JAMES CITY — The Highland Township Home Rule Government Study Commission will send its proposed charter to the Elk County Board of Voter Registration and Elections for inclusion on the November ballot, giving township voters a chance to decide whether or not to adopt the charter, or remain governed by the Pennsylvania Second Class Township Code.
The commission voted 7 to 0 on the measure.
Approximately 25 people showed up to voice their support for — and their concerns about — adopting the charter, which would include the elements of the Community Bill of Rights ordinance the township recently repealed at its August meeting.
After their Power Point presentation, which answered why they decided to draft a Home Rule Charter and the specific changes the commissioners discussed over the last month which would impact the way Highland Township operates, the floor was then opened up for public comment.
Sally Peterson of James City wanted each commissioner in their own words to say why each of them wanted to draft the charter in the first place.
Commissioner Bill Edinger said he wanted to not only give rights back to the people, but to see the divisions within the township between James City, Russell City and Highland Corners start to heal, a sentiment shared by vice president Lloyd Hulings.
Secretary-treasurer Misty Edinger said the driving force behind her involvement in the commission was the issue of filling supervisor vacancies when they come up. She simply could not live with the decision resting on the judge instead of the people who have to live with the decision. Commissioner Amy Beers agreed, stating the way Paul Burton’s vacancy was filled in April “bothered me.”
The Community Bill of Rights article in the charter is why commission president John Guras voted to draft the charter. Guras said the Highland Township charter will give residents more rights than the Second Class Township Code.
Commissioner Judy Orzetti was appointed in July to fill the vacancy left by Erin Vassallo after Vassallo took a job outside of the area. However, Orzetti had already been investigating Home Rule 20 years ago. She believes the charter could not only help the township but also support the supervisors.
Commissioner Matthew Vaughn credits his involvement on the government study commission to the sometimes volatile atmosphere in the township meetings. Vaughn has been told by some people they are “scared” to attend the meetings. He thinks if more people have a say in their township government, perhaps it will “end bickering.”
John Confer of Highland Corners was disappointed with the way the township supervisors — Mike Detsch, Glen Hulings, and Jim Wolfe — voted to rescind the Community Bill of Rights ordinance at the August supervisors meeting with little to no notice given of the move prior to the meeting.
Confer said he did not believe the “tirade of the man who said (Seneca Resources of Houston) would sue the township for hundreds of thousands of dollars” at the last meeting, saying he thought the bad publicity would do them no favors.
Still, Confer was not entirely sure the township could be successful in court, but he thought it was at least worth a shot.
“I don’t think we can beat National Fuel,” Confer said, “but we should at least try.”
Diane Bester said it was time for the supervisors to “take the fear out of companies looking to railroad” people in the township. Bester said the township needs to show everyone they can lead and are doing something about the issues facing Highland Township. She is “rooting for you,” but Vaughn reminded Bester of the bigger picture.
“You’re rooting for all of us,” Vaughn said, “The people of Highland Township.”
Vaughn’s mother, Jackie, also a township auditor, supports the charter because she does not want to see an injection well ruin their water. She said the wastewater will not be only local, but will truck it in from as far away as Ohio to inject “the worst of the worst” into Highland Township.
Peterson does not want the injection well any more than many of those fighting it do. However, she sees the situation as a “Catch 22,” because either the township water may get ruined without the ordinance, or the township gets sued over an illegal ordinance and the water may get ruined with it.
“Fight it the right way,” Peterson said. “Fight it legally.”
Community Environmental Legal Defense Fund (CELDF) attorney Natalie Long said no one actually adjudicated whether or not the ordnance was legal, and no decision was ever reached. Long described it to be a “misnomer” to label the ordinance illegal.
Bob Reigel of James City reminded those in attendance the same judge in Highland’s federal case with Seneca, U.S. Magistrate Judge Susan Paradise Baxter, also ruled against a similar ordinance in Grant Township, Indiana County.
Reigel also pointed out Pennsylvania General Energy of Warren filed sanctions against Grant Township after they adopted their own Home Rule Charter last year, with a similar Bill of Rights article. However, Chad Nicholson of CELDF said the sanctions were actually against CELDF and not Grant Township, and they filed a counterclaim of sanctions against PGE.
The referendum question will be on the ballot in the November general election.
