Tim Walker
AMR Reporter
Pocahontas County Prosecutor Laura Kershner provided a legal opinion at the May 5 Pocahontas County Commission meeting about an email that Savannah Lambert had sent to the commissioners.
In that message, Lambert said that WV Code 7-1-3 states that the Solid Waste Authority (SWA) Board, as a county board, must have their members take an Oath of Office to legitimately be a member of that board, and since that was not done, their actions regarding creating a transfer station are not legitimate.
Kershner said that that section of the WV Code was passed in the 1970s, however it no longer applies as it was revised and replaced by WV Code Chapter 22-4-3 in 1989, which established local SWA boards as independent state organizations. She said it did allow counties to keep control of their local SWA boards, but to do so there was a long since passed deadline date to do that and Pocahontas County, like most counties, did not exercise that option.
She pointed out that as a result, WV Code 7-1-3, cited by Lambert, no longer applies. She said the County Commission is definitely not responsible for giving the oath of office to members not appointed by them, and the new law does not specifically say they have to give it to any SWA board member, so it appears that it is up to the appointing agency if they choose to do so or not.
County Clerk Missy Bennett said since her office can administer oaths, they are willing to do so for any SWA Member who wants it, but routinely they do so for county board members appointed by the commission.
During Public Input, Alan Wright talked a bit about the Solid Waste debacle happening in the county. He said that the SWA’s Attorney, David Sims had said at the last SWA meeting that not only had the SWA rejected the idea of charging green box fees for every legal parcel of property in the county, but even if they wanted to, only the County Commission or the state could impose such a fee. He asked each commissioner if they were willing to impose that fee. Commission President John Rebinski said no he would not, as did commissioner Thane Ryder, and commissioner Jamie Walker said he doesn’t plan on that, but there must be a way to generate funds for solid waste disposal in the future.
Commissioner Ryder added that at a recent meeting in Green Bank, a number of people accused him of being in league with JACMAL Industries because as a member of the Greenbrier Valley Economic Development Corporation (GVEDC) board, he voted for them to take control of the parcel of land that the Transfer Station was supposed to be built on at the county landfill. Ryder said he was not in league with JACMAL or any other disposal company, but voted to make that land subject to GVEDC control so that whoever might build a transfer station there would save property taxes and those savings will be passed on to the consumers.
Also at the meeting, the commission:
• approved Payment Resolution #20 of $375 from the EPA Tannery Project, and also approved requesting a 1-year, no cost extension for the EPA Tannery Clean-up project.
• approved a $2,500 contribution to Pocahontas Trails for its bike races.
• approved Resolution #11 in the amount of $448 for the PSD Thornwood Water Extension Project. Region 4’s Leslie Taylor said the project is being delayed because of habitat for an endangered Bumblebee being there, but it was being worked out.
• approved budget revisions and resolutions for FY 2025-2026.
• provided a letter of consent for Drannon Adkins to continue representing the county commission in a Civil Action case. This was necessary because Drannon has changed law firms.
• approved hiring Dakota Pritt as a part-time EMT for the county ambulance service.
• approved hiring Pattie McCarthy as a full-time Administrative Assistant for Day Report at $33,300 per year with benefits, starting May 11.
• approved hiring Frank Pennington as a new full-time employee for the County Clerk’s Office to start on May 11.
