Based on your source document and public records regarding the Dunmore Landfill land transaction, the primary officials on the Pocahontas County Commission and the Pocahontas County Solid Waste Authority (PCSWA) involved in or presiding during the waiver of eminent domain include:
1. Pocahontas County Commission
- John Rebinski (Commission President):
- Role: Rebinski confirmed that the County Commission allocated $155,000 in surplus federal COVID-19 relief grant funds to acquire the underlying landfill footprint directly from the estate of Jody Fertig.
- Direct Involvement: Rebinski publicly confirmed that the County Commission inserted the restrictive covenant directly into the acquisition deed. He noted that the PCSWA board had multiple opportunities to object to the covenant prior to closing, but failed to do so.
- Walt Helmick & Jamie Walker (Commissioners):
- Served on the three-member Pocahontas County Commission alongside Rebinski during this period and participated in county funding resolutions and joint meetings regarding solid waste operations.
2. Pocahontas County Solid Waste Authority (PCSWA) Board
- Dave Henderson (PCSWA Chairman / Board President):
- Headed the PCSWA board during the land acquisition, accepted the conveyance encumbered by the eminent domain waiver, and led subsequent board actions regarding landfill closure and transfer station proposals.
- David McLaughlin (PCSWA Board Member):
- Served on the PCSWA board during the land transition and transfer station negotiations (holding his seat until June 2026).
- Phillip Cobb (PCSWA Board Members):
- Active member of the 5-member PCSWA board during the period when the deed restriction was treated as a binding constraint.
- Mary Clendenen (PCSWA Office Administrator):
- Served as the administrative spokesperson for the PCSWA, authoring public statements detailing the negotiations with the Fertig estate and the history of the landfill lease.
Summary of the Transaction
The County Commission funded the $155,000 purchase of the landfill parcel from the Fertig estate on behalf of the PCSWA. The deed contained a covenant waiving the future use of eminent domain over adjoining family land. As detailed in your document, placing and accepting this perpetual restriction was an ultra vires act (beyond statutory legal authority) that is void ab initio under the constitutional Reserved Powers Doctrine.
- The first time, Rebinski said, was to ask for help finding a new location for a Green Box site near Durbin. And the commission provided them a free site at the former Howes Tannery site.
- The second time was when they needed money for the purchase of the county landfill site, which the SWA had been leasing, and the commission used $155,000 in unused COVID funds to buy the site for the SWA. He said the SWA is now complaining that the commission placed a restriction on the deed whereby the SWA could not use Eminent Domain to seize adjourning land to expand the landfill. Rebinski said the SWA had plenty of opportunity to object to that deed restriction, but did not do so.
- The third time occurred when the SWA asked the commission to pay them $300,000 for operation expenses. Rebinski said that while the funds were not available for that, they did offer money to help needy families on a case-by-case basis, who could not afford the projected higher Green Box fees, but the SWA, upset that they would not get their $300,000, opposed that idea.
- Jedi Hill, the Director of Mountain Quest, told the commissioners that the Green Bank Observatory is in serious danger of losing, or having seriously reduced, its federal funding and asked the commissioners to explore ways to help them.
- Marcy Crabtree, who moved here from Tennessee to escape the electromagnetic radiation, expressed concerns with increased WIFI near the observatory, and the radiation producing Smart Meters that Mon Power is installing in residences.
- Norman Phillips, who said he just moved here from Charlotte, NC and is at the meeting just to learn about the community.
- Linda Davis, who said she will not be able to afford the higher Green Box fees, and she only produces one bag of trash a month.
- Resolution #3 for the PMH Wastewater Relocation Project, paying $9,237 from the County's allocation to pay legal fees.
- Sheriff McCoy's request to donate $2,500 for the Sheriff Association's Youth Leadership Academy, which will be held at Glenville State in July and will teach youths, including some from Pocahontas County, about drug and alcohol abuse, violence prevention, responsibility and good citizenship.
- Two budget amendment revisions for the ARC Broadband Project, and approved Draw Request #27 from that project in the amount of $5,400 for engineering invoices.
- Advertising for a part-time employee at the Animal shelter.
- Transferring part-time EMT Dillon White to a full-time position at the Ambulance Service.
- SHARC Director Charles Evans request for $29,000 in Title III money for Wildland Fire and Search and Rescue programs.
- Publication of a “notice to bid” for a utility tractor for Courthouse grounds maintenance.
- Renewal the MindEase contract for Day Report for$30,000, to teach classes.
- General County Budget and in-house budget revisions.
- Certification of the Assessor's 2026 Personal Property and Land Books.
- The WVCORP Workers compensation/Insurance Proposal for this coming fiscal year at an estimated cost of $200,712, for Workers Compensation, Vehicle, and other insurances.
Source: Tim Walker Reporter for the Pocahontas Times and WVMR
