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Tyrone Borough stands its ground in paper mill agreement situation

Tyrone Borough Council met Monday evening after an executive session to reveal what it was going to do now that Team Ten LLC has reneged on a deal agreed upon in August.
The opening of the paper plant in Tyrone falls into further doubt after two decisions made by council last night. The decision essentially reiterates council’s position as laid out in an August 12th letter to Team Ten LLC. That letter of agreement was never signed by Team Ten officials.
Officials from both sides met last week and the issue came up at last night’s meeting. The two motions both had to do with sewage issues that needed to be ironed out between the two parties.
The first motion addressed additional capacity.
“In the event some one came to the borough asking for additional capacity, that capacity would be coming out of the capacity that is part of the understanding the borough has with Team Ten,” said attorney Terry Goldstein.
He is a partner in a law firm with the borough’s solicitor, Larry Clapper. According to Goldstein, Clapper was not able to attend the meeting and Goldstein was subbing for him.
The first motion passed unanimously and did not grant any additional capacity than what the borough had previously stated it would agree to in the August letter to Team Ten.
“The other motion was to the assignability to any of the baseline capacity that is given by the borough to Team Ten,” Goldstein told The Daily Herald. “Team Ten wanted the option to assign the capacity if they sold the mill. Tyrone Borough’s decision is they did not want to do that.
“The borough is doing what it thinks is in the best interest of the borough and is being consistent with what was in the letter of agreement that was sent out to Team Ten in August,” he said.
“We want the agreement to remain the same as it was written on August 12th, said Tyrone Mayor Patricia Stoner. She then referred all other questions to the borough’s legal counsel.
The Daily Herald contacted John Ferner, president of Team Ten LLC, regarding Tyrone Borough’s latest actions. When asked what he thought about council’s latest moves he said, “no comment.” When asked when the paper mill would open he again said, “no comment.”
Finally, when asked if the company would be seeking legal advice and where the situation would go from here, Ferner again had no response.
The borough had previously said it did not want to delay the opening of the facility. Plans had called for the plant to open sometime this week.
But, without the agreement signed by both parties, the governing body, in this case, Tyrone Borough, cannot under federal law issue a permit to allow the discharge of industrial waste into the sewage treatment facility.