September 26, 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.

Public Comments:
Don Krens asked Supervisor Stephens if he was reviewing all the permits or just certain ones. Supervisor Stephens said he looked into the permits that were brought to his attention by citizens of the Township. Mr. Krens asked Mr.Stephens to explain why the auction barn on Fords Corner Road has failed to do a stormwater management plan. Mr. Stephens said that the matter should be referred to Harry Baker, Zoning Officer. Mr. Krens also stated to Solicitor Gvozdich that he was issued a building permit.

Rick Fetzer commented that he was chastised by Supervisor Stephens for writing a letter to the Readers Forum without Zoning Board approval yet Mr.Stephens sent a mailing to the residents of Dishong Road signed as a Supervisor without Board approval. Mr. Fetzer also said he talked to Supervisor Umholtz of East Wheatfield Township and was told that Mr. Stephens went to their meeting as a Supervisor without Board approval. Mr. Fetzer also asked the Supervisors to state what the wages were of the Zoning Board and Planning Commission members publically being that a letter to the Readers Forum said he was a paid member. Supervisor Bracken said none of the members were paid. Supervisor Stephens read a prepared statement about going to East Wheatfield Township out of concern they didn’t know Jackson Township had passed a zoning ordinance.

Supervisor Baker expressed concern that the public comments were getting off track of the items on the agenda and reminded Supervisor Bracken of Township Resolution 0493 and stated that he would expect that as the Chairman, he would uphold that resolution at the meeting. Supervisor Bracken read Resolution 0493 which addresses guidelines for the public comment period. Supervisor Baker said everyone was welcome to comment on items on the agenda but that it was not a question and answer period.

Clair Michaels asked how someone could get on the agenda. Supervisor Stephens stated he asked to be on the agenda and was denied. Supervisor Baker said as a Supervisor, he didn’t have to ask to be on the agenda and was free to speak at anytime. Mr. Michaels then asked where the abandoned mine was and what was going on with it. Solicitor Gvozdich stated the mine problem on Fords Corner Road was serious and a decision had to be made as to what would be done.

Steve Yurasek asked the Township Supervisors if he paid the cost, would they permit him to have a lab do sampling on the Leidy Lane Property to be certain that no hazardous materials exist.  The Supervisors agreed to review the situation.

Eugene Kist asked how many non-conforming properties have been documented to date. He also asked why he couldn’t be put on the agenda to talk about zoning.

Will Michaels asked what the Supervisors were planning in the way of a donation to the Fire Company for the purchase of a new truck. Supervisor Bracken said that would be addressed being the item was on the agenda. Mr. Michaels felt the Township should pay 100% of the cost.

Ed Westrick asked if Direct Value Outlet had a building permit. Supervisor Bracken said a permit was issued. Supervisor Baker offered a copy of the permit to Mr. Westrick. Mr. Westrick said that Ordinance 118 should be repealed.

Don Knopsnyder asked if Mr. Westrick wanted all the ordinances enforced equally or just Ordinance 118. Mr. Westrick replied he only spoke of Ordinance 118.

Joe Baxter, Chairman of the Recreation Commission stated there was nothing improper about buying playground equipment with the monies received from select timbering at Mitchell Field. Mr. Baxter had a deed stating it was proper and invited anyone who could show him something was done illegally to come forward.

Genia Rutledge asked if someone burning construction materials would be illegal? Supervisor Bracken said it may depend on what kind of materials were burned and if she felt there was a violation, she should contact the PaDEP.

Supervisor Baker addressed some concerns from last months meeting. The Conectiv Power Plant Open House would be held at the Jackson Township Fire Hall on October 15th, 2002 from 6 to 8:30 p.m. In regards to installing new water lines on Wagner & Pintail Roads, Mr. Baker said he checked with Larry Custer of the Cambria County Redevelopment Authority and engineering services and additional funding would be sought towards the end of this year. In regards to Mr. Steve Yurasek’s concern about a culvert located along Route 271, Mr. Baker said that Supervisor Bracken had been in touch with PennDOT and they are addressing the issue. Mr. Baker also stated that permit fees were being reviewed with Mr. Guy Ellenberger and that some minor discrepancies were found.

Motion Baker, second Bracken to approve the minutes of meetings on August 29th and September 19th. Vote - Baker & Bracken-yes, Stephens-abstained due to pending court litigation.

Township Reports:
General Fund - 9/1/02 - $ 129,421.07; Receipts of $ 60,433.19; Disbursements of $ 52,455.69; Balance 9/25/02 - $ 137,398.57

Capital Reserve Fund - 9/1/02 - $ 802,636.66; Receipts - $ 66,201.23; Disbursements - $ 6,801.00; Balance 9/25/02 - $ 862,036.89

A presentation of speed limit studies done on Adams Street, Kepple Road, Blackburn Road and Snyder Road were presented by Chuck Myers of Lehman Engineers. Supervisor Stephens also mentioned that the speed limit on Leidy Lane should be reviewed. Supervisor Baker said that could be looked at further.

Motion Baker, second Stephens to have Solicitor Gvozdich prepare an ordinance to adopt the speed limit studies on the four Township roads. Vote-3 yes.

Motion Baker, second Stephens to authorize the advertisement to have a independent CPA firm preform the audit on the 2002 records in lieu of the Township Auditors. Vote-3 yes.

Motion Baker, second Stephens to authorize advertisement of a proposed new road weight limit ordinance. Vote-3 yes.

Resident, Eugene Kist brought up the subject about further testing for any hazardous materials at Leidy Lane Park. The Supervisors entered Executive Session at 7:50 p.m. to discuss possible legal concerns on testing at Leidy Lane Park. The Supervisors returned at 8:08 p.m. from Executive Session.

Motion Baker, second Stephens to appoint Manager, Dave Hirko to be the regular attending member of the Cambria County Sewage Enforcement Agency. Vote-3 yes.

Motion Bracken, second Stephens to appoint Supervisor, Bruce Baker to be the alternate member of the Cambria County Sewage Enforcement Agency. Vote-3 yes.

The need for the Jackson Township Volunteer Fire Company to purchase a new fire truck was discussed. Motion Stephens, second Baker to make a one-time contribution of $42,050 to the Jackson Township Volunteer Fire Company. Vote-3 yes.

Supervisor Bracken and Solicitor Gvozdich discussed an abandoned mine problem on Fords Corner Road. There were concerns about water pouring out of the mine and possible liability to the Township if they would be involved. According to Supervisor Baker the PaDEP couldn’t guarantee they could address the problem for 1-2 years if they alone were to handle it. Supervisor

Stephens suggested that Solicitor Gvozdich address possible liability to the Township should they be involved. The Supervisors agreed to contact public officials to try to expedite action by the State & Federal Government as well as the PaDEP.

The Supervisors looked at a cost study preformed by Rizzo Associates estimating that the cost of a new roof for the Township Garage would cost approximately $50,000. Motion Stephens, second Baker to have an engineer draw up specifications for the replacement of a roof on the Township Garage. Vote-3 yes.

The Supervisors went into Executive Session at 8:35 p.m. to discuss a possible lawsuit from East Wheatfield Township. The Supervisors returned from Executive Session at 9:10 p.m.

Motion Bracken, second Stephens to approve the bills from August 30th, 2002 to September 26th, 2002 - General Fund - $ 52,455.69; Senior Center Fund - $ 1,992.54. Vote-Baker & Bracken-yes, Stephens-abstained.

Motion Stephens, second Baker to approve the time sheets for August 18th to August 31st, 2002 and for September 1st to September 14th, 2002. Vote-3 yes.

Motion Stephens, second Baker to adjourn the meeting at 9:15 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary