SUPERVISORíS MEETING
August 29, 2002

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. in the municipal building. Members present were David Bracken, Bob Stephens, Bruce Baker, Dave Hirko and George Gvozdich. The meeting was called to order by David Bracken, Chairman, with the Pledge of Allegiance to the flag.

Comments were made about having too many people in the meeting room. Motion Baker, second Bracken to postpone and reschedule the meeting. No vote was taken. Several people volunteered to stand outside the door so the meeting room occupancy would be in compliance so the meeting could proceed.

Minutes:
Motion Baker, second Bracken, to approve the minutes of the previous meeting, Vote - Baker & Bracken - yes, Stephens-abstained.

Public Comments:
Rick Fetzer stated he received a letter from Supervisor Stephens saying he had to choose between the Agriculture & Special Conservation overlay zones. Mr. Fetzer asked if the Supervisors would issue a retraction. Supervisor Bracken said it was not required for residents to register what zone they wanted to be listed under except when they applied for a zoning permit for a building project.

Steve Yurasek said that a culvert under Route 271 near his property needed cleaned. He also asked why the zoning ordinance was not more friendly towards coal power plants. Mr. Yurasek also expressed safety concerns on the proposed new Route 22 project.

Elmer Grove of the Jackson Township Fire Company requested that the Township consider helping with funds towards the purchase of a new rescue truck that will cost $170,000.00 Supervisor Bracken said the board would consider the request and see how they could help defray the cost.

Will Michaels asked how the Leidy Lane Park assessment came out. Supervisor Bracken said the item would be discussed as an agenda item at the meeting. Mr. Michaels also stated he would be in favor of the Township paying 100% of the cost of the new rescue truck.

Charese Conner said she was notified to take her fence down by the Zoning Officer after a neighbor complained that it didn’t meet the Zoning Ordinance setbacks. Solicitor Gvozdich said he would examine the situation and advise the board.

Rick Ash asked where the Wagner Road water situation stood. Supervisor Bracken said the project was moving along and additional grant monies were being sought.

Tom Morrison asked if PennDOT performed any decibel studies on noise for the new Route 22 Project. He stated that truck traffic was very loud on Route 22. Supervisor Baker offered to call and follow up with PennDOT.

Art Lorditch complained about water conditions and the smell from the landfill on Wagner Road. He suggested that the landfill money be used to pay for the installation of water lines to the residents on Wagner Road.

Eugene Kist asked if the Township would purchase non-conforming properties that didn’t comply with the Zoning Ordinance. Solicitor Gvozdich asked Mr. Kist to show him specific properties in order for him to address the issue. Mr. Kist also expressed that there may have been a conflict of interest in appointing Bruce Baker to the Board of Supervisors. Solicitor Gvozdich said the conflict of interest issue was previously addressed.

Guy Ellenberger stated he has re-calculated zoning permits and fees charged and found discrepancies. The Supervisors agreed to look into the changes.

Ed Westrick questioned Direct Value Outlets permit for a caboose. Solicitor Gvozdich said the permit was issued and everything was in order. Supervisors Stephens & Baker said they would check into it.

Joe Baxter stated Supervisor Stephens was not refused help from the Recreation Commission. The work that was offered to be done by Supervisor Stephens had already been completed by the Jackson / East-Taylor Little League.

Township Reports:
General Fund - 8/1/02 - $ 119,396.19; Receipts of $ 39,007.26; Disbursements of $ 37,526.11; Balance 8/25/02 - $ 120,877.34

Capital Reserve Fund - 8/1/02 - $ 739,192.55; Receipts - $ 63,158.01; Balance 8/25/02 - $802,350.56

Correspondence:
Letter from the Miners Community Food Pantry thanking the Supervisors for their donation of $500.00.

Letter from the Nanty Glo Public Library requesting funds from the Township towards their annual fund drive.

Motion Stephens, second Bracken to contribute $800.00 towards the Nanty Glo Librarys Fund Drive. Vote-3 yes.

Business:
Lehman Engineers made a presentation of the completed Road Weight Limit Studies.

A presentation was given by Delores Columbus, Executive Director of the Cambria County Conservation & Recreation Authority on the Lorain Coal Refuse Pile and Bypass of Pergrim Run Project.

Supervisor Baker gave an update on the new Route 22 Project.

The Supervisors went into an Executive Session to discuss personnel issues.

Motion Stephens to table the personnel issues until more details could be worked out. The motion died from lack of a second.

Motion Baker, second Bracken to include the police pension as part of the police contract for as long the Chief of Police is employed by the Township. Vote - Baker & Bracken-yes, Stephens-no.

Motion Bracken, second Baker to table discussion on personnel issues concerning part-time police and township workers until a special meeting could be held just for this issue. Vote - 3 yes.

Motion Baker, second Bracken to appoint Dave Hirko to the position of Township Manager with a dollar an hour raise retro-active to August 1, 2002. Supervisor Stephens said he was in favor of a raise but felt the Manager title should be decided after one year employment. Vote - Baker & Bracken-yes, Stephens- no.

The Supervisors gave an update on Leidy Lane Park Phase I Environmental Site Assessment. No problems were found in the Assessment.

Motion Baker, second Bracken to approve the Recreation Commissions request to spend select timbering funds for new playground equipment at Mitchell & Leidy Lane Parks. Vote - Baker & Bracken-yes, Stephens-no.

Motion Stephens, second Bracken to approve the Recreation Commissions request to solicit bids for the development of a new ball field at Leidy Lane Park. Vote-3 yes.

The Supervisors discussed the roof on the Township garage. George Burkey stated that an assessment was done last year by Hinks & Locher Engineers and should be on file at the Township office.

Motion Stephens, second Baker to transfer $ 6801.00 from the Capital Reserve Fund for the following - $500.00 for Donation to Miners Community Food Pantry, $3941.00 for New Gas Tank Monitor System, $2360.00 for refurbishing Recycling Bin at Mundys Corner. Vote-3 yes.

Motion Bracken, second Baker to approve the bills from July 26th, 2002 to August 29th, 2002 - General Fund - $ 42,034.73; Senior Center Fund - $ 7,048.24; Highway Aid Fund - $ 3,361.31. Vote-Bracken & Baker-yes, Stephens-no.

Supervisor Stephens made a motion that the Township hire an outside attorney to review the legal bills. George Burkey stated that Supervisor Stephens was in violation of the Sunshine Laws and wanted this to be on record in the Township meeting minutes.

Motion Baker, second Stephens to approve the time sheets for July 21st to August 3rd, 2002 and for August 4th to August 17th, 2002. Vote-3 yes.

Motion Baker, second Bracken to have Solicitor Gvozdich review proposed changes for the Zoning Ordinance. Vote - Baker & Bracken-yes, Stephens-no.

Supervisor Baker talked about letters being received from residents wanting to register their property for either the Agriculture or Special Conservation District Zone as a result of a mailing received from Supervisor Stephens. Motion Baker, second Bracken that the Township rectify the situation by sending out a Township newsletter advising residents that they are not required to register. Vote - Baker & Bracken-yes, Stephens-no

Supervisor Stephens discussed the following issues: The Zurenda Dirt Pile, Direct Value Outlet’s Building Permits, the Miesko Zoning Hearing and Solicitor Gvozdich not answering certified letters received.

Motion Stephens to hire an attorney outside the County to investigate the Miesko Zoning Hearing and if all has been done legally concerning this matter and what if any steps should be taken to protect the Supervisors Board and the Township’s best interest. Motion died from lack of a second.

Motion Stephens to hire an attorney outside the County to investigate the Conectiv Power Plant Project and if all has been done legally concerning this matter and what if any steps should be taken to protect the Supervisors Board and the Township’s best interest. Motion died from lack of a second.

Motion Stephens to hire an attorney outside the County to investigate the Direct Value Outlet’s permits and if all has been done legally concerning this matter and what if any steps should be taken to protect the Supervisors Board and the Township’s best interest. Motion died from lack of a second.

Motion Stephens to hire an attorney outside the County to investigate the Zurenda Dirt Pile and if all has been done legally concerning this matter and what if any steps should be taken to protect the Supervisors Board and the Township’s best interest. Motion died from lack of a second.

Motion Baker, second Bracken to adjourn the meeting at 10:30 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary

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