August 31, 2006

The Jackson Township Supervisors held a public meeting concerning the Jackson Township Comprehensive Plan at 7:00 p.m. at the Jackson Township Municipal Building. The Supervisors regular meeting immediately followed. 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.

Public Hearing on Comprehensive Plan:
Richard Sutter
& Pat Rabits presented a slide presentation on the Jackson Township Comprehensive Plan that summarized the various sections of the Plan. Chairman Bracken opened the floor for public comments.

Eugene Kist asked what "sense of ownership" means. Sutter replied, it simply means pride in your community.

Tim Davis said, on Historical Preservation, how do we prevent what happened out in Colver regarding a building or Historical Area and it falls apart and we canít do anything about it. How do we go about preserving history but do it right now? Sutter said, that building should have been stablized. They let the roof go, it started to leak, the ice gets in there and more water and pretty soon you got to tear the building down. Davis asked, who makes that choice. . . the property owner who says theyíd like to file for historic preservation or does the Township designate a specific area that automatically makes my building an historic building that I canít do anything with then. Sutter replied, even if you have an historic structure that was designated on the historic register or if you were in an historic district. . . if you wanted to tear that building down with your own money, you pretty much can do it. Now if PennDOT wanted to come in and tear it down. . . .theyíre going to use State and Federal money and that triggers a no, or even if the Township would apply for State or Federal money and try to use it to tear it down, they couldnít do that either without going through a process. PennDOT in some cases will move the building because there are historic structures in a right-of-way to build a highway. Solicitor Barbin said thereís no rule that stops you from doing anything you want to your own business. You just canít get Federal or State money to destroy it. Sutter said, weíve done about a dozen historic district nominations. . . you need at least 51% of the property owners to agree with the district, so the other 49% can be against it, but what your Solicitor says is entirely true. If youíre going to use your own money or go to the bank and borrow money and as long as you donít use State or Federal money, thereís not anything they can do. When you go in and say I want to use State or Federal money to tear down a historic structure or a structure within a historic district, thatís where you run into a problem. Davis said, if I have a historic structure and want to put on a pink front on it, am I allowed to do that? Barbin answered, yes. Sutter said, the only exception in an historic district. . .you get a designation by State and Federal . . . the next step is to pass an historic district ordinance and if that ordinance . . it forms whatís know as a "HARB" Historical Architecture Review Board and thatís when they would comment on the color of your building. Barbin said, there is no plan underway to adopt such an ordinance. Jackson Township has no plan whatsoever to adopt an ordinance like that. Sutter said, it would be something like Bedford. Barbin said, yes and Ligonier has it but not here. Davis said, thatís why Iím asking. . how would this affect the general public or me. Sutter said, on the up-side, if youíre an income producing property and say you would improve it with a $100,000 investment, you could realize a 20% tax credit on your IRS return for that income producing business thatís in an historic district. . . somebody with a bed and breakfast for example. Hollidaysburg has a HARB. . it has an ordinance and Bedford the same thing. A lot of the municipalities. . Williamsburg and Roaring Spring have a district but they donít have an ordinance. Steve Yurasek said, you got to jump through a lot of hoops over in Bedford to tear a historic building down. I took two in ten years and paper work was like a mountain. . one by the fort that dated back to the 1700's. They spent lot of money with the engineers but when the building started to come apart they decided to take it down.

Karen Nolan said, my comment could apply to the transportation aspect of the Plan. As a citizen I believe I have the right to enjoy my property. I wonder if there is any action to address the truckers who use Pike Road. . . maybe re-route them from the coal company. Itís not the truckers fault. . they have a job to do. Itís decaying our community and roads. . itís not their fault. . they canít help how much their trucks weigh, but it is infringing upon the citizens of the road to enjoy their front yards, open their windows at night and sleeping in the morning. You talk about ownership and pride. . .there are people on the street wanting to move. Sutter asked, is that a temporary situation or a permanent one? Nolan replied, itís a long way to temporary. Itís been several years already. . people are stressed. Itís not anybodyís fault particularly. Sutter replied, we have not studied that particular road.

Clair Michaels asked, did you study the garbage dump? . . the stink off the garbage dump. . .the people who have to live with it. . .theyíve been living with it almost 16 years. Sutter said, unfortunately, thatís under the auspices of the DEP and thereís not a whole lot the Comprehensive Plan can do about it as far as odor. The DEP has their own set of rules and regulations to enforce. If theyíre not, you should call it to their attention. Michaels said, they donít do nothing about it. You talk to the wall when you talk to those people. They ainít worth the powder to blow their heads off with. Sutter said, well, itís not in the scope of what the Comprehensive Plan does. This other issue could be.

Nolan commented, youíve heard about it, youíve had complaints about it. . what I had done was went out into the neighborhood yesterday afternoon and some of the complaints were, not only speed wise . . . people donít feel anybody will help them, people are sympatric to the growing needs of the Community and of the mines to create jobs and thatís a good thing. . . but we feel we have paid our dues and could there possibly be a solution or corrective action to re-route the trucks so our road doesnít always have to be the coming and going of the coal trucks. I believe the police have been called. . I believe the police have sat out on the road. . .when I hear elderly people say "I donít want you to use my name" but I canít open my window when itís 90 degrees out in the morning because I canít hear. . I canít hear myself on the phone. . all you hear is boom, boom, boom, boom over the bumps. . over the bumps. I canít take it. I really personally wish to move out of this Community where I lived in for 20 years. Itís not that Iím an evil woman. . I love it here. . .it used to be a quiet, rural road and it has not been a major legislative route for over 45 years. It is now. I believe we deserve some relief and I ask the Supervisors to take it into consideration. Iím not alone. . I donít stand here alone. Iím not standing here like a lunatic. Iím willing to do whatever is necessary. . . to file a petition that might be laughed at. . but Iím willing to do whatever it takes and work with the Supervisors or anyone else. I donít know what the legalities are. I do believe that pride in community can be accomplished in the beautiful Plan that youíre presenting. Sutter replied, this is an ongoing process. You have a Township Planning Commission that is empowered by the Planning Code to study different problems. The Plan when itís adopted. . itís really a snapshot for that period of time. As things change in the Township and evolves. . the Plan should be refined here. .refined there. . . the transportation element. . the housing element. . . the facilities element.

Clair Michaels asked, what criteria does a property, house or barn have to fall under to be considered historical. Sutter said, it has to be at least 50 years old. Thatís not the only thing that triggers it. You actually have to do a nomination. . .itís what they call a white card. One of the individual things we did. . .individual properties. . the Compass Inn outside of Ligonier. You go through and you photograph the property. . you describe it and you send it to the Pennsylvania Historical Museum Commission. They will probably come out and look at it after they see what you submitted. . . so thereís a process you run through. Rabits added, sometimes itís an event that occurred at that facility or the people who stayed there. Sutter said, that reminds me of something. . thereís actually two parts to it. Thereís the structure, itís age and characteristics but then thereís events. . . you know George Washington slept here. . thatís the famous one. . . .like in Bellefonte. . .so many Governors have lived in Bellefonte. Even if the structure wasnít architecturally significant, they would probably get on the Register.

Eugene Kist said, I have a complaint. Everybody here. . .in fact everybody in 3 or 4 States in this district. . our Supervisors know this. . right at the top of the hill up here, theyíre dumping fly ash. Fly ash has arsenic in it. Did you come across that in your study? Itís a very toxic chemical. It is going all over this Township. We are the head of the Mississippi River. It goes from here clean to the Atlantic Ocean. People of Cambria County. . Jackson Township . . . .was supposed to get the Comprehensive Plan. . .straighten the country out. We canít straighten our own Township out. Well youíre letting them do it. You say DEP and the State. . itís outrageous. Itís blowing over every one of your individual homes. . your children here. . . your grandchildren. I am angry over this. . very angry. It is hurting everybody in this country. How many States can you see. . this is the highest point in the County. All you people know this. Itís hurting every one of you individuals in here. What is being done about it?. . not one thing. Now youíre in a Comprehensive Plan . . . and the Township asked you to do it. . how about doing something on it and get back to these Supervisors. Itís hurting everybody in this place and if thatís what you want to do to your children. . your grandchildren. . .hurt everybody else. . .thatís all well and great. Chairman Bracken closed the public comment period. Sutter continued, the Comprehensive Plan has been available for public view in the Township Office since May 6th. I would encourage anybody who has a particular interest to come in and take a look at the Plan. The next steps. . the Board of Supervisors are going to review the comments that they received here tonight. The next step for them is to adopt the Plan at a regularly scheduled Board of Supervisors meeting. Itís adopted by Resolution and then within 30 days they have to forward a certified copy to the County Planning Commission. Motion Baker, second Stephens to adjourn the Public Hearing at 7:50 p.m. Vote-3 yes.

Supervisors Meeting:

Board Roll Call was taken with all three Supervisors present.

Public Comments Concerning Agenda Items:
Gina Mumau
made comments on beginning a Neighborhood Crime Watch Initiative. She said, just recently my neighbor and I and some others in the area started a Crime Watch. It happened because we had an ongoing situation that wouldnít resolve itself. The Township Police were involved and it came to a point where we had to address the matter before it escalated. I found out that all the neighbors had the exact same feelings about it, so I took the liberty of getting everyone together. I talked to Chief Fatula about a Neighborhood Crime Watch. I know crime will always exist but if we know that we can manage it and have the cooperation of not only all of our neighbors but the Police Department and our Supervisors, we can control it. I looked into it through the National Crime Preservation Council and also talked with Dave Hirko and Chief Foust who is very active. . . Iím sure that everybodyís heard about the Neighborhood Crime Watches in Johnstown. Theyíve been very successful. One thing that was pointed out by Chief Foust is crime doesnít always go away. . it migrates to the weakest neighborhood or community. I donít think we have a Crime Watch in Jackson Township. . we have all these schools. I donít want to see crime migrate to Jackson Township. We have both young and old in our community and itís a nice group of individuals. I talked to Dave Hirko and I submitted it in a letter about a Neighborhood Crime Watch that we would like to organize. I also went around and not only verbally talked to my neighbors but started getting signatures. We were thinking this would be great because not only could we start it in our neighborhood but it could also go into other neighborhoods. Being that we already have a game plan with a Neighborhood Crime Watch, maybe that crime will look somewhere else. Itís only for our own protection but on the flip side of that, if youíre looking for a good quality of life, what better place to move than where thereís not a lot of crime which means nobody would want to leave and more people would want to come in. So you have the preservation of your great community and word of mouth says itís a great place to live. Property value. . .everybody wants to increase their property value. If you had a bunch of crime or violence in a community, would you want to move there? If you ever wanted to move or sell, youíd be stuck with a property that nobody else wants. All of these come into factor and thatís why Iím proposing to pioneer the first Neighborhood Crime Watch in partnership with the Supervisors and Township Police.

Rick Fetzer said, Iíd like to comment on Ordinance # 140. I live up on Dishong. If windmills are constructed up there, I probably will be impacted by them. I hope you pass the Ordinance with the setback at 2500 feet. Some of the ordinances I read say 2000 foot setbacks from the property lines. youíll be able to see those things for miles and miles anyway. If you look towards the east on the Allegheny Ridge, right here youíll be able to see them. Just looking at this Comprehensive Plan, weíre supposed to be preserving our landscape views. Coming in youíll be looking at windmills rather than our mountain views. The Ordinance helps and Iím in favor of this. Iím sort of at the point that I donít know whether I like windmills or not. If theyíre in your back yard youíre probably not going to like them a lot. At least with a 2500 foot setback you may not be awake all night from the noise. Before you pass that, I turned in some information to Dave Hirko. There were some different versions of the setback. Solicitor Barbin said, they were typos and corrected. Fetzer said, there was a minor thing on that name plate. . .maybe 20 or 30 years from now theyíll decide that was per megawatt. . . .they produce about two megawatts per hour. . .so thereís no confusion on that. If I have to live with them in my back yard at least they should be 2500 feet away.

Caroline Vasas said, I'm interested in having a wind farm. I would like to put some on my property. I have a nice field and it's close to the substation on Swigle Mountain Road. Chairman Bracken said, it depend on the wind. . there's not a lot of wind there. They'll have to do a lot of wind test to find out. Supervisor Baker said, it's not up to the Township to decide where they go or whose properties they go on. That's up to the turbine companies themselves. Vasas said, they wouldn't disturb anybody.

Charlotte Blough said, the name of this game here is where these turbines are going to go. Do they have a designated area where these turbines are going to go. Supervisor Baker answered, the highest, windiest point. Blough asked, who will pay the taxes on this? Solicitor Barbin answered, they're subject to property tax. They don't fit into the PUC regulations. They tax the tower. . . I heard from another one done in Adams Township. . the windmill people down there told me they don't tax the generator or foundation. . they tax the tower. Blough asked, who pays it, the owner of the windmill or the owner of the property. Barbin replied, the owner of the windmill but I've written leases for other people and if you go negotiate with them and you give them a lease, you make sure it's written in that they pay the taxes. Blough asked, what is the zoning area or specified zoning area they can locate in? Barbin said, windmills are mentioned one time in the Zoning Ordinance in the Agricultural area that encompasses Laurel Run. . the Special Conservation Agricultural District. They're mentioned one time and it says in the current Zoning Ordinance that you have to have 2000 acres to put a generator of any sort including and they list windmills as one of the things. So windmills fall under the power plant rule at this point. It doesn't make 100% sense. There's still a height restriction in the Zoning Ordinance that they wouldn't comply with. The Ordinance here is being written to have a set of rules that actually apply that doesn't say where. It doesn't say this part of the Township or that part of the Township but it does say 2500 feet from an occupied residence. Blough asked, my question is do you have to have hundreds and hundreds of acres if you want to have one put up? Barbin replied, if you want to build your own? Blough answered, no . . have them come in and put it in. Can you just have one or should it be divided out? Barbin said, what they say is they got to have more than 15 or 20 to make it worthwhile to put up the final transformer. . .to do all the development work, get all the environmental clearances from the Federal Government and to go through the process where they negotiate to put the power into the grid. I've heard them say they got to have more than 15 or 20. Blough asked, does the 20 have to be together or can they be spread out over the Township? Barbin answered, your questions are better answered by a windmill person. Blough asked, do you have someone here? Barbin replied, no. This Ordinance is a restriction on the windmills. It's designed to prevent them from putting them right up against somebody's house right in front in somebody's back yard. This is not an ordinance they want. Blough said, somebody should question it all before it gets passed. . . where they're going to go and who's going to pay for them. Barbin answered, who's going to pay for them are the people are going to put them in. It's like a gas well. Blough asked, even if it's on your property? Barbin said, they're going to come and they're going to lease your property to put a windmill on it. They'll decide, this ridge looks good to me. . I'm willing to invest some money testing it to see how good the wind is but I'm going to sign up with people before I put the money into it and they go and get some leases and they test it for a year and then they come back with a plan. . . they'll come to the Planning Commission with a land development plan and they'll present it to the Township. Blough said, so this isn't a thing they're going to jump right into. Barbin said, we want to put something on record to say we have some rules you have to follow. . . those rules could change over time but there is something on record so we're not in a situation of not having anything. Supervisor Stephens said, there's a couple of things we got to get out and look at. . . you mentioned 2000 acres. . .I believe it's 3000 acres. What we need to look at is if he interprets that the only place windmills can go is the SCD District then I question whether a windmill as it now reads could be built anywhere else in the Township other than the SCD District. Barbin said, at some point we need to fix the Zoning Ordinance on windmills but your point. . . we're adopting this Ordinance. . not a Zoning Ordinance as a stop gap measure so we have something on record and then spend some time figuring out exactly what the rules should be, and then fix the Zoning Ordinance and get a good, long term ordinance. . . but this puts the protection in right away so somebody doesn't come and say, I have my plan in for a windmill and I want to do it this way. . .well, you have to go through a process. Blough said, this is what I wanted to know. . can you have them spread all out over the Township . . are they going to put them in one area? Barbin said, they're connected. . they have to be connected with the power lines. . you spread them over a distance but not real far. Blough said, I know I seem them in Somerset. . I think they're beautiful. I was underneath them and you could barely hear a hum, so there's no such thing as noise.

Stephens, second Baker to approve the minutes of the Board of Supervisors July 27, 2006, August 10, 2006 and August 18, 2006 Meetings. Vote-3 yes.

Township Financial Report:







$     99,978.26

$  104,618.22

$       98,185.41

$    106,411.07


$ 1,543,995.58

$   63,097.84

$       11,493.79

$ 1,595,599.63


$   145,950.95

$       601.92

$        8,262.94

$    138,289.93


$     25,261.24

$      3755.37

$        2,650.32

$     26,366.29

Motion Baker, second Stephens to approve the bills for the period of July 28, 2006 through August 31, 2006. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$      98,185.41

$      8,262.94

$      2,650.32

Township Police Report:
The July, 2006 Police Report submitted by Police Chief Bob Fatula was presented. The figures for July were as follows: 911 Calls dispatched to Police were 399. Reportable Incidents were 41 broken down as follows: Theft-22, Criminal Mischief-7, Harassment-3, Assault-2, Burglary-2, DUI (Driving While Under the Influence)-2, Disorderly Conduct-1, Threats-1 and Underage Drinking-1. Accidents Handled-7, Traffic Citations Issued-27, Non-Traffic Citations Issued-2, Criminal Charges Filed were 7 broken down as follows: DUI (Driving While Under the Influence)-2, Assault-1, Disorderly Conduct-1, Harassment-1, Theft-1 and Underage Drinking-1.

Manager Hirko
said, I have a letter from Gina, Dave & Shannan Mumau and also the letter was signed by Al & Justine Harris family which is also in the same neighborhood. I think Gina covered it pretty good in the comment section. I can't see anything in the letter that wasn't already covered.

Old Business:

New Business:
Stephens, second Baker to approve Neighborhood Crime Watch Initiative as an outreach program of the Jackson Township Police Department. Vote-3 yes.

Motion Baker, second Stephens to adopt Ordinance # 140 regulating wind turbine generators in Jackson Township. Vote-3 yes.

Motion Baker, second Stephens to adopt Ordinance # 141 regulating surface and land development associated with oil and gas drilling operations in Jackson Township. Vote-3 yes.

Motion Stephens, second Baker to adopt Ordinance # 142 which amends Ordinance # 71 clarifying that penalties for non attendance by Supervisors at meetings will only apply to regularly scheduled evening meetings or the annual reorganization meeting. Vote-3 yes.

Motion Baker, second Stephens to approve current inventory of traffic control and regulation signage. Vote-3 yes.

Motion Stephens, second Baker to authorize the advertisement of Ordinance # 143 authorizing entering into Inter-Municipal Agreement with Cambria Township and Ebensburg Borough for the purpose of developing a Joint Municipal Comprehensive Plan for the Central Cambria Coalition. Vote-3 yes.

Motion Stephens, second Baker to approve Inter-Municipal Agreement with Cambria Township and Ebensburg Borough for the purpose of developing a Joint Municipal Comprehensive Plan for the Central Cambria Coalition pending passage of Ordinance # 143. Vote-3 yes.

Motion Baker, second Bracken to authorize the advertisement of Ordinance # 144 which amends Ordinance # 47 to require new property owners to tap into the Jackson Township Water System when a property with occupied structures is sold. Vote- Bracken & Baker-yes, Stephens-no.

Motion Stephens, second Baker to authorize the advertisement of Ordinance # 145 authorizing entering into an Inter-Municipal Agreement with Cambria Township for the purchase of a paving machine. Vote-3 yes.

Motion Stephens, second Baker to approve Inter-Municipal Agreement with Cambria Township for the purchase of a paving machine pending passage of Ordinance # 145. Vote-3 yes.

Motion Baker, second Stephens to approve Resolution 10-06 authorizing the filing of a $25,000. DCED grant to be applied towards the joint purchase of a paving machine in cooperation with Cambria Township for the amount of $107,786.00 from Stephenson Equipment Inc., Vote-3 yes.

Motion Stephens, second Baker to authorize Solicitor to prepare Ordinance # 146 ordaining Pine Lock Street as a public road in Jackson Township and schedule a public hearing. Manager Hirko said Doug Weigel was in and got the extra signature necessary to have 65% frontage. One in question had a separate property from the other. . they weren't married and the other one in question. . he was here and I feel certain he had the signature but didn't anticipate the length of the meeting and left. I can get the petition with the extra signature off of him tomorrow and he said he was certain the petition represented 65% of the frontage along Pine Lock Street. A vote was then taken. Vote-3 yes.

Motion Baker, second Bracken to authorize the advertisement for bids for the Vinco Stream Bank Stabilization Project per specifications completed by the Cambria County Conservation District. Supervisor Stephens commented, If I understand the way it's set up once the bids go out it will be automatic. . .we're approving the project. . right? . . and we don't know what the cost is going to be. Solicitor Barbin said, they'll be a motion to award the Contract. . .there is one more step. The bids will come in, he'll read them. . you have a motion to award it. You have one final control. Manager Hirko added, there is flooding going on in that area. Steve Yurasek asked, were right-of-ways approved for the project? Hirko replied, there were easements obtained. This project was approved even before I got here 5 years ago. . with the Conservation District. Yurasek said, this is just up Adams Avenue by the Fire Hall? Chairman Bracken replied, yes. Yurasek said, I put that piece in there. A vote was then taken. Vote-3 yes.

Motion Baker, second Bracken to authorize the advertisement for bids for the following Township Property no longer in use: Etnyre Stone Chipper, Galion 4-6 Ton roller, Galion 3-Wheel Roller, Schram Air Compressor, 2001 Ford Crown Victoria Police Vehicle, 1999 Ford Crown Victoria Police Vehicle, 1996 Chevy Caprice Vehicle, Aeroil Tar Buggy & Kerosene Burner, Ohan Diesel Powered Generator and Prismo Universal Line Painter. Supervisor Stephens asked, the Ohan Diesel Powered Generator. . that's not the generator to get out and power everything? Chairman Bracken said, no. . that's the one on top back there. A vote was then taken. Vote-3 yes.

Motion Stephens, second Baker to accept resignation of Joe Baxter from the Jackson Township Recreation Commission. Vote-3 yes.

Motion Baker, second Bracken to accept resignation of Al Slippy from the Jackson Township Recreation Commission. Supervisor Stephens said, Mr. Slippy has been great. . very faithful, energetic and a consciences person on our Recreation Commission for many, many years. In view of the circumstances, his resignation come under an adverse situation and it's only four months left on his term and I feel it would be remiss to accept a resignation when he only has four months to go, after all his many years of faithful service he gave our Township. Therefore, I recommend we not accept his resignation, and go through the end of the term to the end of the year and then give him the opportunity. . . I talked to Mr. Slippy myself. . . and give Mr. Slippy the time necessary to get out and make a final decision whether he wants to be appointed the 1st of the year. That's my recommendation. Chairman Bracken added, I agree with Bob. . Al did this under duress. I think we ought to table this motion. Motion Stephens, second Bracken to table the motion. Vote-3 yes.

Motion Stephens, second Baker to appoint Walt George to the Jackson Township Recreation Commission to fulfill the remainder of the term left vacant by Joe Baxter. Vote-3 yes.

Motion Stephens, second Baker to approve list of recommendations by the Jackson Township Recreation Commission on activities and events to be developed by the Commission with assistance from Kelly Lundgren of Americorps. Supervisor Baker said, we got an issue with that Halloween Party at the Fire Hall. . . .the liability issue. One of the activities is a costume Halloween party / dance at the Fire Hall and the Recreation Commission is spearheading this. With alcohol being there, would it put our Recreation Commission in the position of being responsible for any problems? Manager Hirko said, the Fire Company is taking the lead and she would be assisting them. The Americorps person would be working with the Fire Company in decorating and organizing. Solicitor Barbin said, so long as there is a specific list of things that have nothing to do with that and no. . you're providing some assistance to the Fire Company. Now if she's there making decisions and buying beer. . .if she's making decisions like that. . then whatever she's doing, the Township's doing. If she's just helping them, then that's fine. Somebody at the Fire Company would have to be making the decisions. The other thing is. . this list of activities should be given to the Insurance Company. Hirko said, I can fax a list to them . . and there's no guarantee all of these activities will be done. Some are prioritized. Barbin added, you can do this without a lot of liability subject to what the Insurance Company says. I don't see a problem with it if you're careful. It's important that it's a Fire Company event. It's going to be at the Fire Company place and they're going to serve alcohol. Hirko said, they came up with the idea but the Fire Company said they would take the lead on the idea. Barbin said, and giving an idea to somebody is fine. Hirko said, they're making all the major decisions on that. Barbin added, and the Fire Company has insurance. A vote was then taken. Vote-3 yes.

Motion Stephens, second Baker on transferring $ 11,493.79 from the Capital Reserve Fund to the General Fund - $6,996.00 to Naugle Insurance for August Installment & Police Liability Policy, $2,400.00 to Richard Sutter & Associates for Planning & Consulting Services, $1,097.79 to Lehman Engineers for Stormwater Management and $1,000.00 for a donation to Miners Community Food Pantry. Vote-3 yes.

Motion Baker, second Stephens on approving the time sheets from July 16, 2006 through July 29, 2006, July 30, 2006 through August 12, 2006 and August 13, 2006 through August 26, 2006. Vote-3 yes.

Other New Business:
Baker, second Bracken to authorize the Solicitor to start an Amendment to the Zoning Ordinance to include Ordinance # 140. The motion was open to public comment. Clair Michaels asked, what kind of changes are you recommending for that? Solicitor Barbin said, I would write the same contents for the zoning. If it said 2500 feet, I would write it exactly as it's written right now but put it in the framework of the Zoning Ordinance. We raised some questions which were also raised by Mr. Kist such as smaller windmills on people's own property. . . they probably shouldn't be covered and that can be cleaned up in the Zoning Ordinance. Steve Yurasek asked, does the Federal Government have guidelines that are going to over-ride us? Barbin answered, not today but if they do, they over-ride us. If they come in the future. . and that will be a good thing. . but there's no regulations today on windmills. Yuasek said, that situation over in Somerset where the State pretty much told them. . the Township didn't have much say in the matter regulating them windmills up there right along the Turnpike. Barbin said, that was several years ago. Yurasek added, I don't how much you're involved in Somerset. . things that go on at the Court House. . but pretty much they told them this is the way it's going to be and that's the way it was. Michaels said, I've been by those windmills and they don't make noise. What happens if two property owners want them so they have to stay 2500 feet from each property then? Barbin asked, can a property owner waive the distance? Under the Ordinance we talked about tonight, yes they can. A property can say no, I don't have a problem with it coming closer to his house. Michaels said, I'm talking his whole property. Barbin said, there's two setbacks. . there's one that's 1.1 times the height of the tower from a property line and that's just so if it falls over, it falls over on your own property. That's a short distance. . .about 280 feet then there's a big distance that you have to be not from a property line. . .from a occupied residence. That can be waived because some people might not care. Michaels said, yeah because they don't make noise. I've been by them. . I've been right underneath them and walked around them. Will Michaels said, that 2500 feet. . .if you have State Game Lands, you can come within almost 300 feet of your own property. Barbin said, under the present Ordinance # 140. . 1.1 times 100,000 would probably apply if there's no residents. I would write the Ordinance exactly to match the criteria in Ordinance # 140 and it's up to the Planning Commission and Supervisors to change it. Supervisor Baker said, but that's where it needs to be. . in the Zoning Ordinance. Barbin added, it should be pushed into the Zoning Ordinance. . we just didn't have enough time to do it. . but we should spend the time to do it right. . talk about it right so we adopt this flat stand along Ordinance. A vote was then taken. Vote-3 yes.

Motion Baker, second Stephens to authorize Mainline Midget Football League, Central Cambria Team to use Leidy Field as their home field. The motion was then opened up to public comment. Supervisor Stephens asked, will it be a conflict with spring practice of baseball? Supervisor Baker replied, no it's strictly in the fall. We think it's a good idea to let them use the field but again it comes back to. . we're allowing them to use that field. . what responsibilities does the Township have? Solicitor Barbin said, we have it open as a free use. . .there's that law that takes away the liability. It's not 100% but there's a law says you open your land for free public recreation, you're not liable for negligence. You should alert your Insurance Company when you're doing it because they got to know the risk and the one other issue about the concession stand. . .if people are going to use the concession stand, there should be a lease. I don't care who built it. . it belongs to the Township and it's on Township property. There should be a lease to use the concession stand and whatever the rights are should be spelled out. Baker said, the field's idle and there's no reason not to let them use it. Clair Michaels said, on the two concession stands. . the Township gets the profit out of it? Barbin answered, they've always been run by whoever's using it. . we got to clarify that. Steve Yurasek said if we start letting other groups using the facility, if they're going to sell concessions, shouldn't the Township realize something?. . this would help take care of the bases on the fields. Down in Johnstown that's the way they do at the Point Stadium. They sell concessions but that money helps to maintain the fields. Rick Fetzer said, I would suggest that on the concession stand that you inventory the contents. When we went down one time, there was some tripping hazards there. . you may want to inspect it and clean it up. Baker said, I don't know that we're talking about letting them use the concession stand. Barbin said, and the concession stand should be a separate issue with it's own set rules. Baker said, as far as I know they're just using the field. There is technically a concession stand at Leidy. .it's that shed. Gina Mumau said, whenever I talked to one of the moms for that League, she said they may want to use the concession stand. Barbin said, my point is if you're going to let someone use the concession stand, let's set up some rules so there isn't any confusion. How it's operated, we should spell out a set of rules. Baker asked, when would they start? Mumau replied, actually they already started. They're not looking for this year as they only have a couple of more months to go. Baker asked, so they're not even interested in this year? Mumau said, they might be because at the Middle School and that field. . there's something constantly going on with that. Baker said, so we have time to develop some concerns with the concession stand. Tim. . you're awfully antsy over there. . . what's your bag? Tim Davis said, this was a whole discussion we were going to resolve with the Solicitor. We also have a policy with no alcoholic beverages in the parks and we know that there's going to be a point if we have pavilions where people want to have alcohol and we're going to have to alter this. Baker said, the comments should be related to the motion Tim. Barbin said, the motion is on Midget Football. Davis replied, I think that would be a great idea. . there's no reason why they can't use it. A vote was then taken. Vote-3 yes.

Public Comments:
Karen Nolan
said, remember me. . the crazy woman from Pike Road? I prepared a written complaint as well. I'm not well versed in anything so it's probably rough for you. This is only we can have it and read it. I'm concerned about the trucks on Pike Road East. I would like you to hear some of things that people say. Unsolicited I went door to door and said, Hi, I'm your neighbor and live three or four doors down. Are you having any problems with the trucks on the road. This is what I heard. They spill like fountains. . .why can't the trucks use Route 22 . .someone is going to get killed then people will listen and it won't be good. . . I'm afraid some kid is going to get it. . .I tell my boy to wait for that truck to cross for the school bus. . .I can't sleep at 4 am, I'm up, it's not right. . . .I can't use my front porch now, it's too much noise. . .some are going down, some are going up, I can't hear people on the phone. . .I can't even open my windows in the heat, the noise is worse. . .we recently moved here thinking it was a residential road and boy is it awful. . . .road repairs make even more irregularities and boy when they hit those bumps, even more noise. . . .I'm afraid to even cut my grass down by the road. . . all day long, all day long. . . why can't they use a State road, why can't they use a back road. . .why are we paying taxes, maybe we ought to ask for a year of free taxes. . .the fumes are ruining my windows with dust, you breathe it in too. . . the speed limit needs enforced, the police have sat out there but that does not help. . . I tried to complain before and mentioned a petition and was laughed at by a Supervisor. . . I wear ear plus at night. . . it's all about money, it's a contracted bond, there's nothing we can do now. . .I did not think it would be this bad, I think you're wasting your time, it's a done deal. . . Tell them Supervisors to compromise and maybe our road can take the outbound trucks and another road could take the inbound trucks, then you'd only have half the problem. This is a long process that's gone on several years and we're all aware of the condition of the road. I'm not standing here before you as a anti-coal truck person and again they have a job to do. I'm asking for assistance and asking you if there's anyway or is it too late to correct after they paid. . .I don't understand this bond thing. All I know is it would be better for the trucks and the residents on the road to make a better path.

Eugene Kist said, Mr. Bracken, Chairman. . . I asked and you refused to answer any of my questions. I'd like to refer my questions to Mr. Stephens. Does the Chief of Police have a boss? Supervisor Stephens replied, the Board of Supervisors. Kist said, recently there's been a conflict in the Township. . it's been on the news. This person's name is Robert Adams. This man was found dead with marks on him and everything else. . was there anything done by the Supervisors or the Police to recommend or find anything out about this situation? Stephens said, to my knowledge that was police business and held under the Police Privacy Act. Kist said, this is a public comment. . . a person was picked up. . he dies in the hospital with marks on him. . this is everybody's situation. This affects everybody. We're not in an "iron curtain" country. We're supposed to be in America. I defended my country and I want to see it defended, not covered up again. Also on a second point, there was a wreck on 271 on August 10th. . there was a wreck between a police vehicle and a coal truck. I went to the Magistrate's and there was no charges filed. I had an accident previously down by the video store. . . I was fined. . .they hit me on 8 or 9 different charges. . .but there's nothing down there at the Magistrate's office. I had to take it to Court. . I had one charge. This here come out by the Lutheran Church. . .the police car did and struck a coal truck in my estimation . . yet there's nothing on it. . there's no charges or anything. What are we laying here? Is anybody responsible for anything? Solicitor Barbin said, Mr. Kist is not a police officer to file a traffic citation and he can make his estimation. I didn't think you saw the accident. Kist replied, I want an investigation by the Supervisors. Rick Fetzer said, if anybody pulls out of Bracken onto 271, no one should be at fault. Barbin said, the Supervisors don't investigate the charges. Kist said, I was cited four times by the Police Department. Barbin continued, and you're mad about getting a ticket. Kist said, I'm not mad about it. . I paid it. Now here there was nothing done. . I went to the Magistrate. . . the same way with this Adams thing. . I don't know if you're trying to cover things up.

Eric Naugle commented, there's a safety hazard at 3458 William Penn Highway with barrels setting on the side of the road. I almost ran off the road the other night by the ambulance going the opposite way and I almost took those barrels out. They're on the right-of-way. Solicitor Barbin said, they can contact the State Police in Ebensburg and they'll contact PennDOT being it's a State road.

Bob Albright said, those police cars you have out there. . I know you already passed a motion to put that stuff out for bid but is there anyway to take those two police cars. . .this Township's been financially blessed. . is there any way to take those police cars and donate them to another municipality that's financially strapped instead of putting them up for bid? This is for the safety of all people. Chairman Bracken said, right now, one municipality is looking at one of the cars. Supervisor Baker added, yes, we're considering that too. Albright said, I think that would be wise to give them to another municipality instead of just putting them up for bid. The cars already have the lights on them and it would save them a lot of money. . . .especially the smaller municipalities. Baker said, they're not completely equipped anymore because we moved the equipment to put it in the new cars. Supervisor Stephens said, yes. . the radios.

Clair Michaels . . the Volunteer Fire Company is looking for money to buy a new tanker truck and why can't we help them out there? . . maybe buy them a new tanker truck. Chairman Bracken said, nobody understands. . the chassis has been delivered over there and it's paid for. That insurance check came and went to the Fire Company. The chassis is paid for. . we can't pay for nothing else now until it's built. Michaels said, that's what I'm saying. . why can't we buy a good bit of that stuff. Why can't the Township donate the extra money to finish the tanker truck so it's back on the road? Bracken said, we've been in touch with them. Michaels asked, can't we help them out some? Bracken replied, we always do. Manager Hirko said, they haven't approached us yet. Bracken said, they're not ready. It's not even built yet. . it's probably going to be two years. I think the chassis was $149,000. It's probably going to be around $446,000. They have $140,000.

Dean Rorer said, on these coal trucks on Pike Road. . it's ridiculous. I challenge you Dave . .or Bruce or Bob to stop up there along that road and listen to those empty trucks. I thought there was an ordinance too on that 10 ton road limit. Chairman Bracken said, no . .they have the road bonded. The road's bonded and they're the ones who pay for all the repairs on the road. Solicitor Barbin added, it's bonded for damage to the road only. . it's not bonded for noise or other inconveniences. You can make them responsible for the damage they do but you can't not give people access. Karen Nolan asked, can't they be held responsible for loss in property value? Barbin answered, no. . not generally. Nolan asked, are there alternatives we would have? Barbin said, that's a good question. Nolan asked, how do they get permission to use the road? Barbin said, they came and asked for permission. It's a periodic bond but you got to give them some access. Whose alternate roads should they be put on? That's always a problem. . .they take them off your road and put them on somebody elses. Nolan said, but there's 90 houses and 6 bus stops up there. Perhaps a State road is more viable or a less inhabited road. Supervisor Baker said, unfortunately it's a decision you have to make. Does that half get the traffic or this half get the traffic. If this half gets the traffic, they've got to go through a school zone. . . they've got to go through a busy intersection here then also down here. . . they got to go some way but what way is the lesser of the two evils. Rorer added, but there's more and more trucks every day. Baker said, I don't like those trucks probably a lot less than you do. Rorer said, it's devaluating our property. Baker said, if I had it my way, there'd be no truck noise in Jackson Township. I've got a ton of them. Barbin said, the alternative would be running them down past the church and a school here. Nolan continued, not necessarily. . there's roads connecting . . Ogden Road to Route 22. . .less inhabitable roads. . no children out on bus stops. Baker added, those roads for lack of a better term are goat paths with a little bit of tar and chip on it. Nolan said, so is ours now. Baker answered, no. . that's got a concrete base under it. Rorer said 38-E and 38-B are connected there just over the hill. . they could put a railroad in and rail the coal. Baker said, that would be great. Nolan asked, when is the bond up? Baker answered, every six months. Nolan asked, do we have the right to re-look at that bond? Baker replied, at the end of the six months. Will Michaels said, apparently they're neglecting the road for a period of time before they're making those repairs. Maybe they ought to be forced to make the repairs quicker. Baker said, one of the things that helped the Swigle Mountain residents was the paving of that road. That road was not paved because of those trucks. That road was paved because it fell at the end of a 10 year plan that PennDOT had it on. Our piece of Pike Road. . they don't make the repairs. . we do. We give them a cost and they approve the cost or they can get a contractor to do it if they thought we were too much. There's not been a problem paying whatever we've asked to have the road fixed. We do have plans and anticipate paving that section of Pike Road. . .however to pave that road today would be a waste of money because what we're doing now is all the base repairs. As a road blows out. . .you've seen it on the side. . .that's where the road is blowing out now. As we repair those, they're not blowing out again. If you remember last year, we did the other end of Pike and this ends starting to come. Hopefully in the spring, we'll have very little and if that's the case, then we want to pave that road but we just don't want to pave it and then have that pavement tore up. Nolan asked, what about speed limits. Baker said, if I had it my way, I'd reduce the speed limit. . . unfortunately for our Police Department they're allowed 10 miles over the speed limit before we can ticket them because we use VASCAR. Barbin added, you have to give them that lee-way. Nolan said, so they're allowed to go 50 miles per hour down that road? Baker said, we may be able to reduce the speed limit. We had to request a speed limit study for Swigle Mountain, but that's a State road. Your concerns are not going on deaf ears. As far as noise, strengthening the road won't help. . .smoothing. . yes. At least if the road's paved, those bumps are gone then. We'll look at reducing the speed limit and make it undesirable for them and maybe they'll want to come this way on their own. We were working on that road and almost got run over. . this year we shut it off. They wouldn't stop at the flag man. . we know what you're going through. Nolan said, but wouldn't it be great if half went on this part and half on that part. Baker said, but there's a school zone. Barbin said, you got a serious problem but you don't take your serious problem and put it in front of a school. Baker said, let us look at reducing the speed and doing something else there. Even if you're hidden, it only takes the first truck to get the word out. . they're in the white truck with the light on. It's frustrating. Rick Fetzer said, what they're doing now in Seward is they're requiring every truck to have a number on the side and then any employees. . or if you live on that road. . I see an idiot driving a coal truck in the morning and I get his number. . I tell somebody. Baker said, we went to Amfire and they said we have no control over those trucks. We're looking at getting tough on Amfire to help control the trucks. Rorer added, these trucks are all lettered with their names on the side of them. I talked to Bob Fatula about it and I even had the name of the truck. . he almost run over me. . all I saw in the back window was headlights and grill. Baker said, short of putting the cart before the horse and I know the anguish you have there, we've been talking about this and we had this conversation. Another problem is they don't stop at the stop sign. Irregardless if they go this way or that way, they don't stop at the stop sign. Video is a way that we may get a grip on what these guys are doing. Fetzer added, require Amfire to have safety meetings with it's truck drivers . .that's what Reliant is doing. . . they know we're watching. Michaels suggested, put in the newsletter for somebody to come with ideas. Baker said, I don't know what to tell you. . I can say it's not on deaf ears. . we just don't know what to do . .but there's been some good ideas here tonight. This issue is not dead with the Township Supervisors. Nolan said, you seem concerned about noise from wind generators and for owners to be able to enjoy their property yet here we sit. Barbin said, and trucks are a whole lot worse than any windmill. Baker said, but you see both ends of the spectrum that we got to deal with. . .you've got a gentleman here that doesn't want one in his back yard. . .you got a lady over here who wants them across her ridge. . . and another woman here who think's they're beautiful. Michaels asked, is there any ordinance on decibels they make? Baker said, I wanted to put a Jake brake ordinance in Jackson Township and was told I wasn't allowed to because those of us who live along 22. . you think you've got it bad. Tim Burkey added, live on Singer Hill where I am. Nolan said, yes but our's wasn't always that way. Bob Albright said, when they finish 22 up here they're going to have a straight shot down the mountain the whole way down. . . they're going to ride those Jake brakes. Baker replied, PennDOT says they won't use them now that they have a straight double shot. It's not the Jake brakes. . it's the guys . .that's the problem. Now. . can we regulate that you must have a muffler running through that? We need to do something about that noise too. Barbin said, you'd have to have some officer certified in vehicle inspection. That's not a simple thing. If he's certified, he can pull over a truck and cite them for any deficiency of the rules. It's my understanding we could bring one in from a State agency. If we found the right police department. . hire the officers. . they'd want paid overtime. They'd specialize in safety inspection of vehicles. Clossin . . you got trucks. . why are they so loud? Bob Clossin answered because they get out and put Jake brakes on them. Baker said, there was a noise abatement ordinance in Jackson. . . it wasn't a Jake brake ordinance. It's my understanding that PennDOT made the township take them down. George Burkey replied. . they were Jake brake signs. Baker said, but it says noise abatement on the signs in the garage. Burkey said, but they said no Jake brakes. . they called and said get those signs off of there because if you tell a man not to use his brakes on a truck and he has an accident, your Township is going to be sued for everything you got. Barbin added, and if there's no State rule on the straight pipes, we probably don't have the power to. Albright added, I've lived there 45 years. .I know what they're doing. Baker said, you cannot sit like this on your porch. . I'm easily about 1,000 feet off of 22 but my wife and I can't sit on the front porch and have a conversation like this when some of those trucks go by. You can't put a noise ordinance in because you're going to get into chain saws, lawn mowers and everything else.

Chairman Bracken
made an announcement that the next Board of Supervisors meetings will be held on Thursday, September 14, 2006 at 8:00 am and Thursday, September 28, 2006 at 7:00 pm at the Jackson Township Municipal Building.

Motion Baker, second Stephens to adjourn the meeting at 9:20 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary