December 28, 2006

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, 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 Comments Concerning Agenda Items:

Baker, second Stephens to approve the minutes of the Board of Supervisors November 30, 2006 and December 14, 2006 Meetings. Vote-3 yes.

Township Financial Report:







$      59,502.31

$ 47,801.39

$       73,863.00

$     33,440.70


$  1,604,268.15

$ 61,659.75

$       19,406.04

$ 1,646,521.86


$      33,658.87

$     138.26

$         4,751.67

$     29,045.46


$      26,674.87

$  2,487.91

$         4,190.21

$     24,972.57

Motion Stephens, second Baker to approve the bills for the period of December 1, 2006 through December 28, 2006. Vote-3 yes.

General Fund

Highway Aid Fund

Senior Center Fund

$     73,863.00

$        4,751.67

$      4,190.21

Township Police Report:
The November, 2006 Police Report submitted by Police Chief Bob Fatula was presented. The figures for November were as follows: 911 Calls dispatched to Police: 251. Reportable Incidents: 27 broken down as follows: Theft-7, Harassment-6, Disorderly Conduct-5, Criminal Mischief-4, DUI (Driving While Under the Influence)-3, Assault-1 and Burglary-1. Non-Traffic Citations Issued: 8, Traffic Citations Issued: 12, Accidents Handled: 4, Criminal Charges Filed: 15 broken down as follows: Harassment-6, Disorderly Conduct-5, DUI (Driving While Under the Influence)-3 and Theft-1.


Old Business:

New Business:
Stephens, second Baker to adopt Ordinance # 147 which amends Ordinance # 126 to establish interest and penalties for unpaid Real Estate Transfer Taxes and authorizes the Commonwealth of Pennsylvania Department of Revenue to determine, collect and enforce the same. Vote-3 yes.

Motion Stephens, second Baker to approve three year Labor Agreement between the Laborerís District Council of Western Pennsylvania - Local 910 and Jackson Township. Vote-3 yes.

Motion Stephens, second Baker to request PennDOT to do a study for a blind pedestrian crossing on Route 271 in the 3200 block area of William Penn Avenue. Vote-3 yes.

Motion Baker, second Stephens on transferring $ 19,406.04 from the Capital Reserve Fund to the General Fund - $5,373.00 to Naugle Insurance for December installment, $4,840.74 to Smorto, Persio, Webb & McGill for Zoning Hearing Board legal expenses, $2,725.89 to Luther P. Miller for fuel & heating oil, $2,550.00 to Richard Sutter & Associates for planning & consulting services, $2,068.00 to Scottsdale Insurance Company for deductible for Kist lawsuit, $998.41 to Waltz Electric for electrical work done at Sr. Center and $850.00 to Jack Houston Construction for repair work done at Sr. Center. Vote-3 yes.

Motion Stephens, second Baker on approving the time sheets from November 19, 2006 through December 2, 2006 and December 3, 2006 through December 16, 2006. Vote-3 yes.

Other New Business:

Public Comments:
Clair Michaels
commented, What would our taxes be if we didnít have this Capital Reserve Fund to fall back on to get money out of every year? How much more taxes would we be paying if we didnít have this. . if for some reason the garbage dump would quit? Would our taxes go up a tremendous amount? . . .because it seems like weíre spending a lot of money and weíre pulling a lot out of the Capital Reserve and just thinking that all the other counties and towns and a lot of places are raising their taxes to make ends meet. . I grant you we donít have to right now but when this goes are we going to end up being tax poor because we canít meet our bills because weíre going to tax the life out of the people? Chairman Bracken replied, if so it would have to be decided at that time. Michaels said, we should start to look ahead and another thing. . shouldnít we be putting money away in some kind of CDís or something so we could be making more interest on our money than be sitting in the bank? Bracken said, that money, you canít put in CDís. Michaels said, I think you can. You can put it into something. . thereís something out there. . you can buy and put it in bonds. . Iím just saying, thereís something we can put the money in. . we should be having at least half of this money. . we should have at least half of what we got from the garbage dump already invested into something. Manager Hirko said, I would say this though. . .you are very limited from the Second Class Township Code as to what you can invest this money in. They dictate. . .there may be some CDís, maybe, but you just canít go to any bank or investor and say you want to put it in a high interest CD. Michaels said, I know that but thereís still something there you can invest it in. Supervisor Baker said, right now, interest wise, PLGIT is very close to what your CDís are. Hirko said, PLGIT is very competitive right now to the CDís. Michaels said, the bad thing about it is we can grab it out too easy and this is what weíre doing. We ought to cover and make ourselves live on a good budget so that twenty years after that dump closes, weíd still have money coming out. Hirko replied, I would say that this year, itís gone up about $300,000 from the beginning of the year. Steve Yurasek said, I grant you that but thatís because Davidsville canít take the garbage. I was just at the landfill. Hirko said, that may be true but itís consistent with the last couple of years too. . . the revenue. Michaels continued, but that dumpís going to close one of these days and weíre gonna really be hurtin for money and itís gonna cost the tax payers a lot of money and we should be doing something. . we shouldnít be spending as much as we are. We should be trying to figure out how we can put it away and make some extra on it. Supervisor Stephens said, let me get out and give you a little insight. . maybe I can help a little bit in that department. I asked Dave about this. . how much money. . revenue we got in from the Landfill that was subsidizing our budget and as I recall. . this was some time ago. . .that we weíre using 6 to 8 months and approximately $40,000 to $50,000 a month was what we were getting at that time. . so if you break that down, youíre talking roughly 3 to 4 hundred thousand dollars a year that was actually being subsidized by the Landfill money to balance our budget so that will give you that insight and if itís 6 months, itís $300,000. . that leaves us about $300,000. . what Dave just said is that we increased the budget over last year in the Capital Reserve . . so that would give you ball park figures to go on. That could be figured out real close if need be. . I thought that was an important thing at one time and thatís the reason I asked about it. Michaels said, so we have to come up with another $300,000 out of our pockets then. Hirko said, or you would just have projects not be done. Solicitor Barbin asked, How much of that $300,000 is capital projects that you donít have to do?. . like the Veterans Memorial. . if you didnít have the Landfill, you wouldnít build the Veterans Memorial. . you wouldnít do improvements at the ball fields. Michaels said, now that you got it, youíre going to want to maintain it. Once the dumpís closed, youíre going to start taxing the people. Hirko said, but maintaining the Memorialís a lot cheaper than building it. All you have to is add some names on it. . thatís about it. Michaels continued, youíre still going to have to maintain it. . itís costly. . . and one other thing. .what are we doing about those fire hydrants that Salt Lick took off of us? Are you Supervisors trying to get your money back. . .our money back for that rather than let them have it? Barbin said, we paid to have fire hydrants installed. Michaels added, and they took them. Barbin asked, what do you mean they took them? Arenít they still there? Michaels said, yes, theyíre there but the Township does not control the water and that is all controlled by Cambria Township or Ebensburg or whoever runs that. Barbin said, Ebensburg is the water company but if you turn on the hydrants, do they work? Michaels said, yes but why should they be collecting the $2 every month or $1 a month and we should be getting the money or they should pay us for that $34,000 for them fire hydrants. Barbin said, we paid them to install fire hydrants. . they did what we asked them to do. Michaels said, yes but they took the fire hydrants. Barbin said, if theyíre imposing a charge thatís unfair, itís up to the customers to go and complain to the Court and ask them. Michaels said, no. . itís up to the Supervisors because that section of water line was supposed to be Jackson Township Water and then they took it, so now. . .and they also took the fire hydrants and theyíre charging for the fire hydrants the $1 a month or $2 . .whatever. Barbin said, and if those people have a complaint, they should make that complaint to person charging them. Michaels said, I think the Supervisors should have . . . they should have to give that money back to the Township people.

Eugene Kist said, I go along with Clair. . . who is going to accept the responsibility when they go down? Youíre also dumping fly ash in the Township. Thereís problems. . .whoís going to pick these bills up? Itís inevitable. . itís coming. . you might not think so, but itís coming. Whoís going to pick it up?. . .the tax payers arenít going to be able to afford. . is there any provisions made by you gentlemen to take care of this in the future? Youíre the head honchos. You have a Solicitor there. . you should be able to answer. Whoís going to be holding the bag? Solicitor Barbin said, the Township has no authority to regulate the Landfill. . I can say that. Kist said, I know youíre not a regulator Mr. Barbin. Iím speaking to Mr. Barbin and Iím not out of order because I can raise my voice. .itís freedom in this country. . I fought for it. . maybe some people didnít and Iíll tell you one thing. . .when itís liable, whoís going to pick these bills up? It comes back to the Township where it is. Barbin said, I donít know what your basis for contention is. Kist said, it comes back to the Township and the tax payers. . weíve been collecting the revenue all these years. If it comes back on us, you live with it and ĎI hope you do because I can get out of this Township in one day if I want to and I pity the poor people here.

Chairman Bracken
made several announcements. The first announcement was, the Board of Supervisors Annual Reorganization Meeting will be held on Tuesday, January 2, 2007 at 7:00 pm at the Jackson Township Municipal Building. The second announcement was, the Board of Supervisors next scheduled meetings will be held on Thursday, January 11, 2007 at 8:00 am and Thursday, January 25, 2007 at 7:00 pm at the Jackson Township Municipal Building.

Motion Stephens, second Baker to adjourn the meeting at 7:15 p.m. Vote-3 yes.

Respectfully submitted,
David M. Hirko, Secretary