MINUTES OF A REGULAR SESSION OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, HELD AT THE COURTHOUSE THEREOF ON THE 24TH DAY OF APRIL 2008.
A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 24TH DAY OF APRIL 2008, IN 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
4-24-08 2008-238 Order Confirming and Approving Orders in Excess of $4,999.99 to be issued by the Kanawha County Commission Purchasing Department
4-24-08 2008-239 Order Confirming and Approving Orders in Excess of $4,999.99 to be issued by the Kanawha County Commission Purchasing Department contingent upon the approval and posting of a pending Fiscal Year 2007-2008 Budget Revision (Harris Computer Systems)
4-24-08 2008-240 Order Confirming and Approving Cash Disbursements to be made by
the Clerk of the Kanawha County Commission-General Fund
4-24-08 2008-241 Order Confirming and Approving Cash Disbursements to be made by
the Clerk of the Kanawha County Commission-Special Fund
4-24-08 2008-242 New Employee, Danny K. Harmon, Sheriff’s Department, Law Enforcement Division, II, Deputy Sheriff, permanent employment replacing Brian Martin, $32,000.00 per year, effective May 1, 2008 (to be sworn in)
4-24-08 2008-243 New Employee, Amy Lyn Jones, Sheriff’s Department, Law Enforcement Division, Communications Specialist, permanent employment replacing Jesse Coulter, $21,000.00 per year, effective May 1, 2008
4-24-08 2008-244 Order Adopting an Agenda Setting Policy for Funding Requests
4-24-08 2008-245 Order adopting criteria for funding requests involving the Kanawha County Board of Education, amended April 24, 2008
4-24-08 2008-246 Order authorizing the Clerk of the County Commission to issue a check to the Kanawha County Board of Education in the amount of Four Thousand, Six Hundred Fifty-Nine Dollars ($4,659.00) for Chesapeake Elementary School for new swings, inclusive of special early childhood swing for handicapped pre-school students from Line Item No. 002-439.00-5-68.00 (Coal Severance Contributions)
4-24-08 2008-247 Order approving overtime for Kanawha County Commission employees for pay period ending May 15, 2008, for hours worked in the pay period of March 31, 2008, through April 13, 2008
4-24-08 2008-248 Order appointing Jack Nuckols to the Charleston Area Alliance Board of Directors to replace Anne Cavalier (Ex-Officio Appointment)
4-24-08 2008-249 Resolution – 2007-2008 General Fund Budget Revision #19
4-24-08 2008-250 Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor (Decrease: $72,071.92)
4-24-08 2008-251 Order authorizing its President, W. Kent Carper, to sign the Assurances - Kanawha County Acquisition/Demolition of Repetitive Flood Prone Structures - 2008
4-24-08 2008-252 Order authorizing the President of the Kanawha County Commission to execute a Justice and Mental Health Collaboration Program FY 2008 Grant Application for Category I, Planning ($50,000) with the 20% match to be made by Prestera Center, the joint applicant
4-24-08 2008-253 Order authorizing the President of the County Commission of Kanawha County to execute a State of West Virginia Division of Natural Resources Litter Control Grant Program Application for 2008-2009 for $3,000.00 with a matching requirement of $3,000.00
4-24-08 2008-254 Upper Frame Phase II Water Line Extension Project, Small Cities Block Grant – Order authorizing the President of the County Commission to sign two letters and financial report and to authorize the Clerk of the County Commission to issue a warrant out of the Upper Frame Phase II Water Line Extension Project Account – Drawdown # 2
4-24-08 2008-255 Order authorizing the President to sign a Letter of Support for the West Virginia Housing Development Fund Low-Income Housing Tax Credit Program for the renovation of Elk Valley I Apartments, owned by Buckeye Community Hope foundation
4-24-08 2008-256 Order authorizing the President of the Kanawha County Commission to sign Certification adopting the Fiscal Year 2009 Funding Formula adopted by the BCKP Regional Intergovernmental Council ($27,988.13)
4-24-08 2008-257 Order authorizing the Clerk of the County Commission to issue check payable to the Paint Creek Recreational, Inc., in the amount of Two Thousand, Three Hundred Dollars ($2,300.00) for maintenance assistance of the Paint Creek Park as approved at the April 10, 2008, Commission Meeting from Line Item No. 002.439.00-5-68.00(Coal Severance)
4-24-08 2008-258 Order authorizing the President of the County Commission to sign a Contract of Lease by and between the Kanawha County Commission and Upper Kanawha Valley Enterprise Authority (replacing Order No. 2008-010, January 10, 2008)
4-24-08 2008-259 Authorization for the President of the Kanawha County Commission to sign a Certificate of Title for a Vehicle declared surplus property (2002 Crown Vic, VIN No. 2FAFP71W52X125233) to Town of Cedar Grove Police Department
4-24-08 2008-260 Authorization for the President of the Kanawha County Commission to sign a Certificate of Title for a Vehicle declared surplus property by the Kanawha County Sheriff’s Department, Law Enforcement Division, (2001 Crown Vic, VIN No. 2FAFP71W11X136373) to the West Virginia State University Public Safety Department
4-24-08 2008-261 Authorization for the President of the Kanawha County Commission to sign Change Order #1 for RBS Construction, Inc., for renovations to the building located at 900 Christopher Street, Charleston ($5,086.95)
4-24-08 2008-262 Authorization for the President of the Kanawha County Commission to sign Change Order #2 to JDN Interiors, Inc., for renovations to the Building located at 900 Christopher Street, Charleston ($6,880.00)
4-24-08 2008-263 Order authorizing and approving the Manual Journal Entries as set forth in 4/9/2008 Memorandum from
4-24-08 2008-264 Order authorizing the Clerk of the County Commission to issue an emergency check from the Enhanced 911 Fund (007) in the amount of Four Hundred Twenty Six Thousand, Four Hundred Seventy-One Dollars and Twenty-Seven Cents ($426,471.27) to the Metro Emergency Operations Center, representing a transfer of wireless 911 fees collected by the State of West Virginia
4-24-08 2008-265 Order authorizing the President of the Kanawha County Commission to execute Agreement to Donate Real Estate (Appalachian Power Company Charleston Office Building site located at 301 Virginia Street, West (donation being made by American Electric Power)
Other Documents executed/presented at 4/24/08 Meeting:
Certificate of Appreciation – Chief “Frank” Fizer (rescue of Brandon Maddy at Kanawha State Forest)
Certificate of Appreciation – Wes Anderson (rescue of Brandon Maddy at Kanawha State Forest)
Outstanding Spelling Certificate – Celine Yosuico (Kanawha County Spelling Bee Winner)
Minutes approved/processed at 4/24/08 Commission Meeting:
Approval of Commission Meeting Minutes of April 10, 2008
Approval of Commission Meeting Minutes of April 15, 2008
New Hires approved/processed at 4/24/08 Commission Meeting:
Danny K. Harmon, II, Sheriff’s Department, Law Enforcement Division, Deputy Sheriff, permanent employment replacing Brian Martin, $32,000.00 per year, effective May 1, 2008 (to be sworn in)
Amy Lyn Jones Starks, Sheriff’s Department, Law Enforcement Division, Communications Specialist, permanent employment replacing Jesse Coulter, $21,000.00 per year, effective May 1, 2008
Budget Revisions approved/processed at 4/24/08 Commission Meeting:
1. F.Y. 2007-2008 GENERAL FUND BUDGET REVISION #19
2. F.Y. 2007-2008 GENERAL FUND LINE ITEM BUDGET REVISION
3. F.Y. 2007-2008 PARKING FACILITY FUND BUDGET REVISION
1. F.Y. 2007-2008 GENERAL FUND LINE ITEM REVISION
2. F.Y. 2007-2008 CAPITAL FUND LINE ITEM REVISION
3. F.Y. 2007-2008 GENERAL FUND LINE ITEM REVISION
4. F.Y. 2007-2008 COAL SEVERANCE FUND LINE ITEM REVISION
5. F.Y. 2007-2008 CAPITAL FUND LINE ITEM REVISION
Check Register/Supplementals approved/processed at 4/24/08 Commission Meeting:
Supplemental voucher, Paint Creek Recreational, Inc., $2,300.00 (maintenance assistance for Paint Creek Park, as approved at the April 10, 2008, Commission Meeting)
Supplemental voucher, Travelers, $5,631.00 (policy changes to include interoperable radios and to modify tax collector coverage)
Supplemental voucher, Metro Emergency Operations Center, $426,471.27 (transfer of wireless fees collected by the State of West Virginia)
Pledge of Allegiance – Commissioner Shores
Moment of Silence and Recognition
NEW EMPLOYEES
INTRODUCTION OF NEW CORPORALS FOR SHERIFF’S DEPARTMENT
Introduction of Kanawha County Sheriff’s Office, Law Enforcement Division, promotions to Rank of Corporal, effective May 1, 2008: Deputy F.E. Flowers, Deputy J.J. Haynes, Deputy R.L. Keglor, Deputy J.K. Shank, Deputy M.A. Huddleston, Deputy J.S. Cochran, Deputy L. Grace, Deputy, P. J. Lively, and Deputy W. C. Moyers
Sheriff Michael Rutherford introduced the new Corporals to the Commission.
President Carper and the Kanawha County Commission recognized and honored citizen Wes Anderson for the successful rescue of 8 year old Brandon Maddy on April 17, 2008, at Kanawha State Forest. President Carper commended the rescue efforts of all those involved recognizing that firefighters are not always recognized for their hard work and dedication. When Mr. Anderson realized what the search mission involved, he personally went out in search of Brandon, locating him over six hours after the initial search began. The Commission acknowledged that all those involved ensured this to be a successful rescue. Certificates of Appreciation were presented to Mr. Anderson and to Chief Fizer of the Loudendale for their rescue efforts.
AGENDA ITEMS
Discussion regarding funding request in the amount of $15,000.00 from the Loudendale Volunteer Fire Department for painting of their Fire Station from 2008-09 Coal Severance Funds
Commissioner Carper moved for $15,000.00 for the Loudendale Fire Department to paint their Fire Station. Commissioner Hardy seconded. Motion carried.
ORDERS
Order appointing Jack Nuckols to the Charleston Area Alliance Board of Directors to replace Anne Cavalier (Ex-Officio Appointment)
Commissioner Hardy moved for the appointment of Jack Nuckols to the Charleston Area Alliance Board of Directors to replace Anne Cavalier. Commissioner Shores seconded. Motion carried.
Commissioner Shores swore in Jack Nuckols.
AGENDA ITEMS
Discussion and approval to submit a Justice and Mental Health Collaboration Program FY 2008 Grant Application for Category I, Planning ($50,000), 20% match to be paid by Prestera Center as this is a joint applicant (application to be submitted by May 6, 2008)
The Honorable Jennifer Bailey Walker, Chief Judge reported that 65-75% of the incarnated youth have mental issues. Currently, there is not a method in place to deal with mental issues of the youth. Judge Walker requested that the Commission and the Prestera Center submit a joint application for Federal grant money. The goal is to improve the youth in the community who end up in the juvenile system.
Commissioner Carper moved for the Commission to submit a joint application with the Prestera Center. Commissioner Hardy seconded. Motion carried.
Approval of Commission Meeting Minutes of April 10, 2008
Approval of Commission Meeting Minutes of April 15, 2008
Commissioner Carper moved for approval of the Minutes of April 10 & 15, 2008. Commissioner Shores seconded. Motion carried.
NEW EMPLOYEES
Sheriff’s Department – Law Enforcement Division
Danny K. Harmon, II, Deputy Sheriff, permanent employment replacing Brian Martin, $32,000.00 per year, effective May 1, 2008 (to be sworn in)
Commissioner Hardy moved for approval of permanent employee Danny Harmon. Commissioner Shores seconded. Motion carried.
Amy Lyn Jones, Communications Specialist, permanent employment replacing Jesse Coulter, $21,000.00 per year, effective May 1, 2008
Commissioner Hardy moved for approval of permanent employee Amy Lyn Starks. Commissioner Shores seconded. Motion carried.
AGENDA ITEMS
Discussion and approval of the Donation Agreement for the Appalachian Power Company Charleston Office Building Site located at 301 Virginia Street, East (donation being made by American Electric Power), to include, but not be limited to authorization for the President of the Kanawha County Commission to execute Donation Agreement as approved by the County Attorney
Jay Goldman, Goldman & Associates was retained by the Commission to vet the Appalachian Power building.
Commissioner Hardy moved for approval of the agreement. Commissioner Carper seconded. Motion carried.
Richard Andrea of the Kanawha County Historical Society was present. Mr. Andre presented a picture from 1930 of the Appalachian Power building. Mr. Andre commented on the historical aspect of the building. Mr. Andrea stated that he believes this is a prudent use of public resources. Mr. Andre believes the agreement looks favorable to the County. The building was built with the intention of adding two additional stories.
Mr. Dempsey and Mr. Jones were present to represent Appalachian Power Company. Let the record reflect that this offer is for no payment. Mr. Slotnick, who has been a property lawyer for 17 years, was specifically instructed if for some reason he thought this was an unwise move by the County he would inform the County. Mr. Slotnick stated that he had reviewed all the materials and it is appropriate for the County to acquire the building at no consideration.
Commissioner Carper stated that he would not recommend this to the Commission if there was intent to raze the building. There is no acquisition cost. The abatement cost of the building has been carefully looked at. Currently, there is not an elected official opposed to the County acquiring the building. Commissioner Carper stated it will take anywhere from three to seven years to finish the project. Commissioner Carper would like to see the first floor restored to original condition.
Commissioner Hardy commended Marc Slotnick and the Appalachian Power Company lawyers for a well drafted agreement. Commissioner Hardy had a couple of questions. On the issue of the ground monitoring, it is until 2011. At that point, the Department of Environmental Protection is either going to release the ground or they might ask for more monitoring. Commissioner Hardy asked Mr. Goldman if the DEP decides they need additional monitoring, does AEP have the obligation. Mr. Goldman stated that he thinks the obligation goes away, they retain whatever they had on site, and any migration would be something the Commission would deal with. Mr. Goldman thinks that it is likely in 2011 the DEP will release the ground monitoring. If the monitoring has to be continued then AEP will retain whatever is there.
Mr. Slotnick stated that the agreement specifically states Appalachian Power will pay for the cost of sampling and monitoring until the no further action letter is obtained from West Virginia Department of Environmental Protect.
Commissioner Hardy moved to abate the entire building. Commissioner Shores seconded. Motion carried.
The agreement contemplates an environmental assessment within 60 days after closing. Geotech used the materials that were supplied, which was from AEP, to review. Geotech states in their report what was done was adequate and nothing further is needed. Once the donation agreement is approved the County has to wait for Public Service Commission approval. Once PSC approval has been acquired, the County can move on to closing.