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. Weíre 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 Iím 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 donít know if a pipeís 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, theyíre existing driveways there. I wanted to be on public record that those driveways are there and they are used. I donít 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 Iím not going to be forced to put pipes under the driveways. The Township has to accept responsibility once youíve taken the road over, right? Bracken replied, the Township donít pay for the pipe when the right-of-wayís 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. Youíre going on to a private right-of-way now. I donít want to say itís ok in case thereís a problem later. Youíll 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, thatís what Iím here to represent. Barbin said, the Township canít promise they wonít ever dig a ditch. Dugan replied, I donít want to incur the cost to put pipe in because Iíve already been down that road once already. Barbin answered, the Township will not pay for a personís pipe for their driveway. The way heís asking this, you canít give him an open ended answer that thereís no problem. Probably it wonít come to be. . probably it wonít happen. . .as it stands now, no. . .he doesnít have to, but it could come to be and if it did come to be, heíd 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 everythingís 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, itís acceptable. Hildebrand added, and the other thing. . . thereís trees growing along it and stuff like that. Barbin said, thereís no cost with the road but if one of the neighbors make a claim, then weíll 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 thatís 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 wasnít in and you had to have a base. Barbin replied, no. . itís 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 youíre going to say. Youíre 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 didnít 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 weíd 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 didnít 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 propertyís damaged by taking over the road and weíre going to force those costs to be split among the people. Mehora said, so youíre going to send out another petition? Barbin said, theyíll be another petition and another letter like we did for Pinelock.

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:







$   106,411.07

$ 147,936.24

$     162,028.47

$     92,318.84


$ 1,595,599.63

$   64,281.81

$       62,612.39

$ 1,597,269.05


$   138,289.93

$       587.23

$     105,649.99

$     33,227.17


$     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.

Manager Hirko
said, We received a letter from the Home Nursing Agency and theyíre asking for a donation. We contributed the last several years. Theyíre 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:

New Business:
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 donít feel itís right to get out and enforce that when they have a good well. . . to take water when they donít need it at an additional cost. Chairman Bracken replied, it donít read that way. There is no cost until the property is sold. Stephens said, exactly. . it donít matter who the property owner is. . . itís another burden on the taxpayers. Providing everybody donít really need it, that should be a discretion for the property owner themselves irregardless whether youíre 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. Itís an added cost over and above what the Township Auditors would charge. Iím 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. . . Iíll be glad to get out and go over this with anybody thatís so inclined after the meeting or during the meeting if youíd like. . . . if there are any questions. What we have is a situation down in Vinco and there is a problem there. . thereís no question about it. . . itís a stormwater management drainage problem. Itís been there for some time and something does need done with it. Whoís 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 thereís 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 donít think so. Number two. . .weíre all easements processed according to law? I donít 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, shouldnít 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 Townshipís expense to the taxpayer? In my opinion, no. Bracken asked, I have a question. . whoís 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 Townshipís responsible for stormwater management in Jackson Township. Stephens said, weíve been designated with one mandate and itís questionable whether thatís legal when they made that designation. Solicitor Barbin said, I think youíre discussing policy. . . I donít think either of you are actually wrong. Youíre both right I believe in this particular case. It comes down to a question of when you think of good use of resources, thereís a substantial problem and weíre spending this money to perform a valuable benefit to society. Supervisor Baker said, it does drain way up from Woodland & Poplar. Thereís hundreds of acres that this drains. If you start tracing it back to whoís the blame, it certainly might not be those property owners either, but theyíre receiving the water thatís coming down from above. It is beneficial to the community because if we get that fixed up, itís 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 itís not the peopleís problem. . itís draining from so far up. . hundreds of acres. I think itís 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 donít see anything wrong with them. Iíve not heard the objections. . Iím not going to say somethingís wrong and I donít know what it is. I didnít 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. Thereís no law that says a deed or easement canít sit for awhile and be recorded later. Stephens said, the thing Iím taking issue with and I donít 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, theyíre 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. . . thatís 2004. Iím assuming obtaining the easements was authorized somewhere around the time the easements were first drafted up but I canít 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 Iím 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. . . Iím assuming the Supervisors authorized the easements to be drawn up by the Engineer, and if thatís 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 wasnít 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 donít 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 thereís 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 Piperís 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. . itís 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, itís 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, whoís going to pay for it. .thatís 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:
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. Iím 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 canít see above the tombstones because of high grass, weeds and briars. The grass is being mowed but thereís 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. Iím seeking assistance to help clean up that Cemetery. Supervisor Stephens said, itís 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, thereís 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 couldnít 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 couldnít 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 donít 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 arenít 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 donít 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 itís a fact that itís been neglected. . you have to give a 30 day notice warning letter to the owner telling the owner to clean it up. . .if they donít clean it up then you can clean it up yourself and assess the property owner. Itís 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 wouldnít have fought that damn war. . World War I & World War II. . you wouldnít 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 weíre 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 hasnít done that yet. For the record, Iíll 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, donít make the mistake though. . .weíre talking about private property here and thatís why I tread lightly in forcing somebody. Kist continued, like I said about the ballfields. . . Iím 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 thatís come forward like the Conservancy has said that they look for projects like this. I donít know the exact details but also the Historical Society is a possibility. Thereís money available for those two entities to fund projects like this. Barbin said, while we canít 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 thereís 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 weíre talking about some of these projects for the ballfield for Kelly. . .thatís sheís 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, itís 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, nobodyís 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 isnít going to go away from year to year. You may get it cleaned up now. . you may get it cleaned up later. Itís something that could be addressed in the Comprehensive Plan. Iím going to propose something to you. . you have a larger cemetery behind you. What happens if they go belly up and they canít 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 Iím saying is you got to be careful we donít set a precedent because thereís 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 weíre setting a dangerous precedent. Baker asked, how many have been to these cemeteries? Davis said, you can solve the problem short term, but itís going to come back and back and back. Barbin said, what youíre proposing right now is using the Americorps representative to make contact with these school groups to see if theyíll 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, theyíve said that they welcome help. Kist asked, in that same situation, isnít there a place up on Chickaree where there was a huge massacre by Indians years ago? Is that marked? Iíve 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. Itís supposed to be historic. . . I donít 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, Iíll be around. . just holler. Baker replied, Iíll 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 theyíll consider whether they consider it important or not. Stephens said, itís my understanding that we need a motion to get out and have Kelly contact these groups. . .is that where youíre at Bruce? Baker said, thatís 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 wonít be here next year. Baker answered, once the programís established is what weíre 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, sheís already establishing a volunteer pool for the Recreation Commission. Stephens said, I donít especially want to leave these people out because they got out and specified and made known that they are interested in participating so we donít want to ignore them if theyíre willing. Dick McDowell said, I canít 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 couldnít find all the graves and as I recall, the gravestone itself is not marked. It stayed simplistic for Civil War Veterans. . itís there but itís 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 wasnít able to be found. . nobodyís been able to find his tombstone. Since then, somebody has told me that thereís 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. . Iíd be glad to sign that.

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

Motion Stephens, second Baker to adjourn the meeting at 8:18 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary