Allegheny County Executive Dan Onorato may have decided not to use the excess $12 million from drink and car rental taxes on roads and bridges, but the issue is not settled, County Councilman Charles McCullough said this afternoon.

Mr. Onorato still needs to ask County Council for permission to spend the funds as he has now proposed -- on capital improvements at the Port Authority -- Mr. McCullough said at a news conference this afternoon.

He and three local restaurateurs, filed suit against the county last month to stop it from using the excess $12 million on roads and bridges instead of for the county's Port Authority subsidy. Judge Judith F. Olsen ruled Friday the money couldn't be used for roads and bridges, but it could be used for other Port Authority expenses.

"[Mr. Onorato] needs to work with this council in light of this decision to re-open the budget and determine how to spend that excess money," Mr. McCullough said.

But Kevin Evanto, Mr. Onorato's spokesman, said County Council already appropriated $6.3 million in this year's budget for capital improvements at the Port Authority and have no say over where the money comes from.

"They already authorized that money to the Port Authority. We don't have to go back to re-open the budget," he said.

More details in tomorrow's Pittsburgh Post-Gazette.