SUPERVISOR’S MEETING
September 28, 2006
The Jackson Township Supervisors held a public meeting concerning the ordination of Pine Lock Street as a public road in Jackson Township 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.
Board Roll Call was taken with all three Supervisors present.
Public Hearing on the ordination of Pinelock Street as a public road in
Jackson Township:
Solicitor Barbin
said, we advertised a Ordinance to ordain
Pinelock Street in Cambria County, Jackson Township. The proposed Ordinance says
whereas, the Jackson Township Board of Supervisors are vested with
responsibility for the care and maintenance of certain public roads within the
Township pursuant to Section 2304 of the Second Class Township Code,
specifically including the power to open, lay out and ordain public roads; and
whereas, the Township has received a petition signed by more than 50% of the
owners of frontage along Pinelock Street requesting that Pinelock Street be
opened and ordained as a public road; and whereas, the Supervisors have caused a
public hearing to be held on September 28, 2006, at 7:00 P.M., pursuant to the
requirements of Section 2305 of the Second Class Township Code and as a result
of such hearing are prepared to grant the request of the petition. Now
therefore, be it ordained and enacted by the Board of Supervisors of the
Township of Jackson, Cambria County, Pennsylvania, and it is hereby enacted and
ordained as follows: 1. Pinelock Street as shown on the attached drawing and as
previously recorded in the office of Recorder of Deeds in and for Cambria County
on the Plan of Lots of Ira Gilkey dated April 27, 1973, recorded in Plan Book 6,
Page 117 and Plan of Lots of Ira Gilkey dated October 12, 1983, recorded in Plan
Book 7, Page 59, is hereby ordained as a public road in Jackson Township,
Cambria County, 40 feet in width and running from Ogden Street, TR-431, to
another point on Ogden Street, TR-431. The Solicitor is authorized to defend
against any exceptions filed to this ordination, and in the absence of such
objections or at such time as objections are dismissed, to request appointment
of a Board of View to assess any damages or benefits conferred as provided by
law. Following the effective date of this Ordinance, the Township Solicitor
shall cause a copy of this Ordinance to be recorded in the Road Docket of
Cambria County as maintained in the Office of the Clerk of Courts. The Township
Secretary shall forward a copy of this Ordinance to the Pennsylvania Department
of Transportation District 9 Office. This Ordinance shall take effect thirty
(30) days from the date that this Ordinance is passed. Section 2305 states that
before the passing of any ordinance for the laying out of a road or highway, the
Board of Supervisors shall give 10 days written notice that the owners of the
property adjacent to the road or portions thereof involve a time and place set
for a hearing on the proposed Ordinance. If the Board of Supervisors votes in
favor of exercising the power and shall enact the necessary Ordinance and file a
copy of the Ordinance, a resident or property owner affected by the Ordinance
may within 30 days after the enactment of the Ordinance by the Board of
Supervisors upon entering into the Ordinance of the security to indemnify the
Board of Supervisors for all costs incurred in the proceedings found in sections
of the Ordinance with a petition for review. We’re here to hold a public hearing
and the first question would be, does anybody have any comment on the ordinance
of Pine Lock Street.
Gerry Dugan said, I just want you to know I have two pieces of property along that street and I have driveways entering both properties and I just want to be sure I’m not going to be charged for driveway permits and installation of pipes underneath the roads and driveways if the Township takes this road over. Solicitor Barbin replied, everybody on a Township street requires a driveway permit. . . I don’t know if a pipe’s required. . .that would be up to the Roadmasters. Supervisor Baker said, they have existing driveways. Chairman Bracken added, it would be only if they would put new driveways in. Barbin asked, yours are already there? Dugan replied, right, they’re existing driveways there. I wanted to be on public record that those driveways are there and they are used. I don’t want to have to come back and buy a driveway permit and be told I have to install drainage pipe so I can use those driveways because we have complaints that water run-off is an issue and I want to be sure that I’m not going to be forced to put pipes under the driveways. The Township has to accept responsibility once you’ve taken the road over, right? Bracken replied, the Township don’t pay for the pipe when the right-of-way’s a driveway. Barbin added, I want to be absolutely fair with you too. . .the Township takes this over, the Township is now responsible to maintain the road within that 40 foot right-of-way but if the Township feels the only way to properly drain. . .the Township is going to try to be cooperative and work and not cause a lot of trouble but if the only way to drain the road is to deepen the ditch, then you may end up physically having to have a pipe because you will be crossing Township property to get out onto the road. You’re going on to a private right-of-way now. I don’t want to say it’s ok in case there’s a problem later. You’ll be heading on the right-of-way and the requirements for a pipe are something that develops as time goes on. If they dig a ditch, how do you cross it? Dugan said, that’s what I’m here to represent. Barbin said, the Township can’t promise they won’t ever dig a ditch. Dugan replied, I don’t want to incur the cost to put pipe in because I’ve already been down that road once already. Barbin answered, the Township will not pay for a person’s pipe for their driveway. The way he’s asking this, you can’t give him an open ended answer that there’s no problem. Probably it won’t come to be. . probably it won’t happen. . .as it stands now, no. . .he doesn’t have to, but it could come to be and if it did come to be, he’d probably be real mad.
Bruce Hildebrand asked, is there any cost incurred to the residents who want Pinelock Street taken over? Solicitor Barbin answered, could there be. . yes. Hildebrand asked, as in what manner? Barbin said, some people refused to sign and because they refused to sign, those people could make a claim for damages. Hildebrand said, I mean if no claim was made. . the base, the sub-drain and everything’s in. . .is that going to fall back on the people who own property along the road?. . .or is it State inspected to be taken over as is? Supervisor Baker said, the Engineers looked at the road and based on their recommendation, it’s acceptable. Hildebrand added, and the other thing. . . there’s trees growing along it and stuff like that. Barbin said, there’s no cost with the road but if one of the neighbors make a claim, then we’ll petition the Court in respect to the part I read there about benefits and damages across everybody. What that means, if somebody says, well. . .I had to put a pipe in now and that’s going to cost me $200, theoretically they might decide to apportion that cost across everybody. Hildebrand said, what I wanted to know if the base wasn’t in and you had to have a base. Barbin replied, no. . it’s been approved already.
Supervisors Meeting:
Public Comments Concerning Agenda Items:
Eugene Kist
said, Mr. Hirko, I submitted some bids. Manager
Hirko replied, I know what you’re going to say. You’re listed twice
under that one bid and your bid was $5.00 Kist replied, yes. . not
$300.00. Hirko said, no. . .I have the right name on that.
Dennis Mehora said, I just wanted to make note of. . I think Sherry brought our petition up to take Pudliner Lane over and she told me that there was some residents who didn’t sign the petition. Manager Hirko said, there were two property owners. Mehora said, correct and we feel the rest of the residents of Pudliner Lane make a majority of over 50% and we’d like to proceed with the Township taking over Pudliner Lane. Solicitor Barbin said, the procedure we followed on Pinelock Street was when we got the petition, it didn’t have everybody. This petition was the first one with the map. . .we sent them another petition with a letter saying, you understand that somebody made some objections and claims that their property’s damaged by taking over the road and we’re going to force those costs to be split among the people. Mehora said, so you’re going to send out another petition? Barbin said, they’ll be another petition and another letter like we did for Pinelock.
Minutes:
Motion Stephens, second Baker to approve the minutes of the Board of
Supervisors August 31, 2006 Meeting and September 14, 2006 Meeting. Vote-3 yes.
Township Financial Report:
|
FUND |
Balance |
|
Disbursements |
Balance |
|
GENERAL |
$ 106,411.07 |
$ 147,936.24 |
$ 162,028.47 |
$ 92,318.84 |
|
CAPITAL RESERVE |
$ 1,595,599.63 |
$ 64,281.81 |
$ 62,612.39 |
$ 1,597,269.05 |
|
HIGHWAY AID |
$ 138,289.93 |
$ 587.23 |
$ 105,649.99 |
$ 33,227.17 |
|
SR. CENTER FUND |
$ 26,366.29 |
$ 2,482.61 |
$ 2,246.40 |
$ 26,602.50 |
Motion Baker, second Stephens to approve the bills for the period of September 1, 2006 through September 28, 2006. Vote-3 yes.
|
General Fund |
Highway Aid Fund |
Senior Center Fund |
|
$ 162,028.47 |
$ 105,649.99 |
$ 2,246.40 |
Township Police Report:
The August, 2006 Police Report submitted by Police Chief Bob
Fatula was presented. The figures for August were as follows: 911
Calls dispatched to Police were 393. Reportable Incidents were 49
broken down as follows: Theft-12, Criminal Mischief-7, Disorderly Conduct-5,
Harassment-5, DUI (Driving While Under the Influence)-3, Vehicle Theft-3,
Assault-2, Burglary-2, Drugs-2, Carrying Gun Without a Permit-1, Endangering
Welfare of Children-1, Receiving Stolen Property-1, Reckless Endangerment-1,
Resisting Arrest-1, Scattering Rubbish-1, Terroristic Threats-1 and
Trespassing-1. Accidents Handled-10, Traffic Citations Issued-19
Non-Traffic Citations Issued-11, Criminal Charges Filed were 28
broken down as follows: Disorderly Conduct-5, DUI (Driving While Under the
Influence)-3, Theft-3, Assault-2, Drugs-2, Harassment-2, Scattering Rubbish-2,
Trespassing-2, Carrying Gun Without a Permit-1, Endangering Welfare of
Children-1, Receiving Stolen Property-1, Reckless Endangerment-1, Resisting
Arrest-1, Threats-1 and Vehicle Theft-1.
Correspondence:
Manager Hirko
said, We received a letter from the Home
Nursing Agency and they’re asking for a donation. We contributed the
last several years. They’re asking for $300.00 to help defray cost and they are
a non-profit organization. Last year they had 262 visits to patients in Jackson
Township. The other letter was from the Jackson Township Volunteer Fire
Company requesting help with a contribution in helping to defray the
cost of treats for their annual Halloween Parade. Last year we gave them
$500.00.
Notification of Traffic Control Signs Placed Per Ordinance # 139:
Chairman Bracken
announced, 30 mph signs posted on Pike Road East
from Swigle Mountain Road to Route 22.
Old Business:
(None)
New Business:
Motion Baker, second Stephens to approve Resolution 09-06 adopting the
Jackson Township Comprehensive Plan as prepared by Richard Sutter & Associates.
Vote-3 yes.
Motion Stephens, second Baker to adopt 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 Baker, second Bracken to adopt Ordinance # 144 which amends Ordinance # 47 to require new property owners to tap into the Jackson Township Water Authority System when a property with occupied structures is sold. Supervisor Stephens commented, I don’t feel it’s right to get out and enforce that when they have a good well. . . to take water when they don’t need it at an additional cost. Chairman Bracken replied, it don’t read that way. There is no cost until the property is sold. Stephens said, exactly. . it don’t matter who the property owner is. . . it’s another burden on the taxpayers. Providing everybody don’t really need it, that should be a discretion for the property owner themselves irregardless whether you’re an old property owner or a new property owner. A vote was then taken. Vote-Baker & Bracken-yes, Stephens-no.
Motion Stephens, second Baker to adopt 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 adopt Ordinance # 146 ordaining Pine Lock Street as a public road in Jackson Township. Vote-3 yes.
Motion Baker, second Stephens to authorize Solicitor to prepare Ordinance # 147 ordaining Pudliner Lane as a public road in Jackson Township and schedule a public hearing. Vote-3 yes.
Motion Baker, second Bracken to authorize Township Manager to place advertisement to appoint Barnes, Saly (Catanese Group), Certified Public Accountants to perform the 2006 Audit of Township Records in lieu of the Township Auditors. Supervisor Stephens commented, I state the same as I did last year. It’s an added cost over and above what the Township Auditors would charge. I’m not in favor of having an outside party do it. A vote was then taken. Vote-Baker & Bracken-yes. Stephens-no.
Chairman Bracken read the bids received for Vinco Stream Bank Stabilization Project. The bid results were as follows: Earth Shapers Inc.-$54,260.00, Turjan Enterprises-$69,650.00 and Oppy Construction Inc.-$103,335.00. Motion Baker, second Bracken to award bid to Earth Shapers Inc. in the amount of $54,260.00 to carry out the Vinco Stream Bank Stabilization Project per specifications completed by the Cambria County Conservation District. Supervisor Stephens commented, I drew up a general map and I gave each Supervisor, the Township Manager, the Solicitor and the two newspapers a copy of this map showing exactly what it pertains to. What we have here is a situation where we need to ask ourselves some questions. . . I’ll be glad to get out and go over this with anybody that’s so inclined after the meeting or during the meeting if you’d like. . . . if there are any questions. What we have is a situation down in Vinco and there is a problem there. . there’s no question about it. . . it’s a stormwater management drainage problem. It’s been there for some time and something does need done with it. Who’s responsible? . . Whose responsibility is it? Should the Township assume not only the cost but the liability involved? I was talking with the Solicitor prior to the meeting about the liability and there’s always liability with anything that we make a decision on. The number one question I have. . . should the Township have secured easements for all of these properties? I don’t think so. Number two. . .we’re all easements processed according to law? I don’t think so. Number three. . .should the Township do or have done drainage work for the benefit of private individuals?. . . in my opinion . . no. Number four. . Does the State own the streams in the State of Pennsylvania? If so, shouldn’t the State pay for this stream work? What we have here is what appears to be a stream in conjunction with a drainage ditch running to the stream to get out and facilitate the run-off water basically from one large property. Number five. . .is doing this work fair at the Township’s expense to the taxpayer? In my opinion, no. Bracken asked, I have a question. . who’s responsible for stormwater management in Jackson Township? Stephens replied, I believe the Township, County and the State are responsible for stormwater management. Bracken answered, I think Jackson Township’s responsible for stormwater management in Jackson Township. Stephens said, we’ve been designated with one mandate and it’s questionable whether that’s legal when they made that designation. Solicitor Barbin said, I think you’re discussing policy. . . I don’t think either of you are actually wrong. You’re both right I believe in this particular case. It comes down to a question of when you think of good use of resources, there’s a substantial problem and we’re spending this money to perform a valuable benefit to society. Supervisor Baker said, it does drain way up from Woodland & Poplar. There’s hundreds of acres that this drains. If you start tracing it back to who’s the blame, it certainly might not be those property owners either, but they’re receiving the water that’s coming down from above. It is beneficial to the community because if we get that fixed up, it’s not going to wash any of that creek out that goes under Adams Avenue. Bracken added, there was a time when that house was built there that the creek was moved. I think we got a whole problem here and it’s not the people’s problem. . it’s draining from so far up. . hundreds of acres. I think it’s partly our responsibility to try to take care of that. Baker asked, the questions Bob raised with those easements. . are they founded? Barbin replied, I don’t see anything wrong with them. I’ve not heard the objections. . I’m not going to say something’s wrong and I don’t know what it is. I didn’t draft the original easements. I looked at them. . I executed the last one and then I recorded them all. They sat for two years before they were recorded. There’s no law that says a deed or easement can’t sit for awhile and be recorded later. Stephens said, the thing I’m taking issue with and I don’t think it was done in the best interest of everybody concerned. . . it was before Mr. Gvozdich processed the third one. I think all of them were dated in 2002 yet the actual recording of easements. . . Barbin said, they’re all dated late. Stephens said, yes and then you take the dates that they were all notarized and take the dates in which they were recorded and then go back and check to see if the Township Supervisors at a public meeting authorized them. Barbin said, they were dated 2002. . October, 2002. . July, 2002. . .August, 2002 and then the last one that I was here for is July, 2004. The Notary matched the date on the front. . . they were all recorded after the last one was signed. . . that’s 2004. I’m assuming obtaining the easements was authorized somewhere around the time the easements were first drafted up but I can’t say that for a fact. Stephens said, if you were to get out and check the Township Supervisors meetings, at what point did the Township Supervisors. . .be it prior to when I took office or later. Barbin answered, somebody hired the Engineer. Before those easements could be drawn up, the Engineer had to prepare a map. Those maps are signed by Dave Duray who I’m guessing is with Hinks & Locher, now Rizzos. Somebody authorized the Engineers to draw this up and I did not sit and read through all the minutes. . . I’m assuming the Supervisors authorized the easements to be drawn up by the Engineer, and if that’s a fact, then that would be enough authorization. Stephens said, these are all drawn up in 2002 except the last one. Barbin answered, but even the last map was dated in 2002. . it just wasn’t processed. Stephens said, I was here and I do not recall voting on any of these easements. . . none of them including the one up on Fords Corner Road. Manager Hirko said, these easements were here when I got here and that was the beginning of 2002. I don’t know who they originated with but it was prior to my being here. Barbin said, you could check or you could vote on them now and ratify them after the fact. If there’s a serious question about that you could ratify them after the fact. You could go through the minutes. . this would have had to been prior to the dates of the easements because the Engineer would have had to been authorized before he actually dated them and he dated them all in 2002. Baker said, the County and Rob Piper’s office did draw up those plans. Stephens said, they must have got out and assumed public responsibility in order to get out and spend the amount of money they spent to draw that up. . it’s about 200 pages in design and specifications. Baker asked, is there State money available for this to help with. . to pay for it? Barbin answered, Growing Greener, but with the evaluation process, it’s evaluated with all the other grants and there may not be anymore grant money available for this year. Bracken said, the project has to be done. Stephens said, who’s going to pay for it. .that’s the bottom line. A vote was then taken. Vote-Baker & Bracken-yes. Stephens-no.
Motion Stephens, second Baker to accept resignation of John Higgins as a part-time Police Officer for Jackson Township. Vote-3 yes.
Motion Baker, second Stephens to hire Daniel Gonos as a part-time Police Officer for Jackson Township. Vote-3 yes.
Motion Stephens, second Baker to authorize contribution of $300.00 to the Home Nursing Agency. Vote-3 yes.
Motion Stephens, second Baker to authorize contribution of $500.00 to the Jackson Township Volunteer Fire Company to help defray expenses of holding the annual Halloween Parade. Vote-3 yes.
Chairman Bracken read the bids received for the Etnyre Stone Chipper. The bid results were as follows: Eugene Kist-$422.37. Motion Baker, second Stephens to reject bid received for the Etnyrne Stone Chipper. Vote-3 yes.
Chairman Bracken read the bids received for the Galion 4-6 Ton Roller. The bid results were as follows: Kevin Krouse-$650.00, Eugene Kist-$367.75 and John Sirko Jr.-$350.00. Motion Baker, second Stephens to reject bids received for the Galion 4-6 Ton Roller. Vote-3 yes.
Chairman Bracken read the bids received for the Galion 3-Wheel Roller. The bid results were as follows: Eugene Kist-$367.95. Motion Baker, second Stephens to reject bid received for the Galion 3-Wheel Roller. Vote-3 yes.
Chairman Bracken read the bids received for the Galion Schram Air Compressor. The bid results were as follows: Eugene Kist-$176.25, Kevin Krouse-$150.00, Gauding Brothers-$108.00 and Vehicle Outfitters-$22.13. Motion Stephens, second Baker to accept bid of Eugene Kist for $176.25 for Galion Schram Air Compressor. Vote-3 yes.
Chairman Bracken read the bids received for the 2001 Ford Crown Victoria Police Vehicle. The bid results were as follows: Sherif Motors-$2,189.00, Bay Ridge Motors-$1,601.00, Grace Quality Used Cars-$1,456.00, Vehicle Outfitters-$1,052.13, Police Cars Unlimited-$918.00, Gaudino Brothers-$ 680.00, Eugene Kist-$567.33, Jeffrey Desch-$407.56 (Second Bid Submitted) and Jeffrey Desch-$ 259.09. Motion Baker, second Stephens to reject bids received for the 2001 Ford Crown Victoria Police Vehicle. Vote-3 yes.
Chairman Bracken read the bids received for the 1999 Ford Crown Victoria Police Vehicle. The bid results were as follows: Sherif Motors-$1,889.00, Vehicle Outfitters-$802.13, Grace Quality Used Cars-$556.00, Bay Ridge Motors-$325.00, Jeffrey Desch-$251.11, Scott Zelek, $205.00 and Gaudino Brothers-$140.00. Motion Stephens, second Baker to accept bid of Sherif Motors for $1,889.00 for the 1999 Ford Crown Victoria Police Vehicle. Vote-3 yes.
Chairman Bracken read the bids received for the 1996 Chevy Caprice Vehicle. The bid results were as follows: Ralph Trevorrow-$1,069.96, Vehicle Outfitters-$602.13, Sherif Motors-$589.00, Scott Lauwe-$353.01, Grace Quality Used Cars-$256.00 and Gaudino Brothers-$230.00 Motion Stephens, second Baker to accept bid of Ralph Trevorrow for $1,069.96 for 1996 Chevy Caprice Vehicle. Vote-3 yes.
Chairman Bracken read the bids received for the Aeroil Tar Buggy & Kerosene Burner. The bid results were as follows: Kevin Krouse-$155.00, Eugene Kist-$127.72 and Gaudino Brothers-$62.00. Motion Stephens, second Baker to accept bid of Kevin Krouse for $155.00 for Aeroil Tar Buggy & Kerosene Burner. Vote-3 yes.
Chairman Bracken read the bids received for the Ohan Diesel Powered Generator. The bid results were as follows: Eugene Kist-$222.22, Vehicle Outfitters-$25.13 and Gaudino Brothers-$21.00. Motion Baker, second Stephens to accept bid of Eugene Kist for $222.22 for Ohan Diesel Powered Generator. Vote-3 yes.
Manager Hirko noted that Eugene Kist was incorrectly listed as the high bidder for the Universal Line Painter instead of Kevin Krause. Chairman Bracken read the bids received for the Prismo Universal Line Painter. The bid results were as follows: Kevin Krause-$305.00, Vehicle Outfitters-$25.13 and Eugene Kist-$5.00. Motion Baker, second Stephens to accept bid of Kevin Krause for $305.00 for Prismo Universal Line Painter. Vote-3 yes.
Motion Stephens, second Baker on transferring $ 62,612.39 from the Capital Reserve Fund to the General Fund - $27,530.00 to Warnock Fleet for 2006 Crown Victoria Police Vehicle, $13,800.00 to Grannas Brothers for 2006 paving project, $5,509.39 to Smorto, Persio, Webb & McGill for Nischalke lawsuit legal expenses, $5,373.00 to Naugle Insurance for September installment, $4,550.00 to Wyse Memorials for Veterans Monument Expansion Project, $3,000.00 to Pashek Associates for work on Master Recreation Plan and $2,850.00 to Richard Sutter & Associates for Planning & Consulting Services. Vote-3 yes.
Motion Baker, second Stephens on approving the time sheets from August 27, 2006 through September 9, 2006 and September 10, 2006 through September 23, 2006. Vote-3 yes.
Other New Business:
Motion
Baker, second Stephens to authorize Solicitor to draw up easement
between Township and Pike Grace Brethren Church for a right-of-way through their
property to install drainage pipe. The motion was opened to public comment.
There was none. Vote-3 yes.
Public Comments:
Sara Deffenbaugh
commented on the Brown Cemetery. I’m here
representing the Daughters of Union Veterans in Civil Wars and I have a great,
great, great grandmother buried in the Brown Cemetery. I was down there the
other day taking pictures and you can’t see above the tombstones because of high
grass, weeds and briars. The grass is being mowed but there’s briars covering
most of the Veterans tombstones. I have a letter here from my Sisters and
Brothers of Union Veterans. . .signed by 16 of them. I’m seeking assistance to
help clean up that Cemetery. Supervisor Stephens said, it’s kind
of ironic that you come here tonight. . .I had requested the same thing sometime
in May. . I believe it was prior to Memorial Day. Also in conjunction with the
Brown Cemetery I brought up Lambaugh Cemetery up on Jack Rager Hill. As I recall
off the top of my head, there were four Civil War Veterans located in the Brown
Cemetery and as I recall I went down and was able to locate all four tombstones
of those four Veterans. In the Lambaugh-Rager Cemetery, there’s also I believe
four Civil War Veterans marked. Those graves are all discerned. The Lambaugh
Cemetery is also reputed to have a Michael Rager buried there, but I couldn’t
locate a tombstone for him. I advocated at that time to the Township Manager
that I wanted to get out and put some markers around that cemetery so it was
established exactly where the cemetery lay and at the entrance to it. I
suggested putting a stone depicting that Michael Rager is reputed according to
the information I have from the Historical Society at that time. . . that
Michael Rager was reputed to have been buried in the Lambaugh Cemetery but we
couldn’t find a definite spot. More or less, there should be a marker there in
my opinion recognizing the fact that he did serve and was from Jackson Township.
For the record, I don’t have any relatives that are buried in either one of
those cemeteries. We certainly appreciate your coming forward. Solicitor
Barbin asked, what are you asking that be done? Deffenbaugh
replied, clean up the Cemetery. Here are a few pictures of how it used to
look and some pictures I just took of how it looks now. I understand that the
people who own the property aren’t capable of taking care of it. Barbin
said, you know from prior discussions that we have the power to look at
a cemetery and if it is being neglected and not properly taken care of, you have
the right to give notice to the owner and give the owner 30 days to clean it up
and if they don’t clean it, up, you have the right to go in and clean it up
yourself and all costs are assessed to the property owner. If it’s a fact that
it’s been neglected. . you have to give a 30 day notice warning letter to the
owner telling the owner to clean it up. . .if they don’t clean it up then you
can clean it up yourself and assess the property owner. It’s nicer if you can
find volunteers to do it and avoid this approach. Stephens said, I
suggested early on that we contact the Boy Scouts. . .one of the Eagle Scouts
could make this a project. Eugene Kist said, in cemeteries and
these people. . if they wouldn’t have fought that damn war. . World War I &
World War II. . you wouldn’t have a ballfield for the kids to play on. The Japs,
Germans and English would be running it. There. . .take that and see what you
can take out of that. Men died and you worry more about a ballfield for
recreation. . .these people served our Country. Supervisor Baker
said, and we honor them very, very well. Now that we’re in this, if I may
interject. . . you may not know but the VFW in Twin Rocks come to me and told me
they were going to put up a stone over at the Ditchcreek property. Tom Rummel is
the Commander of the VFW. I was also contacted by Tom Kasecky and Joe Topar. . .
they were supposed to schedule clean-ups. Apparently Tom hasn’t done that yet.
For the record, I’ll submit some pictures of the Jack Rager Cemetery. . .that is
a beautiful place up there. . .it is not in dis-repair. Stephens
said, at times that may be the case but when I went there and the three of us
were there, I observed saplings growing up on some of the graves. Kist
said, most of your cemeteries in Pennsylvania are privately owned. You drive
by a cemetery and just look at the flags. Baker said, don’t make
the mistake though. . .we’re talking about private property here and that’s why
I tread lightly in forcing somebody. Kist continued, like I said
about the ballfields. . . I’m all in favor of sports and stuff like that.
Baker said, but the issue here is that these two property owners have
never rejected help and we just went through this back in May right before
Memorial Day. Kist asked. . .these people. . how old are they?
Baker replied, Mr. Ditchcreek is probably about 50 and Mrs. Dickert
is about 85. . but her children live all around her. Part of my concern was the
Township forcing somebody to do something. . .like the Township cleaning this up
and forcing these people to pay for it. . but everybody that’s come forward like
the Conservancy has said that they look for projects like this. I don’t know the
exact details but also the Historical Society is a possibility. There’s money
available for those two entities to fund projects like this. Barbin
said, while we can’t directly spend the money. . . you could give money to
the Historical Society and they could clean it up. Kist asked,
these names. . were they all put on the Memorial over there?. . . any from the
Civil War? Baker replied, if their name was submitted and
verified. . yes. I believe they are. Manager Hirko said, there
have been names submitted from the Civil War and the Revolutionary War.
Will Michaels said, I know the last thing you want to do is have these
people pay whatsoever. I would think there’s ways that these organization. . the
Township put up so much money and buy them. . .volunteers. . .a box lunch, soda
to drink or whatever. Baker said, there are organizations who want
to go up there and do this and I suggested it again today because Mrs.
Deffenbaugh had called and said that Bob talked to her. . one of the things that
could be done is when we’re talking about some of these projects for the
ballfield for Kelly. . .that’s she’s doing. . .is a Senior Project. The Juniors
and Seniors at the High School are constantly looking for things to do. The Boy
Scouts constantly come here wanting something to do. This would be a wonderful
match, tying in these organizations. . .and the Vets that were here in May. .
.their only concern was access on Memorial Day and Veterans Day.
Michaels said, what I was trying to get you to do is have the
Supervisors put $500.00 in that you could give to buy drinks or whatever.
Baker said, it’s my understanding we can contribute towards a monument
for Veterans. . we could have a Veterans Day Parade. . a Veterans Monument.
Kist asked, what about the Recreation Commission? Hirko
replied, they got a really full plate right now and they took that Veterans
Monument on at the Senior Center and that was a major project. Baker
said, nobody’s been contacted. All these groups that are available to do
something. . none of them have been contacted. Tim Davis said, my
concern here is that this problem isn’t going to go away from year to year. You
may get it cleaned up now. . you may get it cleaned up later. It’s something
that could be addressed in the Comprehensive Plan. I’m going to propose
something to you. . you have a larger cemetery behind you. What happens if they
go belly up and they can’t afford to take care of their cemetery?. . .and then
another cemetery and another cemetery. This is private property and I understand
the need for this to be cleaned up in respect for those who served. What I’m
saying is you got to be careful we don’t set a precedent because there’s large
cemeteries and cemeteries all over this Township we may not know of. One way to
address this would be under the Comprehensive Plan is identifying these and
possibly making them a historical site and they get funding and ask the property
owners to turn it over to the Historical Society then they would have the
property verses the private property owner. I think we’re setting a dangerous
precedent. Baker asked, how many have been to these cemeteries?
Davis said, you can solve the problem short term, but it’s going to
come back and back and back. Barbin said, what you’re proposing
right now is using the Americorps representative to make contact with these
school groups to see if they’ll do it voluntarily. . a senior Project. . to get
that coordinated. Baker replied, absolutely. Barbin
said, rather than notifying that they have a problem and ordering them to clean
it up. Baker added, they’ve said that they welcome help.
Kist asked, in that same situation, isn’t there a place up on Chickaree
where there was a huge massacre by Indians years ago? Is that marked? I’ve heard
that many a year. Baker said, I know a place up on the mountain
where there are stones that have Indian drawings on. Kist said,
they were going on 22 towards Pittsburgh and were massacred on top of the hill
there. It’s supposed to be historic. . . I don’t know if they checked that out
when they put the highway in or not. Baker said, all you guys that
are suggesting that. . you be around when I start my Historic Preservation
Committee. Kist said, I’ll be around. . just holler. Baker
replied, I’ll put you on. Deffenbaugh asked, how would you
go about getting Brown Cemetery or the Rager-Lambaugh Cemetery designated as a
historical site? Baker said, we had this conversation last month
with Sutter. Barbin said the Historical & Museum Commission has an
application form. Include a map showing that exact location and they’ll consider
whether they consider it important or not. Stephens said, it’s my
understanding that we need a motion to get out and have Kelly contact these
groups. . .is that where you’re at Bruce? Baker said, that’s fine.
Motion Baker, second Stephens to have Kelly coordinate cemetery clean-up
as a Senior Project. The motion was opened up for public comment. Betty
Lou Shoup asked, is this something that will have to be done every year
from now on or is this a one time thing? Baker replied, it would
be offered to them to do it ongoing. Barbin said, but Kelly won’t
be here next year. Baker answered, once the program’s established
is what we’re doing. A vote was then taken. Vote-3 yes.
Motion Stephens, second Baker to ask Kelly Lundgren to check with the Nanty Glo VFW, Nanty Glo American Legion, Twin Rocks VFW and Tom Rummel, Commander and also the Laurel Highlands Conservancy and Tri-Community Historical Society and facilitate utilizing those people for consideration. The motion was opened up for public Comment. Tim Davis said, she’s already establishing a volunteer pool for the Recreation Commission. Stephens said, I don’t especially want to leave these people out because they got out and specified and made known that they are interested in participating so we don’t want to ignore them if they’re willing. Dick McDowell said, I can’t commit for the Historical Society. Baker said, the invitation can always be extended. Stephens said, I talked to the VFW. . .Thomas Kasecky and he told me that him and some other men went over to the Brown Cemetery to put flags on some of the graves and they couldn’t find all the graves and as I recall, the gravestone itself is not marked. It stayed simplistic for Civil War Veterans. . it’s there but it’s not marked. I believe they put flags on 3 Civil War Veterans over there. . and the Lambaugh Cemetery. . .all four received flags up there. Michael Rager wasn’t able to be found. . nobody’s been able to find his tombstone. Since then, somebody has told me that there’s also a Revolutionary War Veteran buried in the Brown Cemetery. A vote was then taken. Vote-3 yes. Baker commented, just a statement that the Ditchcreek family and the Dickert family should be thanked for all their years of maintenance on those cemeteries and allowing everybody to come and visit them. Stephens added, we should send them a letter to that effect. . I’d be glad to sign that.
Announcements:
Chairman Bracken
made an announcement that the next Board of
Supervisors meetings will be held on Thursday, October 12, 2006 at 8:00 am and
Thursday, October 26, 2006 at 7:00 pm at the Jackson Township Municipal
Building. He also announced that a Community Crime Watch Meeting will be held at
the Jackson Township Senior Center on Thursday, October 19, 2006 at 7:00 pm.
Featured speakers will include Chief Bob Fatula, Chief Craig Foust of Johnstown
and Johnstown Neighborhood Crime Watch Leaders. McGruff the Crime Dog will also
be making a special appearance
Adjournment:
Motion Stephens, second Baker to adjourn the meeting at 8:18 p.m. Vote-3
yes.
Respectfully submitted,
David M. Hirko, Secretary