County Dismisses HAZMAT Vendor Request from Bigler Boyz

CLEARFIELD – The Clearfield County Commissioners dismissed the requested endorsement of Bigler Boyz to become a hazardous waste removal vendor when the matter failed to gain a motion during Tuesday’s regular meeting.

On April 14, attorney C.J. Zwick of DuBois requested the commissioners to endorse Bigler Boyz in becoming a certifiable HAZMAT vendor by the Pennsylvania Emergency Management Agency (PEMA).

The commissioners decided to table their vote in order to visit the Bigler Boyz facility. On Tuesday Zwick thanked Commissioners John A. Sobel and Mark B. McCracken for visiting Bigler Boyz for a comprehensive facility visit.

Zwick said because Commissioner Joan Robinson-McMillen, chair, didn’t participate in the facility visit, he would offer her the opportunity to ask questions during the meeting.

Robinson-McMillen called for a motion to consider the endorsement of Bigler Boyz as a HAZMAT vendor. When met with silence, Robinson-McMillen declared the matter as dead due to a lack of motion.

When Robinson-McMillen proceeded to the next item of business, Zwick interrupted to seek explanation on the lack of motion. Solicitor Kim Kesner said there wasn’t any need for the commissioners to respond.

“It is an individual decision by each commissioner to make a motion. There’s no need for an explanation,” said Kesner. He further explained that Zwick had previously filed litigation against the county, which is still pending.

“I have advised the commissioners to make no further comment that may aid Mr. Zwick in pursuing that litigation.” Zwick said for the record, he requested an explanation and didn’t receive one.

At that time, attorney William C. Kriner of Clearfield interrupted to speak in support of Bigler Boyz. He asked the commissioners if they had received his letter and their thoughts on it.

Robinson-McMillen replied, “We read it” to which Kriner said, “That’s not what I asked. I asked ‘what did you think about it?’” Kesner advised Kriner that the commissioners weren’t subject to his questioning.

Kesner told Kriner that the commissioners conducted a public comment period prior to old business. “You were late and it’s up to the chair to allow your comments,” he said.

Kesner told Kriner that the commissioners acknowledged receiving his letter and have received others as well as numerous phone calls. Kesner said he didn’t mean any disrespect; however, the county had pending litigation involving Bigler Boyz.

In 2013, Kesner said Bigler Boyz filed litigation against the county. Action, he said, had been dormant with no further prosecution of the matter by Bigler Boyz.  Kesner said a status conference has since been scheduled for May 19.

“I anticipate that in light of there being no action today that the lawsuit will proceed,” said Kesner. “I have advised the commissioners to have no further comment on this matter.”

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