Pike County commissioners rescind host agreement with USA Waste subsidiary after legal briefing

Pike County commissioners voted 3–1 to rescind a host agreement with a subsidiary of USA Waste and Recycling following a special call meeting that included legal guidance from the county attorney’s office and a brief executive session.

The action came after commissioners said they had only recently reviewed the contract and worried that keeping it in force could expose the county to large future liabilities. Commissioner Lewis argued that continuing to allow the agreement to stand could leave the county liable for costs incurred by the company and said, “if the next physical court votes no, this county’s going to be bankrupt.” He moved to rescind the host agreement; the motion was seconded and carried on a roll call vote (Commissioners Scott, Atkins and Lewis voted yes; Judge Jones voted no).

Why it matters: Commissioners said the agreement had been circulated on social media and many residents had not had a chance to hear from the company. The court’s chair reiterated that because the meeting was a special meeting, KRS 61.823 limits action to items listed on the meeting notice and typically precludes public comment; commissioners said the company would be invited to present at the next regular meeting so the public could hear from them.

Legal advice and executive session: County counsel advised that the host agreement, as drafted, is a valid contract and that detailed discussion of potential damages or litigation strategy in open session could reveal the county’s legal positions. The attorney told the court, “if you’ve got specific questions, I would recommend that we go into an executive session,” citing the applicable provision the court invoked for discussing proposed or pending litigation. Commissioners voted to enter an executive session and recessed briefly for private legal briefing before returning and taking the rescind vote.

What the court recorded: The motion on the floor was to rescind the host agreement with the subsidiary of USA Waste and Recycling. The transcript records a roll-call vote in which three members voted to rescind and one member — Judge Jones — voted no. The county attorney said he could not discuss specific damage estimates in open session and recommended further legal discussion in executive session to avoid revealing litigation strategy.

Next steps: Commissioners said the company would be present at the regular court meeting next Tuesday at 5:30 p.m. to answer questions. The court adjourned after a closing prayer and formal roll call.