$ 1,034,290.02

$ 20,507.81

$       25,004.22

$ 1,029,793.61


$    159,090.36

$       54.88

$       60,972.45

$      98,172.79


$     29,486.37

$   2,623.85

$         2,177.29

$      29,932.93


$     62,491.73

$       21.56

$                .00

$      62,513.29

Wallet, second Bracken to approve the bills for the period of June 26, 2009 through July 30, 2009. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$     123,941.01

$       60,972.45

$        2,177.29

Township Police Report
The June, 2009 Police Report submitted by Police Chief Bob Fatula was presented. The figures for June, 2009 were as follows: 911 Calls dispatched to Police: 295 Reportable Part I Crimes: 7 broken down as follows: Larceny-4, Assaults-1, Burglaries-1 and Robberies-1. Reportable Part 19 Crimes: Stolen Property-5, Disorderly Conduct-2, Drunkenness-2, DUI (Driving While Under the Influence)-1, Vandalism-1and all others-8. Calls Resulting in Cases: 18, Total Arrestees: 11, Total Suspects: 3, Total Victims: 11, DUI Arrests: 1, Traffic Citations: 22, Non-Traffic Citations: 12, Total Warnings: 0.

Notification of Traffic Control Signs Place Per Ordinance # 139:
Chairman Baker
announced, A new Speed Limit Sign was placed at the entrance to Raymond Drive from Route 271. Watch Children Signs were placed on Fords Corner Road and a new Stop Sign and Except Right Turn Sign were installed on Brazil Lane.


Old Business:

New Business:
Chairman Baker
announced, We have a presentation by Chief Fatula to Officer Ken Smith. Chief Robert Fatula said, before I get to this award, I want to take a little bit of time to share what happened here. Officer Smith on some March appointments went to various locations to talk to people about a minor incident and when Officer Smith went to an appointment on William Penn, he was invited in by the grandmother and wanted to talk her about Greg Kuhar. Mrs Kuhar invited Ken into the house and him and her had a conversation about Gregory and Mrs. Kuhar who is Greg's grandmother told Officer Smith that he was in the bedroom. Officer Smith went in his bedroom and immediately noticed that Gregory was blue and with his training, he leaned over and could feel no breath coming out, checked his pulse. . . very weak if any and Officer Smith immediately started to perform CPR on Greg. Right away, he knew that wasn't the proper place to perform CPR and pulled Greg to the floor and performed CPR on Greg to the point where his color was starting to come back and he started to breath and have a pulse again. The Jackson Township Ambulance was called and prior to them getting there, Officer Smith continued to do CPR on Kuhar to the point that when the Ambulance got there, he had already had Greg breathing and his color was coming back and I believe he may have even been breathing on his own. The ambulance then took Greg to the hospital. We never found out what the problem was but we didn't care. . . .we just know that per his actions, he saved Greg's life literally. If he wouldn't have gone to talk to Greg that day and with his training, went immediately into action, Greg probably wouldn't be with us today. I hope this makes you realize the caliber of police you have in the Jackson Township Police Department and with that, I'd like to present this award to Officer Smith. I'll read it to you first. . it says to Officer Kenneth Smith, for outstanding life saving act of heroism to your Community while on duty. Your quick action saved a life and in fact it did. . it saved a life and I want to thank you. Officer Ken Smith said, I really don't know what to say. . I was just doing my job. I started my police career in Jackson Township and was trained by Chief Fatula and without that training, I probably wouldn't have reacted the same way. Situations like that all come back to training. . you don't even think about what you're doing. Chief Fatula asked, Mr. Kuhar, would you come up. Marty Kuhar said, If I could say a few words on behalf of my entire family. . we are certainly eternally grateful not only to Officer Smith but also Chief Fatula. I think sometimes we take things for granted but at the same time, I think we take our Police Department for granted. They're more than people that give you speeding tickets, which in my case, I probably deserve, but at the same time, they're here to save lives and protect all of us and I think we at Jackson Township are very lucky, very grateful and very blessed.

Motion Wallet, second Bracken to approve the Subdivision of Frank & Doreen Svencer. Vote-3 yes.

Motion Bracken, second Wallet to approve Resolution 03-09 which authorizes Jackson Township to submit reports to PennDOT using the dotGrants on-line reporting system. Vote-3 yes.

Motion Wallet, second Bracken to authorize Solicitor to file complaint against Penelec to recover cost for 2 poles moved off of Adams Avenue and 2 poles moved off of Leidy Lane. Vote-3 yes.

Motion Bracken, second Wallet to approve Capital Reserve Fund bill list for the period of June 26, 2009 through July 30, 2009 and transfer $ 25,004.22 from the Capital Reserve Fund to the General Fund. Vote-3 yes.



Purchase Detail


Naugle Insurance

August Installment

$     6,898.13

Richard Sutter & Associates

Planning & Consulting Work - (Central Cambria Coalition)

$     5,250.00

Luther P. Miller

Fuel Oil

$     4,302.81

Christine Davis Consulting

Historical & Archeological Survey - Swigle Mountain Water Project

$     3,840.00

Rustic Tent Rental

Tents for Jackson Heritage Festival

$     2,090.00

P. Joseph Lehman Engineers

Mitchell Park Phase I Project

$     1,520.46

Quaker Sales

Paving Materials

$     1,102.82



$ 25,004.22

Motion Wallet, second Bracken on approving the time sheets from June 14, 2009 through June 27, 2009, June 28, 2009 through July 11, 2009 and July 12, 2009 through July 25, 2009. Vote-3 yes.

Other New Business:
Solicitor Barbin
said, Rich Wray has given us the final location for the water tank site, the Bodenshatz property. . .apparently there is a deal worked out. To know how much to pay for the water tank site, you really need to do an appraisal. . . we just don't want to guess and we don't want to just start negotiating and I'd like you to consider a motion to authorize having David Murphy do an appraisal of water tank site easement. After a motion is made and seconded, it needs to be open to public comment.

Motion Wallet, second Bracken to authorize the appraisal of the Bodenshatz Property for a water tank site. The motion was opened up to public comment. Steve Yurasek asked, did you straighten the difference out with the fellow that was complaining here at the last meeting? Chairman Baker replied, he's sitting right next to you. Solicitor Barbin said, he was objecting to something being located on his neighbor's property. . .that's not a legitimate objection under the law. Maybe people like to tell neighbors what to do, but it's not a legitimate objection. Baker asked, that's the location deemed best for the project? Richard Wray replied, yes. Supervisor Wallet asked, based on our engineering? Wray answered, yes . . .you asked us to perform an analysis on raw costs and operational costs and determined that this was the superior location. A vote was then taken. Vote-3 yes.

Public Comments:
Bob Benedict asked, I want to know what you can do about removing the restrictions that's causing me to lose money? Why can't everything on my property be like it was before you passed the Ordinance. Even your own Attorney told you that the restrictions. . . .that the Zoning is too restrictive. Solicitor Barbin replied, I said it could be changed. This is a policy decision. . .I can't tell the elected Supervisors a policy decision. . there is a line and I'm not permitted to make a policy decision. Benedict said, well, I can tell you did make a policy that is costing me $800 a month by having these restrictions on my property and before it cost the Township and myself a whole lot of law money, I'd like to have something done about it. It's causing me from making a living. I was told by you Bruce, you're not going to do anything but I'm telling you again. Chairman Baker replied, I did not tell you that Bob. Benedict said, I'm not saying you did, didn't or what. . all I'm saying is that if a person looks at your Ordinance and is interested in putting a tower up and sees your restrictions, they're not even going to come to me. It's happened already. . .they go and attach to an old one. . please do something, that's all I'm asking. There's no good reason why those restrictions are there. If someone wants to put up a tower, leave them put it up.

Bob Albright said, I have a couple of Laurels and a Barb. First of all I want to thank Mr. Hirko for the job he done at the Heritage Festival. I think he done a super job. . . and the same way on the Internet. . .with what he puts on that Internet, I don't even have to come to the meetings any more. I can get all that information right on the Internet. I don't know if you Supervisors are aware of it or not but a lot of these companies give big bonuses for these people who do great things. I'm telling ya. . that guy does the work, he deserves it. Manager Hirko said, I didn't pay him to say that. Albright said, so be it. . he's doing an excellent job and I think you need to consider compensating that gentleman. Chairman Baker replied, and just so, he has been. Albright continued, and one other thing, I want to praise the policemen for being at the churches and leaving the people out of the parking lots. That means a lot. . especially to a older guy like me whose losing his eyesight and I want to thank the Policemen and Supervisors for that. That's the Laurels and the Barb. . December 16, 1991, Ordinance # 81. . .Jake Brakes on 22. I lived there before 22 was there and all I'm asking is that you gentlemen take this Ordinance and do whatever you have to do. . . put the signs back up and with the signs back up, you could eliminate some of these idiots with the jake brakes. Baker replied, listen, you're preachin to the choir here. Solicitor Barbin asked, didn't PennDOT give a directive to take them down? Baker said, that's right. . if he tells us we can put them up, they'll be up tomorrow. Albright continued, you go in Somerset, they have signs up. . . down in Johnstown's West End, they're up there. . you go over to Patton, the signs are up there. Baker said, those are no engine repaired jake brakes. Albright said, do whatever you have to do to get the noise down. You can't hear yourself think. See what you can do to try to eliminate some of those idiots coming down there with the jake brakes. Baker answered, lobby the State to put resonators on all those trucks. Barbin said, I saw a directive when I first came here. . you showed me. Steve Yurasek said, it's proof that jake brakes improve safety. Albright said, All I'm asking is to do what these other municipalities are doing. . . to protect the residents of your Township. If these other municipalities are able to have it, whatever it is, you gentlemen ought to be able to have the same thing. Baker said, listen. . I'm all for it. Albright replied, that's all I'm asking. . . .just put the signs up. Barbin said, I'm not sure anybody's allowed to do it. If PennDOT has licensed and inspected and approved the truck, I don't think any municipality is allowed to prosecute. It doesn't mean municipalities can't pass Ordinances or put up signs but there's a step between passing Ordinances and putting up signs and threatening people than actually winning a case in court. Baker said, hypothetically you're adopting a noise ordinance not to exceed a certain amount of decibels. Steve Yurasek said, when Mr. Merlo was still living and Conemaugh wanted to play games, they went to court and the Borough won because you cannot jeopardize the health and safety of the people just because you don't like the jake brakes. Barbin said, that's one argument. . .the other argument is that we're allowed to overrule PennDOT on something PennDOT says is ok. Baker said, you're not fighting the jake brakes. . you're fighting the noise and if there was resonator on there, that wouldn't happen. Supervisor Wallet said, most of the ones that are doing that. . .they have the mufflers off of them. If they got their factory installed mufflers and everything, you hardly hear any noise from the jake brakes. Baker added, like the Sheetz trucks. . they all come down here, they use their jake brakes and you hardly hear them. Barbin said, if they're not meeting their inspection requirements, that's a citation but I know the answer to that one too. . you have to have your Police Department certified to do safety inspections. Richland is certified. . I think they're the only ones around who are certified in that. Baker said, it's the same bunch of guys who are doing it all the time. Albright said, all I'm asking of the Board of Supervisors is to do what you have to. . get the noise reduced for the residents of the Township. Baker said, before they started the re-vamping of 22 here is when we went to PennDOT and Bill wrote the letter. Barbin said, the answer stated that nobody in the world would ever condone us interfering with safety. Baker said, they told us the new design of the highway would eliminate that noise. Albright said, if you have to revise your Ordinance, do what you have to. I'd appreciate it. Baker said, will look at all the options available to us. Albright said, all of the other municipalities have it. . Somerset, Berlin, Patton, Johnstown. Barbin said, I don't think anybody enforces it. . they just put up a sign. Albright said, that's all I want. . just put up the signs. Baker said, and then the truck runs away down over the mountain. . he sees the sign and doesn't want a fine and he loses control Albright added, if there's any truck that loses control on that highway and comes down by my place, there's something dramatically wrong. The signs are in the garage. . just put them up. Barbin said, the jake brakes themselves aren't illegal and I don't see how we can make them illegal. Baker replied, have the State sit out there and get those trucks, they're certified. They're up at the dump every day. Yurasek said, between them and the DEP is the reason we're only getting a little minuscule money from the dump too. It's a fact. . they actually harass them. When you take a truck you get a fine for having a little hole here and a nick in the tire there and they're each a separate fine. There's a guy who comes to my place all the time from the DEP. . .if he sees a little tear in the tarp, he writes that down. . he sees a little tear over here, he writes that down. There's no such thing as writing one fine. All it takes is a little common sense. . .all it is is a money making scheme and the Township's payin the price because the garbage is all going to Ohio. Now we get minuscule money where we was making nice money. Baker said, they wrote one of our trucks up. . . the brakes were out a little bit.

Clair Michaels said, I want to say something. . thanks for cutting the side of the bank up. That guy did a real nice job. Chairman Baker said, when we do Wagner Road, we tell them 10 times. . do a nice job on Clairs. Michaels said, I want it cut back. . I don't want those trees growing out there. . . 30 years from now it will save the Township. Baker said, we even had a different guy out there this time. Michaels replied, he did a good job. .thank you.

Chairman Baker
announced, The Board of Supervisors next regularly scheduled meetings will be held on Thursday, August 13, 2009 at 8:00 AM and Thursday, August 27, 2009 at 7:00 pm at the Jackson Township Municipal Building.

Bracken, second Wallet to adjourn the meeting at 7:30 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary