February 8, 2006
by Rebecca Koleno
Assistant Editor
Reproduced with permission.

Circulation Manager:
Cindy Aughenbaugh
Phone: 814-765-5581
Fax: 814-765-5165

CLARENCE -- After more than an hour and a half of discussion, the Snow Shoe Township Supervisors, in a 2-1 vote, decided to sign an agreement supporting the proposed interchange off of Interstate 80 for the landfill project planned in Rush Township.

The cooperation agreement between the township and Resource Recovery discusses the access to the property, township cooperation, payment of impact host fees, term of agreement and dispute resolution. The supervisors all said they were trying to protect the residents of the township by keeping the truck traffic off of local roads. Since they have no say concerning state roads, they said this agreement would help with local traffic concerns.

Rodney Preslovich, chairman, said the township did what it could to keep the landfill out of the township by not changing zoning to accommodate the proposal, but he said now the supervisors were trying to protect the community. In the end, however, Mr. Preslovich voted against the agreement with John Yecina and Francis Bosak voting for it.

Louis Glantz, solicitor for the township, said Resource Recovery is already challenging ordinances set forth to protect the area. He said with the agreement in place it helps the township because if the two entities go to court, there are no guarantees on how the court will rule. Also, he said the state position can change with politics.

There were nearly 100 people in attendance last night including all three Centre County Commissioners; Bob Jacobs, from the Centre County Planning Office; Tim Boyde, county administrator; residents from the township, Snow Shoe Borough, Cooper Township, Boggs Township, Centre County; Rush Township and Perry County. JoAnn Gillette, from People Protecting Communities, asked the supervisors to postpone signing the agreement until the PPC attorney could look at it. She said the township "has never been down this road before" and said PPC wanted two consultants looking at the agreement who were more versed on the issue.

The agreement states the only public road providing access in Snow Shoe Township to the proposed site is Gorton Road. Resource Recovery will use that road to handle I-80 interchange and initial phase landfill construction contemporaneous with the construction of I-80 interchange only. Resource will also provide the township with a security bond in an amount of 110 percent of the estimated cost to the roadway improvements.

The township also agrees to support Resource in securing permits and approvals for the construction of the interchange, and the company will reimburse the township all attorney fees incurred while fulfilling that obligation. The agreement reads while the agreement shall not constitute nor shall it require support of the landfill by the township... the township will not oppose permitting of the landfill.

Resource Recovery will pay the township an impact fee of $500 a month beginning the first day of signing the agreement and will pay a 0.8833 percent of the gross tipping fees for all waste deposited in the landfill. Residential trash disposal will be provided by Resource Recovery. In the event the I-80 interchange is not constructed and opened, the agreement does not constitute approval by the township to use Gorton Road or any other existing roads in the township.

Mr. Glantz said all disputes concerning the agreement will be heard in Centre County Court of Common Pleas and that the agreement adheres to any company that Resource might involve in the project. He added the tipping fee will probably result in $500,000 to $800,000 a year, which is roughly twice the amount of the township's annual budget. There will be a $1,000 fine for each truck that uses the local roads, he said.

Ron Pollock, of Rush Township, said after listening to the agreement, he believed the township should have more input. He said he remembers the traffic back in the 1970s when the coal business was booming and the fatalities and accidents that occurred during that time when the trucks were using the local roads. He said supporting the interchange was the lesser of the two evils, and Resource Recovery was "covering their butts both ways." He stressed the supervisors should hold out to have more input.

Mr. Glantz said if the agreement was not signed last night, the township would have to starting litigating.

Steve Dershem, commissioner, said the township is in a tough position. He said Resource Recovery has proven it is "litigation happy" and this is like playing high-stakes poker. He said the concept of the interchange traffic does not sit well with the board.

"We don't want traffic going on the local roads," Mr. Yecina said. "I'd rather see two years' worth of construction traffic that 30-40 years of truck traffic."

In previous meetings, Mr. Yecina said there are people who are telling them they want the agreement because they don't want the traffic going through town. He said they are trying to protect them, too.

Ken Hall, township resident, asked why the supervisors could not oppose the landfill in the agreement. Mr. Glantz said, in effect, there is not a whole lot the supervisors can do as an entity with the landfill anyway.

"So they're bribing us for $500 a month," Mr. Hall said. "If you sign this agreement... it is one less arrow in the quiver." He said while he disagreed with the supervisors 100 percent, he gives them credit for letting the residents speak, facing them and then making a decision.

Terri Burbidge, who lives on Gorton Road, was concerned about the improvements to the road after the landfill, if approved, would be. She said federal regulations for access roads have to be so wide, and if the road was made to meet those standards people along there would lose their houses and front yards.

The supervisors said the road will be upgraded under the township specifications.

"We would stand up and say we do not support widening the road," Mr. Preslovich said.

Ken Shope, township resident, also questioned if Resource Recovery would be responsible for enforcing the stipulation of no trucks on local roads after the interchange would be built. He said it was like leaving the fox in the hen house. He added a $1,000 fine per truck for a company anticipating a $25 million net profit in the first year is "a spit in the bucket."

Mr. Glantz said if the residents did not trust the company to pay its fines or report the trucks, it would be up to the police and local population.

Other residents believed the traffic should come in from Rush Township. Linda Padisak and Michele Barbin said if it was that township's affair, then that township should deal with it. Ms. Padisak said Gorton Road is too small, "It's like a State College sidewalk."

"They(Resource Recovery) are mad at anyone who opposes this," Ms. Padisak said. "They'll accept anything for their gateway to garbage."

Beverly Martin, resident, asked what will happen when Interstate 80 is closed because of accidents or weather. Mr. Glantz said the company promised not to use the local roads, and Mr. Pollock said the state Department of Transportation cannot detour traffic on township roads.

Calvin Quick, said even with construction traffic until the road is constructed, people could get killed along the local roads. He said he believed Resource Recovery was using a scare tactic and said he was really against the township making any concessions.

"I'm opposed to this landfill, I'm not opposed to just garbage but seriously against the nuclear waste and chemicals that could be brought in," he said. "We don't want that landfill."

Doug Mottin, resident, said he feels betrayed. He said he and his family live at "ground zero" and said the project is a potential crime scene. He said people will die because of this project, but the company will never get charged. He added the land, streams and wildlife will be "raped" and said he prayed the supervisors make the right decision.

Bob Burbidge said the agreement is one-sided and believes it does more harm than good.

Jeff Knisely of Perry County, who owns property near the proposed project, said the supervisors should tell Resource Recovery "the doors of communication are closed." He said the supervisors were elected to lead and not follow and they should quit being "sucker punched" by Resource Recovery.

PPC said there is still some fights to fight, with Ms. Padisak saying the group will plan a "Stand Out on the Roads," along the proposed route. She said the group will invite all the residents in the state and will "make it a citizens' issue."

The next meeting of the township is 7 p.m. March 6.

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