My father, may he rest in peace, use to say "so long" meant goodbye, 'sort of '. The 'sort of ' he explained meant it may be temporary, I may be back.
Two years ago when I started this BLOG I stated "The purpose is to keep these people (a small group of friends) current on happenings of interest within community in a timely manner". The headline of the BLOG states "All posts on this Blog, by the author, are strictly his personal opinions or interpretations".
A lot has happened in the past two years that directly effect this BLOG and its reason for being.
I am now completing my second year on Borough Council.
The Borough now has a website full of news and references.
The President of Borough Council now issues periodic e-newsletters.
The Mayor now issues his own periodic e-newsletters.
And two years of Council have showed me that not all of my opinions and interpretations are correct or should be public. (I hope others learn this lesson as well. There I go again with an opinion!)
So for now, so long.
Wishing you and yours the Happiest of Holidays and Healthiest of New Years,
Paul
Monday, December 19, 2011
Friday, November 18, 2011
2012 Budget - 2
I'm sure that you have been waiting for the other shoe to fall, so here is the story from the Somerset Daily American:
http://www.dailyamerican.com/da-ot-indian-lake-proposes-21-percent-tax-increase-20111117,0,2044172.story
This story was also picked up by Johnstown TV, Channel 6. I did not know they knew we existed.
Please note that this is a preliminary budget. It will be advertised, available for public review at the Borough Office Building, and not voted upon until December 14th Council Meeting.
A few things that I would add to the reporting of this story, which I think is critical information to understanding the current situation;
-Your dam is stable, the remaining work, called Phase III, is to contain or pass the Maximum Possible Flood, a condition that might happen once in a lifetime, or longer, if ever. These requirements were changed and the two possible solutions are to contain the MPF by raising the height of the dam, or enlarged spillway capacity. Raising the height of the dam is by far the less costly option, however it requires signing of Flowage Easements by every water front property owner, Park Lots included. Your Council is fully committed to the first option and the budget is based upon that happening.
-In 2012 we will be moving from short term financing of the dam remediation to permanent long term financing. We have been living off a line of credit which requires us to pay interest only, in 2012 we will put in place a financing plan to pay off the borrowed money. Barring the unforeseen this should be the last tax increase due to this project.
http://www.dailyamerican.com/da-ot-indian-lake-proposes-21-percent-tax-increase-20111117,0,2044172.story
This story was also picked up by Johnstown TV, Channel 6. I did not know they knew we existed.
Please note that this is a preliminary budget. It will be advertised, available for public review at the Borough Office Building, and not voted upon until December 14th Council Meeting.
A few things that I would add to the reporting of this story, which I think is critical information to understanding the current situation;
-Your dam is stable, the remaining work, called Phase III, is to contain or pass the Maximum Possible Flood, a condition that might happen once in a lifetime, or longer, if ever. These requirements were changed and the two possible solutions are to contain the MPF by raising the height of the dam, or enlarged spillway capacity. Raising the height of the dam is by far the less costly option, however it requires signing of Flowage Easements by every water front property owner, Park Lots included. Your Council is fully committed to the first option and the budget is based upon that happening.
-In 2012 we will be moving from short term financing of the dam remediation to permanent long term financing. We have been living off a line of credit which requires us to pay interest only, in 2012 we will put in place a financing plan to pay off the borrowed money. Barring the unforeseen this should be the last tax increase due to this project.
Thursday, November 10, 2011
2012 Budget
Writing and passing a budget for Indian Lake Borough is not an easy process and one that brings with it difficult decisions. For 2012 it is an especially difficult process.
By law the Borough must pass a balanced budget by the end of the year. Before that we must advertise our Tax Rate Ordinance and Budget. The tax rate must be submitted to the County Assessment Office by December 23rd.
Your Borough Council worked until midnight Wednesday evening and even then had to schedule another special session for next Wednesday. There was a second Council Meeting in October just to work on the budget. I cannot express our sincere appreciation loudly enough for all the work that our Borough Manager, Theresa, has done and continues to do for us on the budget.
The big ugly bear in the closet is the Dam Remediation Project. The Borough currently has a seven and one half million dollar ($7,500,000.00) line of credit with Somerset Trust. We presently have borrowed approximately five and a half million from this line of credit. We are obliged to pay only interest on the amount of money borrowed. This year we paid against the borrowed principle the money recouped from the sale of the excess 30" gate valve and the full amount of the 2010 tax increase, 3 mils. This line of credit expires in May 2012, we need to have an alternative in place no later than June.
Your Council has decided to bite the bullet and procure long term financing for the project now, as soon as we can. We will start paying off this debt, plus the cost of Phase III, in 2012.
Difficult decisions will have to be made in regard to the budget, taxes will definitely go up. There is no way to maintain the essential services to the Borough without both of these actions.
One big word of caution, all this is predicated upon obtaining 100% of the Flowage Easements from all waterfront property owners. Without these our cost for Phase III will rise another 2 to 2.5 million dollars. Please ask your waterfront neighbors if they have signed and submitted their Flowage Easements.
By law the Borough must pass a balanced budget by the end of the year. Before that we must advertise our Tax Rate Ordinance and Budget. The tax rate must be submitted to the County Assessment Office by December 23rd.
Your Borough Council worked until midnight Wednesday evening and even then had to schedule another special session for next Wednesday. There was a second Council Meeting in October just to work on the budget. I cannot express our sincere appreciation loudly enough for all the work that our Borough Manager, Theresa, has done and continues to do for us on the budget.
The big ugly bear in the closet is the Dam Remediation Project. The Borough currently has a seven and one half million dollar ($7,500,000.00) line of credit with Somerset Trust. We presently have borrowed approximately five and a half million from this line of credit. We are obliged to pay only interest on the amount of money borrowed. This year we paid against the borrowed principle the money recouped from the sale of the excess 30" gate valve and the full amount of the 2010 tax increase, 3 mils. This line of credit expires in May 2012, we need to have an alternative in place no later than June.
Your Council has decided to bite the bullet and procure long term financing for the project now, as soon as we can. We will start paying off this debt, plus the cost of Phase III, in 2012.
Difficult decisions will have to be made in regard to the budget, taxes will definitely go up. There is no way to maintain the essential services to the Borough without both of these actions.
One big word of caution, all this is predicated upon obtaining 100% of the Flowage Easements from all waterfront property owners. Without these our cost for Phase III will rise another 2 to 2.5 million dollars. Please ask your waterfront neighbors if they have signed and submitted their Flowage Easements.
Friday, November 4, 2011
Tuesday, November 8, 2011 is ELECTION DAY
Thanks to you, I have been serving this community as a member of Borough Council for a year and 10 months. It has been rewarding, it has been trying, but most of all it is work that needs to be done.
Your support of your elected officials is very important. You demonstrate support by first and foremost voting.
Therefore I ask you to vote this coming Tuesday. Vote for those candidates who stood up, ran in the primary, and are now on the November ballot. They have volunteered to work for you for the next four years, show them that you appreciate their willingness to work for our community by casting your vote tomorrow.
Thank you
Your support of your elected officials is very important. You demonstrate support by first and foremost voting.
Therefore I ask you to vote this coming Tuesday. Vote for those candidates who stood up, ran in the primary, and are now on the November ballot. They have volunteered to work for you for the next four years, show them that you appreciate their willingness to work for our community by casting your vote tomorrow.
Thank you
Thursday, October 13, 2011
Water Quality
For those of us on the water system consisting of the well on West Shore Trail and the storage tank on Buckstown Road we know we have been receiving very poor water. Now thanks to the efforts of a resident, the Borough Website will do a better job of keep us informed about what is going on.
Please go to the following link for an update:
http://indianlakepa.us/dotnetnuke/default.aspx
Return to the Borough's Website often for updates.
Thanks to Dennis Letham for pushing this situation and to Bob Hanson for posting the updates on the website.
Please go to the following link for an update:
http://indianlakepa.us/dotnetnuke/default.aspx
Return to the Borough's Website often for updates.
Thanks to Dennis Letham for pushing this situation and to Bob Hanson for posting the updates on the website.
Wednesday, September 21, 2011
Trash Pick-up Dates
For your reference, from Mike Reese, President of Reese's Sanitation:
"Up to the end of this year and including New Years the trash [at Indian Lake] will be picked up Mondays."
"Up to the end of this year and including New Years the trash [at Indian Lake] will be picked up Mondays."
Thursday, September 15, 2011
Trash
An old problems continues, and is getting worse.
Some of our neighbors refuse to sign up for trash pick and deposit their trash in private dumpsters! At the Lodge, the Marina, the Golf Courses, the condos, and the Borough Office Building.
With 'back door' pick up the same price as curb-side pick up, and with the new rates, there is no excuse for this. No reason to drag your trash to the road, no concern about an empty trash barrel sitting at the road, which is illegal.
And it is illegal to put your trash in a private dumpster, and all dumpsters within the Borough are private. It is 'theft of service', and anyone caught will be prosecuted to the full extent of the law.
Your Borough Council is determined to put a stop to this illegal practice. Several ideas are being considered, including requiring every home owner to have trash pick, billed by the Borough, just like water is. Failure to pay could result in water shut off, or none issuance of boating stickers.
Lets not let a few bad apples ruin it for all. Spread the word. If you see someone dumping their trash, report it to the Borough Police, on their non-emergency telephone number.
Follow this link to story in the Somerset Daily American:
http://www.dailyamerican.com/da-ot-indian-lake-borough-cracking-down-on-trash-rules-20110914,0,5818809.story
Some of our neighbors refuse to sign up for trash pick and deposit their trash in private dumpsters! At the Lodge, the Marina, the Golf Courses, the condos, and the Borough Office Building.
With 'back door' pick up the same price as curb-side pick up, and with the new rates, there is no excuse for this. No reason to drag your trash to the road, no concern about an empty trash barrel sitting at the road, which is illegal.
And it is illegal to put your trash in a private dumpster, and all dumpsters within the Borough are private. It is 'theft of service', and anyone caught will be prosecuted to the full extent of the law.
Your Borough Council is determined to put a stop to this illegal practice. Several ideas are being considered, including requiring every home owner to have trash pick, billed by the Borough, just like water is. Failure to pay could result in water shut off, or none issuance of boating stickers.
Lets not let a few bad apples ruin it for all. Spread the word. If you see someone dumping their trash, report it to the Borough Police, on their non-emergency telephone number.
Follow this link to story in the Somerset Daily American:
http://www.dailyamerican.com/da-ot-indian-lake-borough-cracking-down-on-trash-rules-20110914,0,5818809.story
Friday, September 9, 2011
911 Service
There will be an Interfaith Worship Service at Thunder Chapel, Stuzmantown Road, Shanksville, at 2:45 PM on Sunday September 11, 2011.
Wednesday, August 17, 2011
Be careful
The boating season continues as the weather turns beautiful again.
We have had two personal injury accidents on our Lake, one was minor, unfortunately the other was serious.
Our police department has been active with many citations issued. Yet still I have seen too much bad behavior and stupid disregard for the law and common sense.
Watch your speed, our Lake is not so large that it will make a difference.
Watch driving too close to the shore and driving in the wrong direction.
Most importantly, Watch where you are pulling a skier or tubers, their lives and limbs are in your hands.
I have seen skiers and tubers pulled far too close to the shore, I have had skiers and tubers pulled in front of my boat, I have seen skiers and tubers being pulled by a boat or jet ski without an observer.
Not only are these practices illegal, those drivers are endangering their family or friends.
We have had two personal injury accidents on our Lake, one was minor, unfortunately the other was serious.
Our police department has been active with many citations issued. Yet still I have seen too much bad behavior and stupid disregard for the law and common sense.
Watch your speed, our Lake is not so large that it will make a difference.
Watch driving too close to the shore and driving in the wrong direction.
Most importantly, Watch where you are pulling a skier or tubers, their lives and limbs are in your hands.
I have seen skiers and tubers pulled far too close to the shore, I have had skiers and tubers pulled in front of my boat, I have seen skiers and tubers being pulled by a boat or jet ski without an observer.
Not only are these practices illegal, those drivers are endangering their family or friends.
Saturday, July 23, 2011
Valve Leakage
When we last left the upstream valve, it had been reinstalled and leaked only a very little until we "exercised" it (open and close). Then the leakage jumped to 20 gallons per minute (GPM). Over a few days the leakage dropped to 10 GPM.
A plan was devised to:
1. Increase the down force closing the valve.
2. Close the valve without flow going through it by first closing the downstream valve.
3. Exercise the valve several cycles, full open to fully closed.
Yesterday, Friday July 22, the above three steps were taken after we first remeasured the leakage, still at 10 GPM. After we were done the flow was still at 10 GPM.
However, as before, the flow decreased as the valve seated due to the head pressure on it.
Today the leakage is at 5 GPM!
With the approval of Council, we plan on putting this Phase of the Dam Remediation Project to bed by advising the DEP of the current leakage, which we feel they will accept.
A plan was devised to:
1. Increase the down force closing the valve.
2. Close the valve without flow going through it by first closing the downstream valve.
3. Exercise the valve several cycles, full open to fully closed.
Yesterday, Friday July 22, the above three steps were taken after we first remeasured the leakage, still at 10 GPM. After we were done the flow was still at 10 GPM.
However, as before, the flow decreased as the valve seated due to the head pressure on it.
Today the leakage is at 5 GPM!
With the approval of Council, we plan on putting this Phase of the Dam Remediation Project to bed by advising the DEP of the current leakage, which we feel they will accept.
Tuesday, July 19, 2011
Flowage Easements
If you do not get the Somerset Daily American, or did not read the recent article on this subject, please click the following link to it, or paste it into your browser's heading line.
I especially ask you to note the last sentence, a quote from our Borough Solicitor.
If you own lakefront property, have you signed your easement?
Please encourage your neighbors to also do so. Thank you,
http://www.dailyamerican.com/news/somerset/da-ot-unsigned-easements-complicate-indian-lake-work-20110713,0,4889328.story
I especially ask you to note the last sentence, a quote from our Borough Solicitor.
If you own lakefront property, have you signed your easement?
Please encourage your neighbors to also do so. Thank you,
http://www.dailyamerican.com/news/somerset/da-ot-unsigned-easements-complicate-indian-lake-work-20110713,0,4889328.story
Friday, July 8, 2011
We should be ashamed..........
The following letter is being Posted to this Blog with the full permission of it's author, emphasis added. While I did not see the boat fire, I did see far too much 'horsing around' and disregard for rules and lack of common sense. Personally I stayed off the Lake and welcomed Tuesday, July 5th with a great big – Thank G_d its Tuesday and most of the crazies have gone home.
If we don't start doing better someone is going to get hurt or die. Please be safe and considerate out there.
July 5, 2011
Mayor Miscoe,
My wife and I are somewhat new comers to the Indian Lake Borough having only owned a lake front home since 2008 and have loved every minute we have been able to spend updating the house and spending time when we can at the lake. We live in Maryland on a farm with a variety of animals therefore we are able to only get away for two or three days at a time. When we do come up we try to make it during the week when there is less activity on the lake. When you issued your last Email newsletter it was interesting to see the reminders you passed along to borough owners about boating safely and lake restrictions on boat travel.
We are not generally complainers, but during this past weekend I have to say that I doubt anyone read your newsletter, they just plain ignored it, or did not pass along lake boating policy to their visiting guests. I lost count of the boats and jet ski's that came as close as 30 feet to the dock in front of our house at fairly high speeds, a number of jet ski's traveling the wrong direction on the lake and at least four jet ski's traveling on the lake well after dark without navigation lights which makes it extremely difficult to navigate on a pontoon boat when they travel at such high speed.
But what really concerned us and prompted me to write you is what appears to be total disrespect of some boaters when on Sunday July 3 a boat caught fire in front of our property in the middle of the lake, and when we (my wife and two friends) went out to help, boaters on the lake just seemed to ignore what was going on. There were three pontoon boats that did respond, one gentleman from across the lake and my neighbor Jeff Jones. We pulled two very young children with life jackets on that were too large for them and their mother and uncle who had no life jackets on at all out of the lake. Jeff Jones towed the boat to the Wenatchee dock area, and we took the children and two adults along and dropped them off at shore at Wenatchee where the the balance of their family was waiting. I had a hard time accepting that so many boaters passed them in the water and did not stop to offer assistance. Even when we were pulling the victims out of the water boats continue to race by.
I do know that the borough has limited source of funding for the police to patrol the lake on such busy holiday weekends but I am afraid that if people do not start adhering to stated safety rules and regulation like on the highway there’s going to be a serious event take place on the lake that should not happen. Based on my limited observation I would bet that at least 20 to 30 percent of those operating jet ski's either don’t have a valid permit or are just not concerned with other peoples safety. As a lake front property owner I would be more than happy to contribute funds to the borough to possibly hire additional help (boat too) to patrol the lake on heavy activity weekend events ( Memorial Day, Independence Day, Labor Day) to help avoid a serious event on the lake. If other property owners agree, I believe we could raise enough to fund at least those three major holidays.
Please feel free to contact me about my observation if you like:
Lloyd (Pete) and Mary (Sandy) Shank
1289 Peninsula Drive
8440 Palmer Road
Middletown, Maryland 21769
(301) 371-4588
If we don't start doing better someone is going to get hurt or die. Please be safe and considerate out there.
Tuesday, June 28, 2011
Barry Lichty
For those who do not get to see the Somerset Newspaper:
http://www.dailyamerican.com/lifestyle/obituaries/da-ot-barry-sechler-lichty-72-of-friedens-indian-lake-20110627,0,5123338.story
http://www.dailyamerican.com/da-ot-lichty-remembered-as-a-true-public-servant-20110627,0,642695.story
http://www.dailyamerican.com/lifestyle/obituaries/da-ot-barry-sechler-lichty-72-of-friedens-indian-lake-20110627,0,5123338.story
http://www.dailyamerican.com/da-ot-lichty-remembered-as-a-true-public-servant-20110627,0,642695.story
Monday, June 27, 2011
Barry Lichty
The arrangements are as follows:
Hauger-Zeigler Funeral Home in Somerset
Tuesday - viewing from 6-8 pm
Wednesday - viewing from 2-4 pm and 6-8 pm
Thursday - service at the Unity UCC church on Route 160 at 11am, with a one hour viewing prior to the service.
Committal at Somerset Memorial Park at 1:30pm
Hauger-Zeigler Funeral Home in Somerset
Tuesday - viewing from 6-8 pm
Wednesday - viewing from 2-4 pm and 6-8 pm
Thursday - service at the Unity UCC church on Route 160 at 11am, with a one hour viewing prior to the service.
Committal at Somerset Memorial Park at 1:30pm
Sunday, June 26, 2011
Sad news
Our beloved friend and former Mayor, Barry Lichty, passed away last evening.
Natalie and I are blessed that we did get to send a few minutes with him yesterday.
May Barry's memories be a blessing to all.
As they say in Yiddish, Barry was a true mench.
Natalie and I are blessed that we did get to send a few minutes with him yesterday.
May Barry's memories be a blessing to all.
As they say in Yiddish, Barry was a true mench.
Friday, June 24, 2011
the Dam(n) Valve
The saga goes on.....
As you recall, last Fall after playing with the upstream (underwater) main valve for too long, it was decided, by the valve company's representative, to remove the valve to inspect and reset it.
This sluice gate valve was leaking approximately 60 gallons per minute (GPM). Industry standards for a valve of this type and size is closer to one GPM.
The valve was removed and moved to the Borough building. A representative of the valve manufacturer (Rodney Hunt) subsequently inspected the valve and reset all adjustments.
It was 'suggested', by the valve manufacturer, that the problem was the flatness of the mounting flange on the dam headwall, 50' below normal lake level. This mounting flange is part of a thimble shaped piece that is bolted and grouted to the headwall. While removal of the thimble is not impossible, it is a major project, one best done above water. The suggested solution was to make a machined flange, flat to 0.010 inches, and bolt this between the valve and thimble. These are 30” diameter flanges.
We were unable to coordinate schedules to reinstall the valve prior to Winter setting in. The first attempt to install the machined flange, with an underwater setting epoxy, to the thimble, failed in May. The epoxy was to take up the imperfections in the thimble leaving the other surface of the machined flange to mate with the valve. The second suggestion was to use the machine flange in a sandwich with a thin gasket, supplied by the valve manufacturer, between the flange and the valve. A thin rubber gasket to be used between the flange and the thimble. All bolts then torqued to the same tightness with the rubber gasket doing what the epoxy was suppose to.
Finally on Thursday June 16th the dive company (Marion Hill), assisted by our engineering firm CME, Borough personnel, and the marina, put the valve into the water, transported it to the dam and reinstalled it under 50' of water utilizing the second method. The valve manufacturer was not present, their representative, who actually sold the valve, Learco, was on site.
Friday, June 17th, the divers torqued the bolts holding the valve in place and started testing. Initially when the downstream valve was opened and the pipe drained the leakage was about ½ GPM. The gate was raised a few inches and lowered, the leakage upped to about 2 GPM. The gate was fully cycled several times and when closed was leaking approximately 28-30 GPM. Neither the valve manufacturer nor their representative were on site. As it was the end of the day and the valve manufacturer was not there to give advise, work was stopped and the divers left.
After several days the flow had dropped to 12 GPM.
There are discussions ongoing between all parties involved. Some of the questions being explored are:
-does Learco or Rodney Hunt have any further suggestions?
-should the down force closing the valve be increased to be sure the valve is properly seated?
-further adjusting the valve wedges?
-see if closing the upstream valve without flow going through it would allow it to seat tighter?
-approach the DEP with what we have?
To be continued.............
As you recall, last Fall after playing with the upstream (underwater) main valve for too long, it was decided, by the valve company's representative, to remove the valve to inspect and reset it.
This sluice gate valve was leaking approximately 60 gallons per minute (GPM). Industry standards for a valve of this type and size is closer to one GPM.
The valve was removed and moved to the Borough building. A representative of the valve manufacturer (Rodney Hunt) subsequently inspected the valve and reset all adjustments.
It was 'suggested', by the valve manufacturer, that the problem was the flatness of the mounting flange on the dam headwall, 50' below normal lake level. This mounting flange is part of a thimble shaped piece that is bolted and grouted to the headwall. While removal of the thimble is not impossible, it is a major project, one best done above water. The suggested solution was to make a machined flange, flat to 0.010 inches, and bolt this between the valve and thimble. These are 30” diameter flanges.
We were unable to coordinate schedules to reinstall the valve prior to Winter setting in. The first attempt to install the machined flange, with an underwater setting epoxy, to the thimble, failed in May. The epoxy was to take up the imperfections in the thimble leaving the other surface of the machined flange to mate with the valve. The second suggestion was to use the machine flange in a sandwich with a thin gasket, supplied by the valve manufacturer, between the flange and the valve. A thin rubber gasket to be used between the flange and the thimble. All bolts then torqued to the same tightness with the rubber gasket doing what the epoxy was suppose to.
Finally on Thursday June 16th the dive company (Marion Hill), assisted by our engineering firm CME, Borough personnel, and the marina, put the valve into the water, transported it to the dam and reinstalled it under 50' of water utilizing the second method. The valve manufacturer was not present, their representative, who actually sold the valve, Learco, was on site.
Friday, June 17th, the divers torqued the bolts holding the valve in place and started testing. Initially when the downstream valve was opened and the pipe drained the leakage was about ½ GPM. The gate was raised a few inches and lowered, the leakage upped to about 2 GPM. The gate was fully cycled several times and when closed was leaking approximately 28-30 GPM. Neither the valve manufacturer nor their representative were on site. As it was the end of the day and the valve manufacturer was not there to give advise, work was stopped and the divers left.
After several days the flow had dropped to 12 GPM.
There are discussions ongoing between all parties involved. Some of the questions being explored are:
-does Learco or Rodney Hunt have any further suggestions?
-should the down force closing the valve be increased to be sure the valve is properly seated?
-further adjusting the valve wedges?
-see if closing the upstream valve without flow going through it would allow it to seat tighter?
-approach the DEP with what we have?
To be continued.............
Saturday, June 18, 2011
Dodging a bullet...
Last time I opined that Spring had sprung, the Primary election was civil, most of the law suites were behind us, and I hoped that this meant a turn around in the Borough's fortunes.
Well I almost spoke too soon. Last week our fuel supplier inadvertently delivered gasoline to our diesel tank. This could have been major. Gasoline can destroy a diesel engine very quickly. Fortunately it was caught very quickly and all diesel equipment was shut down. Each affected piece of equipment; a backhoe, a road grader, and two trucks; were inspected for engine damage and had their fuel systems cleaned. Our diesel tank was drained and refilled with fresh diesel fuel.
We were lucky, I'm sure that our supplier will reimburse us our costs, and we were able to get by a few days without having to borrow or rent replacement equipment.
I would be remiss in not mentioning that as soon as Mr. St. Clair learned of the problem he offered the Borough use of his backhoe and truck, thank you Terry.
I still have my fingers crossed.
Well I almost spoke too soon. Last week our fuel supplier inadvertently delivered gasoline to our diesel tank. This could have been major. Gasoline can destroy a diesel engine very quickly. Fortunately it was caught very quickly and all diesel equipment was shut down. Each affected piece of equipment; a backhoe, a road grader, and two trucks; were inspected for engine damage and had their fuel systems cleaned. Our diesel tank was drained and refilled with fresh diesel fuel.
We were lucky, I'm sure that our supplier will reimburse us our costs, and we were able to get by a few days without having to borrow or rent replacement equipment.
I would be remiss in not mentioning that as soon as Mr. St. Clair learned of the problem he offered the Borough use of his backhoe and truck, thank you Terry.
I still have my fingers crossed.
Monday, June 6, 2011
Ah.....Spring
Well May has come and gone.
Spring has finally arrived. Everything is green. No one any longer wonders why we live were we live. It is simply gorgeous at the Lake. We drive (too) often to Johnstown and/or Windber. We use Ridge Road to avoid many of the coal trucks. It is too beautiful along the ridge. The weather was beautiful for the Memorial Day Weekend, many were out on the lake for the first time this season. We waited until the weekenders left and enjoyed a wonderful evening cruise. We did not realize how much we missed the boat.
Lets all have a wonderful and safe boating season.
The Primary Election is also behind us. The voters have spoken. Let us hope that civility continues through the fall election and we enter 2012 with new a Borough Council united in effort and spirit. Most of the law suits are behind us, almost all of the results were favorable. I know I'm hoping that we can be as peaceful at Council as an evening boat ride can be on the lake.
Now if we could just do something about those coal trucks................
Spring has finally arrived. Everything is green. No one any longer wonders why we live were we live. It is simply gorgeous at the Lake. We drive (too) often to Johnstown and/or Windber. We use Ridge Road to avoid many of the coal trucks. It is too beautiful along the ridge. The weather was beautiful for the Memorial Day Weekend, many were out on the lake for the first time this season. We waited until the weekenders left and enjoyed a wonderful evening cruise. We did not realize how much we missed the boat.
Lets all have a wonderful and safe boating season.
The Primary Election is also behind us. The voters have spoken. Let us hope that civility continues through the fall election and we enter 2012 with new a Borough Council united in effort and spirit. Most of the law suits are behind us, almost all of the results were favorable. I know I'm hoping that we can be as peaceful at Council as an evening boat ride can be on the lake.
Now if we could just do something about those coal trucks................
Monday, May 2, 2011
May 2, 2011
Today is a gray day at the Lake, with rain and thunderstorms predicted. This morning we went to the Crash Sight. I have long since lost count of the number of times that I have been there.
It does seem to be more and more difficult to get there as time moves forward. From a simple tribute in Shankesville to a National Park. The construction, the Federal takeover, the formality of it today. Perhaps tomorrow it will be a beautiful tribute to those brave 40 who gave their lives, but somehow the simplicity, the "human factor" seems to have been lost.
My home is not much more than a mile, as the crow flies, from the impact sight, but the drive to today's entrance is more like five miles. Five miles, by the sights of two former temporary memorials, and the now closed Skyline Drive, which very nearly leads right to the impact point.
I'm sure you know why we went today of all days, the day after the news of Bin Laden's death. There were six satellite news trucks there, plus numerous other news organization vehicles. There were definitely more Park Rangers visible. The crowd was heavier than I expect a 'normal' Monday morning would have, not overwhelm but a steady flow of visitors. The local newspapers' front pages were on the fence shouting the news. A Navy Seal's towel with the word "HOOYAH" across the bottom had been fastened to the fence. A young man and woman, with red, white, and blue head and chest bands had a board on which it said "I did not forget". They offer you the opportunity to sign your name, or leave a short message, shades of how this memorial started. We passed.
We came without camera, with no agenda, we came and we observed. We observed the construction, but mainly we observed that flag off in the distance where Flight 93 impacted the ground on that morning that will never be forgotten, September 11, 2001.
Nothing more need be said.
It does seem to be more and more difficult to get there as time moves forward. From a simple tribute in Shankesville to a National Park. The construction, the Federal takeover, the formality of it today. Perhaps tomorrow it will be a beautiful tribute to those brave 40 who gave their lives, but somehow the simplicity, the "human factor" seems to have been lost.
My home is not much more than a mile, as the crow flies, from the impact sight, but the drive to today's entrance is more like five miles. Five miles, by the sights of two former temporary memorials, and the now closed Skyline Drive, which very nearly leads right to the impact point.
I'm sure you know why we went today of all days, the day after the news of Bin Laden's death. There were six satellite news trucks there, plus numerous other news organization vehicles. There were definitely more Park Rangers visible. The crowd was heavier than I expect a 'normal' Monday morning would have, not overwhelm but a steady flow of visitors. The local newspapers' front pages were on the fence shouting the news. A Navy Seal's towel with the word "HOOYAH" across the bottom had been fastened to the fence. A young man and woman, with red, white, and blue head and chest bands had a board on which it said "I did not forget". They offer you the opportunity to sign your name, or leave a short message, shades of how this memorial started. We passed.
We came without camera, with no agenda, we came and we observed. We observed the construction, but mainly we observed that flag off in the distance where Flight 93 impacted the ground on that morning that will never be forgotten, September 11, 2001.
Nothing more need be said.
Thursday, April 28, 2011
Dam dilemma
For those of you who do not follow the Somerset Daily American, the following is worth reading:
http://www.dailyamerican.com/da-ot-faced-with-state-mandate-indian-lake-considers-raising-dam-20110427,0,4743342.story
The writer presents a good synopsis of a difficult subject.
I would encourage you to attend the May 14th Service Corp./Town Hall meeting is the Shanksville High School cafetorium.
http://www.dailyamerican.com/da-ot-faced-with-state-mandate-indian-lake-considers-raising-dam-20110427,0,4743342.story
The writer presents a good synopsis of a difficult subject.
I would encourage you to attend the May 14th Service Corp./Town Hall meeting is the Shanksville High School cafetorium.
Monday, April 18, 2011
Dam Tentative Schedule
For re-installation of the upstream valve-
Divers are tentatively schedule to be here the week of May 9th. At that time they will install a machined flange onto the 'thimble' protruding from the dam wall some 50 feet below the surface. An underwater curing epoxy will be used between the flange and the thimble to take up and seal any imperfections. The machined flat face of the flange will face outward for mating with the valve. This epoxy may take 7 to 10 days to cure depending upon water temperature.
Therefore the actual re-installation of the valve is scheduled for May 24/25th.
For work on the spillway-
Three options are under evaluation:
1. Enlarge the existing spillway
2. Add a second spillway
3. Raise the height of the dam
The goal in each case is to prevent the water from a PMF (Possible Maximum Flood), defined as 38 inches of rain in a 72 hour period from topping the dam. That is a lot of water, but there have been local occurrences of this much rain in the Commonwealth!
At present we are negotiating with the Department of Environmental Protection, Division of Dam Safety, which way would be in everyones best interest to peruse. Once this process is completed, a schedule for the actual work will be developed.
Divers are tentatively schedule to be here the week of May 9th. At that time they will install a machined flange onto the 'thimble' protruding from the dam wall some 50 feet below the surface. An underwater curing epoxy will be used between the flange and the thimble to take up and seal any imperfections. The machined flat face of the flange will face outward for mating with the valve. This epoxy may take 7 to 10 days to cure depending upon water temperature.
Therefore the actual re-installation of the valve is scheduled for May 24/25th.
For work on the spillway-
Three options are under evaluation:
1. Enlarge the existing spillway
2. Add a second spillway
3. Raise the height of the dam
The goal in each case is to prevent the water from a PMF (Possible Maximum Flood), defined as 38 inches of rain in a 72 hour period from topping the dam. That is a lot of water, but there have been local occurrences of this much rain in the Commonwealth!
At present we are negotiating with the Department of Environmental Protection, Division of Dam Safety, which way would be in everyones best interest to peruse. Once this process is completed, a schedule for the actual work will be developed.
Saturday, April 16, 2011
Dam Update
For those readers who do not get the Somerset Daily American, following article appears today:
http://www.dailyamerican.com/da-ot-indian-lake-trying-to-meet-state-mandate-with-limited-funds-20110415,0,6757692.story
http://www.dailyamerican.com/da-ot-indian-lake-trying-to-meet-state-mandate-with-limited-funds-20110415,0,6757692.story
Thursday, April 7, 2011
Lawsuit Updates
In my recent Posting I mentioned that there was one open lawsuit, that being by Mrs. Takacs against the Somerset County Planning Commission concerning St. Clair's plans.
Well I am pleased to let you know that the judge affirmed the decision of the Somerset County Planning Commission. The court rejected all of Mrs. Takacs challenges.
Well I am pleased to let you know that the judge affirmed the decision of the Somerset County Planning Commission. The court rejected all of Mrs. Takacs challenges.
Monday, April 4, 2011
Do things change?
I got a comment to my April 1st Blog Posting that I would like to share with you. It is true today as it was four years ago. The biggest changes since Don Corbett wrote his letter four years ago are that the cost of the dam project has risen, we are fighting to keep it below $7.5 million.
And the number of lawsuits increased beyond anyones wildest guess. All by the same people, all financed by the same nameless group, and all aimed at St. Clair Development and anyone else who made a decision is St. Clair's favor; i.e., the Borough, the state Department of Environmental Protection, the Somerset County Planning Commission. Not one lawsuit against another developer or development!
Paul:
I was looking for something else today and ran across this letter I wrote almost 4 years ago. Look how much the attorneys have made, what it has cost the Borough, and we are still the same place we were when we started except for the fact that Terry compromised on the docks within days or at the most a few weeks after that 1st contentious Service Corp meeting.
What a waste, except for the attorneys. They must be laughing all the way to the bank.
Don L. Corbett
ServiceMaster by Corbett
May 16, 2007
To Indian Lake Residents and Property Owners:
We are all concerned about the Lake and what additional traffic might create, and would love to have it as we remember it 40 years ago, but that is never going to be.
I wonder if in all the rancor being displayed over the development at the Lodge, we are not losing sight of the big picture.
It seems to me, the greatest priority we have is to save the dam and get that behind us. Without the dam, our properties are not worth a great deal.
To pay for the dam it is probably going to require a raise in property taxes, or a raise in Service Corp fees or both.
With only 900 Service Corp members and a lot less homes, we do not have a lot of people among which to distribute $4-6million.
It seems to me we need the Lodge taxes and development to help distribute this load.
I don’t want things to go completely out of control, but let’s face it, there is going to be some compromises, either forced by courts; or people are going to have to come to some sort of agreement.
If it goes to court, we are going to drain additional tax dollars away that could be used for the dam. Both sides have been told by their attorneys they have a case, but let’s face it, that’s what attorneys do. They make their living making a case, but if they lose, they still have our money in their pocket.
It seems to me we need to find some way of bringing people together and reach some kind of compromise that people can live with.
Mr. St. Clair may have wanted too much, but some of the counter claims are also way over the top. There has got to be a middle ground that could be worked out. I have had some discussions with Mr. St. Clair and have found some of the things people said he was asking for, was never intended. I don’t really know Mr. St. Clair and there are always two sides, but in my experience, when these types of arguments start, there is also a lot of misinformation that goes out as fact.
We need to get past this shouting and accusations. The people on council are doing a service. They have tough decisions and it is easy for people who don’t have to make the decisions to point out all their mistakes.
In short, I feel raising taxes and Service Corp fees significantly is much worse than allowing some development. Let’s figure out some way of finding out what St. Clair’s “bottom line” is, and try to get closer to it. The Lodge is an asset to us that pays taxes.
I think we could start this process by sitting down with him as individuals and finding out where he is. To this point, he has been made out by some as some sort of villain. I am sure he is not, but at this point I don’t know on either side what is true and what isn’t.
I know this; neither side is going to get everything it wants and we are going to spend a lot of money we sorely need, to find out where the compromise is if we continue with the lawsuits.
I bought my property in 1961 and have seen a lot of ups and downs over that time period. When I bought the property, there was just a stream where the lake is now. There were stakes in the ground where the shore line was supposed to be.
When the Lake was filled, there were still not many homes. They were almost idyllic times. I glad I was there, but those times are gone and we need to accept that change is going to happen.
The government, by itself is going to put more and more burden on us to maintain and improve infrastructure and we need to have some development to distribute this burden.
I live out of town, so I cannot vote in an election. Voicing my opinion as a property owner, is just about all the power I have, so that is the purpose of my letter.
We need to find a way to find that compromise without draining more and more of our limited resources.
Sincerely,
Don L. Corbett
126 Delaware Lane
And the number of lawsuits increased beyond anyones wildest guess. All by the same people, all financed by the same nameless group, and all aimed at St. Clair Development and anyone else who made a decision is St. Clair's favor; i.e., the Borough, the state Department of Environmental Protection, the Somerset County Planning Commission. Not one lawsuit against another developer or development!
Paul:
I was looking for something else today and ran across this letter I wrote almost 4 years ago. Look how much the attorneys have made, what it has cost the Borough, and we are still the same place we were when we started except for the fact that Terry compromised on the docks within days or at the most a few weeks after that 1st contentious Service Corp meeting.
What a waste, except for the attorneys. They must be laughing all the way to the bank.
Don L. Corbett
ServiceMaster by Corbett
May 16, 2007
To Indian Lake Residents and Property Owners:
We are all concerned about the Lake and what additional traffic might create, and would love to have it as we remember it 40 years ago, but that is never going to be.
I wonder if in all the rancor being displayed over the development at the Lodge, we are not losing sight of the big picture.
It seems to me, the greatest priority we have is to save the dam and get that behind us. Without the dam, our properties are not worth a great deal.
To pay for the dam it is probably going to require a raise in property taxes, or a raise in Service Corp fees or both.
With only 900 Service Corp members and a lot less homes, we do not have a lot of people among which to distribute $4-6million.
It seems to me we need the Lodge taxes and development to help distribute this load.
I don’t want things to go completely out of control, but let’s face it, there is going to be some compromises, either forced by courts; or people are going to have to come to some sort of agreement.
If it goes to court, we are going to drain additional tax dollars away that could be used for the dam. Both sides have been told by their attorneys they have a case, but let’s face it, that’s what attorneys do. They make their living making a case, but if they lose, they still have our money in their pocket.
It seems to me we need to find some way of bringing people together and reach some kind of compromise that people can live with.
Mr. St. Clair may have wanted too much, but some of the counter claims are also way over the top. There has got to be a middle ground that could be worked out. I have had some discussions with Mr. St. Clair and have found some of the things people said he was asking for, was never intended. I don’t really know Mr. St. Clair and there are always two sides, but in my experience, when these types of arguments start, there is also a lot of misinformation that goes out as fact.
We need to get past this shouting and accusations. The people on council are doing a service. They have tough decisions and it is easy for people who don’t have to make the decisions to point out all their mistakes.
In short, I feel raising taxes and Service Corp fees significantly is much worse than allowing some development. Let’s figure out some way of finding out what St. Clair’s “bottom line” is, and try to get closer to it. The Lodge is an asset to us that pays taxes.
I think we could start this process by sitting down with him as individuals and finding out where he is. To this point, he has been made out by some as some sort of villain. I am sure he is not, but at this point I don’t know on either side what is true and what isn’t.
I know this; neither side is going to get everything it wants and we are going to spend a lot of money we sorely need, to find out where the compromise is if we continue with the lawsuits.
I bought my property in 1961 and have seen a lot of ups and downs over that time period. When I bought the property, there was just a stream where the lake is now. There were stakes in the ground where the shore line was supposed to be.
When the Lake was filled, there were still not many homes. They were almost idyllic times. I glad I was there, but those times are gone and we need to accept that change is going to happen.
The government, by itself is going to put more and more burden on us to maintain and improve infrastructure and we need to have some development to distribute this burden.
I live out of town, so I cannot vote in an election. Voicing my opinion as a property owner, is just about all the power I have, so that is the purpose of my letter.
We need to find a way to find that compromise without draining more and more of our limited resources.
Sincerely,
Don L. Corbett
126 Delaware Lane
Friday, April 1, 2011
Lawsuit Updates
Recently there have been several legal rulings in the favor of Indian Lake Borough and St. Clair Development, LLC, referred to below as defendants.
In three cases where the local court ruled in favor of defendants, and said rulings were subsequently upheld by the Commonwealth Court of Appeals; the request by the attorney Robert Ging, representing Jim Lyons and Mary Jo Takacs, that the Commonwealth Court of Appeals reconsider their decisions, were all dismissed.
All pending legal challenges against the Borough's Zoning Ordinance (#144) have been settled in the Borough's favor.
Just this week, the Commonwealth Environmental Hearing Board dismissed the suit brought by attorney Ging in behalf of Lyons and Takacs against the Department of Environmental Protection in approving St. Clair Development's floating docks.
The only ruling I know of against the defendants was for a violation “of the spirit of the Sun Shine Act”, the Borough was given 60 days to revote on the matter, which Borough Council did at its next meeting, with the same results. There is one other lawsuit that was sent back by the Commonwealth Court related to this. It concerns a request to buy an easement in front of someone else's property, in this case St. Clair's property. This is just plain silly and I doubt it could go anywhere.
The only action that I know is still pending is the suit against the Somerset Planning Commission for their decision in approving St. Clair Development's plans. Fortunately for the defendants, this suit is being defended by said Planning Commission without any direct involvement by the defendants.
This is all good news, great news. One can hope that those that have been filing these frivolous law suits, and those that have been paying for them, have learned a few lessons, and we, the citizens of Indian Lake can return to living in a quiet, beautiful, mountain community.
In three cases where the local court ruled in favor of defendants, and said rulings were subsequently upheld by the Commonwealth Court of Appeals; the request by the attorney Robert Ging, representing Jim Lyons and Mary Jo Takacs, that the Commonwealth Court of Appeals reconsider their decisions, were all dismissed.
All pending legal challenges against the Borough's Zoning Ordinance (#144) have been settled in the Borough's favor.
Just this week, the Commonwealth Environmental Hearing Board dismissed the suit brought by attorney Ging in behalf of Lyons and Takacs against the Department of Environmental Protection in approving St. Clair Development's floating docks.
The only ruling I know of against the defendants was for a violation “of the spirit of the Sun Shine Act”, the Borough was given 60 days to revote on the matter, which Borough Council did at its next meeting, with the same results. There is one other lawsuit that was sent back by the Commonwealth Court related to this. It concerns a request to buy an easement in front of someone else's property, in this case St. Clair's property. This is just plain silly and I doubt it could go anywhere.
The only action that I know is still pending is the suit against the Somerset Planning Commission for their decision in approving St. Clair Development's plans. Fortunately for the defendants, this suit is being defended by said Planning Commission without any direct involvement by the defendants.
This is all good news, great news. One can hope that those that have been filing these frivolous law suits, and those that have been paying for them, have learned a few lessons, and we, the citizens of Indian Lake can return to living in a quiet, beautiful, mountain community.
Sunday, March 13, 2011
Bashing
The following email was sent to Bob Hanson following his statement that I was "BASHING". You be the judge.
I am truly sorry that you are so thin skinned that you consider the following factual reporting as "bashing":
Despite three written announcements, an email to Council and two eNewsletters, Council President, Robert Hanson, did not resign last evening!
Hanson was unable to attend the Council Meeting due to a medical condition, was contacted by telephone from the meeting room and stated that he was not resigning until our April meeting.
The morning following the Council Meeting we hit the road for Florida, once we settle down I will gladly post a blog on what is going on with the dam. You are mostly correct in your report, while I may not be as eloquent with words as you, I will try to clear up an inconsistencies.
I will be coping this email to the blog since you saw fit to accuse me of "bashing".
Sincerely,
Paul
Indian Lake
I am truly sorry that you are so thin skinned that you consider the following factual reporting as "bashing":
Despite three written announcements, an email to Council and two eNewsletters, Council President, Robert Hanson, did not resign last evening!
Hanson was unable to attend the Council Meeting due to a medical condition, was contacted by telephone from the meeting room and stated that he was not resigning until our April meeting.
The morning following the Council Meeting we hit the road for Florida, once we settle down I will gladly post a blog on what is going on with the dam. You are mostly correct in your report, while I may not be as eloquent with words as you, I will try to clear up an inconsistencies.
I will be coping this email to the blog since you saw fit to accuse me of "bashing".
Sincerely,
Paul
Indian Lake
Thursday, March 10, 2011
News Flash
Despite three written announcements, an email to Council and two eNewsletters, Council President, Robert Hanson, did not resign last evening!
Hanson was unable to attend the Council Meeting due to a medical condition, was contacted by telephone from the meeting room and stated that he was not resigning until our April meeting.
Hanson was unable to attend the Council Meeting due to a medical condition, was contacted by telephone from the meeting room and stated that he was not resigning until our April meeting.
Saturday, March 5, 2011
Something to think about.
Dam remediation is expensive, by the time Indian Lake Borough is done with the final phase of our project we will have spent every cent of the $7.5 million that we are allowed to borrow under the resolution that you passed. That is an awful lot of money for a community of this size. But what are/were the alternatives? The link to the following story in the Somerset Daily American details what very well might happen if "the commission" (a state agency!) can not come up with the money for Lake Somerset;
http://www.dailyamerican.com/news/somerset/da-ot-lake-somersets-future-clouded-20110301,0,3756276.story
The spillway is just the last of the needed remediations that we had to do to our dam!
Yes this is expensive, but for us the alternative is unthinkable.
http://www.dailyamerican.com/news/somerset/da-ot-lake-somersets-future-clouded-20110301,0,3756276.story
The spillway is just the last of the needed remediations that we had to do to our dam!
Yes this is expensive, but for us the alternative is unthinkable.
Saturday, February 12, 2011
School Taxes
Shanksville-Stonycreek School Taxes are going up. The district is seeking approval to raise taxes above the allowable ceiling. For full details please read the following story in today's Daily American:
http://www.dailyamerican.com/news/somerset/da-ot-shanksvillestonycreek-seeks-tax-exceptions-20110210,0,7853703.story
http://www.dailyamerican.com/news/somerset/da-ot-shanksvillestonycreek-seeks-tax-exceptions-20110210,0,7853703.story
Thursday, January 27, 2011
Latest Brief
I have a question for you....
Have you ever been on Indian Lake?
Have you visited Mr. Rohrich's website and looked at the picture there of St. Clair's docks, the hill-side, the townhouses, and the Lodge?
How many years of closed Lodge or Lodge with bad food and worse service do you remember?
Do you remember 30+ years of an overgrown hill-side?
Have you seen the dangers now that those docks are in place?
Yet the challenges continue.......
Perhaps I have just been looking at these things too long, but only an attorney could call a 12 page document a brief.
Attorney Ging, representing Jim Lyons and Mary Jo Takacs, Appellants, has filed his Final Post DEP Hearing Brief.
Now I certainly don't claim to be a lawyer and understand all the innuendoes, but just scanning this document makes me cry, and laugh. (I would gladly supply you a link to this document if you wished.)
The Appellants are again claiming that the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION and St. Clair Resort Development, LLC, are wrong, that they lied, and the Appellants are right and wronged.
My reply to Attorney Ging and the Appellants-
Stop trying to say that a 't' was not crossed, that an 'i' was not dotted, that your arguments were not listened to, or were misunderstood. Get out on Indian Lake and look at the results for yourselves. I would be glad to take you there on my boat, once the ice leaves the lake. I am proud to show anyone what the St. Clairs have done for this community.
Have you ever been on Indian Lake?
Have you visited Mr. Rohrich's website and looked at the picture there of St. Clair's docks, the hill-side, the townhouses, and the Lodge?
How many years of closed Lodge or Lodge with bad food and worse service do you remember?
Do you remember 30+ years of an overgrown hill-side?
Have you seen the dangers now that those docks are in place?
Yet the challenges continue.......
Perhaps I have just been looking at these things too long, but only an attorney could call a 12 page document a brief.
Attorney Ging, representing Jim Lyons and Mary Jo Takacs, Appellants, has filed his Final Post DEP Hearing Brief.
Now I certainly don't claim to be a lawyer and understand all the innuendoes, but just scanning this document makes me cry, and laugh. (I would gladly supply you a link to this document if you wished.)
The Appellants are again claiming that the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION and St. Clair Resort Development, LLC, are wrong, that they lied, and the Appellants are right and wronged.
My reply to Attorney Ging and the Appellants-
Stop trying to say that a 't' was not crossed, that an 'i' was not dotted, that your arguments were not listened to, or were misunderstood. Get out on Indian Lake and look at the results for yourselves. I would be glad to take you there on my boat, once the ice leaves the lake. I am proud to show anyone what the St. Clairs have done for this community.
Tuesday, January 25, 2011
Comments from you........
from Corbettmom
date Sat, Jan 22, 2011 at 4:37 PM
subject Re: [News From The Lake] More legal trouble?
This is just ridiculous--I can't believe how much the county is spending to try all of these cases on top of the cost to Indian Lake, which I'm helping to pay. I wish they could invoke a fee for having to retry a case that was already deemed frivolous. We've had some obnoxious residents here in the past but this takes the cake. At least, so far in my term as a public official, I've never seen anything so platantly malecious and contrived--and hope that I never have that opportunity. Feel free to use my comments.
The above was received this past weekend from one of my loyal Blog readers in Akron, Ohio. She is an Township Trustee, elected to office the same time I was elected to Borough Council. We regularly discuss the merits and challenges of serving our respective electorates. She and her husband own a home at Indian Lake.
More often than not, questions and comments I receive concerning my Blog Postings are received verbally. One common thread that I have received more and more is (I paraphrase):
What can I (we) do to help end these law suits.
What can I (we) do to help Terry and Pat St. Clair.
I wish I had a simple, black and white, answer, but I don't. However, I am asking others and will be posting suggestions. Please feel free to add your voice by either 'commenting' on the Blog or dropping me an e-mail (pcornez@yahoo.com). With your permission I will publish your comments in upcoming Blog Posts.
Thank you
date Sat, Jan 22, 2011 at 4:37 PM
subject Re: [News From The Lake] More legal trouble?
This is just ridiculous--I can't believe how much the county is spending to try all of these cases on top of the cost to Indian Lake, which I'm helping to pay. I wish they could invoke a fee for having to retry a case that was already deemed frivolous. We've had some obnoxious residents here in the past but this takes the cake. At least, so far in my term as a public official, I've never seen anything so platantly malecious and contrived--and hope that I never have that opportunity. Feel free to use my comments.
The above was received this past weekend from one of my loyal Blog readers in Akron, Ohio. She is an Township Trustee, elected to office the same time I was elected to Borough Council. We regularly discuss the merits and challenges of serving our respective electorates. She and her husband own a home at Indian Lake.
More often than not, questions and comments I receive concerning my Blog Postings are received verbally. One common thread that I have received more and more is (I paraphrase):
What can I (we) do to help end these law suits.
What can I (we) do to help Terry and Pat St. Clair.
I wish I had a simple, black and white, answer, but I don't. However, I am asking others and will be posting suggestions. Please feel free to add your voice by either 'commenting' on the Blog or dropping me an e-mail (pcornez@yahoo.com). With your permission I will publish your comments in upcoming Blog Posts.
Thank you
Monday, January 24, 2011
What is the truth?
Today people seem to think that if you say something over and over again it is the truth, or it will be the truth.
Well something caught my eye in yesterday's (January 23, 2011) PittsburghPost-Gazette, the headline:
Experts doubt claims the health care law is a 'job killer'
Whoa, I know better, in fact just this past week I got an e-mail from my Congressman telling me it is so. So I read on. The "fact" that the health care bill is a job's killer comes from a study by the NFIB, National Federation of Independent Business. Double whoa, I know these guys, in fact I was a long time member of the NFIB before I retired. Good people who do a lot for the Small Business community.
The problem appears that the NFIB's statement comes following a study released Jan. 28, 2009, well before the health care law was written. "It's old. We don't use it anymore because it was based upon a hypothetical mandate," NFIB spokeswoman Stephanie Cathhart said.
The bottom line according to the newspaper story is that we just don't know yet, but the "experts" they interviewed do not believe so.
So everyone has an expert, experts voice opinion, not fact, about what will happen. It pays to go back to the fact that started the truth.
Sort of reminds me of what I read in the continuing law suits and appeals filed against the Borough and St. Clair Development. Thank goodness the courts have seen through the 'facts' and found the 'truth'.
Well something caught my eye in yesterday's (January 23, 2011) PittsburghPost-Gazette, the headline:
Experts doubt claims the health care law is a 'job killer'
Whoa, I know better, in fact just this past week I got an e-mail from my Congressman telling me it is so. So I read on. The "fact" that the health care bill is a job's killer comes from a study by the NFIB, National Federation of Independent Business. Double whoa, I know these guys, in fact I was a long time member of the NFIB before I retired. Good people who do a lot for the Small Business community.
The problem appears that the NFIB's statement comes following a study released Jan. 28, 2009, well before the health care law was written. "It's old. We don't use it anymore because it was based upon a hypothetical mandate," NFIB spokeswoman Stephanie Cathhart said.
The bottom line according to the newspaper story is that we just don't know yet, but the "experts" they interviewed do not believe so.
So everyone has an expert, experts voice opinion, not fact, about what will happen. It pays to go back to the fact that started the truth.
Sort of reminds me of what I read in the continuing law suits and appeals filed against the Borough and St. Clair Development. Thank goodness the courts have seen through the 'facts' and found the 'truth'.
Saturday, January 22, 2011
More legal trouble?
Well they did not give us long to catch our breaths.
Attorney Ging, in behalf of Mary Jo Takacs, filed a Petition for Re-Argument , dated Jan. 19th., in the matter against Indian Lake Borough Zoning Hearing Board, St. Clair Resorts Development, LLC and Indian Lake Borough. This Petition filed with the Commonwealth Court in the matter of their decision on cases 2616 CD 2009 and 365 CD2010. These are the cases on the granting of the permit for the second townhouse and the dismissal for failing to post the bond amount. Basically Attorney Ging tells the Court they erred- just as the Borough, the Zoning Hearing Board, and the Trial Court had before them.
You see, Attorney Ging and his band of merry supporters are correct and the rest of the world is wrong.
Two comments on the article about this in today's Somerset Daily American, http://www.dailyamerican.com/articles/2011/01/22/news/local/news071.txt.
I was in Judge Klemetik's court room during these proceedings. He did not just state that the claim was frivolous but asked Mrs. Takacs 'what part of buying a home next to commercial property did you not understand'. Additionally the judge reduces the amount of the request bond to $380,000, reflecting only the approximate amount of the sale of one townhouse, not the amount of damages done by submittal of these frivolous cases.
We are hoping that that the Commonwealth Court will not grant this Petition, or else here we all go again, spending more of your tax money on court defenses.
Please let your feelings be known, send your comments to me at pcornez@yahoo.com, thank you, I see they get to the parties financing these adventures.
Attorney Ging, in behalf of Mary Jo Takacs, filed a Petition for Re-Argument , dated Jan. 19th., in the matter against Indian Lake Borough Zoning Hearing Board, St. Clair Resorts Development, LLC and Indian Lake Borough. This Petition filed with the Commonwealth Court in the matter of their decision on cases 2616 CD 2009 and 365 CD2010. These are the cases on the granting of the permit for the second townhouse and the dismissal for failing to post the bond amount. Basically Attorney Ging tells the Court they erred- just as the Borough, the Zoning Hearing Board, and the Trial Court had before them.
You see, Attorney Ging and his band of merry supporters are correct and the rest of the world is wrong.
Two comments on the article about this in today's Somerset Daily American, http://www.dailyamerican.com/articles/2011/01/22/news/local/news071.txt.
I was in Judge Klemetik's court room during these proceedings. He did not just state that the claim was frivolous but asked Mrs. Takacs 'what part of buying a home next to commercial property did you not understand'. Additionally the judge reduces the amount of the request bond to $380,000, reflecting only the approximate amount of the sale of one townhouse, not the amount of damages done by submittal of these frivolous cases.
We are hoping that that the Commonwealth Court will not grant this Petition, or else here we all go again, spending more of your tax money on court defenses.
Please let your feelings be known, send your comments to me at pcornez@yahoo.com, thank you, I see they get to the parties financing these adventures.
Thursday, January 20, 2011
Hooray, the trend continues!
The Commonwealth Court has issued it's decision on the final appeal presently pending, again affirming the Trial Court, which had ruled in favor of the Borough.
A lot of words to say that WE, the majority of the residence of Indian Lake, have won another court victory.
The court determined that the easement issued to St. Clair Development, by the Borough, was proper. This easement, for the area where St. Clair's boat docks are, allows the developer to guarantee a resident of a new townhouse, an option on a boat dock. One does not need to be in the market for a townhouse to understand why this would be a major issue to someone buying one of these luxury townhouses overlooking the lake.
The pattern remains the same, a small group of people, with money, file suit against anything the St. Clairs do for this community. They are defeated in Zoning Hearing Board reviews, in trial court in Somerset, and on appeal in Commonwealth Court. All the time causing the Borough and the St. Clairs to spend untold amounts of dollars in defending their actions.
If they would only realize the harm they are doing, perhaps they would stop. Just an explanation of WHY they do what they do, would be enlightening.
A lot of words to say that WE, the majority of the residence of Indian Lake, have won another court victory.
The court determined that the easement issued to St. Clair Development, by the Borough, was proper. This easement, for the area where St. Clair's boat docks are, allows the developer to guarantee a resident of a new townhouse, an option on a boat dock. One does not need to be in the market for a townhouse to understand why this would be a major issue to someone buying one of these luxury townhouses overlooking the lake.
The pattern remains the same, a small group of people, with money, file suit against anything the St. Clairs do for this community. They are defeated in Zoning Hearing Board reviews, in trial court in Somerset, and on appeal in Commonwealth Court. All the time causing the Borough and the St. Clairs to spend untold amounts of dollars in defending their actions.
If they would only realize the harm they are doing, perhaps they would stop. Just an explanation of WHY they do what they do, would be enlightening.
Tuesday, January 18, 2011
Boating Fees for 2011
Indian Lake Borough Council adopted the following fee for the 2011 boating season:
PRIMARY POWERED BOAT LICENSE at $75
SECONDARY POWERED BOAT LICENSE at $150
(limit of 289 stickers available)
PRIMARY NON POWERED BOAT LICENSE at $20
SECONDARY NON POWERED BOAT LICENSE at $20
(limit of 400 stickers available)
GENERAL BOAT LICENSE at $750
(limit of 40 stickers available)
These fees remain unchanged from last year.
PRIMARY POWERED BOAT LICENSE at $75
SECONDARY POWERED BOAT LICENSE at $150
(limit of 289 stickers available)
PRIMARY NON POWERED BOAT LICENSE at $20
SECONDARY NON POWERED BOAT LICENSE at $20
(limit of 400 stickers available)
GENERAL BOAT LICENSE at $750
(limit of 40 stickers available)
These fees remain unchanged from last year.
Thursday, January 6, 2011
Good News
Its been a long time in coming, but I finally have a bit of good news to share concerning the dam. When last we met, we had removed the upstream valve after two difficult days for the diver trying to reduce the leakage by the valve. The valve manufacturer decided that enough was enough, we were just chasing our tails, and it was time to bring the valve up and readjust it, as well as finding a solution for a mounting flange, believed to be not flat enough. As you recall, the pipe through the dam has a valve at either end. Since the second valve, the downstream valve, which is not under water, is working fine, no problems were anticipated. The upstream valve was taken to the borough's garage. The manufacturer sent a service representative to reset the valve. It appeared to me, as I observed and listened, that the valve had never been adjusted properly. Except for a missing adjusting bolt and some nuts, which the valve manufacturer was to send us yet that week, the valve was ready to return to service.
As days became weeks it became painfully obvious that we were not going to get the valve back in service before the lake froze over. The parts for the valve are still MIA, the dive company and our engineer are still working on a suitable fix for the flange 'problem'. But we are OK because of the downstream valve, or are we?
The concern arose about freezing, and freezing it has been. This downstream valve sits exposed on a section of pipe coming out of the dam, Lake Stoneycreek side. This section of pipe and the valve are subjected to the freezing temperatures we have been having. We were concerned that if the water in this exposed section of pipe froze, the pipe and the valve could be damaged. This would leave us up a creek without a paddle.
This valve is designed to be opened or closed, not for throttling.
The decision was made to 'hot tap' the pipe and install a small (2") valve which could remain opened, allowing for a small continuous flow, preventing the water from freezing. Of course nothing comes easy, but today we finally got the valve installed, plumbed, and opened.
Now let me push our luck and deliver another piece of good news-yesterday the Commonwealth Court issued a ruling in the Borough's favor. This affirmed the lower court finding that the appeal on the permit issued by the Borough for Waccamaw Townhouse was frivolous* and that the appeal bond was appropriate.
One by one we are winning these legal challenges, but at quite a cost. Hopefully, someday, the Borough can recoup some of our expenses from the parties bring the 'frivolous' law suits.
*Their word.
As days became weeks it became painfully obvious that we were not going to get the valve back in service before the lake froze over. The parts for the valve are still MIA, the dive company and our engineer are still working on a suitable fix for the flange 'problem'. But we are OK because of the downstream valve, or are we?
The concern arose about freezing, and freezing it has been. This downstream valve sits exposed on a section of pipe coming out of the dam, Lake Stoneycreek side. This section of pipe and the valve are subjected to the freezing temperatures we have been having. We were concerned that if the water in this exposed section of pipe froze, the pipe and the valve could be damaged. This would leave us up a creek without a paddle.
This valve is designed to be opened or closed, not for throttling.
The decision was made to 'hot tap' the pipe and install a small (2") valve which could remain opened, allowing for a small continuous flow, preventing the water from freezing. Of course nothing comes easy, but today we finally got the valve installed, plumbed, and opened.
Now let me push our luck and deliver another piece of good news-yesterday the Commonwealth Court issued a ruling in the Borough's favor. This affirmed the lower court finding that the appeal on the permit issued by the Borough for Waccamaw Townhouse was frivolous* and that the appeal bond was appropriate.
One by one we are winning these legal challenges, but at quite a cost. Hopefully, someday, the Borough can recoup some of our expenses from the parties bring the 'frivolous' law suits.
*Their word.
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