November 29, 2007

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, Bruce Baker, Guy Ellenberger along with Secretary-Treasurer / Manager Dave Hirko and Solicitor Bill Barbin. The meeting was called to order by Bruce Baker, Chairman with the Pledge of Allegiance to the flag.

Board Roll Call was taken with all three Supervisors present.

Executive Sessions:

Public Comments Concerning Agenda Items:

Ellenberger, second Bracken to approve the minutes of the Board of Supervisors Meetings held on October 25, 2007 and November 8, 2007. Vote-3 yes.

Township Financial Report:







$   131,288.06

$ 114,177.01

$      129,700.06

$    115,765.01


$ 1,785.791.28

$    60082.88

$        63,240.08

$ 1,782,634.08


$     21,288.23

$       106.48

$                 .00

$      21,394.71


$     25,547.77

$    2,487.35

$         2,225,02

$      25,810.10

Bracken, second Ellenberger to approve the bills for the period of October 26, 2007 through November 29, 2007. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$      129,700.06

$            .00

$         2,225,02

Township Police Report
The September / October, 2007 Police Report submitted by Police Chief Bob Fatula was presented. The figures for September / October were as follows: 911 Calls dispatched to Police: 421 Reportable Part I Crimes: 24 broken down as follows: Larceny-19, Burglaries-4 and Assaults-1. Reportable Part II Crimes: 40 broken down as follows: Stolen Property-17, Vandalism-8, DUI (Driving While Under the Influence)-5, Drugs-2, Disorderly Conduct-1, Embezzlement-1, Fraud 1 and all others-5. Calls Resulting in Cases: 41, Total Arrestees: 14, Total Suspects: 6, Total Victims: 33, DUI Arrests: 5, Traffic Citations: 17, Non-Traffic Citations: 6, Total Warnings: 0.


Old Business:

New Business:
Ellenberger, second Bracken to approve subdivision of Laurel Highlands Landfill. Vote-3 yes.

Motion Ellenberger, second Bracken to approve subdivision (side-lot addition) of the Commonwealth of Pennsylvania (State Game Commission). Vote-3 yes.

Motion Bracken, second Ellenberger to approve Resolution 09-07 adopting proposed budget for Jackson Township for 2008 as follows: General Fund $ 1,517,400.00, State Fund $ 148,875.00, Fire Hydrant Fund $ 11,000.00, Rescue Fund $ 8,750.00, Capital Reserve Fund $ 1,676,693.00, Senior Center Fund $ 55,900.00; Total of All Funds $ 3,418,618.00. Vote-3 yes.

Motion Ellenberger, second Bracken to approve Resolution 10-07 setting the tax structure for 2008 as follows: Real Estate Tax-3˝ Mills, Fire Hydrant Tax-˝ Mill, Rescue Service Tax-1/4 Mill, Earned Income Tax-˝ %, Real Estate Transfer Tax-˝ %, Per Capita Tax-$5.00 and Local Municipal Services Tax-$5.00. Vote-3 yes.

Motion Ellenberger, second Bracken to appoint Barnes, Saly & Company, Certified Public Accountants, to perform the audit of Township records for the calendar year, 2007. Vote-3 yes.

Chairman Baker said, we received four bids to replace the Senior Center handicapped ramp. We had a bid from BCS Construction for $35,032.00, METCO, Inc., $24,000.00, Oppy Construction, $33,135.00, Capitol Construction, $28,846.00. Supervisor Bracken said, there's one question here. . .it says our proposal does not include prevailing wage. . .that was Oppy Construction. Solicitor Barbin said, under $25,000. it doesn't have to comply. . .Oppy. . they were over it. . we couldn't accept their bid but they weren't the low bidder so it's ok. METCO is only $24,000. so they're under $25,000. . . .they don't have to follow prevailing wage and METCO's bond is fine.

Motion Bracken, second Ellenberger to award bid to METCO, Inc. for the amount of $24,000.00 for the construction of a new steel handicapped ramp at the Jackson Township Senior Center Building. Vote-3 yes.

Motion Bracken, second Ellenberger on transferring $ 63,240.08 from the Capital Reserve Fund to the General Fund - $20,009.53 to the Johnstown Industrial Development Corporation for additional paving required for Pennzoil Drive, $10,000.00 for contribution to the Tri-Area Historical Society, $7,800.00 to Richard Sutter & Associates for planning & consulting services, $5,741.66 to Naugle Insurance for December installment, $5,038.48 to Tri-County Motor Sales for repairs and parts for Township truck, $4,597.77 to Luther P. Miller for fuel and heating oil, $3,500.00 to John Bahorik for fireworks display at Heritage Festival, $2,475.00 to Smorto, Persio, Webb & McGill for Zoning Hearing Board legal expenses, $2,149.64 to P. Joseph Lehman for stormwater management and $1,928.00 to Custom Plus for replacement windows for Municipal Garage Building. Vote-3 yes.

Motion Ellenberger, second Bracken on approving the time sheets from October 21, 2007 through November 3, 2007 and November 4, 2007 through November 17, 2007. Vote-3 yes.

Other New Business:

Public Comments:
Bob Benedict
said, This 22 Project. . . I want to know how they can block a main tributary. . a stream to Laurel Run off and run it down the center of a highway. We had a spring on the north side of the highway. . .it's on Benedict property and it ran under the road. . . we watered our gardens with it, washed cars. . it was our back up water supply. They blocked off and sent it down the center of Route 22. It's a main tributary that feeds a wetland. . I have a map. Supervisor Baker said, you're asking me a question? Benedict replied, I'm not asking. . I'm telling you so you know because I'll go to Philadelphia to EPA if I have to if they don't correct it. I have the peoples name because they used to visit my salvage yard. I talked to them over at District 9. . I talked to the engineers up there. . you know the highway failed and they're going to be there till June. . .that's what the head guy over at New Enterprise tells me and according to the inspector, some of the blacktop has to be replaced but I need that drain opened because the house I have is very big. . my wife already has bad legs and I'm probably going to be building over there if I can't lease that property out back where I was. . .back a little further. . and I need that water supply. The water over there isn't that fine. Like I said, I can show you that maps. . I have it right here where it's at if you want to copy them or anything. . I don't know. Solicitor Barbin asked, Did they condemn that land from you and widen it where the spring actually came out of the ground? Benedict said, no the spring is still there. . they widened the road and blocked the spring off half way across Route 22 and sent it down the road instead of going to the other side of the road. The spring is still there and we lived on the south side of 22 where their offices are. . it was in between the two houses. . it's right on the property line. Barbin said, so your complaint and your problem is you want to have water on the south side and you don't have any access to the water because they diverted the stream from the spring. Benedict said, they blocked it off and it also feeds a wetland. You know that's not right. Barbin said, now DEP Water Management would be the first ones you want to talk to but you might have a condemnation issue there. They may have taken your water supply. . .taking a water supply is the same as taking property. . you may have a condemnation issue. You would figure out what it would cost me to replace the water. . that's your last resort. You have five years to bring that action from the time they do it. There's a statute of five years on that but there might be something saying that if you didn't get satisfaction from DEP and get it corrected, you might have condemnation. Benedict said, I haven't gone to them yet. . I'm talking to District 9 . . the fellows that are up there. .the so called engineer. I wanted everybody to know. . that's all. Barbin said, this isn't the spring that people stopped on the side of the road? Benedict replied, no. . this is between the stone house and where my yellow house was. It's where they knocked the stone garage down recently and between there and the office where PennDOT's Project Field Office was. . the one you guys went to up there during the ground-breaking. . right above that. Like I said, I got maps and everything here. Barbin said, your strategy sounds good and if all else fails you could ask for a Board review to come out and assess damages.

Chairman Baker
announced, The Board of Supervisors next scheduled meetings will be held on Thursday, December 13, 2007 at 8:00 am and Thursday, December 27, 2007 at 7:00 pm at the Jackson Township Municipal Building. There's not an awful lot of people here but all the people who participated and make the Light Up Night another success. . thank you. Mr. Slippy. . thank you. . your tireless efforts to make that a success are well appreciated. Also Tim & Terri. . everybody who participated and helped out there. . thank you everybody. Thanks to all the participants for the decorating of the trees. Without all the trees being decorated, we wouldn't have had what we did.

Bracken, second Ellenberger to adjourn the meeting at 7:18 pm. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary