While members of the McKean County Solid Waste Authority said
Tuesday they and the county were essentially in agreement, they
were not ready to put it in writing.
After a brief session in which some bills and other business
were discussed, the board went into a closed session to hear its
attorneys’ advice.
While board chairman Mike Holtz said that the board and county
commissioners were in basic agreement on the four points that have
been matters of contention, and board member Bob Cummins moved that
all discussion be held in public, attorney Ken Joel advised that
reporters and the two county commissioners present be excluded.
Joel, of the Harrisburg law firm of Rhoads & Sinon, told a
reporter who questioned the need for a closed session that he would
be offering advice “on what’s in the best interests of the
Authority,” and that was “privileged information.”
Board member Terry Palmer noted that whatever came out of the
closed session would be more instructions to attorneys than
anything substantive.
There seemed to be consensus among board members that an
agreement in principle had been reached, and Holtz said that what
was left was merely “legalese,” language which needed to be
clarified.
Apparently there is essential agreement that the municipalities
may keep the money distributed to them by the SWA in December, that
any money left over after all the Authority’s obligations are
settled will be turned over to the county and that the county will
guarantee that SWA members will not be liable for any future claims
or liabilities.
On the fourth point of contention, how the money that goes to
the county will be spent, there seemed to be a difference of
opinion, mainly on the part of the attorneys.
While commissioners have said that they intend to put the money
into bond trust for capital projects, and some Authority members
said there would be “no strings” to the handover, Joel apparently
has a “differing opinion,” according to Chairman of Commissioners
John Egbert. What that opinion is was not made clear during the
meeting.
In the open part of the meeting, the board paid four of five
bills on a short bill list; payment of the fifth bill, a $10,000
one from Rustick, the company that bought the landfill, was
withheld after Cummins objected.
Cummins noted that the bill came through the landfill secretary,
who was once a SWA employee but now works for Rustick, and said
that he would like more information other than just that the
secretary recommended payment.
What the other bills were for was unclear, since the bill list
was not made available to reporters.
The board hesitated to pay the entire list, with Holtz saying
they would go over the $5,000 limit on expenditures set in a court
injunction.
Egbert and Commissioner Cliff Lane gave the board permission to
“stay current” with bills and to spend up to $10,000 without
further approval.
Holtz also talked about efforts to collect money still owed the
Authority, saying that he and accountant Ed Sleeman had made some
phone calls.
The delinquent Accounts Receivable apparently total more than
$80,000, but the exact amount was not clear, as the list was not
made available to reporters.


