November 17, 2005

The Jackson Township Supervisors held their regular meeting at 7:00 p.m. at the Jackson Township Municipal Building. Members present were Supervisors Dave Bracken, Bob Stephens and Bruce Baker along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by Dave Bracken, Chairman . The Pledge of Allegiance to the flag was recited earlier at a 6:45 pm Public Hearing for a proposed Amendment to the Zoning Ordinance.

Board Roll Call was taken with all three Supervisors present.

Public Comments Concerning Agenda Items:
Will Michaels
asked, where is it reflecting there. . . what money come in from the landfill? Manager Hirko replied, we did not receive a check yet. Our meeting is moved a week earlier and usually it might come in this week or it comes in by the time we have our meeting at the end of the month, so next mouth should show a double payment.

Baker, second Stephens to approve the minutes of October 27, 2005 Board of Supervisors meetings. Vote-3 yes.

Township Financial Report:







$      19,746.47

$ 53,635.43

$       59,648.51

$     13,733.39


$ 1,375,093.09

$     462.70

$       28,217.95

$ 1,347,337.84


$       2,876.16

$        8.42

$                .00

$       2,884.58


$     27,637.86

$   2,466.31

$        3,655.69

$     26,448.48

Manager Hirko noted, as previously discussed under public comment that there was no landfill check yet this month. There is also a correction on the Senior Center Fund. . .it should be 26,448.48 not 26,438.48 as listed on the agenda.

Stephens, second Baker to approve the bills for the period of October 28, 2005 through November 17, 2005. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$      59,648.51

$           .00

$      3,655.69

Township Police Report:
The October, 2005 Police Report submitted by Police Chief Bob Fatula was presented. The figures for October were as follows: 911 Calls dispatched to Police were 405. Reportable Incidents were 33 broken down as follows: DUI (Driving While Under the Influence)-7, Harassment-6, Assault-5, Burglary-2, Criminal Mischief-2, Disorderly Conduct-2, Theft of Services-2, Threats-2, Dog Law-1, Indecent Exposure-1, Public Drunkenness-1, Theft-1 and Vehicle Theft-1. Non-Traffic Citations Issued-5. Traffic Citations Issued-34. Accidents Handled-7. Criminal Charges Filed were 25 broken down as follows: DUI (Driving While Under the Influence)-7, Harassment-5, Assault-3, Criminal Mischief-2, Disorderly Conduct-2, Theft of Services-2, Threats-2, Dog Law-1 and Public Drunkenness-1.

Manager Hirko
said, we received an email after the Veterans Day Ceremony and it was addressed, to the Jackson Township people. I had to write and tell you thank you. Iím a former resident of the Township and I had the pleasure of returning to the Veterans Memorial Dedication this weekend. I drove from my present home in York, Pennsylvania that morning with my oldest daughter to be part of that fantastic display to honor our hometown veterans. You as a governing body, volunteers and surrounding community deserve to be proud. The monument is beautiful, the service did us veterans justice and the park will be remembered by generations to come. I was very proud to see my fathers name as well as my two brothers on that granite wall. For me to be in such great company with the veterans before me as well as after me will be a memory I can retain with pride. Again I thank you for the monument as well as the opportunity to share that with my daughter who is now coming to the realization that men and women serve for duty, honor and country. Thank you. Wade R. Plouse.

Old Business:

New Business:
Jessica Sheets
, Grant Coordinator of Innovative Consulting gave the Supervisors some maps and information on the project. She said, this project consists of the new 204,000 gallon water tank and water line replacement through this area and you can see through the service areas where Jackson is impacted . . .there are 6 residences. I also provided you guys with the Community Development Needs section that I had to write in regards to this Federal grant. . . basically background information and this is more a narrative of the impact of the project. Right now the project is about 1.1 million total. Weíve got 3 State grants in place, 1 Federal and putting in another one on the Federal side. We want to apply to the County for a small share out of the CDBG because of the income survey that qualifies the area. The Water Authority has already put in $42,000. It could be a little bit more. Since this project impacts four townships, Croyle, Cambria, East Taylor & Jackson, as part of the competitive Block Grant, we need to have a mandatory tap within the project area. It doesnít impact new customers. It only impacts existing customers that are on the line. Theyíre not extending it anywhere. We are replacing existing line through the main service area coming off the water tank. We have a lot of water pressure problems, no fire protection in areas. . . weíre going from six inch line to eight inch line through the entire service area on the blue part of the map. We got letters of support coming in from Murtha, Senators, Commissioners and businesses. Chairman Bracken asked, you said thereís no extension of the lines anywhere? Sheets replied, exactly. Bracken said, but if someone wanted to build a house in between there, they could be on that line? Sheets said, thatís correct as long as theyíre in the area. . .whatever the Ordinance is set up for on the footage from the line. A gentleman who came with Ms. Sheets commented, that new line thatís going in. . it also would help Swigle Mountain Road where thereís one family that lost water out there now. With this new tank approved and water lines that are going to come in, it would be easier to furnish them water . . . .which we did make a commitment with Jackson Township Water Authority that we would give them water. That was before the mines even went in, but now the mines already took one home out there, so weíre not going to put that line in but we would also give them a tap off of that new line that weíre going to replace. Solicitor Barbin asked, at what distance from the road would a mandatory tap-in be? . . .What distance from the line? In the old days, the old law said 150 feet. The new law and the new types of code took out any numbers. Sheets said it stated 150 feet. Barbin said, when it doesnít give a number, Iíve seen people take it up. Supervisor Stephens asked, what will the projected rate be. Sheets said, right now, a 20% increase from Highland is going to pass through to the Authority which will increase the rates $4.00 a month. Based on the debt service of this project, weíre looking at another $6.00 increase unless I can reduce the back-end of the project. Stephens asked, what the top end would be. Sheets replied, it will be $33.00 a month. One thing I forgot is the back end of this project is going to be putting it out for Pennvest. Basically depending on whatever I come up with grants, itís $400,000 right now but if I can reduce it . Barbin said, so what you would be agreeing to do is enter into a mandatory tap ordinance in the future covering these home on this section . . .these six homes and the area encompassed by them. . .somebody past there would not be covered by the mandatory tap ordinance but if somebody in-between built a house, they would be covered for a tap. Sheets said one thing you werenít aware of. . .we got a meeting with the Township. . .the Township is actually the applicant so then we put in to repave Miers Road from the Township line for about 6 tenths of a mile. Bracken asked, is that in with the loan? Sheets said, no. . .I put that in because it eligible and fundable under one of the grants. Barbin said, yeah, Pennvest wonít pay for that. Sheets said I put it under one of the grants because even though the waters not on the right-of-way, this is a benefit to both sides.

Motion Baker, second Stephens to approve Certification for Mandatory Tap-Ins to qualify for grand funding for Croyle Township Water Line Project affecting several residents in Jackson Township. Vote-3 yes. Solicitor Barbin said we will write our own limited Ordinance giving them just what they need for the grant and not a speck more, so that if there is to be an expansion, it comes back to you guys. Iím not even suggesting you should turn them down but it comes back. . you can hear what it is and have a choice.

Motion Stephens, second Baker to approve subdivision of Brent Schmidt. Vote-3 yes.

Motion Stephens, second Baker to adopt Ordinance # 137 which amends Jackson Township Zoning Ordinance # 118 to include changes recommended by the Jackson Township Planning Commission. Vote-3 yes.

Motion Baker, second Bracken to hire Attorney Calvin J. Webb at the rate of $125.00 per hour to write a Windmill Ordinance for Jackson Township. Supervisor Stephens said, I donít know what is considered normal procedure hear but we do have a Solicitor and Webbís already written a windmill ordinance for Portage. . it was advertised in the paper, so that ordinance is already a matter of record and seeing that Mr. Barbin works for less money than Mr. Webb. . . I think Mr. Barbinís quite capable and if he needs some help from Mr. Webb, so be it. Solicitor Barbin said it will be different than Portage. . Portage doesnít have zoning and this Ordinance has to go into the zoning. Right now the Zoning Ordinance says you can put up a windmill on a tract of 3,000 acres and it doesnít make a lot of sense. The 3,000 acres make sense when you talk about Connectiv or a big power plant. Itís a little different situation with the windmills so we have something that doesnít work for windmills. Portageís is built as a nuisance ordinance. This will be different than whatís written in Portage. The experience he has that is different than me is that he has sat down and spent substantial time negotiating with these windmill companies because we like to come up with something that we donít go to court over. You donít want to go to court over zoning if you donít have to. How far do you go with pushing protections for people who live right there where theyíre going to be? Stephens said, I just didnít want to cut you out of any work. Barbin said, I appreciate that. Stephens said, I wanted to save the Township money. Barbin said based on the guy who came in and showed us where they were looking at windmills, thereís some people who are going to be real close. . not me. . they would be 2,000 feet from me but some people. . there some dots real close to their homes. . like right in their back yards. Thereís going to be some difficult inter-play on how do you push to get some protection for those homes without destroying the windmill project at the same time. Heís been through that back and forth . . . in Portage they accused . . they went to the press and said he ruined the windmill project and he went through it. . he negotiated back through it . Itís delicate. . .itís not just me taking an ordinance and writing it up. Itís a real delicate process . . .the Hearings are real important in this because you got to get input from the people and the windmill developer. Itís critical enough that an experienced guy should do it. The person with the most experience should do the best job possible. Stephens said, I appreciate your comments. A vote was then taken. Vote-3 yes.

Motion Baker, second Stephens to authorize Solicitor to file injunction against Carl Laughard to remove a pre-existing home and single wide mobile home from his property as conditioned by a previously issued zoning approval. Vote-3 yes.

Motion Baker, second Stephens to sell 1994 Ford 1 ton Township Truck to the Jackson-East Taylor Sewer Authority for the price of $1.00. Vote-3 yes.

Motion Stephens, second Baker to renew Amfire Mining road bond for a six month period to continue using 1.32 miles of Pike Road East. Vote-3 yes.

Motion Stephens, second Baker to adopt proposed budget for Jackson Township for 2006 as follows: General Fund $ 1,102,240.00, State Fund $ 140,630, Fire Hydrant Fund $ 10,500.00, Rescue Fund $ 8,500.00, Capital Reserve Fund $1,661,435.00, Senior Center Fund $ 57,900.00; Total of All Funds $ 2,981,205.00. Vote-3 yes.

Motion Stephens, second Baker on transferring $ 24,778.90 from the Capital Reserve Fund to the General Fund - $5,146.82 to Tri-County Motors for repairs and parts for Township Truck, $4,475.44 to Naugle Insurance for November Installment, $4,184.87 to American Rock Salt, $3,277.77 to P. Joseph Lehman for work done on Comprehensive Plan, Stormwater Management and Easements, $2,800.00 to Wyse Memorials for name engraving on Veterans Monument, $2,044.00 to Harper & Gallo for work done at Leidy & Veterans Parks, $1,850.00 to Simplex Grinnell for Fire Suppression System at Senior Center Kitchen and $1,000.00 to the Nanty Glo Public Library for a contribution. Vote-3 yes.

Motion Baker, second Stephens on approving the time sheets from October 23, 2005 through November 5, 2005. Vote-3 yes.

Other New Business:

Public Comments:
Clair Michaels
said, I have two things I wanted to ask. . .on that there Salt Lick Water Line that went through. . .the DEP took it off of Jackson Township. . that section when we gave them $34,000 for Fire Hydrants. Are you going to file to get that $34,000 back? . . or are you just going to let Salt Lick Water Authority have that which is Ebensburg. Plus they charge those people on that $2.00 every two months for maintenance on the Fire Hydrant. If they didnít pay for them, the people shouldnít have to pay for. . either that or we should get our money back off of that Fire Hydrants. Another thing. . the Township Fire Company sent a letter around and ask for a donation for safety devices which I donated and Iím not ashamed of it. Why donít the township take out of the Capital Reserve Fund and buy ten of them for the Fire Company? It would help them out a heck of a lot and you could get them there a lot quicker than what theyíre working on. . . .trying to get donations to buy them. We could buy ten of them. . I forget how many they wanted. . but it would help.

Supervisor Stephens said, Iíd like to personally thank Bill Kist, Frank Singel, Dave Hirko, Dale Wyse, and all the members on the Recreation Commission. Joe Baxter and Al Slippy plus the preceding ones that I named get out and went way more than what we ever expected. They did a fantastic job. . the design of it. . .the whole dedication service was super, super good and I think theyíre all to be complimented and commended for what theyíve done. We thank all of them.

Chairman Bracken
announced that the Board of Supervisors next scheduled meeting will be held on December 29, 2005 at 7:00 pm at the Jackson Township Municipal Building.

Motion Baker, second Stephens to adjourn the meeting at 7:29 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary