The financial landscape for the Pocahontas County transfer station is complex, primarily because the Solid Waste Authority (SWA) is choosing between building its own facility or entering a "lease-to-own" partnership with Allegheny Disposal (Jacob Meck).
The current dispute—and the reason for the potential "stopgap" in service—stems from a 2-2 tie vote on February 18, 2026, regarding which of the following financial models to adopt.
The Four Primary Options
Jacob Meck presented four distinct "lease-to-own" paths to the SWA. All involve Allegheny Disposal building the station at the current county landfill site.
| Feature | Option 1 (Preferred) | Option 2 | Option 3 | Option 4 (Fixed) |
| Lease Term | 15 Years | 40 Years | 40 Years | 15 Years |
| Monthly Payment | $15,952 | $10,986 | $14,836 | $16,759 |
| Annual Base Cost | ~$191,424 | ~$131,832 | ~$178,032 | ~$201,108 |
| Interest/CPI | CPI minus 2% | CPI minus 0.25% | CPI minus 1% | No CPI (Fixed) |
| Final Buyout | $960,000 + CPI | $1.00 | $1.00 | $1,103,495 |
| Maintenance | Included | Not Included | Included | Included |
Operational Cost Breakdown
Beyond the building lease, the SWA must cover the actual cost of disposing of the county's roughly 7,000 tons of annual trash.
Hauling & Tipping Fees: Estimated at $525,000 per year. This covers transport to the Tucker County Landfill at roughly $75.00 per ton (including fuel surcharges).
Total Annual Budget: The projected annual operating budget for the SWA would jump to between $1.18 million and $1.67 million once the landfill closes in December 2026.
Landfill Closure Costs: The SWA is facing a $3.2 million closure liability but currently only has about $2.4 million in its escrow account.
Impact on Citizen Fees
The "suspension" in the vote was largely driven by concerns over the resulting fee hikes for residents:
Current Green Box Fee: $135 per year.
Proposed Increase: Officials estimate fees will need to rise to $310 per year to cover Option 1 or 4.
The "$300,000 Variable": The SWA requested an annual $300,000 supplement from the County Commission. If granted, the Green Box fee might stay closer to $250–$300. If denied, some estimates suggest fees could spike even higher to maintain the service.
The "Stopgap" Risk
The SWA's engineering firm, Podesta, recently extended the landfill’s life expectancy to December 2026. However, because the SWA is deadlocked on which financial plan to sign, they cannot begin the 12-month permitting process required by the state. If a decision isn't reached soon, the landfill will close before the transfer station is legal to operate, leading to a total suspension of trash services.
Would you like me to look into the specific legal reasons behind the 2-2 tie vote, or perhaps find the criteria the County Commission is using to decide on that $300,000 funding request?
The February 18, 2026, deadlock at the Pocahontas County Solid Waste Authority (SWA) and the ongoing standoff with the County Commission are driven by a mix of specific legal interpretations and competing fiscal philosophies.
1. The Legal "Reason" for the 2-2 Tie
The tie was not a traditional 2-2 split. It was actually a result of an immediate legal consultation during the meeting regarding the weight of an abstention.
The Ethics Commission Ruling: During the special meeting, board member Phillip Cobb made a motion to accept "Option 4" (the fixed-rate plan) but then surprisingly voted against his own motion. Member Ed Riley, attending by phone, abstained.
The Legal Pivot: The SWA immediately called the WV State Ethics Commission to ask if a 2-1-1 vote (2 for, 1 against, 1 abstaining) constituted a majority. The Ethics Commission Chairman ruled that an abstention counts as a "no" vote in this context. This officially turned the tally into a 2-2 tie, meaning the motion failed for lack of a majority.
The "Why" Behind the Votes: Phillip Cobb’s dissent was based on a belief that the SWA should bypass a private partnership and instead self-haul trash to the Greenbrier County Landfill to avoid the projected $310 green box fee. Landfill Manager Chris McComb argued against this, noting the extreme costs of buying and maintaining a fleet of tractors and trailers.
2. Commission Criteria for the $300,000 Request
The Pocahontas County Commission has not outright denied the request but is evaluating it against a strict set of "Minimum Legal Obligation" criteria.
Ambiguity of WV Code: SWA representatives cited West Virginia Code that requires commissions to "support" their local SWA. However, Commission President John Rebinski has pointed out that the law does not specify the amount or type of support. The Commission’s primary criterion is finding the least expensive way to satisfy this legal requirement.
Targeted vs. Blanket Funding: Instead of a $300,000 blanket subsidy to the SWA, the Commission is leaning toward a targeted assistance program. Under this criteria, the county would only pay the fee increases for elderly residents and those on fixed incomes, keeping their rate at $135 while allowing the general fee to rise.
Competing Capital Needs: The Commission is weighing the landfill request against two other high-priority $1.5 million projects:
The new 911/Emergency Management building.
The mandate to provide 24/7 county-wide ambulance service.
The Bankruptcy Risk: The Commission is concerned that if they do not provide some level of support and fees hit $600 per year (the projected rate if the SWA goes it alone), residents will simply stop paying. They are evaluating whether the SWA’s only recourse—taking non-payers to Magistrate Court—is legally and logistically feasible or if it would lead to SWA bankruptcy.
Would you like me to look up the specific West Virginia Code sections mentioned in the meeting, or provide a breakdown of the "self-haul" cost estimates compared to the Allegheny Disposal lease?
The financial tension within the Solid Waste Authority (SWA) centers on a choice between total independence (Self-Haul) and private partnership (Allegheny Disposal Lease).
The primary difference is the shift from high upfront capital debt (Self-Haul) to a predictable operational expense (Lease). Here is how the two models compare:
Financial Comparison Table
| Category | "Self-Haul" Model (SWA Run) | Allegheny Lease Model (Option 4) |
| Upfront Capital Cost | $1.3M – $1.5M (Building + Trucks) | $0 (Included in lease) |
| Monthly Payment | Loan payments on ~$1.5M debt | $16,759 (Fixed lease) |
| Annual Op. Budget | ~$1,674,699 | ~$1,180,600 – $1,228,100 |
| Hauling Logistics | SWA buys 2 tractors (~$500k each) | Jacob Meck/Allegheny handles hauling |
| Equipment Maint. | SWA responsibility (High risk) | Included in lease agreement |
| Projected Fee | $300 – $600 per year | ~$310 per year |
Key Financial Differentiators
1. The "Million Dollar" Tractor Problem
The biggest hurdle for the Self-Haul plan is the equipment. SWA Chairman Dave Henderson and Board Member David McLaughlin noted that for the SWA to haul its own trash, it would need to purchase at least two tractor-trucks (at ~$500,000 each) and three "walking floor" trailers (at ~$109,000 each).
The Self-Haul Risk: If a county-owned tractor breaks down, the trash simply doesn't move. The SWA does not currently have the maintenance staff or backup fleet to handle a major mechanical failure.
The Lease Advantage: Jacob Meck’s company (Allegheny Disposal) already has the fleet and the mechanics. The lease payment covers the maintenance of the station and the specialized trash crane.
2. The Greenbrier County "Shortcut"
Board member Phillip Cobb’s dissenting vote was based on a theory that the SWA could self-haul trash to the Greenbrier County Landfill for a lower tipping fee than the Tucker County Landfill.
The Reality Check: Landfill Manager Chris McComb has argued that the fuel, wear-and-tear, and labor costs of making multiple daily trips to Greenbrier with county-owned trucks would likely negate any savings in tipping fees, potentially driving the annual budget even higher than the $1.67 million estimate.
3. The $600 "Death Spiral" Fee
Perhaps the most critical financial data point came from SWA member Mary Clendenen. She estimated that if the SWA builds its own station and loses Allegheny Disposal as a customer (which would happen if Meck builds his own private station in Green Bank):
The SWA would need a $600,000 annual supplement from the Commission just to break even.
Without that supplement, the "Green Box" fee for citizens would likely spike to $600 per year.
Officials fear this would lead to a "death spiral" where residents refuse to pay, forcing the SWA into bankruptcy.
Would you like me to look into the specific details of the "Option 4" buyout at the end of the 15-year lease, or should I check if there are any updates on the "Litter Control Officer" position the SWA requested to help enforce fee collections?
The details regarding the Option 4 Buyout and the status of the Litter Control Officer are central to how Pocahontas County plans to manage the financial "shock" of the landfill's closure this December.
1. The "Option 4" Buyout Details
Option 4 was specifically created by Jacob Meck (Allegheny Disposal) to address the Solid Waste Authority’s (SWA) fear of inflation. While Option 1 used a variable rate tied to the Consumer Price Index (CPI), Option 4 offers total predictability—at a premium.
Monthly Payment: $16,759 (Fixed for the entire 15-year term).
Total Lease Cost: Over the 15 years, the SWA would pay approximately $3,016,620 in lease fees.
The Buyout: At the end of the 15th year, the SWA has the option to own the facility outright for a final payment of $1,103,495.24.
Total Acquisition Cost: If the SWA completes the lease and the buyout, the total cost for the transfer station would be roughly $4.12 million.
Maintenance "Safety Net": The primary reason this option is being considered despite the high cost is that Allegheny Disposal remains responsible for maintaining the building and the trash crane for the full 15 years. If the crane breaks, it is Meck’s financial problem, not the county’s.
2. Update: The Litter Control Officer & Fee Enforcement
The request for a Litter Control Officer has become a high-priority "teeth" mechanism for the SWA. As the green box fees are projected to jump from $135 to $310, the authority is terrified of a mass "fee strike" or an increase in illegal roadside dumping.
Enforcement Powers: The SWA is pushing for an officer who has the legal authority to issue citations and bring non-payers into Magistrate Court. Currently, the SWA’s only recourse for unpaid fees is a civil suit, which is often more expensive to file than the fee itself.
Funding Status (February 2026): The SWA is currently applying for a WV DEP Litter Control Grant. These grants provide up to $5,000 in matching funds specifically for "enforcement projects."
Commission Stance: During the February 17, 2026, Commission meeting, the board discussed "Budget Revisions." While a full-time, county-funded officer hasn't been finalized, the Commission is looking at a split-role where a Sheriff’s Deputy or the Floodplain Coordinator handles litter enforcement part-time to save on benefits and salary costs.
The "Illegal Dumping" Concern: There is a growing consensus that without this officer, the landfill closure will lead to a spike in "open dumps" in the national forest areas as residents try to avoid the $310 fee.
Summary of the Conflict
The SWA is in a "Catch-22":
They need the Option 4 lease to ensure the trash actually leaves the county.
To pay for Option 4, they must raise fees to $310.
To collect those fees, they need a Litter Control Officer.
But the Litter Control Officer costs even more money, which the Commission is hesitant to provide.
Would you like me to look for the specific date of the next "tie-breaker" meeting for the SWA, or should I see if there's any news on the "senior citizen discount" the Commission is proposing for the green box fee?
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