Commissioners want Leyzorek off SWA

The Pocahontas County Solid Waste Authority's president defended his refusal to pay solid waste fees Tuesday in front of the county commission, which was prepared to draft a letter to the Department of Environmental Protection asking for his removal from that board.

Commissioner Martin Saffer said he believed John Leyzorek's motive for not paying the $98 annual fee is an example of "his political dissatisfaction." Saffer said Leyzorek's refusal to pay sent a message to all people who pay the fee that they "shouldn't or didn't have to" and the green boxes must exist for the benefit of everybody. Leyzorek's actions undermine the will of the public to support the system.

Saffer asked that Leyzorek either resign voluntarily or pay the fee.

But Leyzorek, who has been on the SWA since 2005, did neither. He said he was not making a political statement in not paying his bill, but merely not paying for services he does not use. He also said he does not advocate that people stop paying the solid waste fees.

"That would be bad for everybody in Pocahontas County," he said. "Pay the fee if you use the service that is my strong position."

Leyzorek recited a laundry list of complaints about former SWA chair Ed Riley, one of two county commission appointments. He said the authority once had between $700,000-$800,000 and was able to pay its bills; however, the authority is now maintaining only $300,000, which Leyzorek said he thought put building a new landfill cell in jeopardy.

Some of that money has been spent in legal fees to make people pay up, according to SWA member Jim Burks.

"We'd have enough money to build a landfill if we'd quit paying Mr. Simms," Burks said. David Simms, an attorney from Elkins, represents the authority in legal battles to collect the fee from 10-15 percent of the county's ratepayers.

Simms was legally hired only after Leyzorek was an SWA member, Leyzorek noted.

"If this solid waste authority had played by the rules, we'd have had plenty of money," Burks said, noting that county businesses are not supposed to use the green boxes, but often do. "This has been a drain on our system for a fairly long period of time.

Leyzorek said Riley was a furtive leader who hid details not only from the public, but from the authority's other members, including hiring Simms and complaints against the authority.

He said the authority is now responsive to the public's inquiries.

Burks agreed.

"Our board is more user-friendly than it's ever been," he said. "It's run better the last year-and-a-half than it's run for the past 17 years."

Saffer also pointed out that the West Virginia Supreme Court had refused to hear an appeal by Doug Bernier on the payment issue. Bernier was one of several residents the SWA took to court about non-payment.

That denial will likely spark a move by the SWA to pursue other non-payers, including Leyzorek.

Leyzorek agreed that a class action law suit was the way to proceed.

Commission president James Carpenter said he had hoped Leyzorek would pay the fee and the conversation would be moot.
Since he didn't, Carpenter entertained the motion to write a letter to the DEP asking that it remove Leyzorek.

"If you're going to serve on the solid waste board, then you need to abide by the rules," Carpenter said.

Saffer's motion passed unanimously.

While the letter does outline the commission's reasons for Leyzorek's removal, it also is fairly complimentary of his tenure on the SWA.

"This matter is of some disappointment to the Commission as Mr. Leyzorek's leadership abilities are duly recognized and appreciated but many are greatly dismayed that his actions in this regard have undermined the ability of the Solid Waste Authority to carry out its mandated duties," the letter concluded.

Leyzorek had prepared his own letter.

"As Member and Chairman of the SWA, I recognize that the SWA must collect all moneys that the law allows it to, to pay for the essential services it provides. As an individual, I think the current system of paying for Green Box services must be improved, and I feel personally justified in not paying for what I do not use. But both as an individual and as SWA member, I urge everyone who uses the Green Box service to pay for it. And I caution all non-payers that the fee has so far been upheld in Court, and SWA must and will attempt to collect it. And I will continue to work, as my conscience dictates and as my Oath of Office requires, to make the system better and more legal," his letter said.