Re: Unauthorized Votes on the Solid Waste Authority

 

Based on the provided records and meeting minutes, there are no specific votes recorded as a 3-2 or 2-3 split. However, the sources do mention the board's inherent "3-2 ratio" (three state appointees versus two local county appointees) which theoretically allows state interests to override local preferences.

Additionally, the records contain several other contentious, tied (2-2), and split (4-1 and 3-1) decisions. Here are the specific tied and split votes documented in the sources:

1. The 2-2 Tie: The Transfer Station Lease (February 18, 2026) The most consequential split decision occurred during a special meeting on February 18, 2026, regarding "Option 4"—a highly controversial proposal to enter into a 15-year public-private partnership with JacMal, LLC to build a new transfer station.

• The Vote: Because one board member had recently resigned, only four members were present. The initial vote resulted in two members (Dave Henderson and David McLaughlin) voting in favor of the contract, one member voting against, and one member abstaining.
• The Result: The SWA consulted the West Virginia State Ethics Commission, which ruled that an abstention must be counted as a "no" vote in this context. This resulted in an official 2-2 tie, creating a deadlock that effectively rejected the proposal. (Note: The board held a re-vote a week later on February 25, 2026, where the motion passed unanimously after members were warned that a failure to pass it would cause a "stopgap" in county trash disposal).

2. The 4-1 Split: Purchasing the Landfill Property (March 22, 2023) During a special meeting, the board held a split vote regarding the exact financial terms they would offer to purchase 42.18 acres of land for the landfill.

• The Vote: A motion was made to offer the original price of $3,200 per acre, but to subtract two lease payments the SWA had already made (totaling $18,000), leaving a final purchase offer of $116,976.00.
• The Result: The motion passed 4 to 1, with Chairman David Henderson casting the lone dissenting vote.

3. The 3-1 Split: Requesting DEP Enforcement (September 28, 2011) During a regular meeting, the board discussed the problem of businesses illegally using residential Green Boxes to avoid paying commercial tipping fees at the landfill.

• The Vote: David Henderson made a motion to write a letter to the West Virginia Department of Environmental Protection (DEP) requesting that state Conservation Officers enforce mandatory disposal laws against these businesses.
• The Result: The motion carried 3 to 1, with board member Doug Bernier voting against it.

4. The 3-1 Split: Paying an Employee's Insurance Premium (April 27, 2011) In a regular meeting, the board debated whether to cover a specific $50 monthly premium for an employee's Public Employees Insurance Agency (PEIA) health coverage.

• The Vote: The SWA normally paid 100% of premiums for full-time employees, but PEIA had recently added a $50 premium penalty for tobacco users. Because the employee was attempting to quit but was still subject to the penalty, a motion was made for the SWA to cover the $50 tobacco premium on his behalf.
• The Result: The motion carried 3 to 1, with Doug Bernier voting against it.