KANAWHA COUNTY COMMISSION



A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 26TH DAY OF AUGUST 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:

ORDERS

08-26-04 2004-444 Order Confirming and Approving Purchase Orders in Excess of

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

Purchasing Department

08-26-04 2004-445 Order Confirming and Approving Cash Disbursements to be made by

the Clerk of the Kanawha County Commission for: General Fund

08-26-04 2004-446 Order Confirming and Approving Cash Disbursements to be made by

the Clerk of the Kanawha County Commission for: Special Fund

08-26-04 2004-447 Overtime for Kanawha County Commission Employees

08-26-04 2004-448 Authorization for the Clerk of the County Commission to issue a check

from the Special Building Fund Line Item #244-987.00-4-57.00 in the

amount of Seventy-Three Thousand Eight Hundred Thirty-Five

Dollars payable to United Bank

08-26-04 2004-449 Order Authorizing the County Clerk of Kanawha County to Sign

a Resolution for the Voca Grant Number 03-VA-017 in the amount

of $22,777.00

08-26-04 2004-450 Authorization for the Clerk of the County Commission to issue a check

from the Special Building Fund Line Item #244-987.00-4-57.00 in the

amount of Ninety-Two Thousand Six Hundred Thirty-Five Dollars

($92,635.00) payable to United Bank

08-26-04 2004-451 Authorization for the Clerk of the County Commission to issue a check

a check from the General Fund Line Item #001-401.00-5-66.00 in the

amount of Forty-Four Thousand Dollars ($44,000.00) payable to the

Assessor's Reappraisal Fund, and to issue a check from the Coal

Severance Fund Line Item #002-439.00-5-68.00 in the amount of

Forty-Four Thousand Dollars ($44,000.00) payable to the Assessor's

Reappraisal Fund

08-26-04 2004-452 Authorization for the Clerk of the County Commission to issue a check

from the General Fund Line Item #001-401.00-5-66.00 in the amount

of Fifty Thousand Dollars ($50,000.00) payable to the Fiduciary

Supervisor's Fund

08-26-04 2004-453 Authorization for the Clerk of the County Commission to issue a check

from the General Fund Line Item #001-401-00.5-66.00 in the amount

of Three Hundred Thousand Dollars ($300,000.00) payable to the

Special Health Insurance Fund

08-26-04 2004-454 Order for Approval of Submission of Application and Certificate for

payment on Judicial Annex Renovation Project in the Amount of

One Million Two Hundred Four Thousand Eighty-Three Dollars and

Eighty-Two Cents ($1,204,083.82) payable from United Bank Trust

Account to BBL Carlton per Attached Requisition

08-26-04 2004-455 Appointment of Emergency Ballot Commissioners for the General

Election, November 2, 2004

08-26-04 2004-456 Authorization for the President of the Kanawha County Commission to

Sign the City of Charleston Hold-Harmless Agreement for the County

Fair-Fire Truck Parade to be Held on September 24, 2004

08-26-04 2004-457 Authorization for the President of the Kanawha County Commission to

Sign the Kanawha County Sheriff's Department Federal Annual

Certification Report for Fiscal Year Ending June 30, 2004 (Due August

31, 2004)

08-26-04 2004-458 Applications for Appointment of Personal Property Taxes Pursuant to

Final Divorce Orders in Accordance with Chapter 11 Article 5, Section

14, of the Code of West Virginia

08-26-04 2004-459 Order Authorizing the President of the Kanawha County Commission

to Execute Reimbursement Request Number 1, for the Homeland

Security – Planner Grant

08-26-04 2004-460 Salary Adjustment for County Commission Employee, Stephanie

Murnahan, $8.50 per hour

08-26-04 2004-461 Salary Adjustment for County Commission Parking Garage

Employee, Sandra Shaffer, $7.50 per hour

08-26-04 2004-462 Appointment of Patrick Donahoe to the Kanawha County Parks and

Recreation Commission

08-26-04 2004-463 Approval of Erroneous Assessment Exonerations Submitted by the

Kanawha County Assessor

08-26-04 2004-464 Order Authorizing the County Clerk of Kanawha County to Sign

a Resolution for the Voca Grant Number 03-VA-024 in the amount

of $24,376.00

5:00 PM Pledge of Allegiance – Commissioner Shores

Presented by: Nitro High School Wildcat Cheerleaders

Moment of Silence and Recognition

Approval of the minutes of the Kanawha County Commission Meeting of

July 29, 2004

Commissioner Hardy moved approval of July 29, 2004 minutes. Commissioner Shores seconded. Motion carried.

INTRODUCTION OF NEW EMPLOYEES

Tabitha Dawn Brown, Assessor's Office, $18,000 annually, Permanent

Replacing Gary Badgett

Dennis R. Bailey, Prosecuting Attorney's Office, change of status only, salary from General Account to Juvenile Gun Grant

Heather M. Walker, Prosecuting Attorney's Office, change of status only, salary from Juvenile Gun Grant to Juvenile Grant

Jill P. Sinatra, Prosecuting Attorney's Office, change of status only, salary from Juvenile Grant to Magistrate Court

Elizabeth Marie Stricker, Kanawha County Clerk's Office, $18,000 annually, Permanent Replacing Regina Minchello

Sandra Shaffer, Parking Garage, salary to be set by Commission, Permanent Replacing Don Stewart

Commissioner Hardy moved approval of Tabitha Dawn Brown, Assessor’s Office, Elizabeth Marie Stricker, Clerk’s Office and Sandra Shaffer from the Parking Garage. Commissioner Shores seconded. Motion carried. Commissioner Hardy moved for the Prosecuting Attorney’s Office employees’ to be placed on the next agenda and would like a representative from the Prosecuting Office to be at the meeting. Commissioner Shores seconded. Motion carried.

RESOLUTIONS

Resolution in Support of the Coal Act and other related matters

AGENDA ITEMS

5:00 PM Discussion regarding the cut in funding for the school clothing voucher

program

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Commissioner Carper stated the State went ahead and issued the clothing vouchers after cutting them by 1/3 and he will be setting up several meetings. Commissioner Carper stated we have met with the administration and our Legislative Delegation and he believes there will be a special session called. Commissioner Carper stated assuming they do nothing in the special session, there are a few private groups that are interested in raising some money for clothes. Commissioner Carper stated for this to go on the September 28, 2004 meeting and he will have a proposal at that time.

Discussion regarding disposal of county owned property including, but not limited to, weapons

Commission Carper

Representative(s) of the Sheriff's Department

Jerie Whitehead, Purchasing

Commissioner Carper stated this would be placed on next agenda, September 9, 2004 and hoping that the Sheriff of Kanawha County will be present.

Discussion regarding omission of Kanawha County agencies/government phone numbers by Verizon from new telephone directory

Commissioner Carper

John Ruddick, Director of Public Affairs, Verizion West Virginia, Inc.

Don Wilson, Specialist, Regulatory Affairs, Verizon West Virginia, Inc.

Commissioner Carper stated there was a small error by the Phone Company in the last phone book that was published. John Ruddick stated that after the Kanawha-Putnam Directory was issued, in the blue section of the directory, through our looking at it and the media and customers calling there were some errors. Mr. Ruddick stated that the one thing that was wrong with Kanawha County was Cedar Grove was in the US Government section instead of the town section but no commission agency, court or Magistrate Office was left out. Mr. Ruddick stated that some of the schools, Putnam, Mason, Jackson and Lincoln County were left out. The Federal Judges names were listed but their phone numbers were on one page and their numbers were on another. Mr. Ruddick stated to correct this problem they went through the directory and did corrections and went through the past directory, which were not errors but wanted to make some changes to have a better directory and 194,000 new blue page supplements were produced that should be delivered in the mail.

Update regarding the Kanawha County Commission Behavioral Health Grant Program

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Dr. David Clayman

Brenda Isaac, R.N.

Ms. Isaac stated that they had spent a lot of time with the employees’ in the

School system and had tried to come up with what both felt was the greatest needs and set some parameters on certain projects. Ms. Isaac stated that Jennifer Herrald is trying to find matching funds. Dr. Clayman, one of two people reviewing the applications on behalf of the County Commissioners, stated that they have chosen Andy Palmer with Chain Breakers because of the letters of recommendation and he has worked with the students at the academy and will be mentoring them back into the communities. Dr. Clayman, Project Manager on this project, stated that he expects the money to be handed out on a monthly basis, so that the county can make sure that each one makes progress on monthly goals. Commissioner Carper asked if they were aware that this is a one shot deal and the money came from Shawnee Hills property settlement and it was designated for mental health problems of a different type. Commissioner Hardy moved approval for the proposal. Commissioner Carper seconded with the understanding that Allen Bleigh, County Manager, find out who to disburse the funds to. Motion carried. Commissioner Carper asked if the school board would be willing to take care of the funds. Ms. Isaac stated that she would look into it. Commissioner Carper stated for Ms. Herrald to coordinate this project and set up procedures and to make sure they understand that this is a one-time deal. Commissioner Carper stated that the amount of the grant would be $36,000.00

Discussion regarding the 2004 COPS in School Grants

Commissioner Carper

Jennifer Herrald, Grant Coordinator

Commissioner Carper stated they should know in a couple of weeks about the 2004 COPS in School Grant. This will be placed on the agenda in September 2004.

Discussion regarding use of surplus ambulance now in the possession of the Kanawha County Sheriff's Department

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Representative(s) from the Sheriff's Department

Commissioner Carper stated that the Sheriff of Kanawha County bought a surplus ambulance and wanted to turn it into a mobile meth lab when the City of Charleston and Metro Drug Transport Unit had one. Commissioner Carper stated that the United States Attorney warned this Sheriff about duplicating drug enforcement and not cooperating with State Police, Metro Drug Task Force and they are still running their own drug unit. Commissioner Carper stated that the Sheriff of Kanawha County was not present. Commissioner Carper stated that the Commission is holding the title to the vehicle because it does not have insurance and a letter needs to be sent to the Sheriff of Kanawha County inviting him in and explaining the need for it. Commissioner Carper stated for this to be placed number one on the next agenda, September 9, 2004.

Discussion regarding status of Health Fund

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Allen Bleigh, County Manager

Commissioner Hardy moved to put $300,000.00 in the Health Fund. Commissioner Shores seconded. Motion carried.

Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor

Marc Slotnick, County Attorney

Steve Sluss, Assessor's Office

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

Report on electronic filing of property taxes

Commissioner Hardy

Jennifer Herrald, Grant Coordinator

Jennifer Herrald stated that she had spoken with Dennis Wyer and he has some ideas to broaden the usage of electronic payment. Mr. Wyer would like to come back in a couple meetings to give a cost estimate of this project. Commissioner Hardy stated that it looks like state code was going to be the problem. Mark Boyd stated that this is an option that the taxpayer can choose to pay. Commissioner Carper asked our bookkeeping department to look into this as well. Mark Boyd stated that you can go to and it will tell you your options. Mr. Boyd stated that he is looking into another form of electronic payment, which is . Commissioner Carper stated that he hopes that next year that addresses have been changed and there will not be as many tax slips sent back. Mr. Boyd stated that he is trying to solve the situation. Commissioner Hardy stated for Mr. Boyd to look into opening up an account where taxpayer could e-pay their taxes, just like AEP and we can publicize this. Commissioner Hardy stated that we could put a slip in each taxpayers bill and tell them that they can go and pay a 2½% convenience fee or if you are set up to pay electronically. Commissioner Hardy asked Allen Bleigh, what could we do to make this happen? Allen Bleigh stated that he and Jerie Whitehead are working on this. The Commissioners agreed to table this to two meetings from now.

Update regarding Guthrie water project

Commissioner Carper

Susan Blake, Planning Director

Senators and Delegates

Commissioner Carper stated for this to be discussed at our next meeting, September 9, 2004

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

Commissioner Carper asked for this to be put on the next agenda of September 9, 2004.

Discussion regarding Hatfield McCoy trail and the potential linkage through Kanawha County

Commissioner Hardy

Commissioner Shores

Commissioner Carper

Commissioner Carper asked for this to be #1 item of the Agenda of September 9, 2004.

Further discussion regarding reconsideration of Kanawha County's previously filed Petition to dissolve the Town of Jefferson

Commissioner Carper

Commissioner Hardy

Wanda Carney of the citizens’ group of West Virginia Wants to Know stated that the business people in Jefferson have asked her to represent them. Ms. Carney did attend the hearing with the three-judge panel. It is my understanding that the Commission is willing to proceed with the dissolution of the town. Commissioner Hardy asked Ms. Carney how many businesses are there in the Town of Jefferson. Ms. Carney stated that there were 83. Commissioner Carper stated that the Commission should look at what the three-judge panel has to say and see if they have met with their requirements under the State Code and see whether or not we are willing to get back into this or let it slide along. Commissioner Carper stated that he had some business people call and want the town dissolved and has had others to call and think we should get a contract with the Sheriff’s Office and town to handle the law enforcement. Commissioner Carper stated that it was not up to the Commission to run the town. Commissioner Hardy asked

what was the current budget. Ms. Carney stated it was $700,000.00 with 14 businesses paying B & O taxes. Ms. Carney stated they do not object to paying municipal taxes, but they believe that the business-and-occupation tax that Mayor Thomas Lewis and the council are trying to impose on them is excessive and they just want to keep their town. Commissioner Hardy asked how many police officers do they have? Ms. Carney stated there are seven and are looking to expand to ten or twelve. Commissioner Carper stated when would people get fed up with this duplication, failure to annex and to bring cities together. Commissioner Carper stated that number one – see what the order will say. Commissioner Carper stated that the town should be part of St. Albans, South Charleston or be unincorporated. Commissioner Carper stated if they are going to be a town then they need to provide services. Commissioner Carper stated that the Commissioners should not attempt to dissolve the town until after a three-judge panel rules in a case seeking the removal of Thomas Lewis and two other town officials from office and we are concerned that the town has apparently not lived up to an agreement reached in 2002 for it to get its affairs in order. Commissioner Hardy asked when is the three-judge panel expected to rule. Ms. Carney stated mid September or end of September. Commissioner Hardy moved to have this placed on the second meeting in September. Commissioner Carper seconded. Motion carried.

Discussion regarding the payment by the Commission to the Upper Kanawha Valley Economic Development Corporation

Commissioner Carper

Commissioner Shores

Commissioner Hardy

The Honorable Damron Bradshaw

Commissioner Hardy moved for $10,000.00 payment by the Commission to the Upper Kanawha Valley Economic Development Corporation. Commissioner Shores seconded. Motion carried. Robert Neal, Executive Director for the Upper Kanawha Valley Economic Development Corporation was present.

Discussion regarding annual financial statement and establishment of County Commission deadline

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Allen Bleigh, County Manager

Commissioner Carper asked Mr. Bleigh to write a letter to the County Clerk indicating that the financial statement was on the Agenda and the Commission wants to know their progress and when will it be filed.

Commissioner Carper stated for this to be placed #2 on the next agenda, September 9, 2004.

Discussion regarding updating Kanawha County’s flood maps

Commissioner Carper

Danny Haught, Flood Mitigation Manager

Danny Haught stated that the work on updating the Kanawha County flood maps would begin in four weeks.

Discussion regarding Sexual harassment training for County agencies

by Miller, Snyder, Weiler & Walters

Commissioner Carper

Commissioner Hardy

Commissioner Hardy moved approval of $200.00 per hour for Miller, Snyder, Weiler & Walters for sexual harassment training. Commissioner Shores seconded. Motion carried.

Discussion regarding HIPAA training and/or policy development for

County agencies by Miller, Snyder, Weiler & Walters

Commissioner Carper

Commissioner Hardy

Commissioner Hardy moved approval of $200.00 per hour for Miller,

Snyder, Weiler & Walters for HIPAA training and/or policy development for

County agencies. Commissioner Carper seconded. Motion carried.

Update regarding Billo property

Commissioner Hardy

Terry Sayre, Deputy Planning Director

This will be discussed at a later date.

Update and discussion regarding Advantage Valley Partners and their current projects

Commissioner Carper

Commissioner Carper stated that he had invited Mr. Potter from Advantage

Valley Partners to come in so that we could talk to him about Advantage Valley, what their projects are, now that the Airport issue is over. Commissioner Carper stated that Mr. Potter the President of Advantage Valley, stated that they do not contribute and he seen no reason to come to the Kanawha County Commission Meeting to talk with the Commission. Commissioner Carper stated that he hoped that CADCO would not contribute anything to Advantage Valley and he asked Commissioner Hardy to remind them of this. Commissioner Carper stated that they were waiting from our lawyers to tell us whether or not we are going to bring litigation against Advantage Valley Partners, LLC. Commissioner Carper tabled this to next meeting. Commissioner Carper stated that a letter be sent to Mr. Allen for an answer.

Update regarding the Kelly’s Creek Communities Association Brownfield Grant

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Jennifer Herrald, Grant Coordinator

John Romano, RIC

Kathy Beckett, Esquire

Kathy Beckett stated they are in the process of working with EPA to establish a Memorandum of Agreement for the Brownfield Grant for Regional Intergovernmental Council and as well for Kelly’s Creek Community Association and those orders are been processed. We are working on language and Jennifer Herrald is working closely with EPA. Ms. Beckett stated there is a strong anticipation from EPA, the State, as well as Regional Intergovernmental Council, the office of surface mining and Kelly’s Creek. Commissioner Carper stated that there will be a seminar in St. Louis and Ms. Beckett will be attending and she suggested that the Commission send Jennifer Herrald, which will help with this grant. Commissioner Hardy moved approval of sending Jennifer Herrald to the seminar in St. Louis. Commissioner Shores seconded. Motion carried. Commissioner Carper stated after this memorandum has been signed, 99% of the calls, and questions on Kelly’s Creek should be directed to John Romano & Co. Ms. Herrald will be writing checks, look at paper work and if she chooses too, volunteer her time on the advisory committee.

Update regarding the Governor’s Highway Safety Grant

Commissioner Carper

Commissioner Shores

Allen Bleigh, County Manager

Jennifer Herrald, Grant Coordinator

Jennifer Herrald stated that she was waiting for information from the Sheriff’s Office. Commissioner Carper stated for Ms. Herrald to send another letter to the Sheriff’s Office and stating the Commission has a potential of recovering $75,000.00 for paper work that they did not turn in and if they do not give us the information, the taxpayers of Kanawha County will be out this money. Commissioner Carper stated that this would be on the Agenda, September 9, 2004.

Additional discussion regarding personnel issue relating to Kanawha-Charleston Humane Officer

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Allen Bleigh, County Manager

Commissioner Carper asked Gene Fields if he had any request to the Commission before they make a decision? Gene Fields stated that he knows he made a mistake, I was joking around and I am sorry. Commissioner Hardy moved to suspend humane officer Gene Fields for 30 days without pay and will have to attend sensitivity classes, retroactive to August 16, 2004, for uttering a racial slur on the job. Commissioner Shores seconded. Motion carried. Commissioner Carper voted no and that he felt this should be placed in Mr. Fields personnel file and if Mr. Fields violates the rule again, this incident would be considered in the decision. Commissioner Hardy stated that Gene Fields deserved credit for 17 years of good service and for telling the truth about his offense.

Discussion regarding funding request from Nitro Wildcats Cheerleaders in the amount of $8,000 to purchase new uniforms, bags, shoes, accessories and to pay for instructional time for competitions

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Kathy Barr, NHS Cheer Boosters

Commissioner Shores moved for approval of $8,000 to Nitro Wildcats Cheerleaders to purchase new uniforms, bags, shoes, accessories and to pay for instructional time for competitions. Commissioner Hardy seconded. Motion carried.

Discussion regarding lease of permanent recycling and clean-up site for

Eastern Kanawha County

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Terry Sayre, Planning Department

Tim Daily, Solid Waste Authority

Marty Tighe, Planning

Terry Sayre stated that he has been talking to Appalachian Power Company to use the site beside them and behind the Go Mart in Cabin Creek in the Eastern part of Kanawha County on a permanent basis. Mr. Sayre stated this is for all spring and fall clean-ups as well as Tim Dailey, Solid Waste Director, would like to put a permanent recycling center there to help the sities in the Eastern part of Kanawha County instead of them taking it to downtown Charleston, WV. Mr. Sayre stated that AEP would want the county to demolish three buildings that are on the site and the cost would be between 5 to 6 thousand dollars. Commissioner Hardy asked Mr. Sayre how long would AEP be willing to commit to. Mr. Sayre stated that AEP is willing to go 3 to 5 years and they are waiting to hear from their Attorneys to finish the lease agreement. Commissioner Carper moved to approve the clean-up site for Eastern Kanawha County, behind the Go-Mart in Cabin Creek, WV, and a letter from AEP stating that we can use the site for so many years. Commissioner Hardy seconded. Motion carried. Commissioner Carper stated that we would use Coal Severance to fund this site. Tim Dailey stated that the site will be open one day a week and there will be someone there to help from the Solid Waste Authority. Commissioner Hardy asked if the area is fenced in. Mr. Sayre stated that the whole area is fenced and working with DOH in order to keep it locked. Mr. Dailey stated that they have a 1979 truck that they will be using and it is titled to the Kanawha County Commission and would like it to be titled to the Solid Waste Authority. Commissioner Hardy moved for the 1979 truck to be titled to Solid Waste Authority. Commissioner Shores seconded. Motion carried. Commissioner Carper stated that he wanted a letter to be written to Mr. Dailey and to the new President of Solid Waste, Martin Tighe and a copy to the Board on a job well done. Commissioner Hardy asked on how are we going to let the Cities in the Eastern Kanawha County know about the site. Mr. Dailey stated that he is servicing that area and he will consolidate them into the one site.

Discussion of Commission intervention in Video Lottery Ordinance lawsuit before Judge Kaufman

Commissioner Hardy

Ray Keener, Assistant County Attorney

Commissioner Hardy stated that the meeting for tomorrow, August 27, 2004, has been canceled. Commissioner Hardy stated to certify the question to the WV Supreme Court as to whether or not a local entity, whether it is county or city, can make a more restrictive law or regulation than the lottery commission. Commissioner Hardy stated that when this goes to the Supreme Court that the Kanawha County Commissions’ name needs to be attached because we have a real interest whether or not our Ordinance is declared constitutional or unconstitutional. Commissioner Hardy stated if their ordinance were unconstitutional, the video lottery would complain that the Kanawha County Commission’s would be unconstitutional. Commissioner Hardy stated he felt that the Supreme Court should know that the Commission has a real interest in this issue as well. Commissioner Hardy moved for the Kanawha County Commission to intervene in the suit and participate in the certified question to West Virginia Supreme Court. Commissioner Carper stated that the City’s ordinance is different than Kanawha County Commission. Commissioner Carper stated that he wanted to go on record to say that Judge Kaufman has taken a beaten on this issue. Commissioner Carper seconded. Motion carried. Commissioner Carper moved that Nick Casey’s Law Firm handle this issue because they wrote the ordinance. Commissioner Hardy seconded. Motion carried. Commissioner Carper stated that he wanted a letter to go to the County Commission Association to look at this issue. Commissioner Shores moved to amend Commissioner Harry’s motion that our law firm get in touch with the city of Charleston on this case against the city’s video lottery ordinance and join with them. Commissioner Hardy seconded the amended motion. Motion carried. The case is pending before Kanawha County Circuit Judge Tod Kaufman. Commissioner Hardy stated if this goes to the WV Supreme Court of Appeals that the Commission has a lawyer that will stand and say, “I represent the Kanawha County Commission, who has an ordinance as well.” Commissioner Carper stated that he wanted Nick Casey to handle this issue. Commissioner Carper stated for reasons the chair is aware of, Commissioner Shores abstains his motion for grounds that the chair understands.

Discussion regarding placement of St. Albans Fire Service Levy on the

General Election ballot

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Commissioner Carper stated for Marc Slotnick, County Attorney, to ask the Clerk of Kanawha County to write a letter to the town of St. Albans stating

why they cannot be on the ballot. Mr. Slotnick stated that it was a constitutional matter that it would fill up the last slot on the ballot.

Discussion regarding criminal Summons for illegal use of dumpster at local schools

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Terry Sayre, Deputy Planning Director

Marty Tighe, Planning

This will be discussed at our next meeting, September 9, 2004.

Further discussion of moving a Kanawha County Sheriff's Detachment from Quincy to the UKVEC Building

Commissioner Hardy

Commissioner Carper stated the Sheriff’s Office is not working with Commission office on this move. Commissioner Hardy stated that he felt this was a good move for the Quincy Detachment and the Upper Kanawha Enterprise Community wants the detachment in their building. Mayor Damron Bradshaw stated that the tenants in the front of the building is willing to take another office and let the Sheriff’s detachment be in the front.

Commissioner Hardy moved to terminate the lease as of February 1, 2005. Commissioner Carper seconded. Motion carried. Commissioner Shores stated for Marc Slotnick to send cancellation clause to the Quincy Facility.

Discussion concerning the Sheriff's Department Leases at Jefferson, Quincy and Sissonville

Commissioner Hardy

Mark Slotnick, County Attorney

Representative(s) from the Sheriff's Department

Commissioner Hardy stated that the Commissioners’ received a letter from the Sissonville PSD wanting to raise the rent ($60.00) for the Sissonville Detachment. Commissioner Carper stated that some of the detachments could be closed. Commissioner Hardy moved for the detachments to be paid on a month-to-month lease until the new Sheriff is in office. Commissioner Carper seconded. Motion carried. Commissioner Carper stated that the rent for the detachment at the Sissonville PSD would stay the same.

Discussion regarding advancing funds to the Chesapeake Police Department in the amount of $6,000.00 to equip new police vehicle

Commissioner Carper

Commissioner Shores

Bill White, Emergency Services Director

Commissioner Hardy moved approval of $6,000.00 to equip a new police vehicle for Chesapeake Police Department. Commissioner Carper seconded. Motion carried.

Discussion resolving the status of the Estate of Raymond Cunningham – Commission required to pay $1,500.00 in attorney's fees

Commissioner Carper

Ray Keener, Assistant County Attorney

Ellen Golden, Esquire

Commissioner Carper stated that this had been worked out. Commissioner Carper stated that the lawyers indicated that Ellen Golden, Esquire would make payments on this account and that Mr. Keener is authorized to come up with a reasonable amount that she will sign. Mr. Keener stated that he felt that Marc Slotnick should deal with Ms. Golden because of some litigation he is dealing with her on. Commissioner Carper stated for Marc to come up with reasonable payments that she would sign and should be paid off in eighteen months. Commissioner Carper stated if she misses a payment, there should be a default clause in the note.

PUBLIC COMMENT

COUNTY MANAGER’S REPORT

COUNTY ATTORNEY’S REPORT

Marc Slotnick stated that this was Ashley McClure’s last Commission Meeting. Commissioner Carper stated that Ashley did an outstanding job for the Commission and we wish you the very best of luck in your legal career. Commissioner Carper stated for Mr. Slotnick to do a letter commending her of an outstanding job she did. Commissioner Carper stated that Ms. McClure’s had done some research on a couple of items for the Commission Office. (1) Weapons disposal for the Sheriff’s Department. Commissioner Carper stated that the Sheriff refuses to come and talk to the Commission about this. Commissioner Carper stated that the Sheriff’s Department is in violation with the State Law on this matter and Mr. Slotnick we need to send them a letter on this. (2) Humane Society. Commissioner Carper stated that in next years budget we need to look at the code on the Humane Officers. Commissioner Carper stated for Mr. Slotnick to analyze and give the Commission a position on this.

COMMISSIONER’S REPORT/AGENDA SETTING

Commissioner Carper stated that this was Vickie Miller’s last Commission

meeting and he wanted to commend her of her hard work and wish the best

of luck.

STAFF REPORTS

CLERK OF THE WORKS REPORT

Update regarding the Judicial Annex renovation project

Chuck Smith stated that courtrooms 3 & 4 would be moving in October 2004.

FIDUCIARY

Order Confirming and Ratifying Supervisor's Report of Claims and Short Settlement Reports

Order Confirming and Ratifying Supervisor's Report of Claims and Settlement Reports

Order Referring to a Fiduciary Commission, Estate of Jewell Marie McDorman

Order Referring to a Fiduciary Commissioner, Estate of Morton I. Taber

Order Referring to a Fiduciary Commissioner, Estate of Frederick B. Vaughn

Order Admitting Will to Probate, Estate of Robert L. Ruffner

Order Admitting Will to Probate, Estate of Carroll Key Wood

Order Declaring Re-Opened Estate Closed, Estate of Reva S. Graham

Recommendation and Order, Estate of Elia G. Husson

Recommended Order of Fiduciary Commissioner, Estate of Richard D. Saunders

Order Accepting Resignation of Administratrix and Appointment of Successor Administratrix, Estate of Clinton Dale Craig

Order Revoking Executor Appointing Administrator, C.T.A., D.B.N., Estate of Ernest Frederick Smith

Order Revoking Executor Appointment Administrator, C.T.A., D.B.N., Estate of Alma Webb Jarvis

Recommendation and Order, Estate of Elizabeth T. Ballard

Commissioner Carper moved approval of Fiduciary Orders. Commissioner

Shores 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:

Rodney Loftis & Sons, $33,085.20, debris removal from Paradise Valley Mobile Home Park

Tornado Volunteer Fire Department, $15,000.00, reimburse truck payment per letter of intent

Division of Highways (Treas./RPD), $5,946.34, rolloff and tipping fees for eastern cleanup

Waste Management – District #24, $22,201.53, eastern Kanawha County cleanup

S.M.P. & G. Volunteer Fire Department, $15,000.00, reimburse truck payments and insurance premiums per letter of intent

Rand Volunteer Fire Department, $17,106.00, reimburse for purchase of 1983 MC Mack E-One fire truck and partial reimbursement of tires

AT&T Wireless Service, $24,652.00, 32 additional IP addresses; APN configuration and setup for 30 new IP addresses; unlimited data charges for 30 Sierra Wireless MP 750 (Homeland Security Grant)

Norfolk Southern Corp., $564.94, insurance and lease payment on grade crossing located at Malden per Agreement dated 3/11/83

Pomeroy, $112,020.00, 30 Panasonic CF-29 notebook computers (Homeland Security Grant)

Vision Air, $85,645.00, mobile data clients and positions on messages switch, paperless reporting clients and installation fee (Homeland Security Grant)

GTSI Corp., $37,871.00, Ledco computer monitoring equipment and docking stations with advanced hubs for 30 notebooks (Homeland Security Grant)

Pomeroy, $22,603.60, 9 Dell Optilex X270 computers and 17" monitors, 9 HP Deskjet color printers, 9 USB printer cables, 40 Pro 2003 user license (Homeland Security Grant)

L&E Mobile Computer Mounts, $32,592.30, 30 Sierra Wireless MP-750 GPRS modems, 30 antennas, power cables (Homeland Security Grant)

L3 Communications, $21,499.00, Court security high capacity x-ray machine (Homeland Security Grant)

Prestera Center for Mental Health, $40,000.00, contribution 04-05 mental health and PI services (to be paid in monthly installments)

Prestera Center for Mental Health, $50,000.00, contribution for 04-05 involuntary emergency medical commitments (to be paid in monthly installments)

ZDS Design, $7,680.00, Judicial Annex redesign on HVAC Invoice 2198

WV Association of Counties, $6,500.00, 04-05 annual dues

Charleston Newspapers, $5,475.19, public hearing publications

Division of Highways (Treas./RPD), $18,126.66, charges for labor, equipment and tipping fees for Western, Southern and Northern Counties cleanup

Waste Management of West Virginia, $16,283.47, Northern Kanawha County cleanup tipping fees

WV State Auditor's Office, $12,260.00, financial audit of the 2003 fiscal year for Magistrate Court system

Waste Management of West Virginia, $6,855.72, Northern Kanawha County cleanup tipping fees

M&M Mailing Company, $20,000.00, postage for meter located at M&M Mailing Company for mailing of tax receipts, etc.

Commissioner Hardy moved approval of 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, $357,092.92

The Honorable Alma Y. King

Order Confirming and Approving Cash Disbursements to be made by the

Clerk of the Kanawha County Commission for:

a. Fiduciary Fund, (016), general budgetary, $6,362.11

b. Parking Facility (271), general budgetary, $1,047.61

c. KCC Special Health (372), general budgetary, $179,898.37

d. Coal Severance (002), general budgetary, $26,716.75

e. Home Confinement (008), general budgetary, $6,882.75

The Honorable Alma Y. King

Order for Approval of Submission of Application and Certificate for Payment on Judicial Annex Renovation Project in the Amount of One Million Two Hundred Four Thousand Eighty-Three Dollars and Eighty-Two Cents ($1,204,083.82) Payable from United Bank Trust Account to BBL Carlton per attached requisition

Allen Bleigh, County Manager

Authorization for the Clerk of the County Commission to issue a check from the Special Building Fund Line Item #244-987.00-4-57.00 in the amount of

Seventy-Three Thousand Eight Hundred Thirty-five Dollars payable to United Bank

Allen Bleigh, County Manager

Appointment of Emergency Ballot Commissioners for the General Election, November 2, 2004

Marc Slotnick, County Attorney

Authorization for the President of the Kanawha County Commission to sign the City of Charleston Hold-Harmless Agreement for the County Fair-Fire Truck Parade to be held on September 24, 2004

Bill White, Emergency Services Director

Authorization for the President of the Kanawha County Commission to sign

the Kanawha County Sheriff's Department Federal Annual Certification Report for fiscal year ending June 30, 2004 (due August 31, 2004)

Allen Bleigh, County Manager

Authorization for the County Clerk of Kanawha County to sign a resolution for the VOCA Grant Number 03-VA-017 in the amount of $22,777.00 for a full-time Victim/Witness Coordinator, Travel and Training

Jennifer Herrald, Grant Coordinator

Authorization for the County Clerk of Kanawha County to sign a resolution for the VOCA Grant Number 03-VA-024 in the amount of $24,376.00 for a full-time Victim/Witness Coordinator, Travel and Training

Jennifer Herrald, Grant Coordinator

Order for the Appointment of Patrick Donahoe to the Kanawha County Parks and Recreation Commission

Commissioner Shores

Applications for Appointment of Personal Property Taxes Pursuant to Final Divorce Orders in Accordance with Chapter 11, Article 5, Section 14, of the Code of West Virginia

Marc Slotnick, County Attorney

Authorization for the Clerk of the County Commission to issue a check from the Special Building Fund Line Item #244-987.00-4.57.00 in the amount of Ninety-Two Thousand Six Hundred Thirty-Five Dollars ($92,635.00) payable to United Bank to cover the cost of providing additional improvements to the Judicial Annex approved by the Commission by Order dated July 15, 2004, #2004-380, and for revision to the witness stands

Allen Bleigh, County Manager

Order authorizing the President of the Kanawha County Commission to execute reimbursement request Number 1, for the Homeland Security – Planner Grant

Jennifer Herrald, Grant Coordinator

Order approving overtime for Kanawha County Commission employees for pay period of July 4, 2004 through August 14, 2004:

|Name |OT straight |Amount |OT time/half |Amount |Total |

| | | | | | |

|Chandler, Tammie |16.15 |$309.76 |8.00 |$230.16 |$539.92 |

|Dunn, Susan |13.51 |$268.70 |1.97 |$58.77 |$327.47 |

|McCray, Dorothy |12.42 |$253.30 |8.52 |$260.64 |$513.95 |

|Miller, Vickie |4.94 |$98.25 |0.00 |$0.00 |$98.25 |

|Whittington, Sue Ann |4.16 |$73.47 |0.87 |$23.05 |$96.52 |

|Murnahan, Stephanie |0.37 |$2.78 |0.00 |$0.00 |$2.78 |

|Jobe, Kim |3.99 |$59.98 |0.82 |$18.49 |$78.47 |

|Robinson, Debbie |9.83 |$193.02 |7.55 |$222.37 |$415.39 |

|Harrison, Blanche |4.59 |$49.85 |0.00 |$0.00 |$49.85 |

|Leftwich, Steve |4.85 |$54.37 |0.00 |$0.00 |$54.37 |

|Melton, William |32.41 |$414.72 |44.93 |$862.38 |$1,277.09 |

|Taylor, Martha |0.1 |$1.12 |0.00 |$0.00 |$1.12 |

|Prowse, James |2.45 |$24.50 |0.00 |$0.00 |$24.50 |

|Naylor, Carla |0.76 |$8.08 |0.00 |$0.00 |$8.08 |

|Hodge, Edna |0.1 |$1.12 |0.00 |$0.00 |$1.12 |

|Clark, Michael |2.52 |$29.38 |14.82 |$259.21 |$288.60 |

|Lewis, BJ |9.32 |$110.81 |25.79 |$459.84 |$570.65 |

|Moore, Denver |4.03 |$47.55 |18.10 |$320.31 |$367.86 |

|White, James |13.05 |$162.32 |15.16 |$282.84 |$445.15 |

|Estep, Billy |4.36 |$50.33 |0.42 |$7.27 |$57.6 |

|Hudson, Theresa |14.14 |$256.18 |18.08 |$491.34 |$747.52 |

|Mendel, Christine |8.40 |$126.28 |0.00 |($0.00 |($126.28 |

|Carpenter, Harry |23.98 |$473.01 |25.44 |$752.72 |$1,225.73 |

|Bailey, Julie |1.50 |$18.36 |0.00 |$0.00 |$18.36 |

|Tilley, Kim |7.50 |$127.35 |0.00 |$0.00 |$127.35 |

|Slater, Kim |3.25 |$55.19 |0.00 |$0.00 |$55.19 |

|Humphreys, Stuart |3.25 |$55.18 |0.00 |$0.00 |$55.18 |

|White, Robert |0.75 |$12.73 |0.00 |$0.00 |$12.73 |

|Hackney, Catherine |4.31 |$70.45 |0.00 |$0.00 |$70.45 |

|Lilly, Melinda |3.75 |$57.85 |0.00 |$0.00 |$57.85 |

|Risher, Sandra |15.94 |$312.99 |3.95 |$116.34 |$429.33 |

|King, Amy |1.32 |$21.58 |0.00 |$0.00 |$21.58 |

|Baughan, Torrey |0.13 |$1.97 |0.00 |$0.00 |$1.97 |

|Connett, Elaine |0.13 |$1.97 |0.00 |$0.00 |$1.97 |

|(White, Bill |2.0 |$48.38 |2.0 |$145.16 |$193.54 |

|(Thomas, Thelma |5.0 |$68.00 |2.0 |40.80 |$108.80 |

| | | | | | |

|(TOTAL |241.25 |$3,951.09 |199.87 |$4,584.72 |$8,535.82 |

Commissioner Carper moved approval of the overtime order. Commissioner Shores seconded. Motion carried.

Authorization for the Clerk of the County Commission to issue a check from the General Fund Line Item #001-401.00-5-66.00 in the amount of Forty-Four Thousand Dollars ($44,000.00) payable to the Assessor's Reappraisal Fund, and to issue a check from the Coal Severance Fund Line Item #002-439.00-5-68.00 in the amount of Forty-Four Thousand Dollars ($44,000.00) payable to the Assessor's Reappraisal Fund

Allen Bleigh, County Manager

Authorization for the Clerk of the County Commission to issue a check from the General Fund Line Item #001-401.00-5-66.00 in the amount of Fifty Thousand Dollars ($50,000.00) payable to the Fiduciary Supervisor's Fund

Allen Bleigh, County Manager

Authorization for the Clerk of the County Commission to issue a check from the General Fund Line Item #001-401-00.5-66.00 in the amount of Three Hundred Thousand Dollars ($300,000.00) payable to the Special Health Insurance Fund

Allen Bleigh, County Manager

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

LETTERS OF INTENT

MISCELLANEOUS

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

F.Y. 2004-2005 COAL SEVERANCE FUND LINE ITEM REVISION

NEW CLAIM(S) – ACKNOWLEDGEMENT – CGL INSURANCE

DEPARTMENT PAY RAISES

PROSECUTING ATTORNEY

NAME OLD SALARY PROPOSED SALARY

Morgan Blair $8.00/hour $10.00/hour

KANAWHA COUNTY COMMISSION

NAME OLD SALARY PROPOSED SALARY

Stephanie Murnahan $7.50/hour $8.50/hour

SHERIFF'S DEPARTMENT

NAME OLD SALARY PROPOSED SALARY

Michael Keller

(Legal Process) $28,295.00/year $34,000.00/year

Jeffrey Cottrill

(Longevity Pay) $41,000.00/year $41,300.00/year

Commissioner Carper moved to approve the above raises. Commissioner

Hardy seconded. Motion carried.

Brian Reynolds

(Longevity Pay) $40,700.00/year $41,000.00/year

Bryan Stover

(Longevity Pay) $44,000.00/year $44,300.00/year

Robert Sullivan

(Longevity Pay) $41,000.00/year $41,300.00/year

Greg Young

(Longevity Pay) $44,000.00/year $44,300.00/year

Commissioner Hardy moved to approve the above raises. Commissioner Carper seconded. Motion carried.

NEW BUSINESS

Supplemental voucher, Assessor's Reappraisal Fund, $88,000.00, per Order

Supplemental voucher, Fiduciary Supervisor's Fund, $50,000.00, per Order

Supplemental voucher, Special Health Insurance Fund, $30,000.00, per Order

Supplemental Voucher – Norfolk Southern Corp, $564.94, Insurance

and lease payment for grade crossing at Malden

Supplemental Voucher – M&M Mailing, $20,000.00, Postage check

for mailing tax receipts

Supplemental Voucher – Kanawha County Public Library, $49,785.40,

Monthly Levy payment

Supplemental Voucher – WV Bureau of Employment Program,

$4,352.28, Former Employee Repayment

Commissioner Hardy moved for approval for supplemental vouchers. Commissioner Shores seconded. Motion carried.

EMERGENCY ITEMS

AND BOLD PRINT DENOTES EMERGENCY ITEM AND/OR CHANGE TO AGENDA

THE KANAWHA COUNTY COMMISSION MEETING OF AUGUST 26, 2004 RECESSED AT 8:00 P.M. UNTIL THE 9TH DAY OF SEPTEMBER, 2004 AT 5:00 P.M.

THE FOREGOING MINUTES ARE APPROVED THIS 21th DAY OF OCTOBER 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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