A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 24th DAY OF JUNE 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:
6-14-04 2004-325 Authorization for the Clerk of the County Commission to issue a Check
from the General Fund Line Item #001-401.00-2-29.00 in the Amount
of One Thousand Five Hundred Seventy-Five Dollars ($1,575.00)
Payable to Mona Page Kelley, Conservator of Annette Cunningham
6-17-04 2004-326 Authorization for the Clerk of the County Commission to issue a check
from the Enterprise Community Economic Development Fund Line
Item #0033-431.00-4-57.00 in the Amount of Sixty Thousand Four
Hundred Four Dollars and Two Cents ($60,444.02) Payable to the
Upper Kanawha Valley Enterprise Community (USVEC)
6-24-04 2004-327 Order Confirming and Approving Purchase Orders in Excess of
$4,999.99 to be issued by the Kanawha County Commission
Purchasing Department
6-24-04 2004-328 Order Confirming and Approving Cash Disbursements to be made
by the Clerk of the Kanawha County Commission for: General Fund
6-24-04 2004-329 Order confirming and Approving Cash Disbursements to be made by
the Kanawha County Commission for: Special Fund
6-24-04 2004-330 Authorization for the Clerk of the County Commission to issue check
from the Fund #9 Line Item #009-442.12-2-30.00 in the amount of
Four Thousand One Hundred Nine Dollars and Thirty-Six ($4,109.36)
Cents to Kelly’s Creek Community Association in Conjunction with
The USEPA Brownfield Grant
6-24-04 2004-331 Order for Approval of Submission of Application and Certificate for
Payment on Judicial Annex Renovation Project Payable from United
Bank Trust Account to BBL Carlton per Attached Requisition.
6-24-04 2004-332 Overtime for Kanawha County Commission Employees for the pay
period ending July 15, 2004 for hours worked in the pay period of
May 30 – June 12, 2004
6-24-04 2004-333 Salary Adjustments for County Commission Employees
6-24-04 2004-334 Authorization for the Clerk of the County Commission to issue
a check from the General Fund Line Item #001-425.00-5-68.00
in the Amount of Fifty-Thousand Dollars ($50,000.00) Payable
to the City of Charleston
6-24-04 2004-335 Resolution for Family Day
6-24-04 2004-336 Resolution for Economic Development portion of Synthetic Fuel
Grant
6-24-04 2004-337 Resolution for infrastructure portion of Synthetic Fuel Grant
6-24-04 2004-338 Order Confirming and Approving Orders Entered by the Clerk of
County Commission of Kanawha County, West Virginia (Probate)
6-24-04 2004-339 Order Authorizing the President of the Kanawha County Commission
to sign a Contract and Resolution for the Juvenile Accountability
Incentive Block Grant Number 03-A-D-206
6-24-04 2004-340 Order Authorizing the President of the County Commission of
Kanawha County to sign a Grant Application for funding from the
Small Cities Block Grant Community Development Program for the
Kanawha County Demolition Program for Slum and Blighted areas in
The unincorporated areas of Kanawha County and the Towns of
Belle, Cedar Grove, Clendenin, East Bank, Marmet, Pratt and the City
Of Montgomery
6-24-04 2004-341 Order Authorizing the President to sign a Contract and Resolution for
the VOCA Grant, Number 03-VA-024 in the amount of $24,376.00
6-24-04 2004-342 Order Authorizing the President to sign a Contract and Resolution for
the VOCA Grant, Number 03-VA-017 in the amount of $22,777.00
6-24-04 2004-343 Authorization for the President of the County Commission to sign
Annual Memorandum of Agreement with the County Extension
Service Committee for the 2004-2005 Budget year
6-24-04 2004-344 Authorization for the President of the County Commission to sign an
Annual Contract and Agreement between the Kanawha-Charleston
Board of Health and the County Commission regarding the 2004-2005
Budget Year
6-24-04 2004-345 Merger of Green Valley Community Public Service District with the
City of South Charleston’s Sanitary Sewer System and the Dissolution
Of Green Valley Community Public Service District
6-24-04 2004-346 Order Authorizing the President of the Kanawha County Commission
to sign a Contract and Resolution for the Enforcing of the Underage
Drinking Laws Grant Number 04-UD-125 in the amount of $36,000.00
6-24-04 2004-347 Designation of Terry Sayre, Danny Haught, Mark Eden, Martin Tighe
and Brad Stewart as Litter Control Officers under Senate Bill No. 444
6-24-04 2004-348 Authorization for the President of the Kanawha County Commission to
sign an Underground Storage Tank Closure Assessment Report
6-24-04 2004-349 Authorization for the President of the County Commission to sign a
Business Signature Card for the Upper Frame Road Water Extension
Fund Bank Account at Bank One.
6-24-04 2004-350 Transfer of Remaining Fund Balance from the Soccer Development
Fund to the General County Fund
6-24-04 2004-351 Transfer of Remaining Fund Balance from Kanawha Home for
Children to the General County Fund.
6-24-04 2004-352 Approval of Erroneous Assessment Exonerations submitted by the
Kanawha County Assessor
Pledge of Allegiance – Commissioner Carper
Presented by: The Honorable Danny Jones
Moment of Silence and Recognition
INTRODUCTION OF NEW EMPLOYEES
Elizabeth Fox Nichols, County Clerk’s Office, $7.50 per hour, Temporary
Commissioner Shores moved for approval of the new employee. Commissioner Hardy seconded. Motion carried.
Michael L. Finney, Mental Hygiene, $23,690, Full-Time
Commissioner Shores moved to approve the hiring of Mr. Finney. Commissioner Hardy seconded. Motion carried. Due to the holiday, Commissioner Carper declared this matter an emergency item.
RESOLUTIONS
Resolution for Family Day
Commissioner Carper moved for adoption of the Resolution for Family Day. Commissioner Shores seconded. Motion carried.
Resolution for Economic Development portion of Synthetic Fuel Grant
Commissioner Hardy moved for adoption of the Resolution for Economic Development portion of the Synthetic Fuel Grant. Commissioner Shores seconded. Motion carried.
Resolution for Infrastructure portion of Synthetic Fuel Grant
Commissioner Hardy moved for adoption of the Resolution for Infrastructure portion of the Synthetic Fuel Grant. Commissioner Shores seconded. Motion carried.
AGENDA ITEMS
Discussion regarding procedure for grant applications, discussion to include but not be limited to the issuance of grants and the auditing of grants
Commissioner Carper
Commissioner Carper stated new procedures are needed for grant applications. This matter is continued to the July 1st Commission meeting.
Discussion regarding Homeland Security funding, discussion to include but not be
limited to a request from the Chief of St. Albans Police Department to alter their funding award and for said funding to be used for training and equipment such as night vision goggles instead of Mobile Data Terminals
Commissioner Carper
Commissioner Carper stated the Chief of Police for St. Albans was requesting the Commission and the Public Safety Committee allow the City to use funding from the Homeland Security funds for training and various equipment purchases rather than the purchase of MDTs. The Public Safety Committee members feel that at this time the purchase of MDTs is necessary in order to begin to build up the equipment in the police vehicles. Based upon the recommendation of the Committee, Commissioner Hardy moved to adopt the recommendation of the Committee. Commissioner Carper seconded. Motion carried.
Discussion regarding the Small Cities Block Grant Community Development Application, to include but not be limited to a discussion of "Operation Face Lift" and the approval of the grant application with a deadline of July 9, 2004
Commissioner Carper
Jennifer Herrald, Grant Coordinator
Terry Sayre, Deputy Director of Planning
The Honorable Larry Conley, Mayor of the Town of Belle
The Honorable Kenneth Barton, Mayor of the Town of Cedar Grove
The Honorable Donna Gillenwater, Mayor of the Town of Clendenin
The Honorable Charles Blair, II, Mayor of the Town of East Bank
The Honorable Billy Pauley, Mayor of the Town of Marmet
The Honorable Frank Morris, Mayor of the Town of Pratt
The Honorable Melba Lou White, Mayor of the City of Montgomery
The Honorable Damron Bradshaw, Mayor of the Town of Chesapeake
Ms. Herrald stated the County is applying for a Small Cities Block Grant in the amount of $525,000, which will be used to help demolish run down homes in the various municipalities. Commissioner Hardy moved for approval to allow the President to sign off on the application. Commissioner Shores seconded. Motion carried. Ms. Herrald stated $250,000 will be designated for the municipalities and $250,000 will be designated for unincorporated areas. A decision should be forthcoming in October. Commissioner Carper stated a meeting needs to be set up with Alex Macia to further discuss this issue.
Discussion regarding recent flooding in the Cross Lanes area
Commissioner Carper
Paula Lynch, Homeowner in Cross Lanes
Chris Hedges, Representing West Chester Village Association
Various community members stated their concerns over recent flooding in the Cross Lanes area and what they felt were determining factors. Commissioner Carper introduced officials (state and federal level) from FEMA, Danny Haught, Planning and Community Development, Mike Withers, Department of Natural Resources, Russ Campbell, West Virginia Conservation Agency and Bill White, Director of Emergency Services. This group went and met in order to make a determination of how to best resolve this problem.
Discussion regarding employment situation of Jeff Lanham
Commissioner Carper
Mr. Lanham stated he applied for and was approved for a position in Mental Hygiene and was told to turn in his resignation in the Assessor’s Office. While on vacation, he was informed he was not on the agenda to be hired. After appearing at the last Commission meeting, he was told to appear at this meeting. No explanation was offered by the Sheriff’s Department as to why he was not approved for the job. Mrs. Gatson, County Assessor, stated she had promised his position to someone and was unable to rehire him. Commissioner Hardy moved for the County to allow Mr. Lanham to receive unemployment benefits due to the unusual circumstances surrounding this matter. Commissioner Shores seconded for purposes of discussion. Commissioner Carper voted no due to an additional burden on the taxpayers and the County’s policy of opposing all unemployment claims. Commissioner Shores voted no on the final vote. Motion carried. Commissioner Hardy moved to reconsider the last vote due to the fact that the County may pay out more in legal expenses than would be spent on the unemployment claims. This motion died for lack of second.
Update on electronic voting machines
Commissioner Hardy
Hedda Haning, WV Citizens for HAVA
Commissioner Hardy stated Ms. Haning had articles printed in the newspaper as a representative for the Help America Vote Act group. Currently, the group reviews and monitors voting by electronic voting nation-wide and makes recommendations to various groups and officials based on their findings. Currently, the paper-trail of these machines can be changed as well as the software being hacked into and changing the votes. Ms. Haning also listed several other reasons for the software on the voter systems to be breeched. Commissioner Hardy requested Ms. Haning work with him on a committee, along with the incoming County Clerk, to make a determination of which machines might possibly be deemed purchasable for the County.
Update regarding Courthouse Exterior Restoration Grant Project, discussion to include but not be limited to bids received for project
Commissioner Carper
Jennifer Herrald, Grant Coordinator
Jerie Whitehead, Purchasing Director
Ms. Herrald stated a meeting is in the process of being set with the West Virginia Historical Preservation Committee regarding this grant. This matter was continued for further discussion at the next Commission meeting.
Update regarding Ned Chilton 911 Center, discussion will include countywide emergency ring-down notification system, countywide addressing as well as progress towards construction of the new center
Commissioner Carper
Carolyn Charnock, Metro
Ms. Charnock stated on July 8th, the bid opening for the new center will be held at 2:00 at the 911 Center. The addressing project has begun in the Elkview, Hernshaw and Sissonville. The ring-down system will be requisitioned on July 1st and is currently on track. Once signs are in place for streets, they will be maintained by the County.
Discussion regarding leave accrual for County Commission employee
Commissioner Carper
Allen Bleigh, County Manager
Mr. Bleigh stated Ms. Whitehead had leave accrual, which she was requesting would not reflect that she left the County and then returned within a year’s period. Instead of accumulating one day a month, she would continue to accumulate annual leave at a day and one quarter a month (4 extra days a year), which was previously approved by Stephen Zoeller. Ms. Lutz stated the starting date would need to be overridden in order to reflect this change. Commissioner Hardy moved to leave the annual leave as was approved by Mr. Zoeller. Commissioner Shores seconded. Motion carried.
Discussion regarding proposed settlement of KMART bankruptcy case
Commissioner Carper
Commissioner Hardy
Commissioner Shores
Mark Boyd, Sheriff’s Dept
Mr. Boyd stated attorneys for KMART were offering the County $.80 cents on the dollar for a total amount to be received of $459,000 and it was his recommendation that the Commission approve this offer. An original claim was filed by the County for $575,000. Commissioner Carper moved to accept the offer. Commissioner Shores seconded. Commissioner Carper amended his original motion to include that the execution is to be approved by the Prosecuting Attorney, President of the County Commission and the Sheriff. Commissioner Shores seconded. Commissioner Carper then amended the second motion to include a page that would be added to allow the President of the County Commission to sign off on the agreement. Commissioner Shores seconded. Motion carried.
Update regarding Billo property
Commissioner Hardy
Terry Sayre
Mr. Slotnick stated he met with Mr. Albertson prior to the meeting and was informed the Pratt property has still not been cleaned up. Mr. Albertson will inform Mr. Billo he has 30 days in which to clean up the property and should it not be taken care of, the County will take over the demolition. Commissioner Carper directed that Mr. Sayre oversee the filing of a lawsuit should this property not meet the County’s cleanup requirements.
Discussion and update regarding the Upper Frame Small Cities Block Grant Project
Commissioner Carper
Susan Blake
Ms. Blake stated the County received funds in the amount of $1.5M for the Upper Frame water project. The water company has agreed to accept payments from the County during the next few years. This project will provide water for 176 families in the area.