SMETHPORT -ðWhile a hearing is scheduled in McKean County Court
this morning on whether an injunction against the Solid Waste
Authority should be continued, there were signs Wednesday evening
that some negotiating may be taking place.

On Monday, President Judge John M. Cleland issued an order
requested by the county commissioners forbidding the authority from
spending any more money and telling them to comply with the
commissioners’ order to dissolve the authority.

That temporary injunction is good for only five days, and this
morning’s hearing was to argue whether it should be made
permanent.

But at a special meeting Wednesday afternoon at the McKean
County 911 Center, the SWA board approved a “consent order and
agreement” which will be presented to the judge this morning.

No details of what it contains were released.

The lone reporter present objected to the executive session,
saying that the board was going to discuss a deal with the
commissioners and that was a matter that affected to public.

While the reporter contended that the session would be more
about deliberations leading to a decision than legal maters, board
member Terry Palmer replied that it was important that the board
“not tip our hand” by making details of what they were thinking
public.

When the reporter protested that the battle would be at
taxpayers’ expense and only the lawyers would win, Palmer answered
that the board was intent on avoiding any large legal costs.

In hectic and unorthodox sessions Saturday, county commissioners
rushed through a resolution that ordered the SWA not to spend any
more money and to dissolve itself as soon as legally possible.

The SWA responded by holding a meeting on the street outside the
courthouse immediately after the commissioners met, and writing and
passing out checks to 13 municipalities with representatives
present.

Commissioners called that action illegal and petitioned the
court to order the SWA to obey their resolution, turn over their
assets and dissolve.

Cleland’s injunction Monday ordered compliance with the
resolution, but was temporary. The purpose of today’s hearing is to
argue whether it should be made permanent.

While the authority sees the refund to municipalities as a fair
way of seeing that everyone pays the same rate, commissioners
contend the municipalities do not deserve the money and that the
county should get whatever is left from the landfill sale to invest
for future capital projects.

The authority action gave $2.5 million to the county, and $1.3
to the 20 municipalities who paid a higher rate over the past two
years.

In addition to what the authority has spent and disbursed,
another $1.5 to $2 million remain from the sale.

Authority members have stressed that since Bradford City and
Township got what amount to refunds by suing, it is only fair that
other, more patient, municipalities get the same.

Chairman of Commissioners John Egbert said Monday “the important
thing is to stop the authority from giving away money,” but left
open the possibility that municipalities might get something if
they comply with certain conditions and stipulations.

Sources say that several SWA members met with commissioners
Tuesday, and that perhaps some sort of compromise is being worked
out.

The document the SWA approved Wednesday will apparently be made
public this morning at the hearing.

In other matters at the Wednesday session, SWA member Bob
Cummins asked for minutes of Saturday’s street session to show that
he had requested permission to speak at the commissioners’ meeting
and been denied.

Bill Belitskus asked the board what it intended to do about the
commissioners’ “Sunshine Law violations,” and Chairman Mike Holtz
replied that no decision had been made.

Belitskus also asked if anything more had been done about hiring
a recycling coordinator or if the issue had died.

Holtz answered that it was still alive, but the board has been
occupied with other matters.

“We’re trying to negotiate to keep the board in existence,”
Palmer said.

Chris Stovic questioned the board at length on past financial
matters, citing a line in the 1999 audit that referred to a 25
cent-per-ton charge on each ton of trash dumped, money he said was
supposed to go into a post-closure fund.

Stovic wanted to know how that 25 cent fee accumulated in “$4
million” he said the board had claimed was in the fund.

When Solicitor Tony Alfieri explained that Stovic was confusing
two different funds, and that the post-closure fund had been
accumulating for years, with part of it coming from a bond issue
when the state changed requirements almost 15 years ago, Stovic
accused the board of unlawfully issuing bonds for the wrong
purpose.

Chairman Mike Holtz explained that , however you look at it, the
bond issues went towards keeping the landfill operational and the
matters Stovic was complaining about seemed irrelevant and moot now
that the landfill had been sold and the bonds were being paid
off.