SMETHPORT -ðThe McKean County Solid Waste Authority authorized
its attorneys Monday to enter into negotiations with attorneys for
the county.

SWA Chairman Mike Holtz said the talks would “hopefully” result
in an amicable settlement of the issues between the two boards.

Those issues include whether the SWA had the legal right to
disburse part of the funds from the landfill sale to municipalities
and whether the county’s resolution ordering the SWA dissolved was
legally adopted last month.

Several board members at the SWA’s Monday meeting expressed
their determination that the money should not be spent paying
attorneys for court or other legal actions.

Exactly what the attorneys will be talking about is unclear,
since the board declined to reveal specifics.

When a reporter asked why outsiders – the SWA attorneys are from
Harrisburg and the county’s from Erie – were doing the talking
instead of the two boards negotiating directly, SWA board members
answered that there were “technical and administrative issues” to
be resolved.

The SWA last week filed legal challenges to the resolution of
dissolution commissioners passed Nov. 5, saying it is not legal
because insufficient time for public comment was allowed at that
hurried session.

And while the parties agreed a few days later to a truce until
Dec. 12, the SWA attorneys sent a letter to the county’s Erie firm
accusing them of violating the Consent Agreement and order by
“threatening” municipalities with a claim that the money the SWA
disbursed to them would have to be repaid.

The letter also points out that the SWA “… will present several
defenses, both from a procedural and substantive perspective to the
validity (of the resolution.)”

Those matters notwithstanding, SWA board member Terry Palmer
drew murmured agreement from several other members when he said “We
are very interested in solving this without spending money on
attorney’s fees.

While the majority of the board seemed to agree with that
statement, one board member urged legal action against
commissioners in another direction.

Bill Kilmer complained that commissioners seem to know
everything that happens in SWA closed executive sessions, saying,
“That’s gotta be stopped” and “I’m about ready to call the attorney
general.”

Kilmer handed out copies of a letter from Rustick officials
telling commissioners that the company would honor its agreement to
pay a per ton royalty even if the SWA were dissolved.

He noted commissioners apparently knew about a clause in the
sales agreement stipulating the payments would stop if the
authority was disbanded before it was public announced.

The fact that commissioners negotiated the separate agreement
without a public meeting is a violation of the Sunshine Act, Kilmer
charged, and demanded – “If this deal was made, what other deals
are there that we don’t know about.”

While he urged some action against commissioners on that
account, Palmer and Dave Fair asked what purpose that would serve,
and Fred Blackburn reminded “We’d just be spending more money on
attorneys.”

Palmer told Kilmer that the commissioners were only protecting
the county’s interests when they got the separate agreement from
the landfill purchasers – “We have a clause in there (the sales
agreement) that $10 million goes away if this board goes.”

When Holtz called for a motion to go into closed session to talk
with attorneys about the negotiations, Bob Cummins demanded “Why
not talk about it in public?”

Attorney Ken Joel said that there would be violations of
attorney-client privilege if the lone reporter were allowed to
stay, and an executives sessions was called.

After about 15 minutes of closed session, Joel and SWA Solicitor
Tony Alfieri left the room, along with secretary Sherri Gerner, and
board members talked among themselves for another half hour.