Tim Walker
AMR Reporter
The Pocahontas County Commission discuss-ed the proposed purchase of the landfill property and deed preparation at its August 6 meeting.
Jay Miller said that, even if they buy the landfill for the Solid Waste Authority (SWA), he is concerned that the SWA might not be able to remain solvent as they try to continue trash disposal in the county after the landfill closes. According to Miller, the relationship between the commission and the SWA has to change, with the commission taking charge of the landfill in a fashion similar to the way they do the hospital, since they are ultimately responsible to ensure waste collection continues post landfill closure.
“The golden rule is that whoever has the gold rules,” he said.
The commission voted to retain Mike Doss as its attorney to handle the purchase. Prior to that, Doss had been retained only to review the deed.
Josh Hardy, the new attorney representing the Fertig Family in this transaction, said he has delivered the deed to Doss and, other than for some rewording and clarification about the responsibilities for fence building, it is nearly ready to be presented to the commission and the SWA.
All the parties agreed that, since the lease is paid up through December, any remaining unused portion of the lease payment as of the date the sale is finalized will be subtracted from the selling price.
As agreement appeared close, Ed Riley, Chairman of the Solid Waste Authority cried out, “Wait! Wait! We need the commission to commit to supporting us, and will the deed be made out to the SWA or the commission?”
Commissioner John Rebinski said that whether the deed is in the commission’s name or the SWA’s name was still open for discussion, but he feels it would be easier for the SWA to get future loans if the property was in the SWA’s name, which is his preference, but he would accept putting it in the commission’s name since it could later be transferred to the SWA, if needed.
Commissioner Jamie Wal-ker then announced that if there is any reference in the deed to building a fence along the state right-of-way into the landfill, he would vote against the commission purchasing the landfill since he won’t agree to fencing a state roadway.
After all that, the commission decided to put off any additional motions until they see the finished deed and then they would work out any remaining differences or objections.
The commission also took up the agenda item of awarding the bids to build the 911 Center/EMS building. Miller also spoke against that project, saying the commission was involved in too many expensive capital building projects at one time. Rebinski gave a passionate speech refuting Miller’s claim, saying that for many years earlier commissions had neglected needed capital improvements, which is why there are so many projects that he feels this commission should build because they are needed.
Rebinski also said that because the bids came in too high for the 911/EMS project, he would need to come up with an additional $2.5 million to build both the 911 Center and the EMS bay, so until he obtains more funding sources, he will have to rebid the project in two phases. The first phase being the 911 Center alone, then down the road after he obtains more sources of grant money, they can advertise for the bids to build the EMS bay.
The commission also discussed the proposed purchase of the property next to the courthouse that in the future could possibly be used as a site for a courthouse annex or as an additional parking lot for the courthouse. Miller also spoke out against this because he feels they should not buy land until they have identified a use for it and hired an architect to design what they would put there.
Carla Miller (no relation to Jay Miller,) who owns property adjoining that lot complained that putting a new county building there will destroy the natural water flow, causing her property to flood and it would also destroy her peaceful backyard with noise and lights.
Commissioners Rebinski and Walt Helmick said they should buy it while it is on the market, to which Miller said they should pay a small option just to keep it from being sold to someone else until they decide what to do with it. Debbie Corbin, owner of the property, said she would not accept an option, and will sell it to someone else as quickly as possible if the county doesn’t buy it.
Walker indicated he agrees the commission is involved in too many capital projects, and should complete one before starting another one.
In other matters, Helmick brought up a possible visitor’s center for the Town of Durbin. He talked about how the Upper Pocahontas Community Coalition had examined turning the old Howes Tannery Office Building in Frank into a museum to preserve the history of the tannery, but gave up because of the poor condition of the building and the presence of asbestos there. Helmick wants to see a community group such as that establish a visitor’s center which would also serve as a historical museum for the tannery and also to possibly honor Bruce Bosley, who was a College Hall of Fame lineman while playing at WVU and later an NFL All Pro football player.
Helmick said they are still looking for a place in Durbin for this center, which would be built and maintained by private organizations. However, he said the commission would be willing to provide an architect for the project. Helmick said this would boost tourism in Durbin.
The commission also discussed renewing the West Virginia Division of Forestry’s lease with the to utilize space in the ARC building in Marlinton. They took no action on this after commissioner Rebinski and Day Report Center Director Jodi Zickefoose said that even though the Forestry Department only leases one small area of the building, they have stuff spread out everywhere in the building. The commission will invite a representative of the Division of Forestry to the next meeting to discuss this before they renew the lease for another five years.
The commission also approved to allow the West Virginia Department of the Environment Protection (DEP) to go on the county’s East Fork property to sample wetlands. They determined that the area of the property to be sampled is not near any of the areas the commission is planning to develop. The approved motion also requested the commission receive a copy of the DEP’s sample results.
The following contribution requests were approved:
1. The Tucker Community Foundation in the amount of $2,500 for their 2024 “Run For It” race.
2. Bryans Battery, Inc. in the amount of $1,500 to help fund the October 12 and 13 Battle of Droop Mountain Civil War Reenactment.
3. $2,500 for the Watoga Art in the Park Event which is held on August 31 and September 1.
In other matters, the commission approved:
• a change order and resolution in the amount of $23,967.45 to the PMH HVAC Project. This money from the grant will be used to pay invoices for the project.
• a resolution to pay invoices for the EPA Clean-up grant at the Frank Tannery site.
• a change order and a resolution for the BOE Demolition Project in the amount of $39,800 for an increase in the cost of the demolition. Cassandra Lawson explained this was because of necessary additional asbestos found at the site, however the added amount still leaves the project well within the amount of money available in the grant.
• hiring Kevin Thompson as a part-time driver for the County EMS Service
• adoption of the Emergency Absentee Voting Policy for the November 5 election.
The commission tabled a discussion about improving the look of the chains which restrict visitors from entering the front door of the courthouse; and whether a no pets policy should be enforced.
