Court Rules Preliminary Injunction Hearing April 6
by Nathan Lasher
The Armstrong Court of Common Pleas ruled to have a hearing for the preliminary injunction filed by Attorney Chase McClister against six members of the Armstrong School District School Board April 6 at 1PM.
The preliminary injunction, which may discontinue the reopening of Elderton High School, is the first step in a law suit that McClister filed, February 22, against school directors, Rose M. Stitt James A. Solak, Michael J. Markilinski, John L. Monroe, Jr., D. Royce Smeltzer, and Sara J. Yassem, on behalf of David A. Reefer, James A. Seaman, Mary C. Seaman, Scott Star, and Dan E. Goldinger.
“The gist of the complaint is they are no longer exercising their lawful discretion which they have as a matter of law,” said McClister in a recent interview on Family-Life TV’s Talk of the Town. “They have gone beyond their discretion to a point where it can be characterized as arbitrary and capricious. The wastefulness of the tax dollars and the deliberateness of it, the complete disregard for the expense – not just in the immediate future, but in the next few years – has prompted these plaintiffs to take legal action.”
According to McClister, the preliminary injunction will prevent any additional spending for a time limit which will be set by the court. “It would essentially be saying that this issue has enough merit that I am going to order you to refrain from additional spending until further order of the court. It would make it impossible for them to reopen Elderton this school year,” he said.
Markilinski and Stitt were in attendance during the motions hearing last Friday morning, along with their Attorney John F. Cambest of Dodaro, Matta &Cambest, P.C.
“The hearing on the preliminary injunction will be April sixth at 1PM,” said Cambest. “Before then, the defendants will be filing a preliminary injunction to the plaintiff’s complaint, hoping the court will rule on the defendants’ preliminary injunction before April sixth. Then, there would be no hearing on April sixth.”
The court has already allocated a half-day for the April sixth hearing.
Armstrong School District | nlasher March 6, 2010
By way to go, March 7, 2010 @ 4:21 AM
Hope the courts move fast- money is flying out the window- the new computers at some $350,000+ are at the school ready to be installed. Scheduling is being done and then will come staffing. What a waste of money for a school that will graduate 25 kids!!! Do tax payers know that some schools have not had any updates since the early 1970′s which is why the buildings are so out of date and not cost effective to keep “patching” them. Check out the heating systems in some of them! More money flying out the windows as they are all open!
Good luck on April 6th!
By Thomas Close, March 7, 2010 @ 8:27 AM
It is time for clearer thinking heads to step in !
Hopefully looking at all aspects of what is best for all,and not thinking of just “power” !!!!! !
By RizzoSports, March 7, 2010 @ 11:11 AM
Nathan,
Can you give us anymore detail about the April 6th hearing. I’ve heard that Judge Panchick is who will be hearing this. Any other details would be useful to the readers.
Two quick things I’ve noticed over the last month.
1. The tide or public opinion seems to be turning very rapidly on the school board. The more and more certain school members speak, the more people seems to want to get involved. It will be interesting to see how many public statements the board makes over then next month, as they could be doing themselves more harm then good.
2. Secondly it seems the people in the Ford City area, which is really the key battleground, are lessening their support for the re-opening Elderton. This makes sense because opening Elderton seemly only hurts Ford City and all the other schools for that matter. Even if you want to see FC remain independent forever, it has a much better chance to remain that way, if the tax base is only being split between 3 schools.
It’s going to be an interesting new 30 days.
By mcfee, March 7, 2010 @ 8:07 PM
I don’t know how there are new computers at the school “ready to be installed” when they haven’t been bought yet. And all present schools were renovated from 1980 on (some obviously better than others). All elementaries, with the exception of Dayton which was done in 1994, were supposed to get renovated in early 2000, but as usual some are still waiting.
By ASDpayer, March 7, 2010 @ 11:40 PM
ASD purchasing shows the new computers have been purchased and are ready for installation.
By Jan, March 8, 2010 @ 8:39 AM
I would like to address the elderly population who may read this paper. I’m sure that right now, you may be confused about who is telling you truth and who is being less than truthful. There are substantial facts out there that show this current school board is spending money recklessly to re-open a school that needs to be remain closed. We can empathize with HERO wanting to keep their community school, but with these hard economic times, we just can’t afford to do this. Each and every one of you, like me, is being pounded with high costs: from gasoline for our cars, groceries, prescriptions,healthcare, and the list goes on. You may be told that your taxes won’t increase with the re-opening of Elderton, but the truth is, within the year 2011-2012- your taxes are going to go up- and it’s going to hit each and everyone of us big time. Do not let a school board member tell you otherwise. They have one agenda and that is to re-open Elderton- with total disregard to the taxpayers of this district. I have no personal agenda. I don’t own a business, I don’t have students in school, I’m not a teacher in the district- but I am a taxpayer, and I’m sick and tired of having school board members who are ramming false statements down our throats. Solak wants Elderton to re-open because he’s afraid of what will come next- closing FC. Stitt and Smeltzer want Elderton to remain open because that’s the area they live in ( I can at least see this- but don’t agree with it) Yassem has no clue- she’s new and listening to what she’s told to do and Elderton does not affect her area. I’m not sure what is going through Monroe’s head. And Markilinski- he’s another story. He hasn’t gotten his facts straight yet- even when being told by the state that the PSSA scores at Lenape follow the students from their home school. If we were a county that could afford community schools- none of these arguments would be going on- but we can’t afford to re-open a school, renovate it to the tune of $24 million that will possibly house 150 students (7-12). Money was being saved by these students going to West Shamokin and Ford City, and they were offered a better chance to take classes that could not be offered to them at Elderton because of small class sizes. There is one more VERY important issue that you need to understand. The Pension PLan fund- this needs to be paid, and starting in 2011-12- the district will have to start pay back— this is when your taxes will increase, and every year after that. So to spend money on a building that should not be re-opened when we have this huge debt to pay- doesn’t make sense. Would you go out and buy something extravegant if you knew you had a debt coming due that needed paid? I doubt it. Yet, the board will make this decison for you, and any ideas you may have had about treating yourself or, better yet- having enough money to live on will become a moot point- your taxes will increase. If you don’t like what you’re hearing- contact your school board member.
By mcfee, March 8, 2010 @ 1:15 PM
ASDpayer: if you are going on the handout from the board mtg. that was just an estimated cost of the computers, etc. that does not mean they are in the building ready to be installed. And if anyone is telling you they are sitting in the building to be installed, they don’t know what they are talking about and maybe you should be getting your information from someone else. And to Jan – talk about “false statements” being “rammed” down people’s throats, your previous post is full of them! But as long as you believe them, I suppose that is ok. I respect that everyone is entitled to their own opinions, but those opinions should be based on what they know as fact not heresay.
By Jen16226, March 8, 2010 @ 2:29 PM
You are correct Jan.
Along the lines of having champagne taste with a 6 pack budget.
You just do not spend what you do not have. And to count on the state for anything monetary is another not so smart move….look at the trouble the state is in financially!
Also……if the board had some sort of financial plan in place prepared for the re-opening of Elderton, I would have thought by now they would have showed that. So that does not give me any confidence either.
By way to go, March 8, 2010 @ 6:53 PM
mcfee:
Not sure where you have looked as far as “all” elementaries have been remodeled since 1994. There is one that has not had any work/renovations since 1973 other than a new roof!
I am glad that people are taking an interest in this district, hopefully it will be a great place again oneday and with a new board of directors.
By scott_starr, March 9, 2010 @ 9:03 AM
@mcfee:
so if I understand what you are saying, as soon as a school is eligible for renovation, it should be done regardless if the district can afford it or not, no matter the number of students and so on?
For your information, BOTH East Franklin and North Buffalo were “due” their renovations but it didn’t happen because they were closed.
I think Spaces Corners is up for renovation as well.
By Jan, March 9, 2010 @ 9:12 AM
Mcfee- could you be more specific as to what statements I made that were nonfactual? I mentioned the Pension Plan fund- that’s a fact. You can get that information anywhere. That is one area that, if you noticed, the board is not willing to discuss. Ask your state representative about this- he can tell you. He’s non-partial and will give you the information you need. Other comments I made dealt with the current economy in this district.Are you seeing something different than me? If so, point it out because I’d love to see where in this district we are seeing booming times and employment. Where do you buy gas and groceries? I don’t beleive that my statements are an opinion- I beleive them to be facts and if you aren’t willing to see the facts, then you will be the one scratching your head in another year trying to figure out how to pay your taxes and having nothing to show for it. If you want some answers, again, find out more about the pension plan fund- these numbers are staggering. I didn’t make them up.
By Jen16226, March 9, 2010 @ 12:21 PM
McFee…..
I would like to know what you feel are false statements in Jan’s post?
By mcfee, March 10, 2010 @ 1:11 PM
Sorry w-t-g, I forgot to check out when SVE had their last renovations. BUT there was a plan by the board in 2000 to renovate ALL elem. with a minimal tax increase to pay for them all and it was voted on by the board to implement in 2001. But instead of carrying out that plan all at once, they did it piecemeal with an overpriced architect firm and the rest are still waiting. If the work had been done concurrently everything would have been done by now and the needs of the rest of the buildings would have been next. And no S.S. I didn’t say that as soon as the 20 yrs. were up, renovations, etc. should be done. Please refer to what I just wrote. And the district doesn’t own Spaces anymore.
Jan if you had just stuck to the pension plan dilemma, I wouldn’t have said anything but the misinformation you also included was – taxes are going up if EHS is reopened – no one knows this yet; Ms. Yassam is listening to what she’s told to do – I am sure she has a brain in her head and is quite capable of making her own decisions. I don’t understand why it is inconceivable for some to believe that just because board members are voting the same on some issues that they couldn’t possibly be voting the way they want to and not the way others are telling them to. No one made the same statement when Mr. Rearic, Mr. Choncek & especially Mr. Close continually voted the same as Mr. Rupp; it will take $24 million to renovate EHS, no one knows this yet either because the architect firm that was hired said it would take at least 3 months to complete the study; kids from EHS were offered a better chance to take classes that could not be offered at EHS – I know an instance of a class that couldn’t be scheduled for a student at FC isn’t even offered at WSHS and there are 2 students from FC who travel everyday to KHS to take a class they can’t take at FC. If sending the students from EHS to the other schools broadened their capabilities of taking any class they wanted to (as well as any student already attending these schools) then the above mentioned scenario shouldn’t be happening. I contend that there are still only 8 periods in a school day and only “X” amount of students who want to take those classes no matter where they attend school, whether it be in the ASD or at a school that has 600 students per grade.
By Jen16226, March 10, 2010 @ 1:35 PM
Mcfee,
How do your propose that the district is going to afford to pay for EHS back on the books(Utilities, salaries, regular maintenance, etc.), the renovations only needed for the reopening and preparation of EHS, this years pension payment, save for Next years whopping increase of the teachers pension plan and deal with all of the regular day to day expenses in the district? And do not forget, the district is supposed to also keep 5-10% of the budget in the general fund…….just that amount alone based on an $85,000,000 budget (and I will 8% in this) is $6,800,000.
Again, I ask, what other way is the district going to pay for all of these things? Short of selling property, the only way I see, is raising taxes. Which is why the board passed a resolution at the end of 2009 to approve such a measure if they deemed it neccesary.
If that is not the boards intent, instead of them saying “We are trying not to raise taxes” “who said we are raising taxes” let them show a plan…..then I MIGHT believe it.
By scott_starr, March 10, 2010 @ 1:39 PM
mcFee Said:
kids from EHS were offered a better chance to take classes that could not be offered at EHS – I know an instance of a class that couldn’t be scheduled for a student at FC isn’t even offered at WSHS and there are 2 students from FC who travel everyday to KHS to take a class they can’t take at FC.
————-
Thank you for making our point.
smaller student population = less varied curricula.
By Bolt Upright, March 10, 2010 @ 2:58 PM
Mcfee: Now it is you who are not posting factual statements. People, especially HERO members, did call the board members who voted the same way as Mr. Rupp a name. They were called the Rupp Troop. And if you agreed with their agenda, you were automatically inducted into the Rupp Troop by these not so nice HERO members.
By Jan, March 10, 2010 @ 3:33 PM
McFee,
I’ll address the issue of students taking classes in other buildings, since education is my background. In any given school, students schedule classes that they want to take with the help of their guidance counselors. There is always a possibility that if a student has scheduled more classes than they can fit in, or there are only so many sections of a class available, that student may not get the class they want- they may have to choose between several or, as you stated, they can go to another school to get the class. IN the state of PA, every school has to offer what they call a Program of Study- this means that there is a set curriculum in place for every school that must be offered. However, if student numbers are low, this sometimes creates an issue. This happens in any school in PA. With the case of Elderton, they have low enrollment numbers and this by itself creates another problem of trying to offer a class where only (let’s say 4 students schedule it. This is not feasible to do. In the case of Elderton- the way they handled this situation was to bring in various grade levels into one classroom and have one teacher teach several different subjects. How is this educationally sound? It is a known fact- anywhere, that smaller student populations create problems as per scheduling classes and sometimes the school will opt not to offer it.
As per the tax increase- you can choose to beleive it or just wait around until you get your tax increase-which you most likely see in the year 2011-12. The projected cost of $24 million to renovate Elderton came striaght from the ASD Board Report- we just made it known, but if you don’t beleive it, go and look for yourself. The costs could be lower, or, they could come in higher. The last I heard, when the architectural firm went in to Elderton to start looking at what needed done- they looked at the floors (which are asbestos) and said they all needed to come out. Prior to that, we were told they could put a special coating over them to seal them. The $24 million, as Jen stated above, encompasses not only renovations, but maintenance, hiring teachers and other staff, etc. Again, that figure came right from your school board memebers.
As per Yassem, I can’t speak to her intelligence, but for what it’s worth, I’ve never heard her utter more than a “yes”/”no” at a meeting. With everything that is being talked about within a meeting, I would think she would have something to say. Here’s the point- you have an opinion, and you’re entitled to that. We/I will willingly answer any of your questions, and we attempt to keep our statements factual. That is our agenda. Since we can’t facts from the Board, someone has to get them out to the people.
By Ruscoe, March 10, 2010 @ 4:35 PM
Bolt Upright:
I think you nailed it on the head, but you did not even notice it.
The antagonism is genrated on both sides. Neither side is polly-purebread in all of this. Rupp was right up there with MJM as being a disruptive element on the board. The pendulum has swung and now the other side is doing the same thing.
We have to get away from this tit-for-tat game that is being played. Both sides are wrong to a degree. None meet the qualifications of being righteous.
Look at the meeting the other night. MJM calling out another board member and accusing him of being dumb and stupid. How professional! BUT, you had Mr. Close feeding into the flaming with his childish train whistle sounds. That is the most active I have heard Mr. Close.
And you people are claiming that we want to entice people to work here and live here??
The pendulum will swing, again, and the conduct will not change. This is what I have been saying. This has turned personal and it has turned ugly on both sides. A friend said this is politics, but I dis agree…these issues have become personal on both sides of the fence. Taking this to the bottom level is a choice. I am tired of the “Well, he started it” or “That is the way he acts, so why can’t I?”
Good luck on trying to find a resolution when you have actors on both sides who want to treat these matters with the mentality of a 3rd grade playground.
By rfullerton, March 10, 2010 @ 5:07 PM
mcfee:
I read your post about the history of renovations and did a little homework and here is what I believe you are referring to:
You stated that there was a “plan by the board in 2000 to renovate ALL elem. with a minimal tax increase to pay for them all and it was voted on by the board to implement in 2001″.
That is not exactly how it went down. Here is what actually happened and it was before Ms. Stitt was on the board.:
* There was a rational majority of board members
* A “study” of all district elementary building’s needs was commissioned (inclusive of re-drawing attendance lines)
*An initial assessment was performed by an architect firm
* Then Solak and Smeltzer insisted on including Elderton High School (even bumping it up in the queue) just because it was attached to the Elementary wing.
* Chaos followed
* The board opted to move to where there was no arguments that something clearly needed to be done. (West Hills) where schools had been quite literally neglected (nothing at all done to them unless a garbage truck hit a wall–which did happen) for 20+ years.
Then Stitt came about and:
* She insisted that a “vote” was taken to move forward with implementing the full Elementary study (including updating EHS).
- She was challenged by a former board member on more than one occasion to produce the resolution
- She could never do that because the vote NEVER happened.
* Solak and Smeltzer derailed progress and made the waters intentionally muddy by insisting that we now include High Schools in our “Elementary” study.
And that, ladies and gentlemen is exactly how the district started studying High School closures. Because in the minds of “rational people” you should consider something’s value before you commit to spending more money on it.
Along those same lines East Franklin and North Buffalo Elementary buildings were eligible for state reimbursement from 1980 until they were finally closed in 2006. That means that the last time those buildings had a real renovation was in 1960. Elderton started complaining about “being neglected” just about the time they became eligible for state reimbursement (they actually ratcheted up the “we’re so neglected cry”) in 1999. They only became eligible for state money in 2000. They were last updated in 1980.
The complete list of building updates can be viewed on asd-news.com
http://www.asd-news.com/page21.html
This data is in a table format at the very bottom of the page.
I hope this helps to answer any questions in regard to renovations.
By Mike Fichthorn, March 10, 2010 @ 5:16 PM
Yes Close, Rearic and Choncek voted with Rupp on most issues. The difference is that they were trying to SAVE the district money, not re-open a school that has no business being re-opened and costing us millions.
Nothing these six are doing is for the taxpayers or students. It’s all for their own greedy agendas. Why Rep. Pyle won’t step in and continues to allow his district to be the laughingstock of the state is beyond me.
By humbleopinion, March 10, 2010 @ 9:54 PM
Jan,
that was a great post above to the elderly… you need to publish that to the kittanning paper or editoral in the leader times to reach the elderly that doesn’t read the paper via email!! We need to start getting the word out to more taxpayers of this corrupt board!
By Ruscoe, March 10, 2010 @ 10:24 PM
There is no difference in the conduct or behavior of any school board member to act like MJM, Solak, Rupp or Close.
This is what stirs the pot on these issues. Grade school behavior while they try and hash out budgets worth millions of dollars.
Supporting this type of behavior for either side is detrimental to the ENTIRE process.
So, if I am reading correctly, if you support a certain faction of the board then they can act out any way that they want, but if their opinions differs from yours then, and only then, it is a negative thing.
The pendulum keeps swinging, and we wonder why there are no rational resolutions when we accept inappropriate behavior on the basis that it agrees with your opinions.
By Bolt Upright, March 11, 2010 @ 7:15 AM
Ruscoe: Voters need to stop voting for single issue school board members. Look at what MJM stated in one of his paid editorials. He said, “I decided to run for school board to help Dr. Jim Solak since he continually received verbal beatings…” You see, not one mention of the educational needs or concerns for the taxpayers in the main reason he wanted to be on the school board. When Dr. Solak runs for school board the signs I see in support of him read, “Keep Ford City schools open, vote Solak”.
By Jen16226, March 11, 2010 @ 9:31 AM
You are right BU…….and that is a sad state.
Something people need to remember with Dr. Solak is as an educator, why is he not offering insight as to scores or better materials for the kids? He should be heading up some sort of committee for this and he has not.
In 20 years of his being on the board, it has been the status quo…..no forward movement.
People need to become better informed.
By chelle, March 11, 2010 @ 2:27 PM
First i would like to say i understand both sides. However here is my opinion.
I do believe it is a poor choice to reopen Elderton school. The board is looking at this like they are spending free money. If they personaly had to pay for their choice would their feelings be the same. As a single mother of three kids i am telling you no it would not be. They are not looking at what is best for Armstrong as a whole.
Now with that said i also understand Hero side of this. My kids play sports and are very social in school. As a parent you want what you think is best for your child. However i have learned that alot of times we fail to listen to what our kids need. Times are alot different than what they use to be. So in the process of trying to keep them into a smaller school where you think they get more one on one time or whatever. You are making them unhappy.
My kids go to Ford City and they are jr.’s so i don’t want to hear well she doesn’t want Ford City to close. My kids have become friends with alot of the Elderton Kids. In the process of fighting what is best for us as parents and taxpayers. you have also forgot about these poor kids.
Many of the kids in Ford City do not want to go back to Elderton. They have settled in and made a spot on Cheerleading, football,and basketball teams and no one has listened to what these kids want.
i would almost bet that if someone would poll these kids that if they could decide to stay or go back you would be shocked to find that most would stay.
In that case would you want to spend all this money on what was to be 125 kids now cut in half??
By humbleopinion, March 11, 2010 @ 3:14 PM
it looks like Kansas City Missouri is making tough decisions closing schools due to declining enrollment as well as many Pittsburgh Public Schools, Catholic churches across the country etc…. IT IS 2010…it seems the best way to save money especially with declining enrollement.
http://www.google.com/hostednews/ap/article/ALeqM5itXI7J7kJ7Eka6sEx9IofeKycRqgD9ECJAA80
By mcfee, March 21, 2010 @ 9:20 PM
Mr. Starr – my point was that one of the reasons that was told that EHS should close was because the capability of taking any class that they wanted was not there BUT the possibilities were endless if they attended any one of the other high schools. I stated 3 instances that they could not. I don’t want to put words in your mouth so please clarify how I made your point – or, if I may, do you mean in a new consolidated high school there would never be any problem with the classes the students would want to take?
Bolt Upright – I have no knowledge of anyone calling those that voted with Mr. Rupp, “The Rupp Troop” but calling them that doesn’t necessarily mean that Mr. Rupp was telling them how to vote like someone accused Ms. Stitt of telling Ms. Yassam how to vote and that they are Dr. Solak’s puppets.
Jan – please refer to the point I made above to Mr. Starr. And if you would please tell me what teacher (or if not the particular teacher what grades and subjects) taught “various grade levels in one classroom several different subjects” I would presume in one period, so I can check with the administration about it. I had not heard this happened which I would also find appalling. But I still stand by my statement that there are still only 8 periods per day and only X amount of students who want to take any given class. I have a friend whose husband had the type of job where he got relocated quite often. Their sons always attended large high schools (graduating more than 600). I asked her one time if either of them ever had trouble scheduling a class they wanted to take. She told me of only one instance that it happened and the school (in Texas) tried to recruit other students to take the class. The attempt failed and her son chose another class to take.
Yes, $24 million quoted by the ex-architect firm who also quoted several million dollars of additions to WS to accommodate EHS students comfortably. Would you know the name of the firm who made the statement about the floors, or was that Hayes-Large also?
Rfullerton – actually you don’t have to clarify to me any of what I wrote about that happened in regards to the proposed building projects at that time. I stand by what I said as being factual but because you choose to reference portions of the biased asd-news.com website I won’t comment on too much more except that: 1. the resolution to include EHS in the study was voted on and passed by the “rational majority of board members,” before the study was done. EHS was included because a. it is housed in a building that also includes EE and b. the board wanted to add an auditorium to the building since the other high schools in the district had one. 2. referring to the vote on the resolution to improve the schools that the “former board member” is saying never happened, I guess there were a lot of stupid people around at that time, including Dr. Kerr, who thought the vote on the resolution DID happen. And if the resolution doesn’t exist, then the building projects for West Hills and LE were done illegally since no resolution was voted on by the board to do them. 3. the “re-drawing of the attendance lines” wasn’t discussed until it was an option put into the “non-existent” resolution. And by the way, the non-existent resolution can be obtained from the school district.
By Bolt Upright, March 22, 2010 @ 7:06 AM
Mcfee: The anti-taxpayer group HERO used the term Rupp Troop all the time in letters to the editor, message boards, etc. It’s meant to be derogatory. But a very recent example happened here. Look under the comment section of MJM editorial entitled “The Accomplishments of the Former ASD Board” and look for a comment left by Bobcat on March 20, 2010 @ 9:46 PM. He uses the term Rupp Troop.