A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 5th DAY OF FEBRUARY 2004 IN THE COURTROOM OF THE COUNTY COMMISSION LOCATED IN THE KANAWHA COUNTY COURTHOUSE IN CHARLESTON, WEST VIRGINIA, BEGINNING AT 5:00 P.M.
THE FOLLOWING MEMBERS WERE PRESENT:
W. KENT CARPER, PRESIDENT
HENRY C. SHORES, COMMISSIONER
DAVE HARDY, COMMISSIONER
THE ORDERS, RESOLUTIONS AND ORDINANCES AS SET FORTH
ON THE FOLLOWING PAGES WERE ADOPTED:
02-05-04 2004-074 Order Confirming and Approving Purchase Orders in
Excess of $4,999.99 to be issued by the Kanawha County
Commission Purchasing Department.
02-05-04 2004-075 Order Confirming and Approving Cash Disbursements to
be made by the Clerk of the Kanawha County Commission
for: General Fund.
02-05-04 2004-076 Order Confirming and Approving Cash Disbursements to
be made by the Clerk of the Kanawha County Commission
for: Special Fund.
02-05-04 2004-077 Authorization for the Clerk of the County Commission to
issue a Check from the General fund Line Item #001-
401.00-5-68.00 in the Amount of Eight Thousand Dollars
($8,000.00) Payable to the City of Charleston.
02-05-04 2004-078 Authorization for the clerk of the County Commission to
void Check Numbers 256, 268, 281, 287, 292 and 294
from the Sheriff’s Fiduciary Insurance Recovery Fund per
the Attached Memorandum form the Sheriff’s Department
and to reissue a check to the State Treasurer’s Office for
the Aggregate of said Checks ($2,056.16).
02-05-04 2004-079 The Kanawha County Commission hereby approves the
following overtime, with the detail attached hereto, for
Kanawha County Commission employees for the pay
period ending February 15, 2004, For hours worked in the
pay period of January 16, - January 31, 2004.
02-05-04 2004-080 Resolution recognizing “Red Dress Day” – February 6th –
Women’s Heart Disease.
02-05-04 2004-081 Resolution in Support of Amendments to Emergency
Medical Services Retirement.
02-05-04 2004-082 Order Confirming and Approving Orders Entered by the
Clerk of the County Commission (Probate)
02-05-04 2004-083 Appointment of David Fletcher to the Kanawha County
Public Safety Grant Committee.
02-05-04 2004-084 Authorization for the President of the Kanawha County
Commission to sign Elected Officials Approval Form
Pursuant to Section 147 (f) of the Internal Revenue Code
of 1986 as Amended for Handley VFD.
02-05-04 2004-085 Authorization by the Kanawha County Commission for its
President to Execute a Grant Application (FY 2004-2005)
between West Virginia Division of Criminal Justice
Services Victim of Crime Act Assistance Grant Program
(VOCA) and the Kanawha County Commission for the
Kanawha County Prosecutor’s Office.
02-05-04 2004-086 Authorization by the Kanawha County Commission for its
President to Execute the Intent to Accept Funds Form for
the Direct Funds in the Amount of $14,045.00 for the
Juvenile Accountability Incentive Block Grant.
02-05-04 2004-087 Order Authorizing the President of the County Commission
of Kanawha County to Execute Financial Status Reports
for the 2000-LB-BX-0452 Local Law Enforcement Block
Grant.
02-05-04 2004-088 Order Authorizing the President of the County Commission
of Kanawha County to Execute a Financial Status Report
for the 2003-LB-BX-2616 Local Law Enforcement Block
Grant.
02-05-04 2004-089 Order Authorizing the President of the County Commission
of Kanawha County to Execute a Financial Status Report
for the 2002-LB-BX-1899 Local Law Enforcement Block
Grant.
02-05-04 2004-090 Dog Fund #03 – Kanawha/Charleston Humane
Association.
02-05-04 2004-091 Establishment of the “Public Safety Law Enforcement &
Fire Service Levy Fund” #29.
02-05-04 2004-092 Approval of Erroneous Assessment Exonerations
submitted by the Kanawha County Assessor.
02-05-04 2004-093 Order Authorizing President to sign Letter an Agreement of
Amendment, Consent, Waiver and Release
Pledge of Allegiance – Commissioner Shores
Presented by: Megan Withrow and Coach Scott Tinsley - Nitro High School
Moment of Silence and Recognition
INTRODUCTION OF NEW EMPLOYEES
Susan E. Shell, Assessor’s Office, $8.00 per hour, Temporary
Linda R. Russell, Sheriff’s Dept–Tax, $20,000 annually, Permanent
Replacing Mindy Rife
Mary Dana Caldwell, Sheriff’s Dept-Tax, $10.00 per hour, Temporary
Meghan D. Davis, Sheriff’s Dept -Tax, $20,000 annually, Permanent
Change in Status from Part-time to Full-time
Pamela S. Beard, Prosecuting Attorney’s Office, $10.00 per hour,
Temporary
Commissioner Hardy moved approval of the above new employees. Commissioner Shores seconded. Motion carried.
RESOLUTIONS
Resolution recognizing "Red Dress Day" - February 6th - Women's Heart
Disease
Commissioner Hardy moved for approval of the resolution recognizing “Red Dress Day”. Commissioner Shores seconded. Motion carried.
Resolution in Support of Amendments to Emergency Medical
Services Retirement
Commissioner Shores moved for approval of the Resolution. Commissioner Hardy seconded. Motion carried.
AGENDA ITEMS
Discussion regarding West Virginia Water’s appeal on rate ruling
Commissioner Carper
Danny Jones, Mayor of Charleston
Commissioner Carper stated the Commission along with the City of Charleston and the City of South Charleston in appealing the rate increase with the water company by intervention. Commissioner Hardy stated his law firm has been handling the case and, due to this reason, abstained from voting on this issue. Commissioner Carper moved to continue with the appeal before the Public Service Commission. Commissioner Shores seconded. Motion carried.
Introduction of Verizon’s President, Stan Cavendish
Commissioner Hardy
Due to unforeseen circumstances, Mr. Cavendish could not attend the Commission meeting. This matter will be rescheduled in the near future.
Discussion regarding selection of carpet for Judicial Annex
Commissioner Carper
Commissioner Hardy
Commissioner Shores
Bill Murray, Court Administrator
Allen Bleigh, County Manager
Jerie Whitehead, Purchasing Director
The Honorable Irene Berger, Circuit Judge
Commissioner Carper stated that Mark Porter from Carpet World had the price of carpet for the Judicial Annex. Mr. Porter stated the Statewide Contract Bid and the price would be $17,357.76, for 14,112 square yards at $1.23 per yard. Cost for labor is included in the contract with B.B.L. Carlton. Commissioner Hardy stated in his opinion the carpet should be of medium grade as the colors may change should a new Judge be elected. Commissioner Hardy moved for approval of the price on the carpet ($17,357.76). Commissioner Shores seconded. Motion carried.
Discussion regarding Commissioner Carper’s re-appointment to the
Kanawha County Emergency Ambulance Authority Board
Commissioner Carper
Commissioner Shores moved for Commissioner Carper re-appointment to the Kanawha County Emergency Ambulance Authority Board. Commissioner Hardy seconded. Motion carried.
Discussion regarding cable company request for implementation of franchise fee
Commissioner Carper
Marc Slotnick, County Attorney
Louie Southworth, Attorney for Jackson & Kelley
Mr. Southworth stated he was appearing before the Commission to discuss the issue of the implementation of a cable franchise fee for Kanawha County. Mr. Cerrelli appeared on behalf of Thompson Cable, which his company recently purchased. The contract was signed three weeks ago but state law requires the new company to get approval from the Commission in order to start upgrading the cable system. Mr. Slotnick stated in his opinion, this matter should fall under the Public Service Commission’s jurisdiction rather than the County Commission. After a brief discussion, Commissioner Hardy moved to reject the implementation of a franchise fee. Commissioner Carper seconded. Motion carried. Commissioner Carper moved to table the issue of a transfer. Commissioner Hardy seconded. Motion carried.
Presentation of GIS System by the Assessor’s Office
Commissioner Carper
Phyllis Gatson, Assessor
Harry Berger, Assessor’s Office
Assessor Gatson appeared before the Commission to discuss the GIS system. Mr. Harry Berger has been working on implementing the GIS system which will help Metro E-911; the County Planning Office (with better access to judging floodplains); and the County Clerk’s Office will better be able to show the precincts and how they are laid out. The GIS system should be completed and ready to begin using within the next few weeks. Commissioner Carper stated it was important to maintain the system or the information will become outdated. The State currently has set aside funds, which could be available not only to implement but also support this program.
Discussion regarding Kanawha County Public Safety Grant Committee
Commissioner Carper
Commissioner Shores
Mayor Larry Conley
Commissioner Carper stated there would be approximately $180,000 after the committed levy funds are distributed to the volunteer fire departments. Mayor Conley stated the committee is carefully reviewing requests from the fire departments prior to distributing any more funds to them. Commissioner Carper moved to send a Letter of Intent to reimburse Metro E-911 for $25,000. Commissioner Shores seconded. Motion carried. Commissioner Carper then moved to send letters to the co-chairs stating the Commission will reserve the final right to vote on the requests for additional funding. Commissioner Shores seconded. Motion carried. Commissioner Carper moved to set up a Special Revenue Account. Commissioner Shores seconded. Motion carried.
Discussion regarding project scope and status of the Kanawha Trestle Bridge Project
Commissioner Hardy
Gary Cammorato
Gary Cammorato gave a presentation of the Trestle Bridge project on the West Side. The proposal would include incorporating the trestle into an active rail trail for the general public and a future plan for future projects of this nature. Commissioner Hardy moved for approval of a letter of support from the Commission for the project. Commissioner Shores seconded. Motion carried. Commissioner Hardy stated it is his hope that CSX becomes more community conscious in working on the Rails to Trails project.
Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor
Marc Slotnick, County Attorney
Steve Sluss, Assessor’s Office
Commissioner Hardy moved for approval of the above Erroneous Assessment Exonerations. Commissioner Carper seconded. Motion carried.
Discussion regarding wireless access for forms, etc from the Voters Registration Office
Commissioner Carper
Commissioner Carper moved this matter to the next meeting.
Discussion regarding legislation changing annexation as well as other pending legislation
Commissioner Carper
Commissioner Shores
Mrs. Blake stated the purpose of this legislation would affect annexation by having the public hearing held prior to coming before the Commission. Commissioner Carper also discussed Senate Bill 231 that would allow the Commission to establish an enforcement agency to enforce flood plain regulations as well as helping municipalities who have not adopted a flood ordinance. Commissioner Hardy stated he was not familiar with the Bill and, therefore, did not feel he was in a position to vote on this matter.
Update regarding Ordinance/Moratorium restricting gambling/casino locations
Commissioner Carper
Susan Blake, Planning Director
Commissioner Hardy moved to approve the Ordinance/Moratorium as presented by the Planning Commission. Commissioner Carper seconded. Motion carried.
Update regarding AEP Office Building located adjacent to Courthouse Campus
Commissioner Hardy
Commissioner Shores
Commissioner Hardy stated a tour date would be presented to the Commission at the next meeting.
Further discussion regarding Synfuel Grant for 2004
Commissioner Carper
Susan Blake, Planning Director
Commissioner Hardy moved to approve the Synfuel Grant. Commissioner Carper seconded. Motion carried.
Discussion of Amended Consent, Waiver and Release between BIDCO and the Kanawha County Commission concerning restrictive covenants at Southridge Business Park
Commissioner Hardy
Commissioner Hardy stated BIDCO prepared a Amended Consent, Waiver and Release with regards to the property purchased by the Bible Center Church on Corridor G, which needed to be signed off on by the Commission. Commissioner Carper moved to follow the recommendation from Commissioner Hardy. Commissioner Hardy seconded. Motion carried.
Discussion regarding meeting dates for March and April
Commissioner Carper
Allen Bleigh, County Manager
Commissioner Carper stated it was important to set the meeting dates for the next two months. Commissioner Hardy stated his calendar was filling up in April and he would prefer not to meet on April 8th and 9th. Commissioner Carper stated he will review dates and try to accommodate each Commissioner’s schedule.
Update regarding Advantage Valley Partners
Commissioner Hardy
Commissioner Shores
Rick Atkinson
Due to unforeseen circumstances, Commissioner Carper moved this matter to the February 19th Commission meeting.
Discussion regarding FY 2004-2005 Proposed Budget and Related
Issues regarding proposed changes to the Health Insurance Fund
Commissioner Carper
Commissioner Shores
Allen Bleigh, County Manager
This matter was continued until the February 19th Commission meeting. Commissioner Hardy voted to vote on the Health Fund at the next meeting and implement the changes April 1st. This motion died for lack of second.
Discussion of policy on use of County Courtroom by visiting judges or other public officials
Commissioner Hardy
Commissioner Hardy stated he received a call from an Administrative Law Judge in Washington seeking use of the County Commission Courtroom for no fee. Commissioner Carper stated there were costs involved with housekeeping cleaning the Courtroom but he had no problem with a federal judge using the Courtroom but he would like to consider county agencies in the Courtroom first. Commissioner Carper also stated there may be use by the Circuit Judges during the renovations. Commissioner Hardy moved to allow Mr. Bleigh that should there be a scheduling conflict in the Courtroom, he will make the decision as to where to move the county agencies meeting.
Discussion regarding Witcher Creek water project
Commissioner Carper
Susan Blake, Planning Director
Commissioner Carper stated he felt this water project is a very significant project for 58 families. The Regional Development Authority has approved this and the Commission’s share would be approximately $94,000. Commissioner Hardy moved to set aside $94,000 for this project. Commissioner Carper seconded. Motion carried.
Discussion regarding request by Sheriff to void certain Sheriff’s Fiduciary
Insurance Recovery Fund Checks and remit payment to State Treasurer
as unclaimed funds
Commissioner Shores
Mark Boyd, Sheriff’s Tax Office
Commissioner Carper moved for approval of this request. Commissioner Hardy seconded. Motion carried.
Discussion regarding Victims of Crime Assistance Grant (VOCA) for
the Sheriff’s Department, including but not limited to deadline of
March 5, 2004 for application and letter from VOCA employee
Commissioner Carper
Jennifer Herrald, Grant Coordinator
Commissioner Carper moved to approve the grant pending Gail Teare’s signature is received by Jennifer Herrald. Commissioner Hardy stated he would not approve the grant unless the signature is received. This motion died for lack of second.
Discussion concerning donation of Kanawha County Commission property i.e. Transmission to the Clendenin Police Department