KANAWHA COUNTY COMMISSION
MINUTES OF A REGULAR SESSION OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, HELD AT THE COURTHOUSE THEREOF ON THE 23rd DAY OF JULY 2009.
A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 23rd DAY OF JULY 2009. THE COURTROOM OF THE COUNTY COMMISSION LOCATED IN THE KANAWHA COUNTY COURTHOUSE IN CHARLESTON, WEST VIRGINIA, BEGINNING AT 5:00 PM. COMPLETE AUDIO IS AVAILABLE IN THE COMMISSION OFFICE.
THE FOLLOWING MEMBERS WERE PRESENT:
W. KENT CARPER, PRESIDENT
HENRY C. SHORES, COMMISSIONER
DAVE HARDY, COMMISSIONER
7-23-09 2009-406 Order Confirming and Approving Orders in Excess of $4,999.99 to be issued by the Kanawha County Commission Purchasing Department
7-23-09 2009-407 Order Confirming and Approving Cash Disbursements to be made by
the Clerk of the Kanawha County Commission-General Fund
7-23-09 2009-408 Order Confirming and Approving Cash Disbursements to be made by
the Clerk of the Kanawha County Commission-Special Fund
7-23-09 2009-409 Approval of Erroneous Assessment Exonerations submitted by the
Kanawha County Assessor (Decrease $182,868.82)
7-23-09 2009-410 Applications for Apportionment of Personal Property Taxes Pursuant to Final Divorce Orders in Accordance with Chapter 11, Article 5, Section 14, of the Code of West Virginia
7-23-09 2009-411 Resolution – Fiscal Year 2009-2010 General Fund Budget Revision #2
7-23-09 2009-412 Resolution – Fiscal Year 2009-2010 General Fund Budget Revision #3
7-23-09 2009-413 Resolution – Fiscal Year 2009-2010 Coal Severance Fund Budget Revision #2
7-23-09 2009-414 New Employee, Matthew Harvey, Prosecuting Attorney’s Office, Assistant Prosecuting Attorney, full-time, permanent employment replacing Jill Sinatra, $58,000.00 per year, effective July 20, 2009
7-23-09 2009-415 New Employee, Woodrow Hill, Prosecuting Attorney’s Office, Assistant Prosecuting Attorney, new Grant Position, Drug Court Prosecution, full-time, permanent employment, $58,000.00 per year, effective July 20, 2009
7-23-09 2009-416 New Employee, Scott Thomas, Kanawha County Commission Office, Custodian, new 2009-2010 budgeted position, full-time employee, $25,000.00 per year, effective July 27, 2009
7-23-09 2009-417 Order appointing Kenneth Fitzwater, Jr., to the Elk Valley Public Service District to replace James C. Smith (term to expire August 15, 2015)
7-23-09 2009-418 Order appointing William Owen Stout to the Chelyan Public Service District to replace Jerry Jessie (term to expire August 1, 2015)
7-23-09 2009-419 Order Re-appointing Susan Blake to the Regional Intergovernmental Council (RIC) with a term to expire June 30 2010
7-23-09 2009-420 Order approving overtime for Kanawha County Commission employees for pay period ending August 15, 2009, for hours worked in the pay period of June 29, 2009, through July 12, 2009
7-23-09 2009-421 Order adopting and approving the Kanawha County Commission Employee Handbook
7-23-09 2009-422 Authorization for the Clerk of the County Commission to Issue a Check from the Public Safety Levy Grant Fund, Line Item # 029-711.00-800-5-68.00 in the amount of Thirty-Five Thousand Dollars ($35,000.00) to the Kanawha County Commission for contribution of 50% of salary and benefits for the Fire Coordinator/Deputy Director of Emergency Management position
7-23-09 2009-423 Order authorizing the President of the Kanawha County Commission to submit Alzheimer’s Foundation of American Bi-Annual Grant Application
7-23-09 2009-424 Order authorizing the Clerk of the County Commission to issue a check from the Stabilization Fund #058-401.00-5-68.00 in the amount of One Million Dollars $1,000,000.00 to the General County Fund (#001) for general cash flow purposes
7-23-09 2009-425 Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Fourteen Thousand Five Hundred Fourteen Dollars and Thirty-Four Cents ($14,514.34) to the Assessor’s Valuation Fund (#056), for reimbursement of life insurance costs
7-23-09 2009-426 Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Four Thousand Two Hundred Thirty Dollars and Thirty-Eight Cents ($4,230.38) to the Fiduciary Fund (#016), for reimbursement of life insurance costs
7-23-09 2009-427 Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Four Thousand Nine Hundred Sixty-Seven Dollars and Twenty-One Cents ($4,967.21) to the Home Confinement Fund (#008), for reimbursement of life insurance costs
7-23-09 2009-428 Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Seven Hundred Thirty-Nine Dollars and Thirty-Five Cents ($739.35) to the Coal Severance Fund (#002), for reimbursement of life insurance costs
7-23-09 2009-429 Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of One Hundred Fifty-One Thousand Three Hundred Two Dollars and Sixty-One Cents ($151,302.61) to the General County Fund (#001), for reimbursement of life insurance costs
7-23-09 2009-430 Order authorizing the President of the Kanawha County Commission to sign Enforcing the Underage Drinking Laws Grant Program in the amount of $17,100.00
7-23-09 2009-431 Order authorizing the President of the Kanawha County Commission to sign Court Security Fund Grant in the amount of $47,185.00
7-23-09 2009-432 Authorization for the President of the Kanawha County Commission to sign Change Order #1 for Project 301
7-23-09 2009-433 Authorization for the President of the Kanawha County Commission to sign a Certificate of Title Transferring Total Loss Vehicle to Travelers Insurance (2008 Dodge Charger Police Interceptor XX14317)
7-23-09 2009-434 Order Funding the County’s Match for Water Project: Northern Kanawha County, Account #009-388-0-34.03
7-23-09 2009-435 Order Funding the County’s Match for Water Project: Sanderson Dutch Ridge, Account #009-388-0-35.02
7-23-09 2009-436 Order Funding the County’s Match for Water Project: Guthrie Alternates C&D, Account #009-388-0-37.03
7-23-09 2009-437 Order Funding the County’s Match for Water Project: Derrick’s
Creek Ridge, Account #009-388-0-36.05
7-23-09 2009-438 Order Authorizing the President of the Kanawha County Commission to sign the Application and Acceptance of Federal Grant documents from the EPA-STAG Grant in the amount of $184,000.00 for construction of the Derricks Creek Water Line Extension Project
09. 2009-439 Order Revoking Order 2009-248 and replacing with Order Authorizing President of the Kanawha County Commission to sign Contract and Agreement with Kanawha-Charleston Health Department ($200,000.00, payable in 11 months at $16,666.66, and one installment of $16,666.74)
7-23-09 2009-440 Order authorizing and approving the Manual Journal Entries as set forth in 7/16/2009 Memorandum from Kim Lutz, Director of Accounting
7-23-09 2009-441 Order authorizing the President of the Kanawha County Commission to sign Loan Agreement, Promissory Note, and future authorization to execute any other documents necessary in the ministerial duties as related to the purchase and financing of the County’s new voting equipment for satellite precincts, including a request for extension of payment of existing loan agreement
7-23-09 2009-442 Order – Supplementals/Check Register (as set forth and listed below)
Order on Agenda but NOT approved/processed from 7/23/09 Commission Meeting:
Authorization for the President of the County Commission to sign an Addendum to the Construction Contract between BBL Carlton and the Kanawha County Commission for the construction of the Grand Jury Courtroom and other related rooms in the Alpha Building of Project 301
Minutes approved/processed at the 7/23/09 Commission Meeting:
Approval of Commission Meeting Minutes of July 9, 2009
New Employees approved/processed at 7/23/09 Commission Meeting:
New Employee, Matthew Harvey, Prosecuting Attorney’s Office, Assistant Prosecuting Attorney, full-time, permanent employment replacing Jill Sinatra, $58,000.00 per year, effective July 20, 2009
New Employee, Woodrow Hill, Prosecuting Attorney’s Office, Assistant Prosecuting Attorney, new Grant Position, Drug Court Prosecution, full-time, permanent employment, $58,000.00 per year, effective July 20, 2009
New Employee, Scott Thomas, Kanawha County Commission Office, Custodian, new 2009-2010 budgeted position, full-time employee, $25,000.00 per year, effective July 27, 2009
Budget Revisions approved/processed at 7/23/09 Commission Meeting:
1. Fiscal Year 2009-2010 General Fund Budget Revision #2
2. Fiscal Year 2009-2010 General Fund Budget Revision #3
3. Fiscal Year 2009-2010 Coal Severance Fund Budget Revision #2
4. Fiscal Year 2009-2010 Demolition Fund Line Item Budget Revision
5. Fiscal Year 2009-2010 Special Health Fund Line Item Budget Revision
6. Fiscal Year 2009-2010 Fiduciary Fund Line Item Budget Revision
Supplementals/Check Register approved/processed at 7/23/09 Commission Meeting (as set forth in Order 2009-442):
Supplemental voucher, Pitney Bowes, $10,000.00 (Postage for outgoing mail for County Clerk)
Supplemental voucher, Pitney Bowes, $6,500.00 (Postage for Fiduciary)
Supplemental check, General County Fund, $1,000,000.00 (from Stabilization Fund for general cash flow purposes)
5:00 P.M. CALL TO ORDER
Pledge of Allegiance
Commissioner Henry C. Shores
Kendal Hypes, Sheriff’s Department
Deputy Kendal Hypes expressed his gratitude to the Sheriff’s Department for their consideration while he has been serving in the guard. Commissioner Carper thanked Deputy Hypes for his service.
Moment of Silence and Recognition
Commissioner Hardy asked that John Rollins, a member of the Kanawha County Bar, be remembered during this time.
APPROVAL OF COMMISSION MEETING MINUTES
Approval of Commission Meeting Minutes of July 9, 2009
Commissioner Shores moved to approve the minutes for meeting on July 9, 2009. Commissioner Hardy seconded. Motion carried.
NEW EMPLOYEES
Prosecuting Attorney’s Office
Matthew Harvey, Assistant Prosecuting Attorney, full-time, permanent employment replacing Jill Sinatra, $58,000.00 per year, effective July 20, 2009
The Honorable Mark Plants, Prosecuting Attorney
Woodrow Hill, Assistant Prosecuting Attorney, new Grant Position, Drug Court Prosecution, full-time, permanent employment, $58,000.00 per year, effective July 20, 2009
The Honorable Mark Plants, Prosecuting Attorney
Woodrow Hill is a grant position. The grant is for $58,000 for a year. Harvey has 4 years experience. Commissioner Shores moved to approve new employees for the Prosecutor’s Office, Matthew Harvey and Woodrow Hill. Commissioner Hardy seconded. Motion carried.
ϖ Commission Office
Scott Thomas, Custodian, new 2009-2010 budgeted position, full-time employee, $25,000.00 per year, effective July 27, 2009
Brent Pauley, County Manager
Commissioner Hardy moved to approve new custodian, Scott Thomas. Commissioner Shores seconded. Motion carried.
Discussion regarding the implementation of a WV Day Report Drug Test Laboratory facility to be located in the Kanawha County Day Report Center, Kanawha County, which will be utilized by the Kanawha County Day Report Center, the Kanawha County Drug Court and other entities as solicited by the Day Report Center including, but not limited to, the need for funding of build-out and employment of a Lab Technician and two Screeners (all positions would work for the Kanawha County Sheriff in the Day Report Center)
Commission President Kent Carper
The Honorable Jennifer Bailey
The Honorable Louis H. Bloom
Steve Collins, WV Day Report Drug Test Laboratory
Commissioner Hardy would like verification of the facts. The lab will be located at Christopher Street and it would require 3 new hires, being 1 full time lab technician and 2 full-time screeners, a male and a female. Kanawha county currently uses Kroll for testing and the turn around is 10 days and the costs is $9-15 per test, current tests include Home Confinement, Day Report, Probation, and Family Court as well as abuse and neglect cases. County currently pays approximately $50,000 a year for this type of testing. Judge Bailey says the cost is to be $2,000-$3,000 for construction of the lab. Commissioner Hardy would like to eventually eliminate Kroll all together. There is currently 2 labs operating and soon to be 8 labs in the state. Steve Collins stated that it is the goal to eventually provide services with outside agencies to earn a profit. Judge Bloom stated that this lab will create jobs and produce instant results. A proposed salary would be approximately $30,000 for the lab technician and Judge Bloom stated possibly more. It would depend on the competitive nature of the market. He would suspect that it would be more. Judge Bailey stated that it would be 3 full-time positions. Salary structure on other labs in the state is $25,000, $21,000, and $18,000. These are full-time county employees. Commissioner Carper proposed that the Sheriff prepare a budget, select new hires and prepare a proposal then return to the Commission for approval. Starting salary for commission is $25,000. Commissioner Hardy moved to approve that the commission at the request of the Circuit Court implement a drug lab. Judge Bailey is responsible for the Drug Court. Family Court is on board with the drug lab. All Drug Court staff was present and presented to the commission. Judge Bailey expressed thanks to commission for their support with the entire process of the Drug Court. Wood County employee was present to show that their lab is successful. Commissioner Carper stated that this would be taking tax payer money that is now going out of state and putting people to work here. Commissioner Carper seconded and clarified that the motion is for Kanawha County to establish a drug testing facility at the current location on Christopher Street and that the Kanawha County Sheriff would oversee the program. The Sheriff would submit a proposed budget amendment for commission approval. Commissioner Hardy would like to capture the $100,000 and make this a revenue neutral situation. He expects the demand to increase. Mercer County has made $210,000 the first year. Judge Bailey stated that when grant money runs out this would be a funding mechanism. The fees will be set by the commission. Commissioner Hardy stated that there is clearly a demand for the product. Sheriff requests court order for the in house charges for home confinement. There needs to be a determination as to how fees will be collected. Commissioner Carper stated that the topic be placed on agenda for the next meeting for further discussion. Motion carried. Prosecutor is in agreement with the lab. Commissioner Carper instructed staff to monitor the budget to see if the lab continues to be revenue neutral. Results will be back almost immediately rather than the 10 day turn around. Commissioner Carper thanked Judge Bailey and Judge Bloom for their efforts on the Drug Court. Motion carried.
Order appointing Kenneth Fitzwater, Jr., to the Elk Valley Public Service District to replace James C. Smith (term to expire August 15, 2015)
Commission President Kent Carper
Order appointing William Owen Stout to the Chelyan Public Service District to replace Jerry Jessie (term to expire August 1, 2015)
Commission President Kent Carper
ϖ Order Re-appointing Susan Blake to the Regional Intergovernmental Council (RIC) with a term to expire June 30 2010
Commission President Kent Carper
Commissioner Carper moved to approve the appointment of William Owen Stout for Chelyan PSD, Kenneth Fitzwater for Elk Valley PSD, and Susan Blake for RIC. Commissioner Shores seconded. Motion Carried. Commissioner Hardy inquired into Jerry Jessie being removed from CPSD. Commissioner Carper suggested that Jessie be removed from Chelyan PSD because of the difficult time with the O & M agreement or the merger. Commissioner Hardy asked Mr. Jessie his position on the merger. Mr. Jessie’s position is that there has been no proposed merger, but an O & M agreement. He stated that the citizens do not want to relinquish ownership of facilities. Town of Pratt has authorized mayor to sign agreement with CPSD. UKVPSD has indicated that they will sign agreement with CPSD as soon as final language changes are made and the costs to be charged to them are reviewed and finalized. He read in the newspaper and was displeased with RDA possibly not providing the $100,000. Mr. Jessie has served on the CPSD for 13 years. Commissioner Hardy stated that the Commission wants the Pratt-Chelyan merger. He stated that it has to happen. The CPSD is well run and it is difficult to take on one with problems. Mr. Jessie would like to give the next steps for the agreement. Commissioner Carper asked when the CPSD decided to cancel the O&M. Jessie stated that the CPSD never did. Commissioner Carper received letter to cancel the O&M, but the letter was never approved. Commissioner Carper had to have the issue overturned. Jessie’s position on a total merger is that the costs would have to be paid. Mr. Jessie would approve a merger of all three. Commissioner Carper suggested the change for open mindedness for the consolidated merger. Mr. Jessie stated that the individuals from Pratt were hard to work with. Jessie stated that the O & M agreement could possibly be reached within two weeks when the cost issues are ironed out and the other two entities are ready to sign. Jessie expressed concern for an email from Commissioner Carper’s Assistant. Commissioner Carper stated that such emails will be made part of the record. Email record attached. Commissioner Hardy wants to know what it will take for the agreement to take place. Mr. Jessie stated that it will take the $100,000 from the RDA and for the Town of Pratt’s sewer rates to be determined. CPSD is concerned with the customers of Chelyan not be affected by the troubles of Pratt. Mr. Jessie brought a bill for $8,000 to request a payment on behalf of the CPSD Board. Mr. Jessie resigned from his position effective immediately upon the swearing in of William Stout, based on the relationship with the County Commission. Commissioner Shores moved to accept resignation. Commissioner Hardy voted no to remove Jerry Jessie from the board. Commissioner Hardy stated that he is for the merger. He stated that he feels that Mr. Jessie should continue his service. Mr. Jessie appreciates that but he would like to resign. Mr. Jessie has met with Mr. Howell and is sure that he is capable of keeping things in order. Commissioner Shores moved to approve the appointments. Commissioner Carper seconded. Commissioner Hardy voted no. Motion carried. Commissioner Carper stated that he is frustrated with the delay and with the amount of money that has been spent trying to get this resolved. Mr. David Howell stated that the amount necessary for the O&M agreement to take place is questionable until it can be determined how much of Pratt’s actual debt is related to the sewer. Until the status of the $100,000 from RDA is determined it is hard to determine when the O&M agreement will take place Commissioner Carper moved to approve payment of the CPSD bill for approximately $8,000. Commissioner Shores seconded. Motion carried.
Discussion regarding the Town of Pratt to include, but be limited to, status of O&M Agreement between Chelyan Public Service District and Upper Kanawha Valley Public Service District
Commission President Kent Carper
The Honorable Gary Fields, Mayor, Town of Pratt
Mayor Fields stated that the Town of Pratt is not $500,000 in debt only $100,000 for the water and sewer system. A portion of the $500,000 is from lost revenue from the newspaper article. There is an audit currently being performed by the state. The Town of Pratt is ready to move forward with the agreement with Chelyan. Commissioner Hardy asked when Pratt would be in a position to provide the exact amount of the debt on the water and sewer system. Mayor Fields stated that there is currently an audit being conducted, but red flags keep popping up. The auditor’s name is Jonathan Vickers. Mayor Fields will provide contact information for auditor. Mike Griffith is to provide information on the exact amount of debt. Commissioner Carper stated that the draft audit for the Town of Pratt for the years of 2006, 2007, and 2008 has shown incompetent accounting practices. This has been pointed out to Pratt year after year and Pratt did not want commission involved. Now that the town is on the eve of receivership Pratt comes back and wants commission to get involved and get the problem resolved. Commissioner Carper is disturbed by the amount of time and money wasted on this for over 5 years. He is going to insist on a merger. Commission has previously given Pratt $50,000 and $60,000 that has not been spent accordingly. Commissioner Hardy stated that he is concerned about the tax lien. Tammy Alexander, Pratt Recorder, stated that the tax lien is regarding employees of the water and sewer plant, not for the Town of Pratt. Commissioner Hardy stated that it is fraudulent conduct to withhold from the paychecks and not submit that to the government. Ms. Alexander stated that the Town of Pratt did receive a refund from the US Treasury. The refund was for overpayment for the Town of Pratt employees not for the employees of the sewer plant. Jerry Jessie stated that in regard to the $60,000 tax lien, the costs would be recovered through the sewer rates for the people of the Town of Pratt. Mayor Fields wanted to make the commission aware that he has contacted the FBI. He stated that the Town of Pratt has no problem merging with CPSD. Commissioner Hardy states that there will be a significant portion of coal severance funds used and the Town of Pratt will have a substantial rate increase. They have already applied for a forty-five percent rate increase. Commissioner Carper stated that he has not had the support of the Commission and Commissioner Hardy disagreed stating that he has been in support of the merger all along.
Commissioner Shores swore in Kenneth Fitzwater, Elk Valley PSD, William Owen Stout, Chelyan PSD, and Susan Blake, RIC. Commissioner Hardy voted no for the appointment of Kenneth Fitzwater to the Elk Valley PSD and no for the appointment of William Owen Stout for the Cheylan PSD.
Commissioner Hardy moved to submit a letter to RDA encouraging that they send $100,000 to the Town of Pratt upon completion of the merger. Commissioner Carper stated that they are not merging. Mayor Bradshaw states that he is in agreement with the merger if the commission agrees to the $100,000. Commissioner Carper stated that the Town of Pratt will never support a merger. Commissioner Hardy stated that Pratt previously stated that they will support a merger. Jim Weimer, Public Service Commission, understood that the $100,000 was committed because of the issues with the treatment plant that needed to be addressed prior to the agreement moving forward. Commissioner Carper asked Mr. Weimer to estimate the total costs. Commissioner Carper asked about $300,000 and Mr. Weimer agreed. He stated that DEP is going to be hard to convince that this should continue without the improvements being made and without the money being available. Commissioner Carper stated that the $100,000 is going to be a gift not a loan because it will never be paid back. Mr. Weimer stated that the merger will take another 2 years. The O&M agreement is the best way to proceed with the idea of a merger eventually. Commissioner Hardy withdraws his motion for the $100,000 from RDA upon completion of the merger. Commissioner Carper stated why not just put Pratt in receivership. Mr. Weimer stated that two years is a reasonable time for a merger to take place. Other issues need to be handled right now. There is equipment that needs replaced and improvements at the plant that need to be made. DEP has met with the mayor and because they knew the agreement would move forward they approved for part-time operators. Mr. Weimer stated that Jerry Jessie performed well on the board. Mayor Damron Bradshaw inquired as to the renewal of O&M agreement and it was stated that they are renewable. RDA current check balance is approximately $113,000-$114,000. Mayor Bradshaw feels that the O&M agreement could be in place within a month. Mayor Bradshaw stated that they would like to have the agreements in place. Commissioner Hardy stated that he feels the agreement should include phrasing that would include establishing a date for the merger to take place approximately two years. Mayor Bradshaw believes Chelyan and Pratt will eventually merger. Commissioner Carper moved that the matter be referred to RDA, that they have meeting and decide what to do. Commissioner Shores seconded. Motion carried. Commissioner Carper instructed Patrick to prepare notice for an emergency meeting. He stated that RDA will probably vote to do it if the commission will guarantee the money. Mayor Fields stated that the Town of Pratt rate increase will be in effect by the end of the year. Commissioner Hardy stated the sooner the better. Commissioner Carper apologizes if he offended anyone on this matter, but it became apparent that it was necessary to get action. He is only looking out for the citizens of Kanawha County.
Discussion regarding proposed trip by The Honorable Mark Plants, Prosecutor to Queens, New York to review the 10-Day Indictment Process for the Prosecutor’s Office to include but not be limited to the transfer of $15,000.00 to the Prosecutor’s Budget for the proposed trip
Commission President Kent Carper
The Honorable Mark Plants, Prosecuting Attorney
Jennifer Sayre, Deputy County Manager
Commissioner Carper moved to approve for discussion. Commissioner Hardy seconded. Prosecutor Mark Plants did calculations for costs related to issues prior to indictments. He estimates that the costs for one term $308,000. There are three terms so that would be roughly $900,000 a year. This is money that the county pays for the jail bill for people that have not yet been indicted. If New York can indict within 10 days and Kanawha County can do it in thirty days, then that would mean a savings of approximately $195,000 per year. It is possible because he has done it twice already. Grand Jury currently meets 6-7 times a year. His goal would be to meet once a month. While in New York all attorneys attending will receive CLE credits. The cost comes out to about $800 a person. Dave Fontalbert stated that this will be paid from the contributions line item. Commissioner Hardy confirms costs to verify that there are only the necessary costs being taken. Commissioner Carper stated that he commends the prosecutor for taking this on. He also stated that along with reducing the costs of the jail bill, this is what the county is supposed to do anyway, controlling public safety. Motion carried.
Discussion regarding the reconsideration of constructing a Courtroom on the first floor of the Alpha Building, Project 301, including, but not limited to, approval of the necessary Work Order
Commissioner Dave Hardy
Brent Pauley, County Manager
Steve Neddo, Maintenance Director/Clerk of the Works
Charles Keefer, Associated Architects
Commissioner Hardy moved to reconsider the decision to not do the courtroom and that the construction should be done now. Commissioner Shores seconded. Commissioner Carper stated that the court has agreed to let the room serve as a Grand Jury room. This would require the court to be in control of the courtroom. Commissioner Hardy stated that he feels the prosecutor’s office should be separated from the courts. He is making the motion with the intent that the grand jury will never meet there. Commissioner Hoppy inquired as to the details of the loan. Dave Fontalbert stated that the commission borrowed $10 million for 15 years and that it is a straight loan. The construction of the courtroom costs is from $209,000 to $215,000. There will be a change order. Commissioner Carper stated that it will be a functional courtroom. Original cost was $160,000. Associated Architects showed the diagram. Commissioner Hardy’s vote is for the original design unless he sees a letter from the court saying that it will be used as Grand Jury courtroom. He feels it would be more beneficial as a conference room. Commissioner Shores stated that all departments should sign off on the design. Commissioner Carper would like the new design. Prosecutor Plants would like to have access to the space as a conference room. Commissioner Hardy says that it needs to be in writing that the court is going to use this as the Grand Jury room. It is not necessary to build it out if it is not going to be used that way. He feels that it will not be used as grand jury room. Prosecutor and Commissioner Carper met with Chief Judge Stucky and he stated that the court would like to use room for Grand Jury. Prosecutor Plants would like to use the room for both purposes. Sheriff stated that it makes sense to him to have it as a standard courtroom. Difference in cost is $48,000. Commissioner Hardy moved to use the original design. Cost is $160,970 but, this does not include non fixed furniture. If the court says in writing that it will use as a grand jury room, Commissioner Hardy will reconsider the construction of the jury room. Prosecutor believes that if he asks the court for permission to use courtroom they will allow him to do so. The decision will be made at next meeting. It is to be placed on next agenda. Commissioner Carper instructs the Prosecutor to write a letter to the court verifying their interest in the new construction being a Grand Jury room and that he will have access to use as a conference room also. Prosecutor has a concern with not getting all judges to agree. Commissioner Carper anticipates that not all will agree so it should be decided now. Commissioner Hardy moved that the construction be a new courtroom for the prosecutor, which is the original design. Commissioner Carper seconded. Motion carried.
Discussion regarding Alzheimer’s Foundation of American Bi-Annual Grant Application
Commission President Kent Carper
Carrie Clendening, Grant Coordinator/Legislative Liaison
Sheriff would like to apply for grant through the Alzheimer’s Foundation. This would be used to buy equipment. Commissioner Carper moved to approve for discussion. Commissioner Shores seconded. Gale Teare stated that Project Life Saver Program is a search and rescue program that is international. It uses tracking bracelets to locate individuals that may wander off. Motion carried.
ϖ Request by The Honorable Kenneth Payne to be administered the Oath of Office
Commission President Kent Carper
The Honorable Kenneth Payne, Councilman
Commissioner Carper verified with County Clerk Vera McCormick that there is nothing in the code that would prohibit the swearing in of Kenneth Payne. She stated there is not. Commissioner Hardy moved to swear in Kenneth Payne. Commissioner Shores seconded. Motion carried. Commissioner Carper stated there was no notice of Canvas, therefore according to code the election is not over. Kenneth Payne was not informed of canvas. Commissioner Carper stated that the commissioner has no authority over Clendenin, just because he swears him in does not mean that the City of Clendenin has to do anything. Mr. Payne stated that there were several complaints on the election filed with the Secretary of State’s office and the County Clerk’s Office, for example the ballot positions changed right before the election because someone dropped out. Commissioner Carper swore him in. Commissioner Carper asked that it be filed and recorded in the County Clerk’s Office. Vera McCormick stated that it was the Clendenin Recorder’s first election and he did try. She does assist cities with elections, but she doesn’t run their elections. She stated that they did hold canvas. It is in the code that the canvas must be within five days of the election. Commissioner Carper stated that the notice of canvas should have been filed. Commissioner Hardy points out that there is a general understanding that if the code is unclear then the law would always favor the seating of the elected party. Martha Mitchell wanted to go on record as agreeing with Kenneth Payne with regard to ballot positions changing. She also stated errors of early voting. Commissioner Carper stated that County Clerk is not the overseer of city elections. She is only there to help. Commissioner Carper assumes the Clendenin Mayor does not want Kenneth Payne on the council. Commissioner Carper called Mayor of Clendenin, prior to the meeting, asking him to reconsider this matter. Commissioner Hardy suggested that it would be a writ of mandamus that would be necessary. Commissioner Carper stated that it is up to the people of Clendenin to determine if this is what they want their government to do. He stated that it would appear that he is a councilman.
Discussion regarding proposed Change Order in the amount of $57,000.00 in the bid presented by John Slappe Painting for plaster repair and painting of first floor ceiling in the Alpha Building of Project 301 including, but not limited to, alternative solutions to perform the necessary work
Commission President Kent Carper
Commissioner Henry C. Shores
Commissioner Dave Hardy
Steve Neddo, Maintenance Director/Clerk of the Works
Jerie Whitehead, Purchasing Director
Charles Keefer, Associated Architects
Commissioner Hardy moved to approve for sake of discussion the change order for $57,000. John Slappe admitted that it was on honest mistake on his behalf. John Slappe has performed all painting for the county projects for the past ten years. Commissioner Hardy points out that Mr. Slappe has not tried to hide the error and he has been up front from the beginning. Slappe stated that the profit was figured to be ten percent. If the job was finished out as is without the change order Slappe stands to lose $40,000. Commissioner Hardy has verified with Brent Pauley and Jeri Whitehead that it was an honest mistake and everyone understood how the mistake was made. Jeri Whitehead stated that the subcontractor, MBC Plaster, submitted two bids and they were not added together. She stated that all interpreted the bid the same as Mr. Slappe. The actual bid sheet was the misinterpretation based on how it was laid out. Commissioner Hardy moved to go ahead with the change order with the bulkhead option of removing the bulkhead. The change order is for $39,999.99. Commissioner Shores seconded. Motion carried.
Discussion and request by Kanawha County Sheriff’s Department for approval of the Kanawha Valley Community and Technical College to teach four week Heavy Equipment Operator’s Course at Camp Virgil Tate (four weeks of free heavy equipment work at no cost to the County; approved by the 4H Foundation’s Board of Directors)
Commission President Kent Carper
The Honorable Michael Y. Rutherford, Sheriff
John D. Rutherford, Chief Deputy
Sgt. Keith A. Vititoe, Training Coordinator
Commissioner Hardy moved to approve the request by the Sheriff’s Department for the approval of the Kanawha Valley Community and Technical College to teach a four week Heavy Equipment Operator’s Course at Camp Virgil Tate in exchange for four weeks of heavy equipment work at no charge. Commissioner Shores seconded. The idea is to improve existing facilities. Motion carried.
PUBLIC COMMENT
Diane Buzzard of Elkview was in attendance to present a petition for water to be brought into their area. Petition attached. There are eight property owners in the area and currently have seven families. She suspects that they have been on the list for some time. There is water on the main road and she is located about one mile from that. Commissioner Carper accepted the petition and instructed David Armstrong to research the petition and next meeting let commission know the location, where the water company stands and if it something that can be picked up. Commissioner Shores stated that the line would help with insurance costs. Commissioner Carper wanted to verify that it was not something that they had previously turned down and she stated that they had not. Commissioner Carper pointed out that there is currently not an ongoing water project. David Armstrong stated that planning is already taking a look at this and the project is expected to cost $130,000. They have spoke with the water company to see what they are willing to contribute. Commissioner Carper stated that there may be some discretionary money that can be used for this. These families currently have septic tanks and well water. There would be a total of seven families served. Commissioner Carper instructed it to be sent to RDA for evaluation and should be able to let them know something by the end of summer.
Discussion regarding the progress and implementation of Community Voting with satellite early voting locations
Commission President Kent Carper
Commissioner Henry C. Shores
Commissioner Dave Hardy
The Honorable Vera J. McCormick, County Clerk
Brent Pauley, County Manager
Jennifer Sayre, Deputy County Manager/Grant Director
David Fontalbert, Chief Fiscal Officer
Carrie Clendening, Grant Coordinator/Legislative Liaison
Andrew Gunnoe, Law Intern
Vera McCormick stated that the EAC has certified the new DS200. It is an upgraded M100. It is a savings of $65,000 for each location. Commissioner Carper stated that it is not the same machine that everyone else will be using. Vendor will be doing a demo for commission to see. Vera stated that it is still an optical scan ballot. Early voting ends Saturday before election. Vera has sent out surveys to different areas inquiring as to availability of sites. Commissioner Carper inquires as to how the clerk feels regarding if the Secretary of State allows for rotation. Vera doesn’t have a problem with it if it is done using touch screen but feels it would be nearly impossible to move all those ballots if using the optical scan ballots. Vera stated that she will recommend the satellite voting to the chairpersons of both parties. Commissioner Carper predicts that the rotation will be allowed. Vera requests that commissioners come to see the set up for early voting.
Discussion regarding authorizing the President of the County Commission to make application for an interest-free loan from the West Virginia Secretary of State for the purchase of voting equipment needed for early voting satellite precincts, including, but not limited to, making application for an extension of repayment of the County’s current interest-free loan.
Commission President Kent Carper
Brent Pauley, County Manager
Vera stated that it needs to be decided what we are buying before applying for the loan. Commissioner Carper feels that application for loan can be submitted before doing that. Commissioner Carper moved to submit for loan. Commissioner Shores seconded. Motion carried. Vera stated that the current loan’s last two payments can be rolled over to 2015. That would be a savings of $190,000 a year. Ethics Commission is meeting August 6, 2009. Then she will hold a meeting to discuss the location.
Discussion regarding Broadband Technology Opportunities Program Grant Application
Commission President Kent Carper
Jennifer Sayre, Deputy County Manager/Grant Director
Carrie Clendening, Grant Coordinator/Legislative Liaison
Dennis Wyer, IT Director
Commissioner Carper moved to approve the grant application. Commissioner Hardy seconded. Motion carried.
Discussion and update of the County’s participation in the National Association of Counties Prescription Drug Program including, but not limited to, the option to participate in a private sector program, which would compensate Kanawha County for its use
Commission President Kent Carper
Brent Pauley, County Manager
Brent Pauley stated that the county currently participates in the NACO program. There has been an outside vendor offering the use of a similar card. The difference being that the county would receive $20,000-$25,000 a year for using the new card. There are no other counties that are dropping NACO. Bob Smith was present to represent Nu Legacy. Staff recommends staying with NACO because the money goes to NACO which in turn reduces the county dues. NACO dues are $5,000 a year. NACO savings on prescription costs averages thirty percent and Nu Legacy savings is forty-four percent. There are roughly eleven hundred participants a month with NACO. The cost for Nu Legacy is $39 a month to maintain a website. Brent Pauley and Dave Fontalbert have discussed the issue and have received other offers in the mail as well. Commissioner Shores moved to have this matter carried to a later date when more information is available.
Discussion regarding Neighborhood Stabilization Grant with Deadline of August 10, 2009, and requirements for said grant to be used for Demolition
Commission President Kent Carper
David Armstrong, Planning Director
Patrick Snyder, Project Coordinator
Commissioner Carper recommended that staff get with Damron Bradshaw of the UKVEC, City of Charleston, and the Kanawha-Charleston Housing Authority to see if they are interested. Commissioner Carper moved for this matter to be placed on the next agenda.
Discussion and approval of the proposed dates for the Fall-Clean Ups
Commission President Kent Carper
Planning Director David Armstrong
▪ September 19, 2009 Cross Lanes
▪ September 26, 2009 Cabin Creek
▪ October 3, 2009 Sissonville
Commissioner Carper moved to approve the dates for the Fall Clean Ups. Commissioner Shores seconded. Motion carried.
Update regarding Public Hearings for the proposed Animal Cruelty/Anti-tethering Ordinance, held on July 14, 2009, Belle Town Hall, and July 16, 2009, at Cross Lanes Elementary School
Commission President Kent Carper
Andrew Gunnoe, Law Intern
Commissioner Carper stated that the planning commission has held two public meetings. Andrew Gunnoe stated that public comment seems to be in favor by ninety percent. The next step is to get a proposed ordinance, then it be placed before the Kanawha-Charleston Humane Society, then before the planning commission, and then back to the commissioners for approval.
COUNTY MANAGER’S REPORT
Brent requested permission to put a flier in the paychecks regarding cooking classes from the wellness committee. Commissioner Shores moved to approve. Commissioner Hardy seconded. Motion carried.
DEPUTY COUNTY MANAGER’S REPORT
CHIEF FISCAL OFFICER’S REPORT
Dave Fontalbert is proposing to move one million dollars from the Financial Stabilization Fund. This leaves a balance of about $980,000 in that account. The county has an outstanding jail bill is $2.7 million. Commissioner Carper stated that the brakes have been put on spending. The alternatives are cut more spending, raising the levy, and hopefully some relief from the jail bill. There is $500,000 coming from the regional jail and that he would like to see go back to them.
COUNTY ATTORNEY’S REPORT
Commissioner Carper inquired as to the order for the Pink Pony situation. He would like to see the order. The vote was four to one at the appeals board.
CLERK OF THE WORKS REPORT
STAFF REPORTS
NEW BUSINESS
FIDUCIARY
Commissioner Hardy moved to approve all Fiduciary orders. Commissioner Shores seconded. Motion carried.
Order Confirming and Ratifying Supervisor’s Report of Claims and Short Settlement Reports (presented pursuant to W. Va. Code § 44-3A-4a, as amended)
Order Confirming and Ratifying Supervisor’s Report of Claims and Settlement Reports
Recommended Order of Fiduciary Commissioner, Estate of Susie Mae Pendleton (Troy N. Giatras, Fiduciary Commissioner)
Order Referring to a Fiduciary Commissioner, Estate of Marie Phyllis Whitlock Bell (Charles Phalen, Jr., Fiduciary Commissioner)
Order Declaring Re-Opened Estate Closed, Estate of Janice Ilene Means
Order Declaring Re-Opened Estate Closed, Estate of Ted Hartman Lambert
Order Declaring Re-Opened Estate Closed, Estate of Myrtle M. Sampson, a/k/a Myrtle Vance
PURCHASE ORDERS
Commissioner Hardy moved to approve all purchase orders. Commissioner Shores seconded. Motion carried.
|Vendor |Department |Amount |Comments/Description |
| | | | |
|Pitney Bowes |County Clerk |$10,000.00 |Postage for outgoing mail |
|Complete Systems Support, Inc. |County Clerk, Elections |$6,392.00 |Maintenance coverage from August 1, 2009, to July |
| | | |31, 2010 |
|Pitney Bowes |Sheriff’s Tax |$27,588.56 |4 months lease of Pitney Bowes DI950 folder/inserter|
|Pitney Bowes |Fiduciary |$6,500.00 |Postage |
|AT&T Mobility |Commission |$23,000.00 |MDT Fees for Public Safety Grant agencies |
|AT&T Mobility |Sheriff’s LED |$10,947.50 |$5,474.85, MDT Fees May 24, 2009, through June 23, |
| | | |2009; $5,472.65, MDT Fees April 24, 20089, through |
| | | |May 23, 2009 |
|KONE |Maintenance Annex |$5,564.85 |Install elevator car top safety railings on the |
| | | |Judicial Annex elevators per Elevator Safety |
| | | |Inspection conducted April 2009 |
|West Virginia State Treasurer’s Office |Sheriff’s LED |$10,125.00 |$3,645.00, Courthouse Facilities Improvement Fund |
| | | |March 2009; $2,865.00, Courthouse Facilities |
| | | |Improvement fund April 2009; $1,860.00, Courthouse |
| | | |Facilities Improvement Fund May 2009; $1,755.00, |
| | | |Courthouse Facilities Improvement Fund June 2009 |
|Communication Center d/b/a Page One |Sheriff’s LED |$6,998.40 |12 months lease for Departmental pages |
|Systematic Copiers, Inc. |Circuit Clerk |$8,580.04 |$5,616.00, 12 month maintenance on 3 Lanier LD 270 |
| | | |copiers @ $468.00 per month; $2,374.00, 12 months |
| | | |lease on Gestetner DSM745 copier in Mental Hygiene; |
| | | |$590.04, 12 months maintenance on Gestetner DSM745 @|
| | | |$49.17 per month |
|Electronic Communications of WV, Inc. |Sheriff’s LED |$6,600.00 |12 months maintenance contract on vehicle equipment |
| | | |@ $550.00 per month |
|Florida Micro |Purchasing |$5,505.67 |Fujitsu Imaging Scanner FI-6770A for Purchasing |
| | | |Department, bids received by Sheriffs’ Tax |
| | | |Department |
|ϖ Digital Ally |Clendenin PD |$7,790.00 |Two DVM-500 Digital In-Car Police Video Cameras per |
| | | |Public Safety Grant Committee Letter of Intent of |
| | | |11/17/08 per WV State Contract |
ORDERS
Commissioner Hardy moved to approve all orders with the following exceptions; Hardy voted no on the order for the Fire Coordinator Position, the order for the appointment on the Elk Valley PSD, and on the Chellyan PSD. Commissioner Shores seconded. Motion carried.
Order Confirming and Approving Cash Disbursements to be made by the Clerk of the Kanawha County Commission for the General Fund (documentation available for inspection at the County Clerk’s Office)
The Honorable Vera J. McCormick, County Clerk
Order Confirming and Approving Cash Disbursements to be made by the Clerk of the Kanawha County Commission for Special Funds (documentation available for inspection at the County Clerk’s Office)
The Honorable Vera J. McCormick, County Clerk
Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor (Decrease $182,868.82)
Marc Slotnick, County Attorney
Steve Sluss, Chief Legal Counsel, Assessor's Office
Applications for Apportionment 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
Steve Sluss, Chief Legal Counsel, Assessor’s Office
New Employee, Matthew Harvey, Prosecuting Attorney’s Office, Assistant Prosecuting Attorney, full-time, permanent employment replacing Jill Sinatra, $58,000.00 per year, effective July 20, 2009
The Honorable Mark Plants, Prosecuting Attorney
New Employee, Woodrow Hill, Prosecuting Attorney’s Office, Assistant Prosecuting Attorney, new Grant Position, Drug Court Prosecution, full-time, permanent employment, $58,000.00 per year, effective July 20, 2009
The Honorable Mark Plants, Prosecuting Attorney
ϖ New Employee, Scott Thomas, Kanawha County Commission Office, Custodian, new 2009-2010 budgeted position, full-time employee, $25,000.00 per year, effective July 27, 2009
Brent Pauley, County Manager
Resolution – Fiscal Year 2009-2010 General Fund Budget Revision #2
David Fontalbert, Chief Fiscal Officer
Resolution – Fiscal Year 2009-2010 General Fund Budget Revision #3
David Fontalbert, Chief Fiscal Officer
Resolution – Fiscal Year 2009-2010 Coal Severance Fund Budget Revision #2
David Fontalbert, Chief Fiscal Officer
Order approving overtime for Kanawha County Commission employees for pay period ending August 15, 2009, for hours worked in the pay period of June 29, 2009, through July 12, 2009
Brent Pauley, County Manager
Jennifer Sayre, Deputy County Manager/Grant Director
|PAY PERIOD 06/29/09-07/12/09 | | | | |
| | | | | | |
|NAME |OT STRAIGHT |AMOUNT |OT TIME/HALF |AMOUNT |TOTAL |
|Downey, Leslie |0.27 |$6.42 | |$0.00 | $6.42 |
|Fleck, Kimberly |2.00 |$47.57 |2.37 |$84.56 | $132.13 |
|Morrison, Rachelle |3.75 |$89.20 |8.25 |$294.36 | $383.56 |
|Gunnoe, Andrew |2.00 |$40.00 |4.00 |$120.00 | $160.00 |
|Hackney, Cathy |2.55 |$51.91 | |$0.00 | $51.91 |
|Hudson, Theresa |1.10 |$22.15 | |$0.00 | $22.15 |
|Lanham, Shellie |1.00 |$15.95 | |$0.00 | $15.95 |
|Lilly, Mindy |2.00 |$39.30 | |$0.00 | $39.30 |
|Whittington, Sue |1.05 |$20.63 | |$0.00 | $20.63 |
|Hodge, Edna |0.87 |$11.38 | |$0.00 | $11.38 |
|Melton, Joe |5.60 |$87.29 |8.45 |$197.58 | $284.87 |
|Paul, II, Ernest |1.00 |$12.82 | |$0.00 | $12.82 |
|Prowse, James |2.50 |$32.05 |1.25 |$24.15 | $56.20 |
|Shaffer, Sandra |2.39 |$30.64 | |$0.00 | $30.64 |
|Taylor, Judy |4.84 |$63.29 | |$0.00 | $63.29 |
|Clark, Michael |1.95 |$27.54 | |$0.00 | $27.54 |
|Moore, Allen |3.53 |$48.88 |0.22 |$4.57 | $53.45 |
|Rucker, Raymond |2.50 |$32.05 |0.47 |$9.04 | $41.09 |
|McDonnell, II, Larry |0.15 |$2.10 | |$0.00 | $2.10 |
|Keller, Joanna |4.60 |$81.48 | |$0.00 | $81.48 |
|King, Amy |2.08 |$42.35 | |$0.00 | $42.35 |
|Robinson, Debbie |2.53 |$55.01 |3.45 |$112.53 | $167.54 |
| | | | | | |
|TOTAL |50.26 |$860.01 |28.46 |$846.79 | $1,706.80 |
Order adopting and approving the Kanawha County Commission Employee Handbook
Jennifer Sayre, Deputy County Manage/Grant Director
Order appointing Kenneth Fitzwater, Jr., to the Elk Valley Public Service District to replace James C. Smith (term to expire August 15, 2015)
Commission President Kent Carper
Order appointing William Owen Stout to the Chelyan Public Service District to replace Jerry Jessie (term to expire August 1, 2015)
Commission President Kent Carper
Authorization for the President of the County Commission to sign an Addendum to the Construction Contract between BBL Carlton and the Kanawha County Commission for the construction of the Grant Jury Courtroom and other related rooms in the Alpha Building of Project 301
Brent Pauley, County Manager
Authorization for the Clerk of the County Commission to Issue a Check from the Public Safety Levy Grant Fund, Line Item # 029-711.00-800-5-68.00 in the amount of Thirty-Five Thousand Dollars ($35,000.00) to the Kanawha County Commission for contribution of 50% of salary and benefits for the Fire Coordinator/Deputy Director of Emergency Management position
Jennifer Sayre, Deputy County Manager/Grant Director
Order authorizing the President of the Kanawha County Commission to submit Alzheimer’s Foundation of American Bi-Annual Grant Application
Carrie Clendening, Grant Coordinator/Legislative Liaison
Order authorizing the Clerk of the County Commission to issue a check from the Stabilization Fund #058-401.00-5-68.00 in the amount of One Million Dollars $1,000,000.00) to the General County Fund (#001) for general cash flow purposes
David Fontalbert, Chief Fiscal Officer
Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Fourteen Thousand Five Hundred Fourteen Dollars and Thirty-Four Cents ($14,514.34) to the Assessor’s Valuation Fund (#056), for reimbursement of life insurance costs
David Fontalbert, Chief Fiscal Officer
Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Four Thousand Two Hundred Thirty Dollars and Thirty-Eight Cents ($4,230.38) to the Fiduciary Fund (#016), for reimbursement of life insurance costs
David Fontalbert, Chief Fiscal Officer
Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Four Thousand Nine Hundred Sixty-Seven Dollars and Twenty-One Cents ($4,967.21) to the Home Confinement Fund (#008), for reimbursement of life insurance costs
David Fontalbert, Chief Fiscal Officer
Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of Seven Hundred Thirty-Nine Dollars and Thirty-Five Cents ($739.35) to the Coal Severance Fund (#002), for reimbursement of life insurance costs
David Fontalbert, Chief Fiscal Officer
Order Authorizing the Clerk of the County Commission to issue a check from the Special Health Fund, #372-423.00-1-05.03, in the amount of One Hundred Fifty-One Thousand Three Hundred Two Dollars and Sixty-One Cents ($151,302.61) to the General County Fund (#001), for reimbursement of life insurance costs
David Fontalbert, Chief Fiscal Officer
Order authorizing the President of the Kanawha County Commission to sign Enforcing the Underage Drinking Laws Grant Program in the amount of $17,100.00
Carrie Clendening, Grant Coordinator/Legislative Liaison
Order authorizing the President of the Kanawha County Commission to sign Court Security Fund Grant in the amount of $47,185.00
Carrie Clendening, Grant Coordinator/Legislative Liaison
Authorization for the President of the Kanawha County Commission to sign Change Order #1 for Project 301
Jerie Whitehead, Purchasing Director
Steve Neddo, Clerk of the Works
Authorization for the President of the Kanawha County Commission to sign a Certificate of Title Transferring Total Loss Vehicle to Travelers Insurance (2008 Dodge Charger Police Interceptor XX14317)
Jerie Whitehead, Purchasing Director
Order Funding the County’s Match for Water Project: Northern Kanawha County, Account #009-388-0-34.03
David Fontalbert, Chief Fiscal Officer
Order Funding the County’s Match for Water Project: Sanderson Dutch Ridge, Account #009-388-0-35.02
David Fontalbert, Chief Fiscal Officer
Order Funding the County’s Match for Water Project: Guthrie Alternates C&D, Account #009-388-0-37.03
David Fontalbert, Chief Fiscal Officer
Order Funding the County’s Match for Water Project: Derrick’s
Creek Ridge, Account #009-388-0-36.05
David Fontalbert, Chief Fiscal Officer
ϖ Order Re-appointing Susan Blake to the Regional Intergovernmental Council (RIC) with a term to expire June 30 2010
Commission President Kent Carper
ϖ Order Authorizing the President of the Kanawha County Commission to sign the Application and Acceptance of Federal Grant documents from the EPA-STAG Grant in the amount of $184,000.00 for construction of the Derricks Creek Water Line Extension Project
Patrick Snyder, Project Coordinator
❖ Order Revoking Order 2009-248 and replacing with Order Authorizing President of the Kanawha County Commission to sign Contract and Agreement with Kanawha-Charleston Health Department ($200,000.00, payable in 11 months at $16,666.66, and one installment of $16,666.74)
Brent Pauley, County Manager
ϖ Order authorizing and approving the Manual Journal Entries as set forth in 7/16/2009 Memorandum from Kim Lutz, Director of Accounting
David Fontalbert, Chief Fiscal Officer
ϖ Order authorizing the President of the Kanawha County Commission to sign Loan Agreement, Promissory Note, and future authorization to execute any other documents necessary in the ministerial duties as related to the purchase and financing of the County’s new voting equipment for satellite precincts, including a request for extension of payment of existing loan agreement
Brent Pauley, County Manager
6. Fiscal Year 2009-2010 General Fund Budget Revision #2
Commissioner Hardy moved to approve General Fund Budget Revision #2. Commissioner Shores seconded. Motion carried.
|REVENUE: | | |
| | | |
|001-299-0-00.00 |General County Budgeted Unencumbered | $3,012,000 |
|001-322-0-50.00 |Federal Grant - VOCA II Recovery Act | 21,300 |
|001-322-0-21.00 |Federal Grant - Homeland Security Grant | 1,614,391 |
|001-323-0-19.00 |State Grant - Annex Security | 55,000 |
|001-323-0-41.00 |State Grant - Jag-Pro | 31,447 |
|001-323-0-51.00 |State Grant - Jag Pros Drug Court Recovery Act | 52,000 |
| | | |
| | | |
|EXPENDITURES: | | |
| | | |
|001-401.00-2-17.00 |COUNTY COMMISSION M&R AUTO | $6,977 |
|001-401.00-4-59.00 |COUNTY COMMISSION EQUIPMENT | 117,139 |
|001-401.00-5-67.00 |COUNTY COMMISSION TRANSFER TO OTHER FUNDS | 152,087 |
|001-401.00-5-68.13 |KANAWHA COUNTY SOLID WASTE AUTHORITY | 50,000 |
|001-401.00-5-68.19 |U.K.V.E.C. | 50,490 |
|001-412.00-2-30.00 |EXT SERVICES CONTRACTED SERVICES | 12,767 |
|001-425.00-3-41.02 |ANNEX EQUIPMENT - CIRCUIT COURT | 1,750 |
|001-425.00-3-41.03 |ANNEX EQUIPMENT - PROBATION | 4,876 |
|001-430.00-2-30.01 |COMM DEV CONTRACTED SERVICES - DEMO | 50,000 |
|001-430.00-5-68.70 |COMM DEV METRO GOVERNMENT | 20,000 |
|001-442.19-3-41.00 |STATE GRT - COURT SEC SUPPLIES & MATERIALS | 20,000 |
|001-442.50-1-03.01 |FEDERAL GRT - VOCA II RA FULLTIME | 20,800 |
|001-442.50-1-04.00 |FEDERAL GRT - VOCA II RA FICA | 1,592 |
|001-442.50-1-06.00 |FEDERAL GRT - VOCA II RA RETIREMENT | 2,288 |
|001-442.50-2-14.00 |FEDERAL GRT - VOCA II RA TRAVEL | 250|
|001-442.50-2-21.00 |FEDERAL GRT - VOCA II RA TRAINING & EDUCATION | 250|
|001-443.51-1-03.01 |STATE GRT - JAG PROS DRUG COURT-RA FULLTIME | 35,000 |
|001-443.51-1-04.00 |STATE GRT - JAG PROS DRUG COURT-RA FICA | 2,678 |
|001-443.51-1-06.00 |STATE GRT - JAG PROS DRUG COURT-RA RETIREMENT | 3,850 |
|001-443.51-1-05.01 |STATE GRT - JAG PROS DRUG COURT-RA INSURANCE | 10,000 |
|001-443.51-1-05.02 |STATE GRT - JAG PROS DRUG COURT-RA DENTAL/OPT | 472|
|001-443.41-1-03.01 |STATE GRT - JAG PRO FULLTIME | 15,000 |
|001-443.41-1-04.00 |STATE GRT - JAG PRO FICA | 1,836 |
|001-443.41-1-05.02 |STATE GRT - JAG PRO DENTAL/OPTICAL | 70|
|001-443.41-1-06.00 |STATE GRT - JAG PRO RETIREMENT | 1,164 |
|001-443.41-2-21.00 |STATE GRT - JAG PRO TRAINING & EDUCATION | 877|
|001-443.41-3-41.01 |STATE GRT - JAG PRO EQUIP/NON-DEPR | 12,500 |
|001-700.00-3-41.02 |SHERIFF L/E OPERATING GRANT | 2,340 |
|001-704.00-2-30.00 |REGIONAL JAIL CONTRACTED SERVICES | 1,901,694 |
|001-713.00-5-68.01 |FD EMERG SERV - JEFFERSON VFD | 20,000 |
|001-713.00-5-68.00 |FD EMERG SERV VFDS | 108,000 |
|001-801.00-5-68.00 |SHAWNEE HILLS MH/MR CONTRIBUTION | 20,000 |
|001-809.00-5-68.17 |H/S ELK VALLEY PSD | 190,000 |
|001-916.00-5-68.00 |PUBLIC LIBRARIES CONTRIBUTION | 300,000 |
|001-973.14-4-59.00 |FED GRT - HOMELAND SECURITY EQUIPMENT | 1,614,391 |
|001-974.19-4-59.00 |STATE GRT - COURT SECURITY EQUIPMENT | 35,000 |
7. Fiscal Year 2009-2010 General Fund Budget Revision #3
Commissioner Hardy moved to approve General Fund Budget Revision #3. Commissioner Shores seconded. Motion carried.
|REVENUE: | | |
| | | |
|001-323-0-00.00 |STATE GRANTS | 42,115 |
|001-388-0-00.00 |TRANSFERS FROM OTHER FUNDS | 42,115 |
| | | |
|EXPENDITURES: | | |
| | | |
|001-401.00-2-26.00 |COUNTY COMMISSION INSURANCE | 2,500 |
|001-401.00-5-67.00 |COUNTY COMMISSION TRANSFER TO OTHER FUNDS | 1,500 |
|001-711.00-1-03.01 |EMERGENCY SERVICES FULLTIME | 55,000 |
|001-711.00-1-04.00 |EMERGENCY SERVICES FICA | 4,180 |
|001-711.00-1-05.01 |EMERGENCY SERVICES HOSPITALIZATION | 10,000 |
|001-711.00-1-05.02 |EMERGENCY SERVICES DENTAL/OPTICAL | 1,000 |
|001-711.00-1-06.00 |EMERGENCY SERVICES RETIREMENT | 6,050 |
|001-711.00-2-14.00 |EMERGENCY SERVICES TRAVEL | 3,500 |
|001-711.00-2-21.00 |EMERGENCY SERVICES TRAINING & EDUCATION | 500|
|001-412.00-2-14.00 |EXTENSION SERVICES - TRAVEL | (150) |
|001-412.00-2-30.00 |EXTENSION SERVICES - CONTRACTED SERVICES | 150|
8. Fiscal Year 2009-2010 Coal Severance Fund Budget Revision #2
Commissioner Hardy moved to approve Coal Severance Budget Revision #2. Commissioner Shores seconded. Motion carried.
|REVENUE: | | |
|002-299-0-00.00 |Coal Severance Unencumbered | 494,440 |
| | | |
| | | |
|EXPENDITURES: | | |
|002-439.00-5-68.00 |Coal Sev Developing Projects | 315,983 |
|002-439.00-5-68.15 |Coal Sev - Solid Waste Authority | 50,000 |
|002-708.00-2-19.00 |Coal Sev - Special Duty Dep Equipment | 47,157 |
|002-713.00-5-68.31 |Coal Sev Public Safety Grt - UKV Mayors | 4,300 |
|002-713.00-5-68.32 |Coal Sev Fire Reserve Fund | 77,000 |
9. Fiscal Year 2009-2010 Demolition Fund Line Item Budget Revision
Commissioner Hardy moved to approve Demolition Fund line item Budget Revision. Commissioner Shores seconded. Motion carried.
|REVENUE: | | |
| | | |
|023-280-0-00.00 |Bldg. Demo Fund Reserve for Enc. |$40,714 |
| 023-299-0-00.00 | Bldg. Demo Unencumbered Fund Bal. |12,861 |
| | | |
|EXPENDITURES: | | |
| | | |
|023-814.00-2-20.00 |Bldg. Demo Legal Publications |$1,253 |
|023-814-00-2-30.00 |Bldg. Demo Contracted Services |50,948 |
|023-814-00-2-30.02 |Bldg. Demo Demolition Loan |1,374 |
10. Fiscal Year 2009-2010 Special Health Fund Line Item Budget Revision
Commissioner Hardy moved to approve Special Health Fund Line Item Budget Revision. Commissioner Shores seconded. Motion Carried.
|REVENUE: | | |
| | | |
|372-380-0-02.00 |Special Health Employer Contributions |$263,631 |
| | | |
| | | |
|EXPENDITURE: | | |
| | | |
|373-423.00-1-05.03 |Special Health Life Insurance |$263,631 |
ϖ 6. Fiscal Year 2009-2010 Fiduciary Fund Line Item Budget Revision
Commissioner Hardy moved to approve Fiduciary Fund Like Item Budget Revision. Commissioner Shores seconded. Motion carried.
|REVENUE: | | |
| | | |
|016-388-0-02.00 |Fiduciary Transfers from General County |$10,000.00 |
| | | |
| | | |
|EXPENDITURES: | | |
| | | |
|016-411.00-2-19.00 |Fiduciary Rentals |$5,000.00 |
|016-411.00-3-41.00 |Fiduciary Supplies and Materials |$5,000.00 |
CHECK REGISTERS/SUPPLEMENTALS (Order Confirming and Approving Disbursements to be made by the Clerk of the County Commission of Kanawha County)
Commissioner Hardy moved to approve all check registers/supplementals. Commissioner Shores seconded. Motion carried.
Supplemental voucher, Pitney Bowes, $10,000.00 (Postage for outgoing mail for County Clerk)
Supplemental voucher, Pitney Bowes, $6,500.00 (Postage for Fiduciary)
ϖ Supplemental check, General County Fund, $1,000,000.00 (from Stabilization Fund for general cash flow purposes)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ϖ AND BOLD DENOTES CHANGE TO THE AGENDA (Example, typographical error, addition, change and/or omission from first version of Agenda)
♦ AND BOLD PRINT DENOTES EMERGENCY ITEM
Email correspondence between Commissioner Carper ( Adm. Asst. Rachelle Morrison) and Mr. Jerry Jessie, Chelyan PSD
From: Jerry Jessie [mailto:jessiejw@]
Sent: Friday, July 17, 2009 8:00 PM
To: Morrison, Rachelle
Cc: Luoni, John; Snyder, Patrick; David Howell; Jim Weimer; Larry Kopelman; Sam Hope; Todd Dingess; Wyatt Hanna
Subject: RE: Response to your E-mail of July 17, 2009, Pratt/CPSD O&M Agreement Status
Mr. Carper:
Too bad that you are so determined to make someone a scapegoat and that we have to resort to a battle of emails. The one thing I learned from working with Joyce McPhail is that it is best to say what you believe whether others like it or not.
You seem to know something about me that I don't know myself. You should be aware that neither Mr. Shelton or I voted for or even discussed the possibility of killing the arrangement with Pratt, which is not a merger by the way, but an operating and maintenance agreement which allows Pratt to maintain ownership of the facilities but allows CPSD to operate them. If you don't believe me then ask Monty Shelton.
The letter to which you refer was written without the knowledge or consent of either Mr. Shelton or myself. I know that you demanded and got a retraction of the letter signed by only one individual from the CPSD. There is no evidence of an illegal meeting of the CPSD board. Notice of our regular and special meetings has always been posted according to the open meetings law. If I had thought that any meeting I was to attend would be illegal, I would have excused myself. And, I would not have ever voted to "kill the merger" as you assert that I did. You are entirely mistaken on that point. I may have a faulty memory at times but I can guarantee you that I did not "forget" about voting to "kill the merger" because you cannot forget what never happened.
If you have any doubts about my personal commitment to the O & M agreement negotiations with Pratt and the UKVPSD you need only to speak to Mr. Luoni, Dave Armstrong, or Jim Weimer of the PSC who have attended many of the meetings. Or, ask the folks from the previous Pratt administration who attended the many meetings that we conducted while working towards an agreement everyone could live with. These people will tell you that I have been pushing the Pratt folks from the previous administration to get agreement on all the issues about which the CPSD board was concerned as well as for those about which Pratt was concerned. In addition I have spent hours at the computer typing and retyping the draft agreements trying to get them into line with what the parties wanted and what the PSC will allow.
Pratt officials were forthcoming to us at the CPSD about the money owed to the IRS. It was discussed in our last meeting. The decision was that Pratt would have to structure its sewer rates such that money would be available to pay the IRS.
Given the tone of your response to both my earlier emails I suspect that I am a "lame duck" commissioner and will not be reappointed. If that is the way it is to be, then so be it. But I have given you no reason to doubt my willingness to enter into an O & M agreement with Pratt or the UKVPSD. I have also endeavoured to serve the people of our district in a way that protects their interests and makes the CPSD a stronger entity.
Things at Pratt may or may not ever change but this one thing I can say. As long as I am on the board I will continue to pursue the O & M agreements with both Pratt and UKVPSD unless the KCRDA withdraws its loan offer.
Jerry Jessie, Chairman
Chelyan PSD
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Subject: RE: Response to your E-mail of July 17, 2009, Pratt/CPSD O&M Agreement Status
Date: Fri, 17 Jul 2009 15:22:57 -0400
From: rachellemorrison@kanawha.us
To: jessiejw@
CC: johnluoni@kanawha.us; patricksnyder@kanawha.us; DavidHowellCPA@; JWEIMER@psc.state.wv.us; lgkopelman@; sam2cpsd@; tfdcpa@; hwyatthannaiii@
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Mr. Jessie:
I have read your most recent e-mail. Of course, I share your concern about the best interest of the citizens who are served. I take this in light of your previous vote to kill this during an illegal meeting. See copy of letter wherein this is stated. E-mail is interesting, but you left out the previous action you took to kill this merger. Did you forget about the action you took to kill the merger? That among other activity has exacerbated this entire process.
I am quite aware of how process initially started and has progressed. Saying it has taken a long time is the understatement of the year. This matter is on the Commission Agenda for July 23, 2009, at 5:00 p.m., and will require a consensus of the Commission, not just my opinion.
Kent Carper
President
Kanawha County Commission
Rachelle "Chelly" Morrison, CLA
Administrative Assistant to Commission President, W. Kent Carper
P. O. Box 3627
Charleston, WV 25336
Direct Dial: 304.357.0109
Facsimile: 304.357.0788
kanawha.us
[pic]
From: Jerry Jessie [mailto:jessiejw@]
Sent: Friday, July 17, 2009 1:15 PM
To: Morrison, Rachelle
Cc: Luoni, John; Snyder, Patrick; David Howell; Jim Weimer; Larry Kopelman; Sam Hope; Todd Dingess; Wyatt Hanna
Subject: Re: Response to your E-mail of July 17, 2009, Pratt/CPSD O&M Agreement Status
Mr. Carper:
The Chelyan PSD entered into the discussions with Pratt and UKVPSD at the behest of the KCC, we did not solicit the responsibility. Yes, it has taken a lot of time to negotiate the issues involved and to try and come to an understanding of exactly what responsibilities each of the entities would have. The members of the board of the CPSD have always had in our minds a concern about dealing with the town given their past history, and we have made every effort to protect the interests of the public which is served by the CPSD and also to try to provide the citizens of the town the level of sewer services they deserve and for which they are expected to pay. The representatives of Pratt from the previous administration certainly did not make the negotiations easy for anyone involved which have contributed to the lengthy negotiations.
Stated within the body of the O&M agreement between CPSD and Pratt is the requirement for CPSD to manage all collections and disbursements associated with the sanitary sewer operations of Pratt. In addition there is a requirement for Pratt's sewer utility rates to include a component that will allow for repayment to the RDA of any loan money received from the RDA. The monthly payments would be initiated by the CPSD Business Office and the check would then be signed by two town officials with payment coming from a designated account monitored by the CPSD and used only for sanitary sewer related activities and not any other purposes.
Before signing the agreement CPSD would obviously need to obtain information from the town and also from our legal counsel as to how the IRS lien would impact the monies collected by CPSD on behalf of Pratt for their sanitary sewer operations. If there were to be a negative impact on the funds needed by CPSD to operate the Pratt system then obviously the CPSD board members would need to give serious consideration to not entering into the agreement.
Certainly it is within the power of the KCC through the RDA to refuse the loan earlier promised in writing to facilitate the O&M agreement between Pratt and CPSD. If the KCC/RDA decides to pull the plug on this project at this late date I think that it will be a disservice to the citizens served by the Pratt sanitary sewer.
If the decision is made to withdraw the loan that was to have facilitated the agreement then CPSD willl document the expenses we have incurred in pursuing what we were asked by the KCC to do. We would then submit those expenses to the County to be reimbursed out of the $16,000 which was promised by the KCC to pay for accounting, legal, and other costs associated with pursuing the O&M agreement.
I trust that the foregoing will give you some idea as to why CPSD says that it is still ready to enter into the agreement assuming that there is a reasonable way for the $60,000 lien to be paid without killing the O&M agreement.
I hope that after all the issues have been considered at the next KCC meeting any decision made will be in the best interests of the citizens whom we serve.
Sincerely,
Jerry Jessie, Chairman
Chelyan PSD
----- Original Message -----
From: Morrison, Rachelle
To: jessiejw@
Cc: Luoni, John ; Snyder, Patrick
Sent: Friday, July 17, 2009 12:12 PM
Subject: Response to your E-mail of July 17, 2009, Pratt/CPSD O&M Agreement Status
Mr. Jessie:
With all due respect, have you looked at the financial morass that Pratt is in? RDA has, in my judgment, an understandable concern as to Pratt's ability, willingness, or capacity to repay the loan. Additionally, the discussions between Cheylan and Pratt have gone on ad nauseam.. When I spoke to the Mayor, prior to the latest information concerning their finances, I was under the impression there was no real interest in proceeding ahead with the O&M Agreement. Why in the world does it take this long on a situation involving an entity that has failed to have the ability to manage their own for such a long period of time?
Kent Carper
President
Kanawha County Commission
From: Jerry Jessie [mailto:jessiejw@]
Sent: Friday, July 17, 2009 11:36 AM
To: Charlie Friddell; David Howell; Jim Weimer; John McPhail; Snyder, Patrick; Luoni, John; Roy Vealey; Todd Dingess; Wyatt Hanna
Cc: Larry Kopelman; Sam Hope; Angie Garrison
Subject: Pratt/CPSD O&M Agmt Status
Gentlemen:
The CPSD office received a call this morning advising that contrary to broadcast and printed news report the Mayor of Pratt still intends to go forward with the Pratt/CPSD O&M agreement. Given all of the work that we have put into this effort so far it would have been very disappointing to have the deal to collapse now.
Hopefully, the KCC and KCRDA will still be favorable to supporting this effort with the $100,000 loan and $16,000 grant in spite of other problems of the town which are in the news. I plan to attend the County Commission meeting next week and our other two commissioners are invited to attend with me if they wish. If needed we should state our intention to continue pursuing the O&M agreements with Pratt and UKVPSD at the meeting.
If you are working on any aspect of the development and implementation of these agreements please continue your work. If there are any questions as to what we should be doing please let me know. Also, if you become aware of any developments affecting the agreements, please notify me.
Sincerely,
Jerry Jessie, Chairman
Chelyan PSD
Rachelle "Chelly" Morrison, CLA
Administrative Assistant to Commission President, W. Kent Carper
P. O. Box 3627
Charleston, WV 25336
Direct Dial: 304.357.0109
Facsimile: 304.357.0788
kanawha.us[pic]
Petition for city water filed for Price Hollow Road in Elkview, WV.
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THE KANAWHA COUNTY COMMISSION MEETING OF JULY 23, 2009, RECESSED AT 9:05 P.M., UNTIL THE 6TH DAY OF AUGUST, 2009, AT 5:00 P.M.
THE FOREGOING MINUTES ARE APPROVED THIS 20TH DAY OF AUGUST, 2009.
_____________________________
PRESIDENT
_____________________________
COMMISSIONER
_____________________________
COMMISSIONER
________________________
COUNTY ATTORNEY
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