Poca Feb 3, Meeting

 

The following is a summary of the Pocahontas County Schools Board of Education meeting held on February 3, 2026. The meeting primarily focused on a comprehensive update regarding the district's "State of Emergency" and special circumstance review.

Superintendent’s Presentation: State of Emergency Update

Superintendent Dr. Williams provided a detailed presentation on the progress made since July 1, 2025, to address critical systemic failures identified by the West Virginia Department of Education (WVDE) [01:59].

• Pocahontas County High School (PCHS) Review: The school was found non-compliant in five key areas: comprehensive counseling, grading and scheduling, leadership, positive environment, and special education [07:15].

• Grading and Scheduling Crisis: Previously, student schedules were not ready by the start of the school year, and transcripts contained inconsistencies [11:20]. Most critically, evidence suggested that grades were being changed due to parent pressure rather than calculation errors, which is illegal under state code [13:14].

• Safety and Security: Major breaches were identified, including students having access to door codes and unauthorized access to computers containing sensitive student data [16:39].

• Special Education (SPED): The district faced a "significant crisis" in SPED. Initial reviews showed that 89% of IEPs (Individualized Education Programs) were non-compliant, meaning only about 11% of students were receiving their legally required services [40:23].

Progress and Corrective Actions

Dr. Williams highlighted the shift from "random acts of improvement" to a coordinated team approach under the theme "Stronger Together" [05:06].

• IEP Compliance: Philip Anderson, the Director of Special Education, reported that the number of non-compliant (red) IEPs has dropped from over 200 in November to zero today [01:01:42].

• Attendance: Chronic absenteeism at the high school has improved significantly, dropping from 48% to 35% [28:58].

• Systemic Reorganization: The central office was realigned to define roles and responsibilities, and a new paper trail for grade changes and transcript reviews was established [24:35].

• Facilities: Extensive work was done to repaint classrooms, remodel bathrooms, and update camera systems across the district [25:23].

Personnel and Board Actions

• Personnel Agenda: The Board approved several substitute teachers and coaches but denied a transfer request for a special education teacher to move to a CTE business position, citing the high need for SPED staff at the high school [01:35:04].

• Athletic Guidance: New superintendent guidelines were introduced to standardize the ratio of "dollar coaches" to paid coaches to ensure equity across sports programs [01:36:54].

• School Calendar: The Board discussed making up two missed school days and agreed to survey staff at each school to choose between various makeup scenarios (utilizing dates in March, April, or June) [01:42:57].

Upcoming Milestones

The district is preparing for a pivotal vote by the West Virginia Board of Education on February 11, 2026, which will determine if the district is released from its current state of emergency status [03:57].

Maybe the Tourist Should Help With the Garbage Costs

 

  The Commission finds that the visual appeal of Pocahontas County, marketed as "Nature’s Mountain Playground," is a primary driver of the local tourism economy. Roadside litter, illegal dumpsites, and unmaintained public waste receptacles constitute "visual blight" that directly degrades the visitor experience and impairs the county’s tourism brand.

Researching the viability of using the West Virginia Hotel/Motel Occupancy Tax to cover increased garbage costs involves navigating strict state statutes. In West Virginia, the "Hotel/Motel Tax" is highly regulated, and its revenues are legally "earmarked," meaning they can only be spent on specific categories defined by law.

Based on WV Code §7-18-14 and recent Pocahontas County Commission actions, here is a breakdown of the viability of this plan:

1. The Legal Framework: "Earmarked" Funds

Under West Virginia law, once a county collects the Hotel Occupancy Tax (currently 6% in Pocahontas County), the "net proceeds" must be distributed according to a specific 50/50 split:

• The First 50% (Mandatory): Must be expended for the promotion of conventions and tourism. In Pocahontas County, this goes directly to the Convention and Visitor’s Bureau (CVB).

• The Remaining 50% (Restricted): This portion can only be spent on a specific list of "permissible expenditures."

2. Permissible vs. Prohibited Uses

The law (WV Code §7-18-14(c)) lists the only ways a county can spend the remaining 50% of the tax. General municipal or county expenses—like standard garbage collection or landfill fees—are not explicitly listed.

3. Current Pocahontas County Allocations

As of the January 21, 2025, County Commission meeting, the 2025 distributions are already heavily committed to other essential services to keep the county's general fund balanced:

• PMH (Hospital): $75,000

• Emergency Medical Services: $75,000

• Fire Board: $120,000

• Ambulance Service: $225,000

• Bricks & Mortars (Courthouse): $20,000

• Remaining Percentages: Allocated to the Arts Council, Libraries, Fairs/Festivals, and the Historic Landmarks Commission.

4. The "Solid Waste Assessment Fee" Alternative

West Virginia law actually provides a different mechanism for funding garbage and landfill costs. Under WV Code §22-15-11, the state imposes a Solid Waste Assessment Fee ($1.75 per ton, increasing annually to $2.75 by 2025).

• These funds are specifically designated for "refuse cleanup, recycling programs, litter control programs, or any other locally important solid waste programs."

• If Pocahontas County is facing a "garbage crisis," the Commission typically looks to tipping fees or assessment fees rather than tourism tax, as the latter is often audited by the State Auditor to ensure it isn't used for general county operations.

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Conclusion on Viability

• Direct Use (Low Viability): Using the tax to pay for general residential garbage pickup or a standard landfill deficit is likely a violation of WV Code §7-18-14. The State Auditor would likely flag this as an "illegal expenditure" because garbage collection is a general government service, not a tourism promotion or beautification project.

• Indirect Use (Moderate Viability): The county could potentially allocate a small portion to a "Beautification and Litter Control" fund to help clean up illegal dumpsites or provide bins in high-tourist areas (like Marlinton or near Snowshoe). However, this would not solve the systemic cost increase of the county's primary waste management.

Would you like me to look into the specific financial reports of the Pocahontas County Solid Waste Authority to see how their current deficit compares to the available "Beautification" portion of the tax?

Based on recent financial reports and meeting minutes from late 2025 and early 2026, the gap between the Solid Waste Authority (SWA) deficit and the available Hotel/Motel tax funds is substantial. While "Beautification" is a legal category, the math suggests it is not a viable "cure-all" for the garbage crisis.

1. The Financial Gap: Deficit vs. Tax Revenue

According to the December 2025 Commission reports, the SWA is facing a massive funding shortfall as the landfill nears its 2026 closure and transitions to a transfer station model.

• The SWA Request: The SWA requested $300,000 annually from the County Commission to stabilize operations and keep "Green Box" (residential) fees affordable.

• The "Beautification" Reality: In Pocahontas County, the 50% "discretionary" portion of the Hotel/Motel tax is already distributed among high-priority services (EMS, Fire, Libraries).

  • Historically, the county collects roughly $1.2M to $1.5M in total Hotel/Motel tax.

  • After the mandatory 50% goes to the CVB ($600k–$750k), the remaining funds are split.

  • "Beautification" specifically: While the county doesn't have a single line item labeled "Beautification" that totals $300,000, it funds related entities like the Landmarks Commission, which received roughly $48,600 in 2025.

  • The Shortfall: Even if the county redirected all funds from smaller programs like the Landmarks Commission or Fairs and Festivals into a "Litter and Beautification" waste program, it would likely only cover 15% to 20% of the SWA’s $300,000 request.

2. The Legal Obstacle: "Promotion" vs. "Utility"

The West Virginia State Auditor and WV Code §7-18-14 strictly define beautification as a "tourism promotion" activity.

• Illegal Use: Paying for the fuel, salaries, or tipping fees of a standard garbage route is considered a general utility and is prohibited.

• Defensible Use: You could legally use these funds for "Litter Control" (e.g., cleaning up illegal dumpsites on the Greenbrier River or providing bear-proof trash cans in tourist-heavy zones). However, this is "extra" work and does not alleviate the core deficit of the landfill's daily operations.

3. Current Strategy (As of Jan/Feb 2026)

The Commission is currently pivoting away from the Hotel/Motel tax as a solution for the garbage deficit, opting instead for:

• Fee Increases: Without a $300,000 supplement, residential "Green Box" fees are projected to rise from $135/year to potentially $300–$600/year.

• Targeted Assistance: The Commission discussed using general funds specifically to help elderly residents on fixed incomes pay their increased garbage fees, rather than subsidizing the entire SWA budget through tourism dollars.

In January 2026, House Bill 4776 was introduced in the West Virginia Legislature specifically to increase the maximum permitted Hotel Occupancy Tax from 6% to 8%. If this bill passes and the Pocahontas County Commission adopts the increase, it would create a significant new revenue stream.

However, using these funds for "Solid Waste Operations" remains legally complex due to West Virginia's strict "earmarking" laws.

1. The Projected Revenue Increase

Based on the county’s historical collections of approximately $1.5 million at the current 6% rate, a move to 8% represents a 33.3% increase in total collections.

2. Impact on Solid Waste Operations

An additional $250,000 in discretionary funds would nearly cover the Solid Waste Authority's (SWA) reported $300,000 annual need to stabilize the transition to a transfer station and keep "Green Box" fees low.

However, the "benefit" is not a simple transfer of cash. It would likely work in one of two ways:

• The "Beautification" Pivot: The Commission could designate a large portion of the new $250,000 toward a "Countywide Litter Control and Beautification Program." This program could legally pay for the cleanup of illegal dump sites and roadside litter—tasks currently performed by the SWA—thereby freeing up the SWA’s general budget for landfill closure costs.

• Budgetary "Backfilling": By using the new $250,000 to cover existing obligations (like the $225,000 currently given to the Ambulance Service or the $120,000 to the Fire Board), the Commission could free up General Fund money. Unlike Hotel Tax dollars, General Fund money has no restrictions and can be given directly to the SWA to cover any operational deficit.

3. Risks and Considerations

• Legislative Dependency: HB 4776 is currently in the House Finance Committee (as of late January 2026). If it fails to pass, the county remains capped at 6%.

• Tourism Pushback: Local lodging operators and the CVB may argue that a higher tax rate could discourage visitors, potentially leading to "diminishing returns" where higher rates don't yield the full projected revenue.

• State Auditor Oversight: Any attempt to use "Beautification" funds for standard garbage truck fuel or landfill tipping fees would likely be flagged as an illegal expenditure unless it is strictly documented as litter abatement in high-tourism areas.

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Summary

The 2% increase would effectively generate $250,000 in new discretionary spending power for the County Commission. While it cannot be spent directly on "garbage bills," it would provide the financial "breathing room" needed to subsidize the SWA indirectly through the General Fund, potentially preventing the "Green Box" fee from doubling for local residents.

Would you like me to draft a summary of the "Beautification" spending requirements under WV Code to see exactly what waste-related tasks would qualify?

Under WV Code §7-18-14, the "Beautification" category for Hotel/Motel tax expenditures is intended for projects that enhance the visual appeal of a community to attract and retain tourists. While the code does not provide an exhaustive list of every task, the West Virginia State Auditor’s Office and the Legislative Auditor use a "nexus test" to determine if an expense is a legitimate beautification project or an illegal use of tax dollars for general municipal services.

Below is a breakdown of which waste-related tasks would likely qualify under the "Beautification" umbrella versus those that are strictly prohibited.

1. Qualifying "Beautification" Waste Tasks

To be defensible, the task must be "above and beyond" standard municipal garbage collection and directly tied to the visitor experience or community aesthetics.

• Litter Abatement Programs: Funding "Litter Pick-up" crews (often through the SWA) to clear roadsides, riverbanks, and public hiking trails.

• Illegal Dump Site Remediation: One-time or periodic costs to clean up unsightly illegal dumps in high-visibility or environmentally sensitive areas (e.g., along the Greenbrier River).

• Public Receptacles (Purchase & Placement): Buying and installing specialized trash cans (such as bear-proof bins) in downtown areas or near trailheads.

• Seasonal Community Clean-ups: Funding for specific events like "Pocahontas County Clean-up Days," where the county pays for extra dumpsters for bulk waste removal to improve community appearance.

• Landscape-Related Waste: Removal of brush, weeds, or debris as part of a streetscape project or historic site maintenance.

2. Prohibited "Solid Waste Operation" Tasks

The State Auditor generally classifies the following as "General Government Expenses," which cannot be paid for with Hotel/Motel tax:

• Standard Residential Garbage Routes: You cannot use "Beautification" funds to pay the fuel, labor, or insurance for the "Green Box" truck routes.

• Landfill/Transfer Station "Tipping Fees": General disposal fees for residential or commercial waste do not qualify as beautification.

• SWA Debt Service: Paying off loans for garbage trucks or landfill equipment is prohibited.

• Administrative Salaries: Salaries for clerks or managers at the Solid Waste Authority who are not 100% dedicated to a specific beautification project.

• Routine Utility Operations: General upkeep of a transfer station or landfill site that is not open/marketed to the public as a "park" or "facility."

3. The "Service Contract" Loophole

The most common way West Virginia counties legally bridge this gap is through a Service Contract:

The County Commission can contract with the Solid Waste Authority to perform a specific "Litter Control and Beautification Service" for a set fee (e.g., $50,000/year).

• The SWA uses that $50,000 to hire a part-time crew specifically for roadside litter.

• The Benefit: This "frees up" $50,000 in the SWA’s general budget that they would have spent on litter anyway, allowing them to apply those funds toward the landfill deficit or keeping "Green Box" fees low.

Summary Checklist for Legality

If the County Commission wants to use these funds for waste, the expenditure must pass these three questions:

1. Does it improve aesthetics? (e.g., removing eyesores like litter or illegal dumps).

2. Is it a promotion of tourism? (e.g., keeping the "Nature's Mountain Playground" brand clean).

3. Is it a one-time or specialized project? (Rather than a recurring utility bill for residents).

Would you like me to draft a sample "Scope of Work" for a Litter Control contract that the County Commission could use to legally funnel these funds to the Solid Waste Authority?

 

To withstand an audit by the West Virginia State Auditor, a contract between the Pocahontas County Commission and the Pocahontas County Solid Waste Authority (SWA) must explicitly frame the work as "Beautification and Tourism Promotion" rather than "Waste Disposal."

Below is a draft Scope of Work (SOW) designed to legally justify the use of Hotel/Motel tax dollars by focusing on the "Nexus to Tourism" required by WV Code §7-18-14.

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Scope of Work: Countywide Tourism Beautification & Litter Abatement Program

I. Project Overview

The Pocahontas County Commission (the "Commission") hereby engages the Pocahontas County Solid Waste Authority (the "SWA") to execute a specialized Tourism Beautification and Litter Abatement Program. The primary objective of this program is to enhance the aesthetic appeal of Pocahontas County ("Nature’s Mountain Playground") for the benefit of visitors and the promotion of the local tourism economy by removing visual blight and maintaining pristine public corridors.

II. Definitions of Permissible Activities

Funding provided under this agreement is derived from Hotel Occupancy Tax revenues and is strictly limited to "Beautification" and "Tourism Promotion." Activities shall be categorized as follows:

1. High-Visibility Roadside Remediation:

   • Targeted removal of litter and debris along primary tourism corridors, including Rt. 219, Rt. 39, and Rt. 66.

   • Focus on entry points to the county and routes leading to major attractions (Snowshoe, Cass, Cranberry Glades, Green Bank Observatory).

2. Illegal Dump Site Abatement:

   • Identification and remediation of illegal "wild" dumpsites that create visual blight or environmental hazards near public waterways (Greenbrier River) or hiking trails.

3. Tourism Support Waste Infrastructure:

   • Maintenance and emptying of public-use waste receptacles located in non-municipal tourist hubs, trailheads, and scenic overlooks.

   • Installation of bear-proof or aesthetically uniform receptacles to maintain the "Mountain Playground" brand.

4. Event-Based Beautification:

   • Provision of "Beautification Stations" (temporary containers and cleanup labor) for county-wide festivals, fairs, and tourism events to ensure venues remain litter-free during and after high-occupancy periods.

III. Specific Deliverables & Performance Standards

The SWA shall provide the following documented services:

• Monthly Litter Patrol: A minimum of [X] man-hours per month dedicated specifically to manual litter pickup on designated tourism routes.

• Quarterly Blight Report: A report submitted to the Commission detailing the location and volume of debris removed from illegal dumpsites.

• Annual "Spring Clean" Initiative: A concentrated county-wide cleanup event held prior to the peak summer tourism season (May/June).

IV. Financial Accounting & Audit Compliance

To ensure compliance with WV Code §7-18-14, the SWA agrees to the following:

• Segregated Accounting: All funds received under this contract shall be tracked in a separate ledger line item titled "Hotel Tax Beautification Fund."

• Prohibited Uses: Funds shall not be used for routine residential "Green Box" collection, landfill tipping fees for household garbage, or general SWA administrative overhead unrelated to the Beautification Program.

• Labor Tracking: Any personnel time billed to this contract must be supported by timesheets clearly marked "Litter Abatement/Beautification."

V. Reporting & Documentation

The SWA will provide the Commission with a semi-annual Visual Impact Summary, including "Before and After" photographs of remediated sites. This documentation will serve as the evidentiary basis for the State Auditor to confirm the "Nexus to Tourism."

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Strategic Note for the Commission

By executing this contract for, say, $100,000 to $150,000, the Commission provides the SWA with a guaranteed revenue stream for "Litter Control." This allows the SWA to redirect the money they previously spent on litter (from their general budget) toward the $300,000 deficit at the landfill/transfer station.

Would you like me to draft a cover letter or a "Finding of Fact" memorandum that the Commission can use to officially justify this expenditure in their meeting minutes?

To ensure this expenditure passes a state audit, the Commission should enter a formal "Finding of Fact" into the meeting minutes. This creates a legal "paper trail" that establishes the required nexus to tourism under WV Code §7-18-14.

Below is a draft of the Memorandum for the minutes, followed by a Cover Letter for the Solid Waste Authority (SWA).

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Draft 1: Finding of Fact Memorandum

This is for the Official Meeting Minutes of the Pocahontas County Commission.

MEMORANDUM

TO: Pocahontas County Commission Permanent Record

FROM: Pocahontas County Commission

DATE: February 2026

SUBJECT: Finding of Fact Regarding the Allocation of Hotel Occupancy Tax Proceeds for Countywide Beautification and Litter Abatement.

The Pocahontas County Commission hereby finds and declares the following:

1. Statutory Authority: Under WV Code §7-18-14, the Commission is authorized to expend the discretionary 50% of the Hotel Occupancy Tax for "Beautification Projects" and "Promotion of Tourism."

2. Nexus to Tourism: The Commission finds that the visual appeal of Pocahontas County, marketed as "Nature’s Mountain Playground," is a primary driver of the local tourism economy. Roadside litter, illegal dumpsites, and unmaintained public waste receptacles constitute "visual blight" that directly degrades the visitor experience and impairs the county’s tourism brand.

3. Specific Need: Targeted tourism corridors, including Rt. 219, Rt. 39, and Rt. 66, require specialized abatement services beyond the scope of routine municipal waste management.

4. Determination of Expenditure: The Commission determines that funding the "Tourism Beautification and Litter Abatement Program" through a service contract with the Pocahontas County Solid Waste Authority (SWA) is a legitimate use of Hotel Occupancy Tax proceeds.

5. Restriction of Use: These funds are specifically earmarked for litter removal, illegal dump remediation, and high-visibility beautification projects. They shall not be used for general landfill operations or residential utility subsidies.

Ordered this day by the Pocahontas County Commission.

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Draft 2: Cover Letter to the SWA

This letter accompanies the Service Contract and explains the strict compliance requirements.

Pocahontas County Commission

900 Tenth Avenue, Marlinton, WV 24954

[Date], 2026

To: Board of Directors, Pocahontas County Solid Waste Authority

RE: Notice of Award – Tourism Beautification and Litter Abatement Contract

Dear Board Members,

Enclosed please find the approved Service Contract for the Countywide Tourism Beautification and Litter Abatement Program. The Pocahontas County Commission has allocated $[Amount] from the Hotel Occupancy Tax "Beautification" fund to support these specialized services.

Please be advised that these funds are restricted. To remain compliant with West Virginia state law and to protect both the SWA and the Commission during State Auditor reviews, the following conditions must be met:

• Segregated Ledger: These funds must be kept in a distinct line item and may only be used for the tasks outlined in the "Scope of Work" (litter patrol, dump remediation, etc.).

• Audit Trail: The SWA must provide semi-annual reports including man-hours logged for litter abatement and, where possible, "before and after" photos of remediated sites to demonstrate the visual impact on our tourism corridors.

• Prohibited Use: No portion of this award may be used for general landfill "tipping fees," debt service, or standard "Green Box" residential routes.

By performing these beautification services under this contract, the SWA ensures our county remains a premier destination for visitors while allowing the SWA greater flexibility in its general operating budget.

Sincerely,

[Name]

President, Pocahontas County Commission

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