JAMES CITY — When Highland Township, Elk County, voters go to the polls to vote in the primary election on April 26, the question of whether or not a government study commission is desired to explore the possibility of drafting a Home Rule Charter for the township will be on the ballot.
The referendum has certainly electrified supporters of the charter, promising greater freedom and more democracy on the local level.
According to the handbook “Home Rule in Pennsylvania,” published by the Governor’s Center for Local Government Services,” a Home Rule Charter offers a municipality increased autonomy. A Home Rule Charter, written by an elected government study commission within a municipality, allows a city, borough or township to tailor governmental structure and powers to suit its needs, according to the handbook
Highland Township first considered the Home Rule Charter as a means to ensure the wastewater injection well which Seneca Resources of Houston is planning on placing within approximately one half-mile from the township water source does not go in.
However, not everyone is convinced a Home Rule Charter is the correct direction for the township.
Jody Farnsworth of James City does not want to see an injection well come into town. However, she claims the meetings of those who support Home Rule were initially made behind closed doors. Farnsworth did not think enough due diligence was done with negotiating with Seneca prior to the petitions to form the commission to explore Home Rule were circulated.
“Nobody wants the injection well,” Farnsworth said, “but you have to look into things and work with people.”
Bob Reigel of James City said he is not necessarily against the possibility of adopting a Home Rule Charter, but he does not want to see it done for the wrong reasons. Reigel, like Farnsworth, said “doors were locked” to the public when the meetings were initially held, noting Community Environmental Legal Defense Fund (CELDF) community organizer Chad Nicholson said during Wednesday’s township supervisors meeting that the Home Rule meetings need to be open to the public.
Reigel also said having Home Rule will not help in the federal case brought against the township by Seneca.
Seneca Resources has stated they are not afraid to battle Home Rule municipalities in court. In February, the City of St. Marys, a Home Rule municipality, adopted a new ordinance which increased the setback measurement from occupied structures for oil and gas producers, and switched to requiring drillers to obtain special exemption permits, which go before the zoning hearing board instead of city council.
In a statement after the St. Marys City Council meeting in February, Rob Boulware of Seneca said the company “will aggressively defend our property interests within this community where we have developed and operated oil and gas wells for more than 100 years.”
Glen Hulings of James City said the laws governing the creation of a Home Rule Charter cannot be used to circumvent either the federal or state constitutions, which he believes could happen if Highland adopts Home Rule.
Reigel believes Home Rule will cost the township a lot of money, despite claims to the contrary. He said Home Rule in Highland Township could prolong the court case, which would mean the amount of money in damages the township could be required to pay would escalate daily if the township loses the case.
Hulings agrees with Reigel, noting if the township is found liable for damages to Seneca, there is already “two years” of damages the township will have to pay, and he does not want to see money hemorrhaging from the township.
“What happens if it drags out another two years?” Hulings asked.
