CLEARFIELD- C.J. Zwick of Zwick Law, DuBois, representing Bigler Boyz Enviro addressed the County Commissioners at their board meeting Tuesday morning. Zwick first announced that they had filed a motion with Clearfield County Courts to dismiss a lawsuit originally file by Bigler Boyz Enviro against Clearfield County and Clearfield County Department of Emergency Management. Zwick noted that the action does not include the suit against a former employee of the county EMA.
Zwick asked that the commissioners respond to the “Right to Know” order from the PA Office of Open Records requiring that information be turned over to Bigler Boyz regarding phone conversations and statements made to and by the commissioners that affected the commissioners’ decisions in not awarding endorsement to them as a hazmat services provider in Clearfield County.
The commissioners had not acted at their April 28 meeting on a request from Bigler Boyz that the county replace their current hazmat services provider, Eagle Environmental of Centre County, with Bigler Boyz, due to lack of a motion.
According to Attorney Zwick, Bigler Boyz had filed an appeal with the state Office of Open Records when the County refused to turn over the requested information regarding notes from telephone conversations Commissioner Joan Robinson-McMillen had with individuals about Bigler Boyz.
Zwick also presented the commissioners with a statement of support with 65 signatures representing several township supervisors, other county officials, and area businesses, as well as additional letters of support from two townships and from BJW Fire Company, Woodland, all in support of Bigler Boys Enviro.
Zwick said it is important to have a local contractor that is close to handle local hazmat emergencies where time is critical, adding that Bigler Boyz is located in Clearfield County with local employees. He asked that the commissioners reconsider endorsing a contract with Bigler Boyz Enviro.
Attorney Zwick pointed out that Bigler Boyz had expanded their hazmat services business in preparation for the county’s endorsement, including hiring two environmental specialists previously employed through PA’s Department of Environmental Protection.
Robert Fisher, Bigler Boyz’ Hazmat coordinator and trainer, was previously an emergency response manager with DEP. James Green was employed with DEP as a waste management supervisor and on an emergency response team. He is an emergency responder for Bigler Boyz.
Zwick said Bigler Boyz has received all the operating permits from the state, but they cannot operate as a hazmat service in the county without the county’s endorsement. He added that the company had over 30 people hired with the planned expansion but had to cut back to only 10 full-time employees.
Solicitor Kim Kesner requested an executive session with the commissioners to discuss the open records order.
Upon re-adjournment, the commissioners approved to file an appeal to the county courts regarding the order for release of information from the state Office of Open Records dated June 15, 2015.