KANAWHA COUNTY COMMISSION



A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 29TH DAY OF JULY 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:

7-29-04 2004-398 Order Confirming and Approving Purchase Orders in Excess of

$4,999.99 to be issued by the Kanawha County Commission

Purchasing Department.

7-29-04 2004-399 Order Confirming and Approving Cash Disbursements to be made by

the Clerk of the Kanawha County Commission For: General Fund

7-27-04 2004-400 Order Confirming and Approving Cash Disbursements to be made by

the Clerk of the Kanawha County Commission for: Special Fund

7-29-04 2004-401 Authorization for the Clerk of the County Commission to issue a check

from the Coal Severance Fund Line Item #002-439.00-5-68.00 in the

Amount of Eight Thousand Dollars ($8,000.00) Payable to the Town of

Glasgow

7-29-04 2004-402 Authorization for the Clerk of the County Commission to issue a check

from the General Fund Line Item #001-809.00-5-68.00 in the Amount

of Eighteen Thousand Forty Dollars and Thirty-Five Cents

($18,040.35) Payable to the Elk Valley PSD

7-29-04 2004-403 Authorization for the County Commission to issue a check from the

Coal Severance Fund Line Item #002-439.00-5-68.00 in the Amount

Of Two Thousand Eight Hundred Dollars ($2,800.00) Payable to the

Kanawha-Charleston Humane Association

7-29-04 2004-404 Order for Approval of Submission of Application and Certificate for

Payment on Judicial Annex Renovation Project in the Amount of Five

Hundred Sixty-Eight Thousand Two Hundred Forty-Nine Dollars and

Fifteen Cents ($568,249.15) Payable from United Bank Trust Account

To BBL Carlton per attached requisition

7-29-04 2004-405 Budget Revision #4

7-29-04 2004-406 Resolution of Participation and Cooperation

7-29-04 2004-407 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

7-29-04 2004-408 Authorization for the President of the Kanawha County Commission

to sign an amendment to the Professional Services Agreement between

the Kanawha County Commission and Paul D. Marshall Architects

& Engineers

7-29-04 2004-409 Authorization for the President of the Kanawha County Commission to

sign a Contract and Notice to Proceed between the Kanawha County

Commission and General Restoration Corporation for the Kanawha

County Courthouse Masonry & Restoration Project

7-29-04 2004-410 Order and Resolution Authorizing the Issuance of not to exceed

$6,850,000.00 in Aggregate Principal Industrial Development Revenue

Refunding Bonds, Series 2004B the Kroger Company

7-29-04 2004-411 Order and Resolution Authorizing the Issuance of not to exceed

$4,500,000.00 in Aggregate Principal Industrial Development Revenue

Refunding Bonds, Series 2004A the Kroger Company

7-29-04 2004-412 Authorization for the President of the Kanawha County Commission

to sign a lease renewal between The Elk River Community Council, Inc. a West Virginia Corporation, and the County Commission of Kanawha County, West Virginia, for the Kanawha

County Sheriff’s Elk River Detachment

7-29-04 2004-413 Removal Procedure for Members of the Planning Commission

7-29-04 2004-414 Re-appointment of Richard Atkinson to the Metro 911 Board

7-29-04 2004-415 Authorization for the President of the County Commission to sign

Lease Agreement between the Kanawha County Commission and the

West Virginia Supreme Court of Appeals for Family Court Space

7-29-04 2004-416 Approval of Erroneous Assessment Exonerations submitted by the

Kanawha County Assessor

Pledge of Allegiance – Commissioner Carper

Presented by: Jack Lavender, Planning Commission President

Moment of Silence and Recognition

Approval of the Minutes of the Kanawha County Commission Meetings held

June 24, 2004 and July 1, 2004

Commissioner Shores moved for approval of the Minutes. Commissioner Carper seconded. Motion carried.

INTRODUCTION OF NEW EMPLOYEES

Amber N. Henson, Prosecuting Attorney’s Office, $8.00 per hour,

Temporary/Part-time

Commissioner Shores moved for approval of the new employee. Commissioner Carper seconded. Motion carried.

RESOLUTIONS

Resolution of Participation and Cooperation - West Virginia Certified

Development Community Program

Commissioner Carper moved for approval of the Resolution regarding the Participation and Cooperation – West Virginia Certified Development Community Program. Commissioner Hardy seconded. Motion carried.

AGENDA ITEMS

Public hearing regarding merger of Green Valley Community PSD with the City of South Charleston Sanitary Sewer System and the Dissolution of Green Valley Community Public Service District

Robert Rodecker, Esquire

Marc Slotnick, County Attorney discussed the progress of the merger of the Green Valley PSD and discussion with the Public Service Commission. Mr. Slotnick recommended to the Commission that the Merger be approved. Commissioner Shores moved for approval regarding merger of Green Valley Community PSD with the City of South Charleston Sanitary Sewer System and the Dissolution of Green Valley Community Public Service District. Commissioner Carper seconded. Motion carried. (Commissioner Hardy was not present for the vote on this matter)

Public Hearing in the matter of a proposed bond issue to refund prior issues for the Kroger Company and to consider resolutions relating to the same

Cam Seigris - Bowles, Rice, McDavid, Graff & Love, PLLC

A presentation was made to the Commission by Cam Seigris and Bradley N. Ruwe, Attorney with Peck, Shaffer & Williams LLP. Currently there are two bonds, Series A – $4.5 Million and Series B – $6.850 Million. Bowles, Rice, McDavid, Graff & Love, PLLC has agreed to issue the two bonds that would earn 40 basis points that would be given to the Commission. This would amount to approximately $40,000.00. Commissioner Carper moved approval of the Resolutions to issue both Bonds. Commissioner Shores seconded. Commissioner Carper asked if there were any public comments, being there was none, motion carried. Commissioner Carper requested that a discussion regarding the usage of the $40,000 fee be placed on the next Agenda. (Commissioner Hardy was not present for the vote on this matter)

Update/discussion regarding Michael T. Clifford v. Kanawha County

Commission, Civil Action No. 04-Misc-121

Commissioner Carper

Commissioner Shores

Ray Keener, Assistant County Attorney

Steve Sluss

Mr. Keener stated that the Deposition has been scheduled for August 18, 2004. Commissioner Carper recommended that Mr. Keener begin preparing questions to be asked at the Deposition. Commissioner Carper reminded everyone that Commissioner Hardy has recused himself from this matter. Commissioner Carper moved approval of the unpaid bills incurred by Mr. Clifford. Commissioner Shores seconded. Motion carried. (Commissioner Hardy was not here for this discussion)

Discussion regarding Guthrie water project

Commissioner Carper

Commissioner Carper announced that Congresswomen Shelley Moore Capito had secured $200,000.00 of Funds for the Guthrie water project. Commissioner Carper stated that this was a priority project for the Commission and the total budget for the project is $800,000.00. Commissioner Carper requested that Susan Blake begin contacting our local Senators and Delegates to secure the additional funding and to invite them to our next meeting of August 12, 2004.

Discussion regarding the COPS grant for the WV Interoperable Radio

Project

Commissioner Carper

Mark Wolford, Charleston OES Director

Jeff Clark, Homeland Security Planner

Commissioner Carper stated that a joint application between the City of Charleston and the County Commission, was being prepared for the WV Interoperable Radio Project. The Grant, if awarded would be Three Million Dollars. Commissioner Carper stated that the application was due the first week of August. Commissioner Carper moved approval for him to execute the Grant application once it has been prepared. Commissioner Shores seconded. Motion carried.

Discussion regarding receipt of $75,000 from the State of West Virginia to assist in a low-fare flight program at Yeager Airport

Commissioner Shores

Commissioner Carper

Commissioner Carper announced that the Independence Airlines was operational at Yeager Airport. The cost of the advertising package was $300,000.00. Contributions from Independence Air and Yeager Airport totaled $200,000.00. Commissioner Carper stated that Governor Wise secured $75,000.00 of State Funding for the project.

Discussion regarding contribution in the amount of $25,000 for reduced airfare program at Yeager Airport

Commissioner Shores

Commissioner Carper

Commissioner Shores stated that additional $25,000.00 was needed for the advertisement package; he moved approval to contribute County Funds for this project. Commissioner Hardy seconded. Motion carried. Commissioner Carper recommended that a Resolution be prepared thanking Rick Atkinson and Yeager Airport for their hard work in the past two years with the airport projects.

Further discussion regarding personnel issue/complaint relating to a Kanawha-Charleston Humane Officer employee by the County Commission

Commissioner Carper

Allen Bleigh, County Manager

Donna Clark, Animal Shelter

Dr. Gunnoe, Chairman of the KCHA Board, gave an update regarding the personnel issue at the Humane Association. He stated that Roger Wolfe, Chairman of the KCHA legal committee, conducted an investigation into the matters. The Board is recommending that the employee receive 5 days suspension without pay, and that he gives a public apology and he attends sensitivity training. Commissioner Carper reminded the Commission that Mr. Fields is an employee of the Commission and that while they appreciate the Board’s recommendations, the Commission has the final say. Commissioner Carper moved to take the Board’s recommendation under advisement. Commissioner Shores seconded. Motion carried. Commissioner Carper requested that Allen Bleigh send a letter to Mr. Fields asking that he attend a future Commission meeting to discuss his behavior and future employment with the Commission.

Update and discussion regarding Advantage Valley Partners and their current projects

Commissioner Carper

Representative(s) from Advantage Valley Partners

Commissioner Carper has requested that representatives from Advantage Valley Partners attend several Commission Meetings, which they have not attended. Commissioner Hardy moved for this to be placed on the next Agenda of August 12, 2004 for an update. Commissioner Carper seconded. Motion carried.

Update regarding litigation relating to State of West Virginia v. The Board of Public Works, et al. Civil Action No. 03-C-582

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Robert Allen, Esquire

Pamela Deem, Esquire

Commissioner Hardy moved for this to be placed on the next Agenda for an update. Commissioner Carper seconded. Motion carried.

Update regarding the Kelly's Creek Communities Association Brownfield Grant Project

Commissioner Carper

Commissioner Hardy

Commissioner Shores

Allen Bleigh, County Manager

Jennifer Herrald, Grant Coordinator

Commissioner Carper stated that his recommendation was to have Regional Intergovernmental Council oversee the Kelly’s Creek Brownfield Grant Project. He stated that the Commission would still be responsible for the handling the Grant Funds. Commissioner Carper stated that Commission had received a letter from Kelly’s Creek agreeing to the oversight by RIC. Commissioner Hardy moved approval for Regional Intergovernmental Council’s oversight of the Grant. Commissioner Shores seconded. Motion carried. Commissioner Hardy requested that Ms. Herrald stay on the Advisory Committee. Ms. Herrald stated that the Commission would have to execute Memorandum of Agreements with RIC and Kelly’s Creek. Commissioner Hardy moved for Ms. Herrald and Mr. Bleigh develop the agreements and for Commissioner Carper to sign. Commissioner Carper seconded. Motion carried. The Commissioners requested that RIC appear before the Commission at the 2nd meeting in August to give an update.

Discussion regarding Kanawha County’s contribution to the Regional Intergovernmental Council

Commissioner Carper

John Romano, Executive Director

Commissioner Hardy moved to give contributions to the Regional Intergovernmental Council. Commissioner Shores seconded. Motion carried.

Discussion regarding funding request from the Charleston Northeast

Little League in the amount of $6,500 for replacement fencing

Commissioner Shores

Commissioner Hardy moved for approval of $6,500 for replacement fencing at the Charleston Northeast Little League. Commissioner Shores seconded. Motion Carried. Commissioner Carper stated that Ms. Herrald will be the contact person to see that the bids go out properly and that the money is spent for the purpose it was intended.

Further discussion regarding the Kanawha County Courthouse Masonry and Restoration Project in the amount of $438,000

Commissioner Carper

Commissioner Carper asked when will the work begin and what does our contract say? Mr. Dan Hart, Architect, stated that the work would begin August 27, 2004 and the completion would be done by June 30, 2005, 20% of the work to be completed by December 20, 2004. Commissioner Hardy asked Allen Bleigh to go on OSHA Web Site and see what kind of records the contractor has with OSHA.

Discussion regarding delayed mailing of tax tickets by the Sheriff’s Tax Department, discussion to include but not be limited to possible necessity of placing advertisement to make taxpayers aware that they can now pay 2004 taxes

Commissioner Carper

Commissioner Carper stated that he wanted to commend Mark Boyd for stating in a letter that he would take responsibility for tax tickets not going out on time. Mr. Boyd stated that all tax tickets would be mailed out by the weekend. Mr. Boyd stated that tomorrow, July 30, 2004 would wrap up collections for the month, and collections to the General Fund of $400 to $500 thousand versus l.4 million last year, with a day and half to go, we are a million shy on collections. Commissioner Carper stated that we would have to monitor the cash flow.

Discussion regarding Voice Over IP Technology and Research prepared by Dennis Wyer

Commissioner Carper

Allen Bleigh, County Manager

Dennis Wyer, System Administrator

Juan Smarr – Verizon

Alan Digman – Verizon

Rusty Risher – Verizon

Phil Hudson – Cisco

Marc Coleman – Telco Services, Inc.

Dennis Dolin – Quinn Technologies

Mr. Wyer stated that switching to the IP system would save the County approximately $5,000.00 a month. Commissioner Carper stated that he felt a meeting should be set up to include Mr. Bleigh, Mr. Wyer, Mrs. Whitehead, Ms. Herrald and whoever else you would like to look at this very carefully and give a recommendation by two meetings from now. Commissioner Carper stated that Ms. Herrald would provide support.

Discussion regarding moving Kanawha County Sheriff’s Detachment out of the Quincy Center to the Upper Kanawha Valley Enterprise Community building

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Damron Bradshaw, Chairman UKVEC Governing Board

Commissioner Hardy moved to have the Sheriff of Kanawha County write a contract to move the County Sheriff’s Detachment out of the Quincy Center to the Upper Kanawha Valley Enterprise Community Building in Chelyan. Commissioner Carper stated that he would second the motion if Commissioner Hardy would modify the motion. The Commission to enter a contract for the Sheriff’s Detachment to be moved to Upper Kanawha Valley Enterprise Community Building in Chelyan and the Commission would handle the amount of space with a notice sent out telling people that the detachment has been moved to Chelyan and the property owner of Quincy Mall needs to be notified of the move and if the Sheriff’s Department objects to this, they need to come in and advise. Motion carried. Commissioner Carper stated for Mr. Boyd to try to handle this situation without any problems. Commissioner Hardy moved that all Sheriff’s Detachment leases remain on a month-to-month situation until our County Manager, Allen Bleigh, reviews them. Commissioner Shores seconded. Motion carried. Commissioner Hardy moved to amend his motion to except Elkview Detachment. Commissioner Carper seconded. Motion carried. Commissioner Carper stated for Mr. Bleigh to get with the three detachments, Jefferson, Sissonville and Cross Lanes and analyze and get with Mr. Boyd.

Report on Merger of Economic Development Organizations

Commissioner Hardy

Ray Keener

Commissioner Hardy stated that the final merger would take place in September 1, 2004 and that the Board members have been picked. Ben Newhouse has been placed on this board to represent the Commission. Commissioner Carper stated that he was concerned with the funding of $100,000.00 the Commission gave to BIDCO for the Clendenin project and with the new name of the organization of CADCO, making sure that the money is still in place for the Clendenin project. Commissioner Hardy assured Commissioner Carper that the money is still set aside for the Clendenin project.

Discussion regarding the Family Court office space, and related rental rate of $10.50 per square foot, discussion will include but not be limited to the approval of the lease agreement

Commissioner Carper

Commissioner Hardy moved to approve the lease agreement. Commissioner Carper seconded. Motion carried.

Update regarding Billo property

Commissioner Hardy

Terry Sayre

Mr. Sayre stated that one of the trailers had been demolished and it appeared that Mr. Billo was cooperating with the Commission. Commissioner Hardy moved for an update of the Billo property to be placed on the Agenda on August 26, 2004. Commissioner Shores seconded. Motion carried.

Additional discussion regarding Project Safe Neighborhoods Grant, Project Heavy Metal for the Kanawha County Sheriff's Department, discussion to include but not be limited to the backfill of the ATF Position

Commissioner Carper

Jennifer Herrald, Grant Coordinator

Representative from the Sheriff's Department

Jennifer Herrald stated that on November 1, 2003 the Project Safe Neighborhood Grant was awarded to the Commission to place a deputy at ATF and the position had to be backfilled before we could be reimbursed. Commissioner Carper stated if we do not fill the position, the Commission would be out $40,000.00. Mark Boyd spoke on behalf of the Sheriff’s Department. Mr. Boyd stated that they anticipated hiring a deputy to backfill the position by the end of August. Commissioner Carper stated for Jennifer Herrald to stay on top of this. Commissioner Carper stated for this to be placed on the Agenda of August 12, 2004.

Discussion regarding request from WV Films to video demolition of condemned properties in Kanawha County performed by the County Commission

Commissioner Hardy

Commissioner Shores

Pam Hayne

Commissioner Carper stated for Ms. Haynes to get with Terry Sayre and Susan Blake to help her.

Discussion regarding federal regulatory changes relating to overtime and exempt classification for employees, discussion will include but not be limited to impact on county employees as well as the implementation date of August 23, 2004

Commissioner Carper

Commissioner Carper stated for Mr. Bleigh to look into the federal regulatory changes relating to overtime and exempt classification for employees and to report to the Commission by August 26, 2004.

Discussion regarding WV Code §7-7-7a with discussion to include but not necessarily be limited to the limit of budget expenditures by elected officials who are leaving said office in the middle of FY 2004-2005

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Commissioner Carper stated that the Commission has one or two items that may fall within the WV Code §7-7-7a. Commissioner Carper stated that the Sheriff’s Department is on notice of that responsibility not to spend more than fifty percent of their budget.

Approval of Erroneous Assessment Exonerations submitted by the

Kanawha County Assessor

Marc Slotnick, County Attorney

Steve Sluss, Assessor’s Office

Commissioner Carper moved approval of the Erroneous Exonerations submitted by the Kanawha County Assessor. Commissioner Hardy seconded. Motion carried.

Discussion regarding status of Highway Safety Grant

Commissioner Carper

Natalie Zellers

Representative from County Clerk’s Office

This discussion regarding status of Highway Safety Grant was resolved prior to Commission Meeting.

Discussion regarding training offered by the IRS and Social Security

Administration as it relates to federal employee tax issues, such as Worker Classification, W-2 Filing Requirements, 1099 Filing Requirements – training to be offered August 4, 2004

Commissioner Carper

This item was not discussed.

Discussion regarding letter received from Jennifer N. Taylor, Esquire

Referencing a complaint from Keith Jordan

Commissioner Carper

This item was not discussed.

PUBLIC COMMENT

Discussion regarding annexation of Institute area to Dunbar.

Commissioner Carper stated that Dunbar would like to annex the Institute area to their area. Bill Raglin of the Institute-West Dunbar-Pinewood Sub-Area Planning Committee and two Dunbar city Council members told the Commission that the proposed annexation could bring about 1,900 residents into Dunbar. Mr. Raglin stated that his committee has been successful in obtaining utilities like sewer for the area, but it needs to address other problems such as removing junked cars and improving police and fire protection. Dunbar City Council is scheduled to hear a presentation on the annexation Monday, August 2, 2004, evening. Commissioner Carper stated that this was a significant step toward metro government and that he expects to see mergers of other government bodies in the county in the years ahead. Commissioner Carper stated that this would be the number one item on the Agenda of August 12, 2004, and that he wanted RIC to facilitate public meetings regarding the annexation. Commissioner Carper directed the staff to do a letter to support this concept.

COUNTY MANAGER’S REPORT

COUNTY ATTORNEY’S REPORT

COMMISSIONER’S REPORT/AGENDA SETTING

Commissioner Shores recommends that the Commission hire Zdrojewski and Company to do the appraisal on the AEP building. Marc Slotnick, County Attorney, stated that he would recommend Mr. Zdrojewski to do the appraisal. Commissioner Hardy moved to approve hiring Zdrojewski and Company to evaluate the appraisal that AEP did. Commissioner Carper stated that he would second the motion if he would modify it to authorize the County Manager to enter into an agreement to let us know the proposed price and to let the Commission know. Motion carried. Commissioner Carper stated that last meeting our attorney could not negotiate a price and that Commissioner Hardy was going to recommend an attorney to represent the Commission. Commissioner Carper asked Allen Bleigh to remind Commissioner Hardy of this.

STAFF REPORTS

CLERK OF THE WORKS REPORT

Update regarding the Judicial Annex renovation project

Chuck Smith stated that the Judicial Annex renovation project should be finished by the end of October. Commissioner Carper stated that Chuck has done a fine job without any change orders and that we were ahead of schedule.

FIDUCIARY

Order Referring to a Fiduciary Commissioner, Estate of Lydia M. Runquist

Order Declaring Re-Opened Estate Closed, Estate of Helen Virginia Loving

Order Declaring Re-Opened Estate Closed, Estate of James Paul Frederick

Amended Order Admitting Will to Probate, Estate of Robert Lewis Siler, II

Order Confirming and Ratifying Supervisor’s Report of Claims and

Settlement Reports

Order Confirming and Ratifying Supervisor’s Report of Claims and

Short Settlement Reports

Commissioner Hardy moved approval of the Fiduciary Orders. Commissioner Carper seconded. Motion carried.

PURCHASE ORDERS

Order Confirming and Approving Purchase Orders in Excess of $4,999.99

to be issued by the Kanawha County Commission Purchasing Department:

Kanawha County Public Library, $2,047,252.70, Levy Payments for

FY 2004-2005

Verizon, $6,004.94, Data Circuit Charges for May 2004 for Sheriff’s

LED, June 2004 Payment, Mileage charge for Data Circuits

April thru June 2004

Software Computer Group Inc., $9,198.00, 50 Prepaid Maintenance

Hours, Support Fee for Circuit Court Management System,

Annual Support Agreement of the IBM SSP & AS400, Annual

Hardware Maintenance, Circuit Clerk’s Office

Midwest Direct, $11,172.25, Printing and Mailing of Personal Property

Returns per bid, Assessor’s Office

Lou Wendell Marine Sales, $6,280.00, South Charleston Fire Department

Rescue Boat, Emergency Replacement of Motor

Eagan Management LLC, $81,601.02, 6 months rent for the Prosecuting

Attorney’s space at 550 Eagan Street July 04 – December 04

To be paid monthly

Diversified Enterprise, Inc., $322,401.60, Check Request 9 & 10

For 2003 Water Main Extension Project

WV Code §7-7-7a Purchase Orders

Vision Air, $61,145.90, Maintenance Agreement for Mobile Data

Software from July 2004-June 2005 Sheriff’s Law Enforcement

Commissioner Hardy moved approval of the Purchase Orders. Commissioner Shores seconded. Motion carried.

ORDERS

Order Confirming and Approving Cash Disbursements to be made by the

Clerk of the Kanawha County Commission for:

a. General Fund (001), general budgetary, $1,613,415.09

The Honorable Alma Y. King

Order Confirming and Approving Cash Disbursements to be made by the

Clerk of the Kanawha County Commission for:

a. Special Health, (372), general budgetary, $234,210.22

b. Coal Severance (002), general budgetary, $70.51

The Honorable Alma Y. King

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

Marc Slotnick

Authorization for the President of the Kanawha County Commission to sign an amendment to the Professional Services Agreement between the Kanawha County Commission and Paul D. Marshall Architects & Engineers

Jerie Whitehead

Authorization for the President of the Kanawha County Commission to sign a Contract and Notice to Proceed between the Kanawha County Commission and General Restoration Corporation for the Kanawha County Courthouse Masonry & Restoration Project

Jerie Whitehead

Authorization for the President of the Kanawha County Commission to sign a lease renewal between Burdette Realty, Inc. The Elk River Community Council, Inc. a West Virginia Corporation, and the County Commission of Kanawha County, West Virginia, for the Kanawha County Sheriff’s Elk River Detachment

Allen Bleigh (correct a typographical error

Removal Procedure for Members of the Planning Commission

Marc Slotnick

Order for Approval of Submission of Application and Certificate for Payment on Judicial Annex Renovation Project in the Amount of Five Hundred Sixty-Eight Thousand Two Hundred Forty-Nine Dollars and Fifteen Cents ($568,249.15) Payable from United Bank Trust Account to BBL Carlton per attached requisition

Allen Bleigh

Authorization for the Clerk of the County Commission to issue a check from

The Coal Severance Fund Line Item # 002-439.00-5-68.00 in the Amount of

Eight Thousand Dollars ($8,000.00) Payable to the Town of Glasgow

Allen Bleigh

Re-appointment of Richard Atkinson to the Metro 911 Board

Commissioner Carper

Authorization for the Clerk of the County Commission to issue a check from the General fund Line Item #001-809.00-5-68.00 in the Amount of Eighteen Thousand Forty Dollars and Thirty-five Cents ($18,040.35) Payable to the Elk Valley PSD

Allen Bleigh

Authorization for the Clerk of the County Commission to issue a check from

The Coal Severance Fund Line Item # 002-439.00-5-68.00 in the Amount of

Two Thousand Eight Hundred Dollars ($2,800.00) Payable to the Kanawha-Charleston Humane Association

Allen Bleigh

Authorization for the President of the County Commission to sign Lease Agreement between the Kanawha County Commission and the West Virginia Supreme Court of Appeals for Family Court Space

Allen Bleigh

Commissioner Carper moved approval of the Orders. Commissioner Shores seconded. Motion carried. Commissioner Carper stated let the record reflect that Commissioner Hardy obtained from the previous discussion on the Clifford case and also the bills that have occurred from this.

LETTERS OF INTENT

MISCELLANEOUS

F.Y. 2004-2005 GENERAL FUND BUDGET REVISION #4

|REVENUE: | | |

|001-323-00.00 |State Grants |$75,000.00 |

|001-322-15.00 |Fed Grants-DOJ Gun Grant |80,000.00 |

|001-322-21.00 |Fed Grants-Homeland Security Grant |840,000.00 |

|001-322-22.00 |Fed Grants-Project Safe Neighborhood Sheriff |38,687.00 |

|001-322-22.01 |Fed Grants-Project Safe Neighborhood Pros Atty |42,496.00 |

|001-323-29.00 |State Grant-Courthouse Improvement Grants |85,000.00 |

| | | |

|EXPENDITURE: | | |

|001-401.00-2-26.00 |Co Comm Insurance |$700.00 |

|001-401.00-5-68.00 |Co Comm. Contributions |155,000.00 |

|001-442.13-1-03.01 |Fed Grant-EOP Fulltime |33,595.00 |

|001-442.13-1-04.00 |Fed Grant-EOP FICA |2,570.00 |

|001-442.13-1-05.01 |Fed Grant-EOP Hospitalization |4,440.00 |

|001-442.13-1-05.02 |Fed Grant-EOP Dental/Vision |456.00 |

|001-442.13-1-06.00 |Fed Grant-EOP Retirement |3,527.00 |

|001-442.13-2-11.00 |Fed Grant-EOP Telephone |500.00 |

|001-442.13-3-41.00 |Fed Grant-EOP Supplies & Materials |1,500.00 |

|001-442.13-3-41.01 |Fed Grant-EOP Equipment Non-Depr |2,112.00 |

|001-442.13-3-41.02 |Fed Grant-EOP Citizens Corp Sup. & Mat. |10,000.00 |

|001-442.13-3-43.00 |Fed Grant-EOP Gas/Oil/Tires |600.00 |

|001-442.22-1-03.01 |Fed Grant-PSN Sheriff Fulltime |28,600.00 |

|001-442.22-1-04.00 |Fed Grant-PSN Sheriff FICA |2,188.00 |

|001-442.22-1-05.01 |Fed Grant-PSN Sheriff Hospitalization |4,440.00 |

|001-442.22-1-05.02 |Fed Grant-PSN Sheriff Dental/Vision |456.00 |

|001-442.22-1-06.00 |Fed Grant-PSN Sheriff Retirement |3,003.00 |

|001-442.23-1-03.01 |Fed Grant-PSN Pros Fulltime |32,000 |

|001-442.23-1-04.00 |Fed Grant-PSN Pros FICA |2,400 |

|001-442.23-1-05.01 |Fed Grant-PSN Hospitalization |4,440 |

|001-442.23-1-05.02 |Fed Grant-PSN Dental/Vision |456 |

|001-442.23-1-06.00 |Fed Grant-PSN Retirement |3,200 |

|001-972.13-4-59.00 |Fed Grant-Homeland Sec Equipment |750,000.00 |

|001-972.13-4-59.01 |Fed Grant Homeland Sec EOC Equipment |30,000.00 |

|001-987.00-4-57.01 |Courthouse Capital-Buildings |85,000.00 |

Grant from Governor’s office for low-fare airline ticket program; to record Homeland security grant

Commissioner Hardy moved approval of General Fund Budget Revision #4. Commissioner Carper seconded. Motion carried.

NEW CLAIM(S) – ACKNOWLEDGEMENT – CGL INSURANCE

DEPARTMENT PAY RAISES

COUNTY CLERK

NAME OLD SALARY PROPOSED SALARY

Monica Robinson $8.00/hour $9.00/hour

Commissioner Hardy moved approval of the Department Pay Raise for Monica Robinson. Commissioner Shores seconded. Motion carried.

NEW BUSINESS

Vera McCormick stated that two precincts (337 & 347) wanted to be moved to St. Albans High School for the convenience of the voters. Mrs. McCormick stated that when Highlawn Elementary closed about 3 years ago, they had to put precincts 337 and 347 in McKinley Jr. High. Mrs. McCormick has been talking to Marc Slotnick, County Attorney, their needs to be 120 days between the primary and general election before you move a precinct. Mrs. McCormick stated that she would put out a notice to the voters in 337 & 347 precincts and tell them they would take this under consideration after the General Election. Commissioner Hardy asked Marc Slotnick to do a letter suggesting that they place 337 & 347 precincts into St. Albans High School.

Supplemental Voucher - Elk Valley PSD $18,040.35, Per Order

Supplemental Voucher – Town of Glasgow, $8,000.00, Per Order

Supplemental Voucher – Kanawha-Charleston Humane Association,

$2,800.00, Per Order

Supplemental Voucher – Kanawha County Public Library, $41,714.09,

June Payment

Supplemental Voucher – Buchart-Horn, $16,343.60, Architectural Services

For Judicial Annex

Supplemental Voucher – Dwayne C. Smith, $2,500.00, Payment for

Services rendered for Judicial Annex Project

Supplemental Voucher – Beverly R. Jobst, $700.00, Title Searches

For Enforcement Agency Action Properties

Supplemental Voucher – Rebecca S. James, $500.00, Title Searches

For Enforcement Agency Action Properties

Supplemental Voucher – Sissonville Public Service District, $805.00,

For Monthly Lease for Sissonville Detachment

Supplemental Voucher – Eagan Management, LLC, $13,600.17, for

Prosecuting Attorney’s Office Rental

Supplemental Voucher - Diversified Enterprise Inc., $322,401.60,

Check 9 & 10 for 2003 Water Main Extension Project

Supplemental Voucher – Clayton Cottrell, $240.00, Reimbursement

For building permit fee – mobile home financing not approved

Commissioner Hardy moved approval of the New Business items. Commissioner Shores seconded. Motion carried.

EMERGENCY ITEMS

( AND BOLD PRINT DENOTES EMERGENCY ITEM

THE KANAWHA COUNTY COMMISSION MEETING OF JULY 29, 2004 RECESSED AT 7:50 P.M. UNTIL THE 12TH DAY OF AUGUST 2004 AT 5:00 P.M.

THE FOREGOING MINUTES ARE APPROVED THIS 12TH DAY OF AUGUST 2004.

_________________________________

W. KENT CARPER, PRESIDENT

_________________________________

HENRY C. SHORES, COMMISSIONER

_________________________________

DAVE HARDY, COMMISSIONER

____________________

COUNTY ATTORNEY

(All proceedings on tape in the Commission Office)

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