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					MINUTES OF A REGULAR SESSION OF THE COUNTY COMMISSION OF KANAWHA
COUNTY, WEST VIRGINIA, HELD AT THE COURTHOUSE THEREOF ON THE 9TH DAY OF
SEPTEMBER 2010.

A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST
VIRGINIA, WAS HELD ON THE 9TH DAY OF SEPTEMBER 2010. THE COURTROOM OF THE
COUNTY COMMISSION LOCATED IN THE KANAWHA COUNTY COURTHOUSE IN
CHARLESTON, WEST VIRGINIA, BEGINNING AT 5:03 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

9-9-10        2010-513    Order Confirming and Approving Orders in Excess of $4,999.99 to be
                          issued by the Kanawha County Commission Purchasing Department

9-9-10        2010-514    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
                          2010-2011 Budget Revision (Ricoh)

9-9-10        2010-515    Order Confirming and Approving Cash Disbursements to be made by
                          the Clerk of the Kanawha County Commission-General Fund

9-9-10        2010-516    Order Confirming and Approving Cash Disbursements to be made by
                          the Clerk of the Kanawha County Commission-Special Fund

9-9-10        2010-517    Order Confirming and Approving Order Entered by the Clerk of the
                          County Commission of Kanawha County, West Virginia

9-9-10        2010-518    Order approving overtime for Kanawha County Commission
                          employees for pay period ending September 30, 2010 for hours worked
                          in the pay period of August 23, 2010 through August 29, 2010

9-9-10        2010-519    Order Authorizing the Clerk of the County Commission to issue a
                          check from General County, #001-704.00-2-30.00, in the amount of
                          Four Hundred One Thousand Nine Hundred Ten Dollars and Thirty
                          Cents ($401,910.30) to the WV Regional Jail Authority representing
                          payment for July, 2010

9-9-10        2010-520    Order Authorizing the Clerk of the County Commission to issue a
                          check from the General Fund, #001-401.00-5-67.00, in the amount of
                          Twenty Seven Thousand Five Hundred Dollars ($27,500.00) to the
                          Fiduciary Fund (#016),        representing the County’s monthly
                          contribution for July and August 2010

9-9-10        2010-521    Order Authorizing the Clerk of the County Commission to issue a
                          check from General County, #001-401.00-5-67.00, in the amount of
                          One Million Seven Hundred Fifty Thousand Dollars $1,750,000.00) to


                    MINUTES OF THE COMMISSION
                   MEETING OF SEPTEMBER 9, 2010
                              Page 1 of 20
                    the County Stabilization FUND #058, resulting in a Stabilization
                    Balance of $3,000,000.00

9-9-10   2010-522   Order Authorizing the Clerk of the County Commission to issue a
                    check from General County, #001-401.00-5-67.00, in the amount of
                    Three Hundred Twenty Thousand Sixteen Dollars ($320,016.00) to the
                    County’s Special Capital FUND (090), representing funding of the
                    Capital Budget, including encumbrances, for Fiscal 2010-2011

9-9-10   2010-523   Order Authorizing the Clerk of the County Commission to issue a
                    check from the Dog Fund (#003-716.00-5-68.02), in the amount of
                    Eight Thousand Two Hundred Twenty-Three Dollars and Eighty-Two
                    Cents ($8,223.82), to    the    Kanawha     Charleston   Humane
                    Association, representing contribution from dog license revenues
                    received, as collected and distribut4ed by the Kanawha County
                    Assessor

9-9-10   2010-524   Order Authorizing the Clerk of the County Commission to issue a
                    check from the General Fund, #001-401.00-5-67.00, in the amount of
                    Fifty Eight       Thousand Three Hundred Thirty-Three Dollars and
                    Thirty Cents ($58,333.30) to the Home Confinement Fund,
                    representing the County’s monthly contribution to the Home
                    Confinement Program, as budgeted, for July and August 2010

9-9-10   2010-525   Order Directing representatives from the County Treasurer’s Office
                    (Sheriff), the Clerk of the County Commission, and the County
                    Commission to meet as often as practicable, but at least quarterly, to
                    review the County’s collections, cash position, and general fiscal
                    wellness

9-9-10   2010-526   Order Establishing the threshold for financial statement reporting of
                    depreciable assets at a minimum level of Twenty Five Thousand
                    Dollars ($25,000), to follow Best Practices of the Accounting
                    Profession and Community, effective for fiscal years beginning July 1,
                    2009

9-9-10   2010-527   Authorization for the President of the Kanawha County Commission to
                    Sign a Maintenance Agreement between the Kanawha County
                    Commission and Access Systems

9-9-10   2010-528   Authorization for the President of the Kanawha County Commission to
                    Sign a Maintenance Contract between the Kanawha County
                    Commission and Superior Office Service, Inc.

9-9-10   2010-529   Authorization for the President of the Kanawha County Commission to
                    Sign a Maintenance Agreement between the Kanawha County
                    Commission and AJ-Allegheny Systems, LLC

9-9-10   2010-530   Application 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



               MINUTES OF THE COMMISSION
              MEETING OF SEPTEMBER 9, 2010
                        Page 2 of 20
9-9-10           2010-531         Change of Employment Status, Julie Chestnut, Prosecutor’s Office,
                                  Legal Assistant, from Part-Time to Full-Time status, replacing Amy
                                  Grayam, $30,000.00 per year, effective September 16, 2010

9-9-10           2010-532         Change of Employment Status, Goeffrey Davis, Prosecutor’s Office,
                                  Runner, from Part-Time to Full-Time status, replacing Brendan Long,
                                  $30,000.00 per year, effective September 16, 2010

9-9-10           2010-533         Change of Employment Status, Tina Baria, Circuit Clerk’s Office,
                                  Deputy Circuit Clerk, from Part-Time to Full-Time, replacing Tonich
                                  Arroyo, $21,000.00 per year, effective September 16, 2010

9-9-10           2010-534         Change of Employment Status, Randall J. Campbell, Assessor’s Office,
                                  Real Estate Division, from Full-Time to Part-Time status, at $10.00 per
                                  hour, effective September 16, 2010

9-9-10           2010-535         Resolution, The Revision of the Levy Estimate (Budget) for the County
                                  of Kanawha – F.Y. 2010-2011, General Fund Budget Revision #5

9-9-10           2010-536         Resolution Honoring The Purple Onion and owners, Allen and Felicia
                                  Hathaway on the success of the business and the start-up of West
                                  Virginia Marketplace in the Capital Market

9-9-10           2010-537         Resolution and Order expanding the boundaries of the Chelyan Public
                                  Service District, merging the Upper Kanawha Valley Public Service
                                  District Sewer Authority with and into the Chelyan Public Service
                                  District, and renaming the expanded and merged Chelyan Public
                                  Service District as the Kanawha Public Service District

9-9-10           2010-538         Ordinance requiring Hotel Operators to Segregate Hotel/Motel
                                  Occupancy Taxes in an Account separate and apart from other accounts
                                  pursuant to W. Va. Code § 7-18-4, effective November 1, 2010

Documents NOT On Agenda but processed/approved at 9/9/10 Commission Meeting:

9-9-10           2010-539         Supplemental (BB&T, Charles Grishaber, North Bend State Park)

9-9-10           2010-540         Supplemental (Allen Bleigh, Michael Rutherford, Carol Green, Pam
                                  Hensley, Oglebay Resort and Conference Center

Documents on Agenda but NOT processed/approved at 9/9/10 Commission Meeting:

Street Closing Application of Ronald Cook, Robert Perrine, and Charles Knotts for Street Closing of the
unimproved portion of Crede Drive that      borders 3814, 3818, and 3824 Crede Drive, (Lots 24-31), also
known as Fleming Avenue, Off Grimm Street, in Crede, Elk District, Tax Map 36G, Parcels 9, 10 and Elk
District, Tax Map 36F, Parcels 33, 34, 35, Kanawha County, West Virginia

Resolutions approved/processed at 9/9/10 Commission Meeting:
Resolution Honoring The Purple Onion and owners, Allen and Felicia Hathaway on the success of the
business and the start-up of West Virginia Marketplace in the Capital Market




                         MINUTES OF THE COMMISSION
                        MEETING OF SEPTEMBER 9, 2010
                                       Page 3 of 20
    Minutes approved/processed at 9/9/10 Commission Meeting:
    Approval of Commission Meeting Minutes for the August 26, 2010

    Approval of Commission Meeting Minutes for August 28, 2010, Special Primary Election Pre-Test

    Approval of Commission Meeting Minutes for August 31, 2010, Special Primary Election Canvass

    Approval of Commission Meeting Minutes for September 2, 2010

    Change of Employment Status approved/processed at 9/9/10 Commission Meeting
    Change of Employment Status, Julie Chestnut, Prosecutor’s Office, Legal Assistant, from Part-Time to
    Full-Time status, replacing Amy Grayam, $30,000.00 per year, effective September 16, 2010

    Change of Employment Status, Goeffrey Davis, Prosecutor’s Office, Runner, from Part-Time to Full-Time
    status, replacing Brendan Long, $30,000.00 per year, effective September 16, 2010

    Change of Employment Status, Tina Baria, Circuit Clerk’s Office, Deputy Circuit Clerk, from Part-Time to
    Full-Time, replacing Tonich Arroyo, $21,000.00 per year, effective September 16, 2010

    Change of Employment Status, Randall J. Campbell, Assessor’s Office, Real Estate Division, from Full-
    Time to Part-Time status, at $10.00 per hour, effective September 16, 2010

    Budget Revisions approved/processed at 9/9/10 Commission Meeting
    1. Fiscal Year 2010-2011 General Fund Budget Revision #5
    2. Fiscal Year 2010-2011 Fiduciary Line Item Budget Revision

5:00 P.M. CALL TO ORDER
            Pledge of Allegiance
            Commission President Kent Carper
            Ron Watson, CCA President
            Patti Hamilton, WVACo Executive Director

            Moment of Silence and Recognition

            Commissioner Carper spoke of the anniversary for September 11, 2001. He
            asked to remember James Bailey an EMT from McDowell County. He instructed
            staff to issue a letter to the Governor expressing gratitude for including
            Ambulance EMT in the Bill providing death benefits. He also instructed staff to
            prepare a letter to McDowell County Authority offering assistance if needed. He
            additionally spoke of the passing of Lee Lewis, stating he was a great civic
            person.

            MINUTES
            Approval of Commission Meeting Minutes for the August 26, 2010

            Approval of Commission Meeting Minutes for August 28, 2010, Special
            Primary Election Pre-Test


                             MINUTES OF THE COMMISSION
                            MEETING OF SEPTEMBER 9, 2010
                                           Page 4 of 20
Approval of Commission Meeting Minutes for August 31, 2010, Special
Primary Election Canvass

Approval of Commission Meeting Minutes for September 2, 2010

Commissioner Shores moved to approve the minutes as listed on the agenda.
Commissioner Hardy seconded. Motion carried.

RESOLUTION/PROCLAMATION

Resolution Honoring The Purple Onion and owners, Allen and Felicia
Hathaway on the success of the business and the start-up of West Virginia
Marketplace in the Capital Market
      Commission President W. Kent Carper
      Henry C. Shores, Commissioner
      Dave Hardy, Commissioner
      Allen and Felicia Hathaway, Owners, The Purple Onion

Commissioner Carper read the resolution. Commissioner Shores moved to
approve the resolution. Commissioner Hardy seconded. Motion carried. The
Commission awarded The Purple Onion with the award for the Best Potato Salad
in Kanawha County. Allen Hathaway stated they have been in business for 7
years and are in the process of opening another business. The new business will
occupy an additional 400 square feet and they will be hiring new employees.

CHANGE OF EMPLOYMENT STATUS

                              Prosecutor’s Office

Julie Chestnut, Legal Assistant, Change of Status from Part-Time to Full-
Time, permanent employment replacing Amy Grayam, $30,000.00 per
year, effective September 16, 2010
       The Honorable Mark Plants, Prosecutor

Jennifer Sayre stated that Prosecutor Mark Plants assures the Commission his
office will still be able to make the $100,000 cut to the salary budget line by the
end of the budget year. It was verified these are not new hires and they are
replacements for employees that have left. Commissioner Shores moved to
approve the change of employment status for Julie Chestnut. Commissioner
Hardy seconded. Motion carried.

Geoffrey Davis, Runner, Change of Status from Part-Time to Full-Time,
permanent employment replacing Brendan Long, $30,000.00 per year,
effective September 16, 2010
       The Honorable Mark Plants, Prosecutor



              MINUTES OF THE COMMISSION
             MEETING OF SEPTEMBER 9, 2010
                          Page 5 of 20
            Commissioner Shores moved to approve the change of employment status for
            Geoffrey Davis. Commissioner Hardy seconded. Motion carried.

                                           Circuit Clerk’s Office

            Tina Baria, Deputy Clerk, Change of Status from Part-time to Full-Time,
            permanent employment replacing Tonieh Affoyo, $21,000.00 per year,
            effective September 15, 2010
                   The Honorable Cathy S. Gatson, Circuit Clerk

            Commissioner Hardy moved to approve the change of employment status for
            Tina Baria. Commissioner Carper seconded. Motion carried.

                                             Assessor’s Office

            Randall J. Campbell, Assessor’s Office, Real Estate Division, change of
            employment status from full-time to part-time status, at $10.00 per hour,
            effective September 16, 2010.
                   The Honorable Phyllis Gatson, Assessor

            Commissioner Shores moved to approve the change of employment status for
            Randall Campbell. Commissioner Hardy seconded. Motion carried.

            AGENDA ITEMS
5:00 P.M.   Discussion regarding the transfer of $1,750,000.00 to the stabilization
            fund from the general funding bringing the balance of the stabilization
            fund to $3 million.
                   Commission President W. Kent Carper
                   Commissioner Henry C. Shores
                   Commissioner Dave Hardy
                   David Fontalbert, Chief Fiscal Officer

            Commissioner Carper moved to approve the transfer of $1,750,000 to the
            Financial Stabilization Fund from the General Fund. Commissioner Hardy
            seconded. Commissioner Carper stated the County’s cash position is $600,000
            better this year than this time last year. He instructed staff to issue a letter to the
            Sheriff, thanking him for allowing Allen Bleigh, Chief Tax Deputy, to assist the
            Commission with the cash flow issues. Mr. Bleigh stated collections are up six
            percent. Dave Fontalbert stated budget cuts for this year totaled $1.4 million. Mr.
            Bleigh stated personal property collections are up. He attributed the increase to
            individuals paying the full year instead of half year taxes. Commissioner Carper
            stated that he believes some of the increase is due to the Greenbrooke Building.
            Mr. Bleigh stated he will be addressing the delinquency issue on the September
            23, 2010 meeting. He stated there are $5 million in delinquencies from last year
            and a total of $10 million in collectible delinquencies. Commissioner Carper
            stated the County is current on the Jail Bill, but the Department of Corrections


                           MINUTES OF THE COMMISSION
                          MEETING OF SEPTEMBER 9, 2010
                                       Page 6 of 20
owes $5.9 million to the Regional Jail Authority and this should be addressed.
Motion carried.

Discussion regarding Kanawha County’s Legislative Agenda for the 2011
West Virginia Legislative Session, to include but not be limited to,
discussion regarding increases imposed by the Public Employment
Retirement System
      Commission President W. Kent Carper
      Commissioner Henry C. Shores
      Commissioner Dave Hardy
      Carrie Clendening, Legislative Liaison
      Patti Hamilton, Executive Director, West Virginia Association of
             Counties
      Ron Watson, President of the County Commissioners’ Association

Discussion regarding the West Virginia Public Employees’ Retirement
System (PERS) and efforts regarding proper actuarial valuation and
associated costs
      Commission President W. Kent Carper
      David Fontalbert, Chief Fiscal Officer

Commissioner Carper stated the Jail Bill relief has previously been at the top on
the legislative agenda. He feels PERS should be addressed first this year. He
would like for CAA, WVACo, and the Kanawha County Commission to unite on
the issue. Dave Fontalbert stated $2.3 million was saved from the previous
increase reconsideration. Commissioner Carper stated the Commission sent a
letter of gratitude to the Governor. He would like to request for the PERS Board
to reconsider the coming year’s increase. He stated the calculation is using one
of the worst stock market rates in history and would like for them to reconsider
the rate as the market has somewhat recovered. He stated the Kanawha County
Commission had a $10,000 cost in last year’s attempt and requested assistance
from CAA and WVACo with the upcoming efforts. He stated the Legislative list
will additionally address the increase of the Deputy Sheriff Retirement System,
the Partial Reimbursement Fund, and Community Voting Reform. Patti Hamilton
stated WVACo will meet in early October to discuss agenda items and
Commissioner Ron Watson stated CCA will meet September 19-20, 2010.
Commissioner Watson discussed Insurenet, a program to scan license plates for
insurance. He stated the program will cost $26 million to the company, not the
State, but will generate $200 million in revenue for the State. It was stated it will
likely have to be a Governor’s Bill in order to pass. Commissioner Carper
suggested a return to the Coal Severance Partial Reimbursement Fund; the bill
should be passed this time. He stated this money should be prorated for each
county to be put toward their jail bills. He stated the reform for the Coal
Severance has passed in the House and more money would be dedicated. Ms.
Hamilton stated there should be a public policy statement on substance abuse
treatment that could curb the inmate flow into the jails. This would be a proactive
stance. Commissioner Watson stated municipalities are a contributing problem to


              MINUTES OF THE COMMISSION
             MEETING OF SEPTEMBER 9, 2010
                           Page 7 of 20
the Jail Bill. Commissioner Carper instructed staff to send a letter to CAA and
WVACo requesting they send a letter to the Governor requesting a reprieve with
the PERS increase and to go see the Governor on this issue. Ms. Hamilton
stated half the transfer tax goes to the State and this will be on WVACo
legislative list. She stated she did not realize the Commission incurred costs for
last years PERS efforts and she would be happy to go to the WVACo board with
a suggestion to assist with any costs incurred with this attempt. She stated the
CAA and WVACo have a good working relationship. Mr. Watson stated unfunded
mandates such as OPEB, VFDs’ and Worker’s Compensation need to be
addressed. Dave Fontalbert stated the cost for the OPEB would be $450,000, if
required to pay at this time. Ms. Hamilton stated concerns for the pension fund
changes and will make NACO aware of the possible change to no longer use the
7 ½ rate of return. Commissioner Carper stated the County is currently working
on a letter to the Tax Modernization Group stating concerns over new tools,
“taxes”. He stated the Kanawha County Commission does not want a new tax.
He instructed staff to mail the membership payment to CAA.

Discussion regarding request for funding from the West Virginia
Association of Counties for the West Virginia Historic Courthouses
Documentary, request ranging from $250 to $2,500
      Commission President W. Kent Carper
      Commissioner Henry C. Shores
      Commissioners Dave Hardy
      Patti Hamilton, Executive Director, WVACo

Patti Hamilton was present to request funding for a courthouse documentary.
She stated Kanawha County Courthouse was selected for its architecture. She
stated the documentary will premier December 14, 2010 at the Culture Center.
She stated the documentary will appear on the West Virginia Public Broadcasting
System and it was produced by Walkabout Company in Wheeling, WV. She
stated $55,000 has been raised. Commissioner Carper moved to approve $2,500
for the project from the contributions line. Commissioner Shores seconded.
Motion Carried. Ms. Hamilton stated the Commissioners will be invited to the
premier event. Commissioner Carper instructed for the check to be prepared
tomorrow.

Discussion regarding amending the Hotel/Motel Tax Ordinance to require
entities to sequester tax funds in a special tax account pursuant to W. Va.
Code 7-18-4
       Commission President Kent Carper
       Allen Bleigh, Chief Tax Deputy
       Ray Keener, Assistant County Attorney
       Rob Schulenberg, Assistant Prosecuting Attorney

Commissioner Carper stated $60,000 was picked up from the past audit findings.
He instructed staff to send a letter to the Prosecuting Attorney expressing thanks
for allowing Rob Schulenberg to assist with the audit and ordinance process. Mr.


              MINUTES OF THE COMMISSION
             MEETING OF SEPTEMBER 9, 2010
                          Page 8 of 20
            Schulenberg stated there is code that allows hotel/motel revenues to be
            segregated. This will allow for revenues to be received faster and make the audit
            process easier. He stated there will be a penalty should the ordinance not be
            followed, a possible charge of embezzlement if the amount is large enough.
            Commissioner Carper moved to amend the ordinance and make it effective upon
            passage. Commissioner Hardy seconded. Motion carried. Commissioner Carper
            requested Allen Bleigh send notice to each Hotel/Motel operator, making them
            aware of the change. It was stated Country Inn and Suites of Elkview was the
            finding from the past audit.

6:00 P.M.   PUBLIC HEARING-Discussion and Resolution for Proposed Merger of the
            sewer authority of the Upper Kanawha Valley Public Service District and
            the Chelyan Public Service District, renaming the merged Public Service
            District to the Kanawha Public Service District to include, but not be
            limited to, scheduling of Public Hearing (tentative hearing date September
            9, 2010)
                   Commission President Kent Carper
                   Commissioner Henry C. Shores
                   Commissioner Dave Hardy
                   Marc J. Slotnick, County Attorney
                   John Luoni, Deputy Planning Director
                   Wyatt Hanna, Attorney, Chelyan PSD
                   David Howell, Chairman, Chelyan PSD
                   Representative(s) from Upper Kanawha Valley PSD

            Commissioner Hardy moved to approve the resolution for the proposed merger of
            the sewer authority of the Upper Kanawha Valley Public Service District and
            Chelyan Public Service District. Commissioner Shores seconded. Chelyan PSD
            Chairman David Howell stated there is no reason not to approve the merger.
            Commissioner Carper verified the proper documents have been published
            correctly. He verified there was no opposition present. Motion carried. David
            Howell is to make a recommendation for a replacement board member for Monte
            Shelton.

            Discussion regarding change in Fixed Asset capitalization policy (for
            Financial Statement Purposes) increasing the threshold from $5,000 to
            $25,000 per item, in accordance with current Best Practices of the
            Accounting Community, internal tracking to remain at $5,000 per item
                  Commissioner President W. Kent Carper
                  David Fontalbert, Chief Fiscal Officer

            Commissioner Carper moved to approve the change in the Fixed Asset
            Capitalization Policy, increasing the threshold from $5,000 to $25,000.
            Commissioner Shores seconded. Motion carried.

            PUBLIC HEARING-Application of Ronald Cook, Robert Perrine, and



                          MINUTES OF THE COMMISSION
                         MEETING OF SEPTEMBER 9, 2010
                                     Page 9 of 20
Charles Knotts for Street Closing of the portion of Crede Drive that borders
3814, 3818, and 3824 Crede Drive, (Lots 24-31), also known as Fleming
Avenue, Off Grimm Street, in Crede, Elk District, Tax Map 36G, Parcels 9,
10 and Elk District, Tax Map 36F, Parcels 33, 34, 35, Kanawha County,
West Virginia. (Kanawha County Planning Commission Recommended the
Street Closing for Approval on August 11, 2010 by an 11-0 Vote)
        John Luoni, Deputy Planning Director
        Ronald Cook, Applicant
        Robert Perrine, Applicant
        Charles Knotts, Applicant

A petition was filed in opposition of the street closing. John Dorsey is the counsel
for Ronald Cook, petitioner. Steven Cook would like additional time to obtain
counsel. Seventeen individuals signed his petition in opposition. The Planning
Commission met on Aug 11, 2010 and voted unanimously to close the road.
Steven Cook’s request for continuance was denied. It was stated two of the three
petitioners were present, and an additional three supports were present.
Department of Highways is attempting to sell the railway right of way to abutting
property owners. Raymond Keener stated the petitioner has the burden of proof.
Mr. Dorsey stated Ronald Cook objects to the request for a continuance.
Commissioner Hardy verified that an appeal would be held at Circuit Court.
Commissioner Carper stated the Commission Meetings are not a court of record;
however the record is made with the recordings of the meetings. Commissioner
Carper verified Steven Cook made attempts to obtain an attorney. Ronald Cook
stated he has made an attempt to compromise. He stated the access in question
has not been used; this is an attempt to keep him from purchasing his half of the
property available. Commissioner Carper moved for the record of the Planning
Commission meeting to be made a part of the record today. There were no
objections stated. Commissioner Hardy questioned as to if Planning Commission
made a specific finding with regard to 7.1.3b. Commissioner Carper stated a
finding was made. Steven Cook stated petitions were filed the day of the
Planning Commission and not ahead of time. Commissioner Carper asked if
there was a request for continuance and having heard none the hearing began.
Ronald Cook, petitioner, was sworn in. He stated he is the owner of four lots on
White Subdivision. These are between Fleming Avenue and the water of the Elk
River. He has lived in the neighborhood since May 2001 and his property was
previously owned by his aunt and uncle when they purchased in 1956. It is a
“paper” street that is in question for closing, there is no actual street. They
consider it as their driveway and not an actual street. A portion has been
developed for access to his property. Ronald Cook stated the original discussion
for sale price was $10,000 to $12,000 for 4 lots. He stated no one is paying taxes
on it right now. Commissioner Carper verified Steven Cook will not be
landlocked. Ronald Cook stated Steven Cook inquired to purchase a piece of
property that there is no right of way to. Ronald Cook had to decide as to whether
to purchase or waive rights. He stated upon learning this he filed the petition to
close the road. Ronald Cook stated there has been no use of the road since he
purchased in 2001 He stated he visited the property on numerous occasions


              MINUTES OF THE COMMISSION
             MEETING OF SEPTEMBER 9, 2010
                         Page 10 of 20
since 1956 under the ownership of his aunt and uncle and does not recall the
property being used for any purpose as early as the 1990’s. Steven Cook stated
the road has been used for many years. Ronald Cook stated the right of way is
not accessible. There was an offer of compromise at Grim Street between lot 27
and 28. It is safe access. He does not want to be held responsible in case of
injury. There is a pump station at the upper end of the property offering access to
the river. The street closing would result in cutting off the access to the river. The
cost is $100,000 to the stabilize river bank and if that is where the access is
desired the costs should be shared and he should not be required to maintain a
walking trail at his expense. It was stated that If Ronald Cook can not purchase
then the adjacent property owners will be able to purchase the property. There
are six lots on Ronald Cook’s side. Steven Cook stated the public access to the
river should not be sacrificed in order for Ronald Cook to become abutting to the
property and able to purchase the area of the closed road, others can purchase
just not Ronald Cook. Steven Cook stated he has not personally used the
access. He stated neighbors have used it in the past and it was vital to the
neighborhood in the past. Mr. Nicely stated there can not be adverse possession
against the State of West Virginia. Commissioner Carper stated the fact that they
have not used the property does not waive their right to the property. Mr. Dorsey
stated the way to approach this situation is if anyone will be hurt by this and if
their access will be cut off from this. Commissioner Carper stated it can not be
shown that the property will not be used in the future. He verified there are no
boat docks because of Mink Shoals and there is a public access at Harding’s
Restaurant. Steven Cook stated this is not about putting a boat in the river it is
about walking down to the river. Commissioner Carper stated the task falls with
the opposition to show harm. Robert Perrine was sworn in, a resident on Grim
Street. It was stated Mr. Perrine stands to benefit from the closing of the road
and will be able to purchase land. Steven Cook read a statement for his
opposition to the street closing. Commissioner Carper stated the tax revenue for
this closing has no influence on the decision to close the road. Steven Cook
reference code stating use and rights of no person in such road, streets or travel
way shall be impaired or lost. Mr. Dorsey stated the property is not showing
assessed. Commissioner Carper verified there is no access to the river if this
closing is approved. Robert Cook is offering a different access to the river as a
compromise. Commissioner Carper stated it appears no one can enforce
restricted use of the property the way it stands now. He verified with Steven Cook
that use of the property has occurred within the past 10 years. Mr. Nicely is the
property manager for District 1 and handles this property. Commissioner Carper
instructed staff to prepare a letter to Secretary Paul Maddox as a thank you for
Mr. Nicely attending the meeting this evening. Mr. Dunlap, a resident of North
Creed Drive adjacent to Ronald Cook’s property for 28 years, stated he has
witnessed no use or attempt to use the access to the river bank. He is in favor of
the petition, but this is causing conflict among the neighbors. Steven Cook will
take the offer of an easement back to discuss with the other opposing petitioners.
Commissioner Hardy inquired as to Steven Cook’s interest in purchasing the
additional parcel. Steven Cook stated his mother-in-law has no interest in
purchasing the additional property and the focus is on the public access.


              MINUTES OF THE COMMISSION
             MEETING OF SEPTEMBER 9, 2010
                          Page 11 of 20
Planning Commission concluded there is no viable river access. Commissioner
Hardy encouraged a compromise. Ronald Cook stated he was in receipt of a
certified letter from Steven Cook with an interest to purchase part of the property.
The letter is from three years ago. It was stated Steven Cook has already
petitioned his portion of the property. Elizabeth Dunlap, resident of North Creed
Drive, stated an easement at the end of Fleming would provide access to the
river and this would be a positive compromise. Steven Cook stated that a
meaningful easement would likely be approved by the opposing petitioners.
Commissioner Carper stated the Commission will withhold from voting today. He
stated the matter concludes today and will not hear any new evidence. Ray
Keener will meet with all parties to document a compromise. The matter will be
on the next agenda for a vote and the parties will be notified of the action taken, if
parties provide contact information.

Discussion regarding July 2010 West Virginia Regional Jail Authority
invoice totaling, $401,910.30 to include but not be limited to, approval of
payment submission
       Commission President W. Kent Carper
       David Fontalbert, Chief Fiscal Officer

Commissioner Carper moved to approve the July 2010 payment to the West
Virginia Regional Jail Authority, totaling $401,910.30. Commissioner Hardy
seconded. Motion carried.

Discussion regarding Commissions’ Policy requiring each formally-
organized recipient of County Contribution Funds to provide a current
independent audit report of its financial records/condition prior to
receiving grant award and requiring any local government organization’s
funding request must include documented evidence, its personnel
attended the most recent WV State Auditor’s fiscal workshop in order to
be eligible for county assistance (Order 2008-236, adopted on April 15,
2008)
       Commission President W. Kent Carper
       Commissioner Henry C. Shores
       Commissioner Dave Hardy
       David Fontalbert, Chief Fiscal Officer

This item was pulled from the agenda. It will be discussed at a later date.

Discussion regarding setting Thursday, October 28, 2010, from 6 p.m. to 8
p.m. as the date and time for Trick or Treat for Halloween in the
unincorporated areas of Kanawha County
      Commission President Kent Carper
      Commissioner Henry C. Shores
      Commissioner Dave Hardy




              MINUTES OF THE COMMISSION
             MEETING OF SEPTEMBER 9, 2010
                          Page 12 of 20
        Commissioner Hardy moved to approve the setting of Trick or Treat for October
        28, 2010 from 6 p.m. to 8 p.m. Commissioner Shores seconded. Motion carried.

        Kanawha County Commission meetings through November, 2010
             Commission President Kent Carper
             Commissioner Henry C. Shores
             Commissioner Dave Hardy
                                 DATE                                       TIME

     Thursday, September 23, 2010                                       5:00 p.m.
     Thursday, October 7, 2010                                          5:00 p.m.
     Tuesday, October 19, 2010                                          5:00 p.m.
     Thursday, November 4, 2010                                         5:00 p.m.
     Thursday, November 18, 2010                                        5:00 p.m.


        Kanawha County Commission Dates for the General Election of November
        2, 2010
               Commission President Kent Carper
               Commissioner Henry C. Shores
               Commissioner Dave Hardy
            DATE                     TIME                   EVENT/LOCATION

Wednesday, October 6, 2010        8:00 a.m.    Public Test – Early Voting
                                               Voters Registration Office
Tuesday, October 26, 2010         8:00 a.m.    Public Test – General Election
                                               900 Christopher Street
                                               Voters Registration Office
Tuesday, November 2, 1010         6:30 a.m.    Kanawha County Precincts throughout
                                     to        Kanawha County
                                  7:30 p.m.
Monday, November 8, 2010          7:00 a.m.    Canvass, General Election
                                               Voters Registration Office

        Discussion regarding Kanawha County Fall Cleanup (8:00 a.m. to 4:00
        p.m. at all locations)
               Commission President Kent Carper
               David Armstrong, Planning Director
               John Luoni, Deputy Planning Director

                   DATE                              EVENT/LOCATION

      Saturday, September 25, 2010      Cabin Creek, behind Go-Mart
      Saturday, October 2, 2010         Sissonville, Call Road
      Saturday, October 23, 2010        Institute, Rehabilitation Center Property



                     MINUTES OF THE COMMISSION
                    MEETING OF SEPTEMBER 9, 2010
                                 Page 13 of 20
6:00 p.m.     PUBLIC COMMENT

              COUNTY MANAGER’S REPORT

              DEPUTY COUNTY MANAGER’S REPORT

              CHIEF FISCAL OFFICER’S REPORT

              COUNTY ATTORNEY’S REPORT

              CLERK OF THE WORKS REPORT

              STAFF REPORTS

              NEW BUSINESS

              FIDUCIARY

              Commissioner Hardy moved to approve the Fiduciary orders. Commissioner
              Shores seconded. Motion carried.

              Administrative Closing Order, Malachi Free Thomas

              Administrative Closing Order, Christopher Curtis Kelly, Ward

              Order Admitting Estate to Probate, James F. Dent

              Order Declaring Re-Opened Estate Closed, Owen Richard Colan

              Order Declaring Re-Opened Estate Closed, Mary Jane Reed

              Objections and Exceptions, As Advertised for proposed settlement in the
              September 6, 2010 issue of the Charleston Gazette and the Charleston
              Daily Mail

              PURCHASE ORDERS

              Commissioner Hardy moved to approve the Purchase orders. Commissioner
              Shores seconded. Motion carried.

              Order Confirming and Approving Purchase Orders in Excess of $4,999.99
              to be issued by the Kanawha County Commission Purchasing Department:
            Vendor               Department        Amount            Comments/Description
VisionAir                      Sheriff’s Law      $67,966.57     RMS Services for MDT’s
                               Enforcement


                           MINUTES OF THE COMMISSION
                          MEETING OF SEPTEMBER 9, 2010
                                    Page 14 of 20
                                  Division
AT&T Mobility                     Sheriff’s Law     $5,468.28    MDT Service for 5/24/10 – 6/23/10
                                  Enforcement
                                  Division
Casto & Harris                    County Clerk-     $46,271.13   Ballots for Special Election
                                  Elections
Ryder Transportation              County Clerk-     $6,724.96    Truck Rental for Special Election
                                  Elections

                 Order Confirming and Approving Purchase 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 2010-
                 2011 Budget Revision:
            Vendor                  Department       Amount           Comments/Description
RICOH                             Prosecutor’s      $11,765.76   12-Month Copier Lease
                                  Office

                 ORDERS

                 Commissioner Hardy moved to approve the orders. 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 as
                 well as the Kanawha County Commission meeting of September 9, 2010)
                        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 as
                 well as the Kanawha County Commission meeting of September 9, 2010)
                        The Honorable Vera J. McCormick, County Clerk

                 Order Confirming and Approving Order Entered by the Clerk of the County
                 Commission of Kanawha County, West Virginia
                       The Honorable Vera J. McCormick, County Clerk

                 Order approving overtime for Kanawha County Commission employees
                 for pay period ending September 30, 2010 for hours worked in the pay
                 period of August 23, 2010 through August 29, 2010
                       Brent Pauley, County Manager

  PAY PERIOD 08/23/2010-08/29/2010

  NAME                      OT STRAIGHT    AMOUNT     OT TIME/HALF    AMOUNT          TOTAL



                             MINUTES OF THE COMMISSION
                            MEETING OF SEPTEMBER 9, 2010
                                       Page 15 of 20
Chandler, Tammie                5.33      $113.56                      $0.00      $113.56
Fleck, Kimberly                 2.58       $61.37          1.49       $53.16      $114.53
Koepsel, Leslie                 2.00       $35.43          0.58       $15.41       $50.84
Hudson, Theresa                 1.02       $20.54                      $0.00       $20.54
Sandoro, Colt                   2.00       $27.33          2.63       $53.91       $81.24
Hodge, Edna                     1.85       $24.19                      $0.00       $24.19
Prowse, James                   2.50       $35.90          3.48       $74.95      $110.85
Moore, Allen                    3.45       $47.77                      $0.00       $47.77
Rucker, Raymond                 2.92       $37.44                      $0.00       $37.44



                               23.65      $403.53          8.18      $197.43      $600.96
                   Jennifer Sayre, Deputy County Manager/Grants Director

            Order Authorizing the Clerk of the County Commission to issue a check
            from General County, #001-704.00-2-30.00, in the amount of Four Hundred
            One Thousand Nine Hundred Ten Dollars and Thirty Cents ($401,910.30)
            to the WV Regional Jail Authority representing payment for July, 2010
                   David Fontalbert, Chief Fiscal Officer

            Street Closing Application of Ronald Cook, Robert Perrine, and Charles
            Knotts for Street Closing of the unimproved portion of Crede Drive that
            borders 3814, 3818, and 3824 Crede Drive, (Lots 24-31), also known as
            Fleming Avenue, Off Grimm Street, in Crede, Elk District, Tax Map 36G,
            Parcels 9, 10 and Elk District, Tax Map 36F, Parcels 33, 34, 35, Kanawha
            County, West Virginia
                   John Luoni, County Engineer

            Order Authorizing the Clerk of the County Commission to issue a check
            from the General Fund, #001-401.00-5-67.00, in the amount of Twenty
            Seven Thousand Five Hundred Dollars ($27,500.00) to the Fiduciary Fund
            (#016), representing the County’s monthly contribution for July and
            August 2010
                   David Fontalbert, Chief Fiscal Officer

            Order Authorizing the Clerk of the County Commission to issue a check
            from General County, #001-401.00-5-67.00, in the amount of One Million
            Seven Hundred Fifty Thousand Dollars $1,750,000.00) to the County
            Stabilization FUND #058, resulting in a Stabilization Balance of
            $3,000,000.00
                   David Fontalbert, Chief Fiscal Officer

            Order Authorizing the Clerk of the County Commission to issue a check
            from General County, #001-401.00-5-67.00, in the amount of Three
            Hundred Twenty Thousand Sixteen Dollars ($320,016.00) to the County’s



                        MINUTES OF THE COMMISSION
                       MEETING OF SEPTEMBER 9, 2010
                                  Page 16 of 20
Special Capital FUND (090), representing funding of the Capital Budget,
including encumbrances, for Fiscal 2010-2011
       David Fontalbert, Chief Fiscal Officer

Order Directing representatives from the County Treasurer’s Office
(Sheriff), the Clerk of the County Commission, and the County Commission
to meet as often as practicable, but at least quarterly, to review the
County’s collections, cash position, and general fiscal wellness
       Commission President W. Kent Carper


Order Authorizing the Clerk of the County Commission to issue a check
from the Dog Fund (#003-716.00-5-68.02), in the amount of Eight Thousand
Two Hundred Twenty-Three Dollars and Eighty-Two Cents ($8,223.82), to
the Kanawha Charleston Humane Association, representing contribution
from dog license revenues received, as collected and distribut4ed by the
Kanawha County Assessor
       David Fontalbert, Chief Fiscal Officer

Order Authorizing the Clerk of the County Commission to issue a check
from the General Fund, #001-401.00-5-67.00, in the amount of Fifty Eight
Thousand Three Hundred Thirty-Three Dollars and Thirty Cents
($58,333.30) to the Home Confinement Fund, representing the County’s
monthly contribution to the Home Confinement Program, as budgeted, for
July and August 2010
       David Fontalbert, Chief Fiscal Officer

Order Establishing the threshold for financial statement reporting of
depreciable assets at a minimum level of Twenty Five Thousand Dollars
($25,000), to follow Best Practices of the Accounting Profession and
Community, effective for fiscal years beginning July 1, 2009
      David Fontalbert, Chief Fiscal Officer

Authorization for the President of the Kanawha County Commission to
Sign a Maintenance Agreement between the Kanawha County
Commission and Access Systems
       Jerie Whitehead, Purchasing Director

Authorization for the President of the Kanawha County Commission to
Sign a Maintenance Contract between the Kanawha County Commission
and Superior Office Service, Inc.
       Jerie Whitehead, Purchasing Director

Authorization for the President of the Kanawha County Commission to
Sign a Maintenance Agreement between the Kanawha County
Commission and AJ-Allegheny Systems, LLC
       Jerie Whitehead, Purchasing Director


            MINUTES OF THE COMMISSION
           MEETING OF SEPTEMBER 9, 2010
                      Page 17 of 20
      Application 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

      Change of Employment Status, Julie Chestnut, Prosecutor’s Office, Legal
      Assistant, from Part-Time to Full-Time status, replacing Amy Grayam,
      $30,000.00 per year, effective September 16, 2010
             The Honorable Mark Plants, Prosecutor
      Change of Employment Status, Goeffrey Davis, Prosecutor’s Office,
      Runner, from Part-Time to Full-Time status, replacing Brendan Long,
      $30,000.00 per year, effective September 16, 2010
             The Honorable Mark Plants, Prosecutor

      Change of Employment Status, Tina Baria, Circuit Clerk’s Office, Deputy
      Circuit Clerk, from Part-Time to Full-Time, replacing Tonich Arroyo,
      $21,000.00 per year, effective September 16, 2010
             The Honorable Cathy Gatson, Circuit Clerk

      Change of Employment Status, Randall J. Campbell, Assessor’s Office,
      Real Estate Division, from Full-Time to Part-Time status, at $10.00 per
      hour, effective September 16, 2010
             The Honorable Phyllis Gatson, Assessor

      Resolution, The Revision of the Levy Estimate (Budget) for the County of
      Kanawha – F.Y. 2010-2011, General Fund Budget Revision #5


1. Fiscal Year 2010-2011 General Fund Budget Revision #5

   Commissioner Hardy moved to approve the General Fund Budget Revision #5.
   Commissioner Shores seconded. Motion carried.


EXPENDITURES:


001-801.01-3-41.00     Mental Hygiene Supplies                            $1,634.00
001-916.00-5-68.00     Public Library                                   ($1,634.00)


2. Fiscal Year 2010-2011 Fiduciary Line Item Budget Revision

   Commissioner Hardy moved to approve the Fiduciary Fund Line Item Budget
   Revision. Commissioner Shores seconded. Motion carried.


                      MINUTES OF THE COMMISSION
                     MEETING OF SEPTEMBER 9, 2010
                              Page 18 of 20
 REVENUE:


 016-388-0-02.00         Fiduciary Transfers From Gen                                 $1,117


 EXPENDITURES:


 016-411.00-2-16.00      Fiduciary M&R Equipment                                        $417
 016-411.00-2-19.00      Fiduciary Rentals                                              $700


      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 the check registers/supplementals.
   Commissioner Shores seconded. Motion carried.


*********************************************************

Commissioner Carper moved to approve emergency items not placed on the agenda.
These items included payments for training for the Sheriff’s Office, BB & T for $2,085.02,
Chuck Grishaber for $159.00 and North Bend State Park for $231.00. These will be on
next agenda.

Dave Fontalbert requested approval for travel to Dallas for CEP requirements with the
Governmental Finance Officers Association, $1,694 plus airfare and with the University
of Charleston, $2, 070. Commissioners had no objection to the `travel and it will be on
the next agenda.

Commissioner Shores moved to adjourn until the next scheduled Commissioner Meeting
on September 23, 2010. Commissioner Hardy seconded. Motion carried.




                       MINUTES OF THE COMMISSION
                      MEETING OF SEPTEMBER 9, 2010
                                Page 19 of 20
THE KANAWHA COUNTY COMMISSION MEETING OF SEPTEMBER 9, 2010, RECESSED AT
8:03 P.M., UNTIL THE 23RD DAY OF SEPTEMBER, 2010, AT 5:00 P.M.

THE FOREGOING MINUTES ARE APPROVED THIS 23RD DAY OF SEPTEMBER, 2010.



                                         _____________________________
                                         PRESIDENT


                                         _____________________________
                                         COMMISSIONER


                                         _____________________________
                                         COMMISSIONER



________________________
COUNTY ATTORNEY




                  MINUTES OF THE COMMISSION
                 MEETING OF SEPTEMBER 9, 2010
                           Page 20 of 20

				
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