RUSSELL CITY – While the Highland Township supervisors may have repealed the Community Bill of Rights ordinance at their meeting last week, the Home Rule government study commission met at the Hi – La Sportsmen’s Club in Russell City to hear a preliminary draft of the possible township Charter, which among other things, will reinstate the controversial ordinance and add several other details not included in the original ordinance.

The commissioners were joined by Chad Nicholson of the Community Environmental Legal Defense Fund (CELDF), who presented the draft of the Charter. Nicholson was joined on the phone by CELDF executive director and co-founder Thomas Linzey, Esq., and attorney Natalie Long.

However, prior to Nicholson’s presentation, the commissioners heard from township supervisor Jim Wolfe for the first time since the supervisors voted in favor of repealing the Community Bill of Rights ordinance last week by a 2 – 0 vote. Supervisor Glen Hulings also voted in favor of rescindment. Supervisor chairman Mike Detsch abstained due to personal conflict.

Wolfe reiterated the supervisors are not “taking rights away” from the citizens of Highland Township but rather their job is to “look out for their benefit.” He insisted by repealing the ordinance, the supervisors are “not pushing anything down your throat.”

“We’re not out to kill you people,” Wolfe said. “We want to work with you.”

Laurie Hulings of James City told Wolfe she was annoyed with the way the supervisors went about rescinding the ordinance. She stated if the supervisors called a meeting to discuss options with the Highland Township residents, instead of advertising the rescindment without discussion with their constituents, it may have sat better with her.

Wolfe said the supervisors came to their conclusion with direction of their solicitor, Tim Bevevino of Swanson, Bevevino and Gilford of Warren. Amy Guras of James City pointed out the solicitor does not live in the township and does not have to live with the consequences of the supervisors’ actions. Marsha Buhl of James City noted the decision was already made prior to going into last week’s meeting, and noted Bevevino had no knowledge of what was being injected into the ground by the township water source.

In his presentation, Nicholson reported the commissioners stated there were several items the government study commissioners thought the Pennsylvania Second Class Township Code lacked which pertains to Highland Township. He said the Community Bill of Rights ordinance, a limitation on taxation and the method how the supervisors fill vacancies were among the items which were addressed in the draft of the possible Charter.

The Bill of Rights in the initial draft of the Charter is almost identical to the ordinance repealed last week, Nicholson said, but with a few changes not covered in the original. Article I of the rough draft of the Charter includes the right to self government, and the right to clean air, water and soil, like the original Bill of Rights ordinance.

Linzey said there is also a specific prohibition in the draft which would disallow the depositing of waste material from oil and gas operations in the township, but the provision could be broadened to eliminate other harmful activity to the township. However, the general consensus of the commissioners was to leave it specific to oil and gas operations. Commissioner Misty Edinger believes a broader prohibition could discourage potential businesses from setting up shop in the township.

Nicholson pointed out the Bill of Rights in the draft also includes provisions to limit taxation. He said the draft calls for limits on raising taxes to the state index, not unlike limits on school districts. Linzey said the provision in the Bill of Rights would eliminate arguments the Charter could be used to levy higher taxes in the township.

The draft also was written to repeal any ordinance which conflicts with any provision made in the Charter, such as last week’s ordinance repealing the Community Bill of Rights. Long noted the consent decree signed by Seneca Resources of Houston and the Highland Township supervisors was not a ruling. Linzey said both the supervisors and Seneca are spinning the decree to “make it something that it isn’t.”

Vacancies would be filled in different manners, too. The draft would call for the remaining supervisors to select a new supervisor, but if they cannot come to a consensus, the question would go back to the voters during the next primary or general election, thus eliminating the vacancy board, Linzey said. The commissioners also discussed the first person considered to fill a vacancy should come from the pool of candidates from the previous election. Misty Edinger said the issue of how to fill vacancies was “just as important as the injection well.”

In order to get the draft on the ballot in November, the commissioners must submit the draft to the Elk County Board of Elections by Aug. 30. The commission will hold four meetings prior to the deadline; Aug. 25 – 26, 28 – 29. All the meetings will be held in the Highland Township municipal building in James City at 7 p.m.