KANAWHA COUNTY COMMISSION

A REGULAR MEETING OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, WAS HELD ON THE 19th DAY OF JANUARY 2006 IN THE COURTROOM OF THE COUNTY COMMISSION LOCATED IN THE KANAWHA COUNTY COURTHOUSE IN CHARLESTON, WEST VIRGINIA, BEGINNING AT 3:04 P.M.

THE FOLLOWING MEMBERS WERE PRESENT:

W. KENT CARPER, PRESIDENT

HENRY C. SHORES, COMMISSIONER

DAVE HARDY, COMMISSIONER

THE ORDERS, RESOLUTIONS AND ORDINANCES AS SET FORTH ON THE FOLLOWING PAGES WERE ADOPTED:

1-19-06

2006-047Order Confirming and Approving Orders in Excess of $4,999.99 to be issued by the Kanawha County Commission Purchasing Department

1-19-06

2006-048Order 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 2005-2006 Budget Revision (Stephens Auto Center, $87,698.00; 2006 Crown Victor Police Interceptors for Glasgow, Belle, Cedar Grove, and Chesapeake Police Departments per Coal Severance Funding Recommendations approved by the Kanawha County Commission 1/5/06)

1-19-06

2006-049Order Confirming and Approving Cash Disbursements to be made by

the Clerk of the Kanawha County Commission-General Fund

1-19-06

2006-050Order Confirming and Approving Cash Disbursements to be made by

the Clerk of the Kanawha County Commission-Special Fund

1-19-06

2006-051Order Confirming and Approving Orders Entered by the Clerk of the County Commission of Kanawha County, West Virginia (Probate Order Report 12/1/05 through 12/31/05)

1-19-06

2006-052Order approving overtime for Kanawha County Commission employees for pay period ending January 31, 2006, for hours worked in the pay period of December 25, 2005, through January 7, 2006

1-19-06

2006-053Order Requiring the Clerk of the County Commission to Post all Budget Revisions, subject to appropriate approval(s), within one (1) Business Day following acknowledged receipt by the Clerks Office

1-19-06

2006-054Order Requiring the Clerk of the County Commission to Reconcile all Accounting Trial Balance Differences on a Monthly Basis, and to Provide said Reconciliations to the Commission no later than ten (10) Business Days following the End of the Previous Month

1-19-06

2006-055Order Requiring the Clerk of the County Commission to Produce Financial Statements for All FUNDS (Standard Balance Sheets and Income Statements) and Internally Publish said Statements to be included on the first Commission Meeting Agenda following One Calendar Month after Period Ending; that is, Statements are Required to be Prepared for Internal Publication (Management Use Only) for the first Commission Meeting in a given Month, One Month in Arrears

1-19-06

2006-056Salary Increase Stephanie Murnahan, Commission (Temporary Part-Time Status) from $9.50 per hour to $10.00 per hour (retroactive to January 1, 2006)

1-19-06

2006-057Authorization for the President of the County Commission to sign bond presented for transfer of previously canceled bonds (Bond No. R-361)

1-19-06

2006-058Order ratifying the transfer of 1998 Ford Crown Victoria (VIN No. 2FAFP71W9WX146317) to the City of Montgomery on January 10, 2006

1-19-06

2006-059Order authorizing the President of the Kanawha County Commission to sign Certificates of Title to the herein listed vehicles

1-19-06

2006-060Order authorizing the President of the Kanawha County Commission to sign Duplicate Certificates of Title transferring surplus vehicles to the Kanawha County Parks & Recreation Commission

1-19-06

2006-061Order authorizing the Clerk of the County Commission to issue a check in the amount of Ten Thousand Dollars ($10,000.00) from Line Item #002-439.00-800-5-68.00 (Coal Severance Developing Projects) to the Belle Fire Department per Commission Approval at the December 15, 2005 Commission Meeting

1-19-06

2006-062Order authorizing the President of the Kanawha County Commission to sign Customer Name Addendum with Dolphin Capital for the Kanawha Prosecutors Office (original Lease signed 9/22/05; Order No. 2005-528)

1-19-06

2006-063Order requiring the Clerk of the County Commission to void Check Number 167585 dated June 29, 2005, in the amount of $165.00 payable to Cynthia J. Kenney and reissue the Honorable Vera J. McCormick, County Clerk

1-19-06

2006-064Order authorizing the President of the County Commission of Kanawha County to execute a Financial Status Report for the 2004-SH-WX-0146 COPS in Schools Grant

1-19-06

2006-065Order authorizing the Clerk of the County Commission to issue a check in the amount of Twelve Thousand Five Hundred Dollars ($12,500.00) from Line Item #001-809.00-5-68.00 (Developing Projects) to the City of Charleston for matching funds for the Justice Assistance Grant (JAG)

1-19-06

2006-066Order Authorizing the Clerk of the County Commission to Issue a Check in the Amount of Fifteen Thousand Nine Hundred Thirteen Dollars and Forty-Eight Cents ($15,913.48) from Line Item #003-716.00-5-68.02 (Dog Fund) to the Kanawha/Charleston Humane Association

1-19-06

2006-067Order Authorizing the Clerk of the County Commission to issue a check in the amount of Two Thousand Four Hundred Dollars ($2,400.00) from Line Item #001-401.00-3-41.01 (Equipment Non-Depreciable) to the Town of Jefferson

1-19-06

2006-068Order authorizing the President of the Kanawha County Commission to sign Agreement of Amendment, Consent, Waiver and Release (0.43 acre tract of land to Timberwolf Development Corporation Charleston Area Alliance)

1-19-06

2006-069Order authorizing the President of the Kanawha County Commission to sign Sanitary Sewer Easement approximately 510 feet +/- in length, depicted on the drawing attached hereto Plat Showing 10 Sanitary Sewer Easement, Southridge Business Park, Kanawha County, West Virginia

1-19-06

2006-070Order In the matter of the property owned by Dorsey Woodwine, Jr., Samantha Paige Casto, and Sarah Nicole Casto (Tax Map 31, Parcel 5.2, Malden District, 1-9/100 A Pt. Smithers Est. Simmons Creek, MH)

1-19-06

2006-071Order appointing Robin Louderback as Guardian Ad Litem for the minors Samantha Paige Casto and Sarah Nicole Casto for the matter of property owned by Samantha Paige Casto and Sarah Nicole Casto

1-19-06

2006-072Order In the matter of the property owned by George M. Bratt, Renee Bratt, and NAJ, LLC (Tax Map 38, Parcel 28, Elk District, Lt. 60 x 154 Surf Coopers Creek)

1-19-06

2006-073Order In the matter of the property owned by Brian D. Woods, Edward A. Woods, Estate of Jessie Wherle, Betty Jean Freeman Jones, Willis Freeman, Daphne Logan (beneficiary under the Estate of Joshua Woods), Donna Jackson (beneficiary under the Estate of Willis Woods), unknown heirs of Willis Woods (Tax Map 19B, Parcel 169, Malden District, Lt. 8, Bk D-1, Levi 1 MH Site)

1-19-06

2006-074Order In the matter of the property owned by Carlos Burdette and Joann Burdette (Tax Map 11A, Parcel 87, Malden District, Lt. 71 x 51, Surf Big Btm Hol)

1-19-06

2006-075Order In the matter of the property owned by Estate of Harold D. Gillispie and Estate of Charlene Gillispie (Tax Map 22, Parcel 61, Washington District, 3A Big Briar Creek)

1-19-06

2006-076Order In the matter of the property owned by Martha Louise Hancock, Phil Arlie Hancock, Nancy Chappel, and Gary Lee Hancock (Tax Map 45B, Parcel 15, Cabin Creek District, Lot 19, Gallagher)

1-19-06

2006-077Order In the matter of the property owned by Thomas L. Coping and Lori Ann Coping (Tax Map 1, Parcel 28, Cedar Grove District)

1-19-06

2006-078Order In the matter of the property owned by Nannie Olive Ramsey (Tax Map 11, Parcel 72.1, Clendenin District, Fr. Pt. Lot 21, Kelly Adn)

1-19-06

2006-079Order In the matter of the property owned by Pauline Williams, (Tax Map 35G, Parcel 1, Elk District, Lt 1 F Williams Sub)

1-19-06

2006-080Order In the matter of the property owned by Clarence Bletner, II (Tax Map 5, Parcel 168, Belle District, Lts. 29-30, 100x196 Belle House and MH)

1-19-06

2006-081Order In the matter of the property owned by John Smith (Tax Map 26, Parcel 60, Loudon District, 1/2 A Lens Creek Less O & G U1 Imps and Garage)

1-19-06

2006-082Resolution Budget Revision #18

1-19-06

2006-083Order conveying walk behind Gravely snow plow/brush hog from Maintenance to Kanawha County Parks & Recreation

1-19-06

2006-084Order authorizing the President of the Kanawha County Commission to sign an Asbestos Contract between the Kanawha County Commission and Astar Abatement, Inc.

1-19-06

2006-085Order authorizing the President of the Kanawha County Commission to sign Extradition Order for Rodney Len Grose to the Governor of the State of Michigan

1-19-06

2006-086Order reappointing Lucie Mellert to the Kanawha County Parks and Recreation Commission (term to expire February 10, 2009)

1-19-06

2006-087Order reappointing Wayne Dawson to the Kanawha County Parks and Recreation Commission (term to expire February 10, 2009)

1-19-06

2006-088Order reappointing Anna Dailey to the Kanawha County Parks and Recreation Commission (term to expire February 10, 2009)

1-19-06

2006-089Order reappointing John Mitchell to the Kanawha County Parks and Recreation Commission (term to expire February 10, 2009)

1-19-06

2006-090Applications 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

1-19-06

2006-091Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor (Decrease $3,843.86)

New Hire 1/19/06:

William Joseph Melton, III, Deputy Clerk, Voter Registration Department, permanent employee replacing Kent Rowley, $18,000.00 per year (effective January 20, 2006, pending Commission approval)

Letters of Intent 1/19/06:

City of Nitro, $25,000.00, 4-door crew cap pick-up truck to be used by the Public Works Department

St. Albans Little League, $20,000.00, construction of a multi-purpose building (concession stand and restrooms)

Town of Marmet, $43,736.00, upgrade of Waste Water Treatment Plant (Coal Severance Funds)

Mary Ingles Elementary School, $25,000.00, playground equipment (Coal Severance Funds)

Upper Kanawha Valley Improvement Council, $5,000.00, employment assistance, GED, training tuition, computer courses, etc. (Coal Severance Funds)

Upper Kanawha Valley Improvement Council, $6,000.00, tuition for low income individuals to attend mining certification (Coal Severance Funds)

Upper Kanawha Valley Improvement Council, $5,000.00, general repairs for homes in need (Coal Severance Funds)

Chesapeake Elementary School, $8,500.00, classroom and library furniture and supplies (Coal Severance Funds)

Woodland Cemetery Association, $1,500.00, grounds upkeep costs (Coal Severance Funds)

Gaston Caperton Senior Nutrition Center, $2,000.00, kitchen supplies (Coal Severance Funds)

Alum Creek Elementary School, $9,982.00, computer equipment (Coal Severance Funds)

East Bank Middle School, $5,925.00, stage curtain (Coal Severance Funds)

East Bank Middle School, $6,669.00, cafeteria table (Coal Severance Funds)

Malden Elementary School, $25,000.00, broadcasting and media technology for students and programs (Coal Severance Funds)

Town of East Bank, $50,000.00, seed money to purchase 250,000 gallon water storage tank (Coal Severance Funds)

Town of Glasgow, $7,000.00, swimming pool renovations (Coal Severance Funds)

Town of Glasgow, $25,000.00, new police cruiser (Coal Severance Funds)

Town of Cedar Grove, $25,000.00, new police cruiser (Coal Severance Funds)

Town of Belle, $25,000.00, new police cruiser (Coal Severance Funds)

Booker T. Washington Community Center, $30,000.00, roof repairs and electrical upgrades/paving (Coal Severance Funds)

Town of Chesapeake, $25,000.00, new police cruiser (Coal Severance Funds)

Town of Cedar Grove, $7,000.00, furniture for City Hall (Coal Severance Funds)

Rand Senior Center, $2,500.00, ice machine and supplies for center (Coal Severance Funds)

Elizaville Historical Society, $8,000.00, maintenance of Ebenezer Chapel (National Registry of Historical Places, Marmet) (Coal Severance Funds)

East Bank Garden Club, $1,500.00, replace Welcome signs for East Bank (Coal Severance Funds)

Upper Kanawha Valley Little League, $3,000.00, grounds keeping machinery/equipment (Coal Severance Funds)

Fields Creek Water Shed, $1,000.00, rent expenses and printer cartridges (Coal Severance Funds)

Budget Revisions 1/19/06:

1. F.Y. 2005-2006 GENERAL FUND BUDGET REVISION #18

2. F.Y. 2005-2006 GENERAL FUND LINE ITEM BUDGET REVISION

3. F.Y. 2005-2006 COAL SEVERANCE FUND LINE ITEM BUDGET REVISION

Supplementals 1/19/06:

Supplemental voucher, Universal Electric, Maintenance, $34,631.36 (Purchase Order No. S062020)

Supplemental voucher, Byrne Justice Assistance Grant, $12,500.00 (matching funds for the Justice Assistance Grant JAG)

Supplemental voucher, Belle Fire Department, $10,000.00 (per Commission approval 12/15/05, Coal Severance)

On Agenda but not processed/approved by unanimous vote of Commission 1/19/06:

Twin City Cougars, $10,786.00, midget league football, cheerleading and majorette operations (Coal Severance Funds)

Pledge of Allegiance Commissioner Shores

Moment of Silence and Recognition

Approval of Commission Meeting Minutes of December 15, 2005

Approval of Commission Meeting Minutes of January 5, 2006

Commissioner Hardy moved to approve the above minutes. Commissioner Shores seconded. Commissioner Carper stated he would like to review them and for the minutes of December 15, 2005 and January 5, 2006 be placed on the next meeting of February 2, 2006.

INTRODUCTION OF NEW EMPLOYEES

County Clerks Office

William Joseph Melton, III, Deputy Clerk, Voter Registration Department, permanent employee replacing Kent Rowley, $18,000.00 per year (effective January 20, 2006, pending Commission approval)

Commissioner Hardy moved approval of the above new employee in the County Clerks Office at a salary of $18,000.00 per year. Commissioner Shores seconded. Motion carried.

CHANGE OF EMPLOYMENT STATUS

None

RESOLUTIONS

None

AGENDA ITEMS

Discussion regarding the implementation of the new Optical Scan/AutoMark voting system to include, but not be limited to, discussion and update regarding public education plan

Commissioner Carper

Commissioner Shores

Commissioner Hardy

The Honorable Vera McCormick, County Clerk

Brent Pauley, County Manager

The Honorable Vera McCormick, County Clerk stated that the Clerks

Office is on target regarding the implementation of the new Optical Scan/Auto Mark voting system. Commissioner Shores asked if Mrs. McCormick anticipated any problems with the new voting system. Mrs. McCormick stated no. The Clerks Office took the new system to the Senior Citizens Center in St. Albans and they liked the new system. The Clerks Office will be visiting several other Senior Centers this month. Commissioner Shores stated there is a new way to register for an office in Kanawha County. Mrs. McCormick stated for anyone who wants to file for office they can register in the County Clerks Office. The last day to file is January 28, 2006 from 8:00 a.m. to 5:00 p.m. Commissioner Carper asked how the public information campaign was going. Mrs. McCormick stated it is going well. Commissioner Carper commended the Clerk for taking the M100 to the St. Albans Senior Center. Commissioner Shores asked about the plan to get the machines to the precincts. Mrs. McCormick stated very carefully and they will be delivered the day before the election by the Clerks Office.

Discussion regarding funding request by the Upper Kanawha Valley Development Corporation in the amount of $35,000.00 from Coal Severance Funds

Commissioner Carper

Commissioner Shores

Commissioner Hardy

The Honorable Damron Bradshaw, Mayor, Town of

Chesapeake

Dr. Anne Cavalier, Upper Kanawha Valley Dev. Corp.

Dr. Cavalier appeared before the Kanawha County Commission and thanked the Commission for giving her the opportunity again to address the Commission. You have been a tremendous friend of the Upper Kanawha Valley and as you say we do not know the impact of what the latest announcements is going to do for us. We need your help. A few years ago we endeavored as the Economic Development Corporation of the Upper Kanawha Valley to attract businesses related to technology and through tremendous support and generosity of this Commission we were able to get the first funds of $100,000 that allowed us to ultimately pull down $3.2 million dollars to build a beautiful facility and that facility is state of the art. Commissioner Carper confirmed it is in Fayette County. Dr. Cavalier stated it is in Fayette County. Commissioner Carper asked how he explains that he is sending money out of Kanawha County to Fayette County? Could that be that is what we really are supposed to do and look beyond these lines and cooperate and merge and work together? Dr. Cavalier stated that is her hope and that is the hope of what we all do. All ships rise with the tide and that sounds like a very strife expression but the reality is when you watch the traffic flow on Route 60. We draw from here and you draw from there. We share employees, residents and when we share that means we all win. That building is complete as of January 1, 2006. The entire basement and first floor have a paid renter. West Virginia is now home to the National Publishing Innovation Center. This is a center unlike any thing anywhere else in the United States and every major newspaper chain has brought money to the table.

There is nearly two million dollars that has been raised to equip this facility as a National Training Facility for the newspaper industry because to my colleagues from the newspapers we all know information technology is touching the printed page. Commissioner Carper stated for purpose of discussion he moved to approve $35,000.00 from Coal Severance Funds to the Upper Kanawha Valley Development Corporation. Commissioner Shores seconded. Commissioner Shores stated that West Virginia Tech has always been dear to this County. With part of the City of Montgomery being in Kanawha County and our support is a real blessing for us to know we had something to do with West Virginia Tech. Commissioner Shores went to West Virginia University. Commissioner Hardy is a graduate from our institution. Dr. Cavalier stated that we take it very seriously that those who come through our door leave better prepared to feed their families contribute to their communities, to pay their taxes and make businesses a better place. Dr. Cavalier stated we have about 130 faculty members and about that many more staff. Commissioner Hardy asked are you speaking of the college or on behalf of the Development Corporation? Dr. Cavalier stated she has her Development Corporation hat on. Commissioner Hardy asked what the annual budget is for the Development Corporation. Dr. Cavalier stated the annual budget for the Development Corporation right now is extremely small. The operating budget itself is probably less than $10,000.00 a year because there are no current employees of the Upper Kanawha Valley Economic Corporation since we lost our Executive Director nearly two years ago. We volunteer all of the work including the custodial work, typing the letters, recruiting and the marketing work. Commissioner Hardy inquired if the college that supports the same. Is this a partnership with the college? Dr. Cavalier stated the Economic Development Corporation is a partnership of businesses with community leaders in the Upper Kanawha Valley. It has on its board all of the Mayors of the Upper Kanawha Valley. Commissioner Hardy asked what he is trying to understand is it an official arm of the college. Does the college support it? Dr. Cavalier stated it is not an official arm of the college. It is part of the community but is not an official arm of the college.

Commissioner Hardy asked how many square feet is in the building. Dr. Cavalier stated there is 30,000 square feet in the building but only 22,000 is rental space because of hallways, bathrooms and lobbies. Commissioner Hardy asked how much is under rent right now. Dr. Cavalier stated that she can not give the exact square foot, but the basement and first floor would be at least half and there is an office on the third floor that is about a quarter of the third floor. Commissioner Hardy asked how much a square foot do you rent it for. Dr. Cavalier stated $12.00 a square foot. Commissioner Hardy stated the National Publishing Innovation Center signed a lease for that amount as of January 1, 2006. Commissioner Hardy asked how long is their lease for? Dr. Cavalier stated it is through the State of West Virginia and the lease had to be designed for only a year at a time but the companies that have come forward such as US Today, Wall Street Journal and Scripts Howard. We have enough re-lease money for the next five years. Dr. Cavalier stated through Techs Foundation Incorporated which is a West Virginia Tech entity, have put in deposit sufficient funds to pay that lease for five years. Commissioner Hardy asked what the annual lease would be? Dr. Cavalier stated she was sorry but she could not do the math that fast. Commissioner Hardy asked you have the National Publishing Innovation Center committed for a one year lease for the basement and the whole first floor? Dr. Cavalier stated yes. Commissioner Hardy stated that the Tech Foundation has received a deposit even though there is not a five year lease but it will cover five years of rent. Dr. Cavalier stated even more than that because they have also put money in for equipment and furnishings. Commissioner Hardy asked who is renting one-half of the third floor. Dr. Cavalier stated the corner of the third floor is rented by UTRON and they are a National Research and Development Corporation and they also have a facility in Mason County, West Virginia and they build and design equipment for the military. Commissioner Hardy asked how long is their lease for? Dr. Cavalier stated that their first lease was for three years and they have been there two and she has a meeting next week to renew for another three years. Commissioner Hardy asked how many people are employed by the National Publishing Innovation Center. Dr. Cavalier stated at this point there is one and that is Jack Knuckles who is also an employ of West Virginia University Tech and because the lease just started January 1, 2006. They have to do a build out first. This is a shell building. Commissioner Hardy asked who is paying for the build out. Dr. Cavalier stated the build out is being paid by donated funds from this National group with newspaper chains. Commissioner Hardy asked did they make any representation of how many people they would employ. Dr. Cavalier stated their representation to us is that any given time there will be only about three employees. This is a National Training Center. The economic value of this does not so much come from three permanent employees as it does the constant class of trainees coming from Wall Street Journal, Miami Herrald, and USA Today learning new techniques on new equipment. Commissioner Hardy asked how many people they are going to train a year. Dr. Cavalier stated the facility is built so they can train 30-50 at a time. Right now, they have commitment for eight training sessions as soon as the build out gets finished. Commissioner Hardy asked how many people does UTRON employ. Dr. Cavalier stated they have three at the site right now and they are advertising for a fourth.

Commissioner Hardy asked if the proposal is for $35,000.00 from Coal Severance money? Dr. Cavalier stated yes. Commissioner Hardy asked what will the $35,000.00 be used for. Dr. Cavalier stated $10,000.00 is for marketing the EDA University Center that she manages at Tech is matching that with $10,000.00. So it is a $20,000.00 study and the EDA Group is putting in another $5,000.00 to support the marketing study. Commissioner Hardy asked what will the marketing study entail? Dr. Cavalier stated there are two phases of the marketing study. The company doing marketing study is headed by two gentlemen, one of whom has such a high national reputation that after 911 he was the person called to run the forensic savage for the devastation that was there at 911 and the first person called after Katrina. He turned Katrina down because he just emotionally could not take that work again. He is connected all over the United States. The second is a person who has worked in business industry in Federal Government. He is also connected all over the United States. What they are going to do for us in Phase I is look at what we have done so far, what we have to offer, rebuild and redesign and redeploy our entire marketing effort so that we are targeting specific areas and specific companies. In Phase II they are going to work with us to make a short list of companies, take us to those companies, and make those introductions. Although they are still on Phase I they have already contacted two companies which we will meet over the next month. Commissioner Hardy asked what the other $25,000.00 will be used for?

Dr. Cavalier stated we are hoping that the Commission will continue an annual contribution of $10,000.00 to help us along with our efforts and $15,000.00 is for the bathroom build out on second floor because we need bathrooms for employees. We have the funds to build out the first floor and that is where the National Publishing Innovation Center will be although they will build out their own office space. We need money to build out the bathrooms on second floor because when we bring people in they feel like they need to see the public parts of that building build out. Commissioner Hardy asked if there were bathrooms on the third floor at all. Commissioner Hardy asked if the third floor is where UTRON is. Right now the bathrooms are not finished on third floor. Dr. Cavalier stated that is correct.

Commissioner Hardy asked does the Economic Development Corporation actually own the building? Who actually owns the building? Dr. Cavalier stated the Economic Development Corporation actually owns the building. Commissioner Hardy asked if there are any more Federal Grant pending on the building as far as those that might be received or applied for? Dr. Cavalier stated they have applied, have been awarded, but have not received $200,000.00 to help with the build out in the area that will be the National Publishing Innovation Center. Commissioner Hardy asked from whom? Dr. Cavalier stated USDA. Dr. Cavalier stated it has been awarded but we do not have the money in hand. Commissioner Hardy asked when this will be due? Mayor Bradshaw stated in April, 2006. Dr. Cavalier stated she received the letter before Christmas, it was late fall. Commissioner Hardy asked what happened to the other prospective tenants that indicated interest in coming there? To get the Federal Grant we had to have signatories on leases and we did have two large companies that signed off on that. These are companies that service Federal contracts. One was Accordia and the other one was Information Manufacturing Corporation and they are a national documents digitizing company and they just received a contract to digitize all of the documents in Iraq. They are a huge corporation and she is proud to say their CEO is Admiral Joe Lopez, retired. They were committed to coming. They stayed with us through two dates when the building was supposed to be done and it was not and they were under threat of being in violation in servicing their Federal contracts. They had to implement those contracts somewhere. Commissioner Hardy asked how they escaped from the contract? Did they actually have an escape clause? Dr. Cavalier stated yes they had an escape clause. Commissioner Hardy asked do they have any interest in coming back to the building. Dr. Cavalier stated they do. Dr. Cavalier has talked to Acordia and they are interested and they are working on a contract and would come back to the table with us. Dr. Cavalier thinks that we all know that the Admiral would bring economic help to our area if he could. They too are looking for a contract. Commissioner Hardy stated he has been in the building and it is a beautiful building. To me it is a lot easier to commit funds to capital improvement to the building than marketing studies. Commissioner Hardy cannot tell you the marketing studies that have been held by Advantage Valley, Charleston Area Alliance, and HADCO in Huntington, with prospects all over the country, Europe, Asia and frankly it seems like they generate a lot of paper and prospects but rarely do you ever see the pay off. Commissioner Hardy stated his experience has been those who want to make money know how to find where they want to put their businesses and he can not tell you the money that has been spent with Charleston Area Alliance and Advantage Valley on marketing studies and the people who are brought in from Europe, Italy and the State Economic Development Office and he is yet to see a pay out on it. Commissioner Hardy asked are the Upper Kanawha Valley Mayors supporting this and is it Coal Severance dollars? Commissioner Hardy could debate this because there is London and there is a need for funds there. Mayor Bradshaw stated that RDA took that up today. Commissioner Hardy asked are you going to deal with the issues at London. Mayor Bradshaw stated with the American Water Company in tow we will take care of the issues in London. Ms. Blake has that on her agenda as well as Mark Sankoff.

Commissioner Hardy asked are you saying your marketing arm for Tech is going to match the marketing study, dollar for dollar? Dr. Cavalier stated she is not saying marketing arm for Tech, Dr. Cavalier runs a program called EDA University Center where she gets federal money to grant economic studies and plans. Dr. Cavalier will allocate $10,000.00 to match the Commissions $10,000.00. Commissioner Hardy asked is Fayette County in for a dollar? Have you asked Fayette County? Dr. Cavalier stated Fayette County gives us between $2-5,000.00 a year. Commissioner Hardy stated we are in for at least $10,000.00 a year. Dr. Cavalier stated yes. Commissioner Carper stated we are not guaranteed to do that. Dr. Cavalier stated that is correct and that is why she is here asking for the Commissions help.

We are at the point where we are going to make this work and we need your help. Commissioner Shores stated when we are helping you, we are helping West Virginia Tech. Dr. Cavalier stated yes you are. Commissioner Shores stated that it was his understanding that the Engineering Department is moving out of West Virginia Tech, is that correct? Dr. Cavalier stated that was her understanding and if the Legislature passes the bill that will happen. Commissioner Shores asked what will that do for Tech. What do you think the substance is going to be to that school to lose their Engineering Department? Dr. Cavalier stated are you asking me to wear my Tech hat, my Alumni hat or my economic development hat. Commissioner Shores stated you can wear what ever hat you choose to wear. Is there anything you can do to supplement what has been lost? Dr. Cavalier stated if the Legislature believes that this is the wises thing for the State of West Virginia than look at us as an institution to receive special considerations in the way of starting new academic programs to receive a residence hall and to receive additional operating dollars. There would hopefully be compensation to offset the loss of the Engineering program. There is one ray of sunshine in all of this and that is West Virginia University Tech has been seen as an institution with phenomenal quality with outstanding potential that places like DOW Research Center which is reported to track millions of dollars (research dollars) would need Techs Engineering program to succeed. In that we could take some pride.

Commissioner Carper stated that it seems like it was just yesterday but it was a long time ago he remembers coming up when the project first started and you all needed some seed money from the Kanawha County Commission to start the building. What year was that, do you remember? Mayor Bradshaw stated 1998. Commissioner Carper stated a little while ago and he remembers a lot of people told us that we would never get the money from the Federal Government. How much was that original investment by the Federal Government? Dr. Cavalier stated 3.2 million. Commissioner Carper stated 3.2 million and yes there has been three steps forward and two steps back but you have tried so hard and it looks like to me your tipping point. Commissioner Carper understands the tipping point and we are very close to success and in light of this recent announcement that part of the County again is hit hard. Hit hard in the last 20-30 years of lost chemical jobs by tens of thousands and coal mining jobs by 20-30 thousands, so enormous and so irreplaceable. Commissioner Carper always looked at West Virginia Tech like an anchor store for education for that part of the area and even though a small portion is in Kanawha County, he always felt it was in Kanawha County and an obligation. Interestingly enough he is an alumni of West Virginia State, now a University. They have made a request from this Commission just about every year since he has been here and we have never granted any of those requests. Commissioner Carper can see the difference the large grant you have gotten and the ability to pull it together and you needed seed money and the original $125,000.00 and we added $25,000.00. Dr. Cavalier stated yes. Commissioner Carper stated we did that and that was the right thing to do. Commissioner Carper can see the risk of what happens six months from now and none of the rentals been there and the building is foreclosed and Commissioner Carper stated someone asked why we did this. Someone ask me the other day why in the world did we put money in Independence Air and if you look at the math on that one and the money that was put in by this Commission and the State and Yeager Airport to support Independence Air. According to national figures, that was a marketing study, and that is one that actually worked for a while and according to that, the figures of saving over $34,000,000.00. Sometimes these economic study goals are hard to put together and to work and he understands that your explanation cleared it up. Commissioner Hardy stated my final point of marketing studies is that $100,000.00 is being spent in this state for marketing studies for economic development. A ten dollar raise in the price of coal per ton does more to change the economic landscape in the Upper Kanawha Valley than millions of dollars worth of economic studies. We are spending coal severance dollars generated and we have a surplus because of the raise in price of coal. So coal price goes up Coal Severance goes up and we therefore have the funds to put more money into the marketing study. Commissioner Hardy has been here five years and really hoped at some point the Economic Development Corporation has a full building up there and he would like to see Acordia there.

Commissioner Hardy stated when there is money to be made and private businesses come whether there is economic development studies or not. They know how to come in there and make money real quick and you can see that from here to Montgomery on both sides of the river. Commissioner Carper stated with the economic studies he agrees but he does not know how much money was wasted more than by the State on economic development studies and all of those engineering studies they did when they were going to build all of those roads which will never be built. The State spent fifty million dollars or something like that but my favorite economic studies were the Port Authority. Commissioner Shores stated he wanted to help in anyway and the best thing he could do is to ask our County Manager, Brent Pauley to put this on our Legislative list and make that this a number one main point to protect West Virginia Techs Engineering Department.

Commissioner Carper stated that his vote would be yes because of the confidence he has for Tech and the need to help Tech and also for the confidence he has in Dr. Cavalier. Commissioner Hardy agreed with Commissioner Carpers statement and also stated that Dr. Caveliers answers were complete and not at all vague. Motion carried.

Discussion regarding security issue at Judicial Building vestibule

Commissioner Carper

Brent Pauley, County Manager

The Honorable Mike Rutherford, Sheriff

Chief Deputy John D. Rutherford

Representative(s) from the Judicial Building

Commissioner Carper announced that Judge Bloom will be the new Chief Judge for the year 2006.

Commissioner Carper noted that the Commission received a report from the Sheriff addressing the needs for additional security within the Judicial Building. The Sheriff stated that the Judges reviewed the report prior to its submission to the County Commissioners. Judge Bloom ensured the Commission that all of the Judges reviewed the suggestions that the Sheriff made and certainly support the suggestions. The suggestions detailed in the report will help to protect the publics interest and the employees with additional security measures.

The report included five recommendations for additional security within the Judicial Building. First, exit doors at the front of the building. The exit doors are currently located with the screening area and there is a traffic flow problem with those entering the building and exiting the building. The security personnel cannot properly monitor individuals who may try to come through an exit. The recommendation is to install an alarm system between the inner and out door and also make the exit door a one-way door. If an individual is exiting the first inner door and then try to turn around and come back in they will not be able to open the door because it will be a one-way door and there will be an alarm that will alert security that someone is coming in the outer doors. Commissioner Carper stated that he felt that this item would be an emergency item that needed to be correct ASAP for the safety of all individuals within the Judicial Building. Sheriff Rutherford stated that he thinks that the exit door problem is the most critical and important issue to address. Commissioner Carper stated that it was the opinion of the Chair of the Commission to make the exit door issue an emergency item. Commissioner Hardy asked Sheriff Rutherford to clarify that an alarm was needed for the exit doors to warn the security staff that someone was trying to enter the building without going through security. Sheriff Rutherford confirmed that the alarm was part of the request. The Sheriff also explained that if an individual exits the building properly and does not try to come back in the exit doors, the alarm will not go off. It will only be sounded when someone tries to re-enter the building through the exit doors. The alarm has a motion detector that will alert security if an individual is going the wrong way in the exit area. Judge Bloom explained that individuals will often be polite and hold a door open for someone to come in the building, and that the alarm would keep people from entering the building through the wrong door. This will allow security to monitor the traffic that might be attempted to enter through the exit doors. This alarm would sound and that would alert the security people. This is a very congested area and when the alarm sounds, security would be alerted. Commissioner Hardy stated there is so much commotion coming and going that without the alarm someone could get missed and get back in the building. Commissioner Shores agreed that the exit doors were an emergency item that needed to be corrected. Commissioner Carper stated that the chair finds it as an emergency. Commissioner Hardy moved to approve an alarm to be placed between the inner and outer doors. Commissioner Shores seconded. The Commissioners agreed to have the purchasing department follow the correct procedures for getting a price for the alarm and asked them to assist the Sheriff in getting quotes or going out to bid as needed. Motion carried. Commissioner Carper stated that alarm should be purchased unless it comes back at $30,000.00 and then the Commission will need to review the item again.

The second recommendation from the Sheriff is the installation of an additional door on the Virginia Street side of the building, which is the south side of the building. The door will be identical to the door on the north side of the building, in the entrance area. Commissioner Carper stated that this item will need to bid out by the Purchasing Department. Judge Bloom stated that the point of this request is to allow for additional space and to have a secure vestibule area, so that one door locks and other one closed.

The third recommendation was for the front configuration of the security vestibule. The recommendation is that a counter be placed on the south side of the security area. This would keep people from coming in and around and into the security area itself. Commissioner Carper requested that additional planning and architectural development be used for this portion of the project. Judge Bloom stated that the Sheriff did not want something permanent built. The request is for furniture to be installed to allow some restrictions to the security area. Sheriff Rutherford stated that there needs to be a counter or something there to keep people from being able to easily walk in and around the security area. Commissioner Carper requested that the County Manager take notes on these request and keep track of what the Commission approves.

Another issue that needs to be addressed for the Judicial Building is the stairwell where a fire exit comes down next to the elevators. The existing fire exit door comes right out in the screening area. Anyone exiting through the building through the stairwell comes right out in the screening area. If an additional door is added, then the door at the security area could be used for a fire exit only and used only for emergencies. Commissioner Carper suggested that all proposed recommendations be cleared by the Fire Marshall before the renovations begin. The Sheriff is requesting that the door be reinstalled that empties into the lobby for the regular traffic access.

Judge Bloom brought to the Commissions attention that on all floors of the Judicial Building except for the 2nd and 3rd floors, there are emergency buttons on the doors of the back stairwell that can be punched to regain entrance into the building if stuck in the stairwell. This area can be used as an emergency exit if there is a fire. Commissioner Carper recommended that the additional emergency buttons be installed on the 2nd and 3rd floor. This will be treated as a necessary item, the Purchasing Department is to get prices for the installation of this equipment. Commissioner Hardy stated is this an oversight in the renovation. Judge Bloom stated that buttons were installed on all other floors during the construction and he does not know why they were not installed on the second or third floor. Commissioner Carper recommended that the County Manager follow up on this and determine if this was an oversight by the contractors. If it was left off by the contractors, the Commission will request that the contractors install the equipment at their expense.

The next recommendation made by Sheriff Rutherford was with regard to the monitors and communication equipment. We have an excellent communications and monitor center further back into the Judicial Building but it is not manned. There are currently no security personnel monitoring this equipment. The security personnel at the front security vestibule are having to watch the monitors, screen patrons and employees into the Building, listen to radio communications and answer the telephone. There are too many distractions for the security vestibule personnel to properly monitor the screens. The back security area is near the Family Law Judge area. The Sheriff stated that due to the lack of manpower this area is not properly manned. The Sheriff recommended that additional security personnel be hired to monitor the screens in the back security area during the week, Monday-Friday during normal court hours. This would allow for the front security vestibule personnel to properly monitor the screening of individuals entering the building. Sheriff Rutherford stated that to properly man the back security area, two additional security personnel will need to be hired. Sheriff Rutherford stated you usually have two or three at the front door.

Commissioner Carper noted that the Court Security Grant is due March 31, 2006. Commissioner Carper requested that the Grant Coordinator work with Judge Bloom, Sheriff Rutherford and Chief Rutherford to prepare the application. Commissioner Carper suggested that the items in the Security Recommendations memo be applied for in the grant. Commissioner Shores asked if Coal Severance funds could be used for the Judicial Building. Commissioner Hardy explained that 75% of the Coal Severance funds had to be used in coal producing areas and that the other 25% could be used in non-coal producing areas.

Commissioner Hardy asked Judge Bloom if the Judges allow the bailiffs to work in other areas of the Judicial Building when they are not conducting court. Judge Bloom explained that when he is not in Court, he allows his bailiff to assist in other areas of the building. Judge Bloom further stated that when he is not conducting Court he specifically sends his bailiff to the front security vestibule for assistance. Commissioner Hardy stated that he wanted that building to be secure as it could possibly be. A great deal of money was spent for the high tech equipment. Commissioner Carper stated that the Commission has added significant personnel to the Sheriffs Department that could have been used for the Security Vestibule or back security room. The addition of the Family Law Court has added additional judges and additional security needs to the Judicial Building. Commissioner Carper noted that the majority of the traffic is from Magistrate Court. Sheriff Rutherford noted that there are currently 21 Judges located within the Judicial Building. Commissioner Hardy stated we took the Prosecuting Office out of the building. We spent ten plus million dollars on the building, put the best security equipment in the building, built the security vestibule. Commissioner Hardy stated that prior to the renovations numerous individuals were entering the Judicial Building on a daily basis. The difference now is that ten million dollars worth of renovations were completed on the building and the best security equipment that the Commission could purchase was installed. Commissioner Hardy stated that he supports the recommendations, however it is tough decision to add additional personnel. Judge Bloom stated that he did not think that it was a new proposal to add additional security personnel. Commissioner Hardy stated he felt that Circuit Court should have a policy that when the bailiffs are not being used by their Judges, that they be disbursed around the building. Judge Bloom stated that he can only speak for himself and not all of the Judges. Judge Bloom stated that he believes that State Law allows each Circuit Judge to use their own discretion on how they use the bailiff that is assigned to their court. Commissioner Hardy stated that is true. Judge Bloom stated that it would be up to the Commission to discuss the issue with each Judge individually. Judge Bloom recommended that Commissioner Hardy discuss it with each of the Judges. Commissioner Hardy stated that it was his opinion that the bailiffs be used in other areas when court is not being conducted. Commissioner Hardy further stated that he thinks the Circuit Judges need to be mindful of the cost of the sworn bailiffs and that when their not being used in the court room they should be assigned to assist in anyway to securing the building as a whole. Judge Bloom stated as he has indicated previously the Judges are just. Commissioner Carper recommended that the Sheriff meet with the Judges and stress the concerns from the Commission and relay the request that the bailiffs be used elsewhere in the building during their free time. Judge Bloom requested that Commission Hardy speak with the Judges since it is his request. Commissioner Carper stated he or Commissioner Hardy could attend the next Judges meeting and make the request. Commissioner Hardy stated he knows what the law is with regards to the bailiffs. Judge Bloom invited Commissioner Hardy to speak with each Judge individually concerning the matter. Commissioner Hardy asked if Judge Bloom was speaking on behalf of all of the Judges. Judge Bloom stated that he is speaking solely for himself. Commissioner Hardy stated that correspondence that he has received from Judge Bloom on other matters has been from Judge Bloom as the Chief Judge. Judge Bloom reiterated that it was up to each Judge to decide what to do with their bailiff when Court is not in session and that he mandates that his bailiff be used at the security vestibule. Judge Bloom again suggested that Commissioner Hardy take the matter up with each individual Judge because it is their decision collectively not his decision as Chief Judge on how the other bailiffs are used in the building. Commissioner Hardy stated he only had an issue of when the bailiff is not being used by the Circuit Judge. Obviously, it is clear the Circuit Judge needs to have his bailiff. Commissioner Carper requested that Judge Bloom discuss this at the next Judges meeting and if needed one of the Commissioners could attend to discuss it.

Commissioner Carper stated that he continues to have concerns regarding the security in the Parking Building. Commissioner Carper stated that he did not see a request for additional cameras within the Parking Building in the Sheriffs memorandum. Commissioner Carper requested that moveable cameras be placed in the Parking Garage for a better monitoring of the activities. Judge Bloom reiterated that their are cameras within the Parking Garage but they are not properly monitored. Commissioner Hardy asked if during the day the bailiffs were able to physically monitor the Parking Garage on an occasional basis. Commissioner Hardy further asked if the Parking Garage system could afford to hire a civilian security employee to monitor the garage. Commissioner Carper explained that currently the County Commission was subsidizing the Parking Garage Budget. Commissioner Carper requested that the County Manager review the option of closing the Parking Garage and using an automated pass system for entry to the building. The County Manager is to check on liability issues with closing the garage. Commissioner Carper further stated that the money that is saved by closing down the Parking Garage could pay for two additional security personnel. Commissioner Hardy wanted to know if the garage had been paid off or if the County was still financing it. Commissioner Carper stated that the building was refinanced. Commissioner Hardy stated that he believed the most cost effective way to operate the parking garage was to secure it and restrict who parks within the building. The Commission decided to discuss the Parking Garage issue at a later date.

The next recommendation from Sheriff Rutherford is for tinted glass for safety in the screening area in the front of the security vestibule. At night with the lights on inside, individuals outside the building can see within the building, but security personnel cannot see individuals lurking outside the building. Sheriff Rutherford stated that they way to solve this issue would be to tint the windows. After further clarification by Sheriff Rutherford regarding the tinting, Commissioner Carper stated the tinting of the glass would be very cost effective.

An additional request would be for another panic alarm at the front security area. The alarm could trigger at the Sheriffs Department Headquarters for assistance. Commissioner Carper recommended that the Sheriffs Department look at also providing access to the alarm system to Metro 911 so that they may also monitor the duress calls and provide additional dispatch to the Judicial Building if needed. Sheriff Rutherford agreed to check into the connection with Metro 911. Judge Bloom again stated that it important that security personnel monitor the back security area to provide additional assistance during an emergency. Commissioner Carper stated that the current radio system allows the security personnel to communicate with the personnel located at the Sheriffs Department. Sheriff Rutherford clarified this statement and said that the radio does not communicate with the Sheriffs Department Office. Commissioner Shores asked for clarification of what occurs if there is an emergency within the Building at the current time. Judge Bloom stated in theory if an alarm is pulled somewhere in the building it is communicated to the front entrance and there are instructions on how to respond.

Sheriff Rutherfords next recommendation was to institute new written procedures for emergency situations within the Judicial Building. These written policies would provide information for the security personnel to follow during an emergency situation. Sheriff Rutherford stated that they may need assistance from a contractor in writing the policies. Commissioner Carper requested that the funds for the contractor be requested through the Court Security Grant.

The final request from Sheriff Rutherford is for non-lethal security. The non-lethal security could be placed on an ankle bracelet and use to control a prisoner within the building. Sheriff Rutherford further stated that the Judges would have to approve the non-lethal security prior to it being used. Commissioner Carper requested that the non-lethal security also be part of the Court Security Grant. Commissioner Carper requested that the Sheriff seek permission from the Judges before approving this recommendation.

Commissioner Shores requested that the Sheriff work with the Purchasing Department to receive cost estimates for each item within he recommendations. Commissioner Shores further requested that a prioritized list be put together. Commissioner Carper requested that Ms. Herrald coordinate a meeting for Judge Bloom, Commissioner Carper and Steve Canterbury regarding the Court Security Grant.

Commissioner Carper requested that the County Manager put together an action plan for the Security recommendations for the next Commission Meeting.

Update on traffic signals at the intersection of U.S. Route 60 and C.R. and Witcher Creek Road near Diamond, West Virginia

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Commissioner Carper noted that a letter was received by the Department of Highways during the afternoon. Ms. Herrald explained that the letter basically stated that the Department of Highways was not interested in installing the traffic signal at this time. Department of Highways reviewed the statistics and did not feel that the area meets the Federal guidelines for a traffic signal.

Mr. Pauley stated that he made a follow up phone call to Paul Maddox, author of the letter from the Department of Highways to get a clear answer from him because the letter was kind of vague. The County Manager reported that Mr. Mattox agreed to have his Traffic Engineer schedule a meeting with the Commission next week.

Commissioner Hardy asked if a study was attached to the conclusion. Mr. Pauley explained that the letter simply noted the studies but that the information was not attached.

Commissioner Carper noted that the letter stated that the Department of Highways would not install the Traffic Signal even if the Commission paid for it.

Commissioner Carper requested that Richard Milam assist with this project and attend the meeting with the Department of Highways. Commissioner Carper further requested that Robin Holstein, Witcher Creek resident attend the meeting as well.

Sheriff Rutherford stated he was familiar with the intersection because a couple of deputies were injured at that intersection in car wrecks. He further stated that he worked a double fatality at that intersection when he was a deputy.

Commissioner Carper indicated that he would speak to the Governor if a positive outcome did not occur after the meeting with the Department of Highways.

Discussion regarding release of previously approved budget allocation to Fund for the Arts

Commissioner Hardy

Mark Dempsey, Fund for the Arts

Commissioner Carper moved approval regarding release of previously approved budget allocation to Fund for the Arts. Commissioner Shores seconded. Motion carried. Commissioner Shores told Charlie Wire that we put you on our budget last year and we think it is our responsibility to fulfill that responsibility, but we want you to come to our budget hearings so we know what you are doing and we can coordinate those things with you. Commissioner Carper stated he had some concerns that he expressed previously, and if we are going to give funds to your group then perhaps maybe those need to be earmarked by us. If they are going somewhere anyway then we will know. Commissioner Carper has a continued concern about funding a group that it takes funds and then does a grant with someone else that we have no control over. We do have an obligation and too many governments do not follow upon it. We have been very careful of not using public funds and giving it to a group that uses those public funds in a way that we would not spend them. We would not fund a private company. Motion carried.

Discussion regarding request from Humane Association for additional $10,000 to be placed in their gasoline budget for this fiscal year

Commissioner Carper

Commissioner Carper asked Ms. Clark how much was their fuel allocation and how much over did it go? Ms. Clark stated we were allocated $7,000.00 for gasoline and tires. The Humane Association spent $1,000.00 for tires and oil already, so we are in the hole now. Commissioner Carper asked how much have you spent for gas. Ms. Clark stated we have spent right at $7,000.00. Commissioner Carper stated that line item has been depleted. What do you think it would take to carry you through the end of the year? Ms. Clark stated she is asking for $10,000.00. We have three vehicles. We will have to have tires again and their oil changed. Commissioner Shores moved approval regarding the request from Humane Association for an additional $10,000.00 to be placed in their gasoline budget for this fiscal year. Commissioner Hardy seconded. Motion carried.

Discussion regarding the VAWA Grant for the Prosecutors Office awarded through the City of Charleston

Commissioner Carper

The Honorable Bill Charnock, Prosecutor

Mr. Charnock stated it was his duty to advise that the Kanawha County Grand Jury has indicted 61 people and 18 of that number have been indicted for meth making felonies. In 12 months the Prosecutors Office has obtained felony meth making indictments against 105 people. Mr. Charnock presented the Commission with an annual report and he put in his annual report a recommendation for Commission action to allow him to fund his office with $24,000.00 more to take our Victim Advocate off the criminal justice services grant and have her as a full time employee without being reimbursed through a grant. The purpose of that request is he does not like using grants to fund personnel. Mr. Charnock thinks they are great for a one time purchase but does not like using them for full time employees. More importantly grants end and then you are stuck with this position. You have this person and the grant is gone and we have to terminate this position unless the Commission funds the position. There is no reason the grant is in trouble of being funded. Mr. Charnock does not want any grant funded positions in his office. Mr. Charnock respectfully requests an additional $20,000.00 to have a full time victim advocate in his office under the current arrangement 1/3 of her salary is from the Commission revenue and the other 2/3 is grant reimbursement. Mr. Charnock would just like to get her off the grant. Commissioner Shores stated he agrees with some of those grants. Commissioner Shores has been in a bad situation on a lot of personnel grants. Mr. Charnock stated he did not want to be in that position. The work that our victim advocate does is exemplary and he would like to have her full time. Commissioner Carper asked who is your victim advocate. Mr. Charnock stated it is Caroline Carte. She has been an employee of the Prosecuting Office for many years and currently under the Violence Against Women Act Grant. She is responsible for getting aid and assistance, referrals to victims of domestic violence. If Mr. Charnock could get her off the grant, she will still council domestic violence victims but also be able to assist other victims of crime, refer them to the Court of Claims for claims against the compensation fund and other victims. Commissioner Hardy asked what if the grant goes undrawn? Mr. Charnock stated he guessed what they would do is leave her on the grant and let the money be drawn down through the remainder of this fiscal year and not have her as part of the application for year 2007. Commissioner Carper stated would that not be appropriate to do that when we do our budget. Mr. Charnock stated it is a budgetary matter. Commissioner Carper stated we do not have to vote on this right now. Mr. Charnock stated it would be great if you did. Commissioner Hardy stated he shares Commissioner Shores feelings on these Federal Grants.

Commissioner Hardy stated that the Federal government is intelligent on how they do them and makes them irresistible to local government and has been in the ten years that he has been in public service. Commissioner Hardy stated you need the position but as long as the grant does not run out, why would we take her off the grant? Mr. Charnock stated he would rather she spend her time providing assistance to victims of crimes than filling out monthly reports, time sheets and doing the requirements that the grant requires. Commissioner Hardy stated some of those requirements are accountability requirements. Mr. Charnock stated arguably. Mr. Charnock would rather Ms. Carte spend her time doing her job then fulfilling administrative requirements. Commissioner Hardy asked what would happen if we do draw down the grant through another person or we just would not draw down the grant. Mr. Charnock stated we would not draw it at all. The grant would end for us but the money would be given back in a big pot which is available to all municipalities and local government across the state. Commissioner Hardy stated we are walking away from a grant opportunity. Mr. Charnock stated we are looking away and turning our back on free money, and he sees what you are saying but he takes the position that Kanawha County is really uniquely situated in that Kanawha County does not need grant assistance in the extent that the other 54 counties in the state do and by us not drawing it, you are leaving that money available for the other counties and political sub-divisions in the state.

Mr. Charnock does not think Kanawha County needs grants. At least his office does not. Commissioner Carper stated he has worked with this Commission for the last eight years and through hard work of this Commission we have literally brought millions of dollars in grants. Some grants are good and some are bad. Commissioner Carper asked if Mr. Charnock could you look at this in your budget? Mr. Charnock stated this is clearly a budgetary issue. Commissioner Carper stated it is a budgetary issue with him. Commissioner Hardy stated he understands the logic but as a Kanawha County Commissioner he thinks we have an obligation to try to maximize our grant opportunities. Commissioner Carper stated we will fight for every dollar. Commissioner Hardy remembers sitting on Charleston City Council under President Clintons administration and President Clinton said to put $100,000.00 more police officers on the street. Grants came but those grants ran out but we still voted to take them and put more police officers on the street.

Commissioner Carper stated if it is ok with you he expects we can work something out. Commissioner Shores asked can you do anything with the Day Report Center? Mr. Charnock stated assuming a person takes a plea, we do. Mr. Charnock does not think its appropriate that his position to recommend the Day Reporting Center in exchange for dismiss for reducing the charge. If they want to plead guilty, we will not oppose. Commissioner Shores asked do you make recommendations for them? Mr. Charnock stated to be honest my office tries to stay away from making recommendations. Commissioner Carper stated you make recommendations for people for probation. Mr. Charnock stated they try to stay away from that. Commissioner Carper stated it is a tool you all should consider using more often.

Ms. Herrald asked if the City of Charleston still going to submit the 2006-2007 application or are you? Mr. Charnock stated the City of Charleston will submit it and whether or not it includes the request for the Kanawha County portion, he does not know. Commissioner Carper asked if they would administer this and they handle this as their liaison would that help or you just do not want to handle this at all. Mr. Charnock stated he just does not want to deal with it at all.

Update regarding the Kellys Creek Communities Association Brownfield Grant

Commissioner Carper

Terry Martin, Regional Intergovernmental Council

Commissioner Carper stated he has cautioned this group of losing $90,000.00. Mr. Martin stated we are getting ready to finalize the water quality initially with Kelly and Ward. That gives us the information to bring back the Kellys Creek to a quality situation. We have had some set back as far as with going to get a refuse study for the Arch Coal. With the previous Arch Coal and Ward Estate. Commissioner Carper stated the Commission asked you to come in and help. You are the facilitator for the group. Commissioner Carper asked if any members of the group here? Mr. Martin stated no. Commissioner Carper asked when will the Grant run out. Mr. Martin stated the 31st of March, 2006. Commissioner Hardy stated the meeting the other night did not go very well and he was disappointed at hearing that and he thinks we are going to place some influence there. Sounds like the purpose of the meeting really did not occur. Commissioner Hardy asked Ms. Herrald what happened up there at the meeting? Ms. Herrald stated part of the meeting did occur but they did not get around to discussing the grant. Commissioner Carper stated they were attacking the first lady. Commissioner Hardy stated it turned into a discussion of matters unrelated to the Brownfield Grant. Ms. Herrald stated it was their Communities Association Meeting so they had several things on the agenda but they did not discuss the Brownfield Grant.

Commissioner Hardy stated the Commission is really concerned. The Commission has given them a lot of rope and Commissioner Hardy is concerned that they are going to miss their deadline. Commissioner Hardy asked what can we do to expedite that? Commissioner Carper stated he got into this before. Commissioner Hardy stated we have given them the benefit of the doubt and tried to work with them. Mr. Martin stated if you remember they were working with Larry Emerson of Arch Coal and working with them through the transition where Arch Coal and Ark Light were forming a new company, Mamouth Coal Company with Arch Coal being a 35% interest in this when it comes out at the end of the day on the 31st of December, 2005, Ark Light bought out Arch Coal. Arch Coal has no interest in the Ward Estate or that property. They are a new company that has been formed and does not have an office in Charleston and has been putting together their management staff. Mr. Martin is working with Mr. Emerson to see if he could get a meeting set up with the owners of Mamouth to see if we can get a right of entry for a refuse study. Arch Coal did not want to discuss anything.

Commissioner Carper asked when will you be coming in and asking for us to extend the grant again? Mr. Martin stated he is going to recommend if they cannot make some determination by your 2nd meeting in February that they do not ask for the extension of the grant. Commissioner Carper stated that is not their call. Mr. Martin stated yes. Commissioner Carper stated we need to send a letter expressing our concerns and if they are not able to put it together, where do they stand on it and let us know if there is something they think we should do. Commissioner Hardy asked that this be placed on the agenda for the 16th of February, 2006 and have the group come in.

Discussion regarding 2006-2007 Synfuel distribution

Commissioner Carper

Brent Pauley, County Manager

Susan Blake, Planning Director

Ms. Blake stated the funding scenario will be the same as last year $333,333.00. Commissioner Carper asked for the date we have to submit. Ms. Blake stated the middle of February. They have not given us the dead line but typically it is the middle of February. Commissioner Hardy moved to move $30,000 of the $40,000 for the FestivAll's Funds to Yeager Airport. Commissioner Carper asked for what purpose? Commissioner Hardy stated he does not think it is a good allocation of synfuel to put more money in FestivAlls Funds than we are putting in Yeager Airport. Commissioner Carper stated he certainly agrees with that. The idea of FestivAlls Funds is to give them a one time kick off. Commissioner Carper thinks that on this end of the bench we share your support of Yeager Airport. Commissioner Hardy moved to amend his motion to delete FestivAlls Funds and put all $40,000.00 into Yeager Airport out of Synfuel. Commissioner Shores seconded. Ms. Blake stated Synfuel has to be used for economic development. Commissioner Carper stated Yeager Airport is building a hanger and putting jobs up there. Motion carried.

Commissioner Carper stated we can submit it now. Give me the list. Ms. Blake stated $133,000 to the Ball Park, $125,000 Clay Center and $35,333 to Yeager Airport. Commissioner Hardy stated he is moving that we add $40,000 more to Yeager Airport, which would be $75,333 now. Commissioner Carper stated this money is a grant that this Commission worked with Mr. Keener when he was in the House of Delegates and these funds come in from synfuel money from coal and its money we use for these items. That is how we funded the Ball Park and Clay Center for our pledge which takes a lot of pressure off our general line item dollars. Motion carried. Commissioner Carper stated we will go ahead and submit our Synfuel application and let us remember not to take it for granted. Every year we have gone up there and fought for it.

Discussion regarding approval of the Demolition of Substandard Structures Contract to Pepper Electric Enterprise for the Small Cities Block Grant Demolition Program

Commissioner Carper

Jerie Whitehead, Purchasing Director

Terry Sayre, Deputy Director of Planning

Mr. Sayre stated the Contractors Grant was rebid for the fourth time and we have a successful bidder this time. Commissioner Carper asked how many houses have we torn down in the last year? Mr. Sayre stated about 120 houses. Commissioner Carper asked how many did we tear down five years ago? Mr. Sayre stated he does not know. Commissioner Carper stated zero. Commissioner Carper commended the Planning Department for a tremendous job. Commissioner Carper stated we had to go to the Legislature to get the law so we could tear down houses. We got the law to do it but did not have the funding. We got sued a couple of times, learned how to do it better. It has made a difference. Ms. Herrald stated we are not ready for the contract to be signed as we are waiting for some additional information. The Commission could approve the acceptance of the bid and allow the President to sign the contract when everything is ready and then ratify the same at the next Commission meeting. Commissioner Shores moved approval the acceptance of the bid and to allow the President to sign the contract when everything is ready and ratify at the next Commission meeting. Commissioner Shores wants to make sure the contractor has insurance. Commissioner Carper seconded with the proviso that it be approved by the County Attorney, County Manager and Purchasing Director and if anyone thinks it is not what we bid out, let the Commission know. We will have staff approve the contract for demolition because we have already bid out. Motion carried.

Update with regard to the hiring of Emergency Services Director, who will act as the Kanawha County Commissions representative to the Metro Emergency Management Agency (MEMA) to include, but not be limited to, status of Committee to review applications

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Brent Pauley, County Manager

David Fontalbert, Deputy County Manager/Comptroller

Commissioner Carper stated this is just an update. Mr. Pauley stated the committee met and narrowed the field down to five applicants that they desired to interview. When those five contacted, one notified us that he has withdrawn his application. We are down to four and we will be interviewing the candidates tomorrow morning. Commissioner Carper asked what do we do next? Mr. Pauley stated they would finish interviews and make a recommendation to the Commission to interview on February 2, 2006. Commissioner Hardy asked how many total resumes did you have? Mr. Pauley stated 29.

Update regarding the Fire Suppression Project

Commissioner Carper

Commissioner Shores

Commissioner Hardy

Jerie Whitehead, Purchasing Director

Ms. Whitehead stated we open bids on the first floor of the mezzanine in the County Clerks Office on February 9, 2006. Commissioner Carper stated by the 16th agenda we will know the amount. Mr. Fontalbert and Mr. Pauley are to analyze if there are funds available and the possibility to see if we have money to pay for it and prioritize it. Commissioner Carper asked for Ms. Herrald to see if we could apply some of this to a Grant. Remind everyone we still have a Court Room in this building and that is one reason that applies because of Court Room #4.

Discussion regarding the request from the Parks and Recreation Park Police to use the remainder of their allocated funds for the 2004-2005 Public Safety Grant Committee Funds for Bullet Proof Vests

Commissioner Carper

Jerie Whitehead, Purchasing Director

Jennifer Herrald, Grant Coordinator/Executive Assistant

to the County Manager

Ms. Herrald stated Parks and Recreation was granted $20,000.00 for MDTs from Public Safety Grant Committee. The price of the MDTs was less than originally thought. There is a small amount of money remaining and Parks would like to use that for bullet proof vests. Commissioner Carper asked do you know how much. Ms. Herrald stated less than $5,000.00. Commissioner Hardy asked do you think they would actually wear them? Mr. Pauley stated he asked the same question and found out they do assist in off site events such as the Capitol with other Law Enforcements throughout the County. When they are out in that environment they have a greater need than at the Parks and Recreation. Commissioner Hardy stated he could not imagine them wearing them at Coonskin at 2:00 p.m. on Sunday but he can imagine wearing them at night. Mr. Pauley stated that is when they are called out. Commissioner Shores stated the Pettigrew property is a bad location. Commissioner Hardy stated he was thinking of Coonskin but they do have other properties they take care of. Commissioner Hardy moved approval regarding the request from the Parks and Recreation Park Police to use the remainder of their allocated funds for the 2004-2005 Public Safety Grant Committee Funds for Bullet Proof Vests. Commissioner Shores seconded. Commissioner Carper stated we expect them to be used and not hanging in a closet. Motion carried.

Presentation and donation of 1996 Ford Van from Union Carbide Corporation Dow Chemical to Day Report Center

Commissioner Carper

The Honorable Mike Rutherford, Sheriff

Dave Farmer, Director, Day Report Center

Representative(s) from Dow Chemical

This item was not discussed and it will be placed on a future agenda.

PUBLIC COMMENT

None

COUNTY MANAGERS REPORT

None

COUNTY ATTORNEYS REPORT

None

COMMISSIONERS REPORT/AGENDA SETTING

None

STAFF REPORTS

None

FIDUCIARY

Status update regarding Commissioners Ruling, Estate of Retha Imogene Higginbotham

Order Confirming and Ratifying Supervisors Report of Claims and Settlement Reports

Order Confirming and Ratifying Supervisors Report of Claims and Short Settlement Reports

Objections and Exceptions

Order Revoking Administratrix, c.t.a - Appoint Administrator, c.t.a., d.b.n., Estate of Girlden Cleo Bowe

Order Revoking Administrator Appoint Administrator, d.b.n., Estate of Dickie W. Bowe

Order Revoking Administratrix, - Appoint Administrator, d.b.n., Estate of Jackie R. Bowe

Order, Estate of Christopher P. Bastien

Recommendation and Order, Estate of Pete Romeo

Recommendation and Order, Estate of Leo Fuentes

Order, Estate of Nathaniel Youngblood

Order Referring to a Fiduciary Commissioner, Estate of Elizabeth Payne Lupardus, a/k/a Sarah Elizabeth P. Lupardus (O. Gay Elmore, Fiduciary Commissioner)

Commissioner Carper stated although he is present there are number of matters you pulled because either myself or my Law Firm is representing someone and Commissioner Carper will not be participating in them. Commissioner Carper did not participating in the Estate of Gordon Cleo Bowe, Jackie Bowe and the Estate of Christopher P. Bastien but for forum purposes he remained present. Commissioner Shores approved of the above Fiduciary Orders. Commissioner Hardy seconded. Motion carried. Commissioner Carper asked Mr. Layne if he had any objection in the one matter and inquired if he had read the Order in the Bastien Estate? Mr. Layne stated Bill Chambers has been appointed as Administrator and he had no objection.

PURCHASE ORDERS

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

Electronic Communications of WV, Inc.

Public Safety

$7,702.95

$4,153.00, installed voter at Malden & receiver at Bee Mountain; $3,549.95, installed voter receiver at Cedar Grove

IT Solutions Associates, Inc.

Prosecuting Atty.

$13,000.00

Contractual work for computer services for remainder of 2005-2006

Electronic Specialty

Sheriffs Tax

$33,499.00

Video security system for Tax Division per bid specifications with alternate #1

Elite Woodcrafters, Inc., d/b/a Cole CAD

County Clerk Elections

$14,416.00

4 cabinets @ $3,604.00, pressed particle board with victoria mahogany laminate

Summit Electric, Inc.

Maintenance

$8,517.00

Install additional lighting in Circuit Courtrooms per agreement approved by Commission 12/1/05

John P. Slappe Painting Contractor

Maintenance

$8,400.00

Painting front stairway walls with two coats of deflex semi-gloss, painting handrails, stairs and steel risers to match existing paint concrete floor with two coasts of porch and deck enamel

St. Paul Travelers

Commission

$236,485.97

Insurance premium for policy GP06301643, commercial insurance, policy period 7/1/05 through 7/1/06

Goldman & Associates, Inc.

Planning

$5,500.00

Residential appraisals

Waste Management of West Virginia, Inc.

Planning

$11,823.37

$10,316.46, tipping and recycle fees for Sissonville Cleanup; $1,506.91, multiple invoices for sub area planning roll-offs for the month of November 2005

Charleston Newspapers

Sheriffs Tax

$15,559.00

2004 Sheriffs Tax Sale from November 2005

Prestera Center for Mental Health

Commission

$7,500.00

$3,333.33, mental health and PI services, December 2005; $4,166.67, involuntary emergency medical commitments, December 2005

Federal Signal Corporation

Sheriffs LED

$7,964.73

27 stinger spike systems @ $294.99, State contract

Dohm Cycles

Parks

$9,410.52

Kawasaki Mule for Parks Police per Public Safety Grant Letter of Intent

Universal Electric

Maintenance

$34,631.36

$25,130.14, install Courthouse generator running conduct, and wire from LED to basement; $4,501.22, install conduit and wire from Assessor & Sheriff Tax 2nd floor to basement; $5,000.00, as-built drawings for Courthouse 1st floor and bookkeeping CAD Drafting Services

Handley Volunteer Fire Department

Handley VFD

$7,761.79

Reimburse fire truck payment for Handley VFD per Letter of Intent

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 2005-2006 Budget Revision (Stephens Auto Center, $87,698.00; 2006 Crown Victor Police Interceptors for Glasgow, Belle, Cedar Grove, and Chesapeake Police Departments per Coal Severance Funding Recommendations approved by the Kanawha County Commission 1/5/06)

Jerie Whitehead, Purchasing Director

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

ORDERS

Order Confirming and Approving Cash Disbursements to be made by the Clerk of the Kanawha County Commission for the General Fund (documentation available for inspection at the County Clerks 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 Clerks Office)

The Honorable Vera J. McCormick, County Clerk

Order Confirming and Approving Orders Entered by the Clerk of the County Commission of Kanawha County, West Virginia (Probate Order Report 12/1/05 through 12/31/05)

The Honorable Vera J. McCormick, County Clerk

Order Requiring the Clerk of the County Commission to Post all Budget Revisions, subject to appropriate approval(s), within one (1) Business Day following acknowledged receipt by the Clerks Office

Brent Pauley, County Manager

David Fontalbert, Deputy County Manager/Comptroller

Order Requiring the Clerk of the County Commission to Reconcile all Accounting Trial Balance Differences on a Monthly Basis, and to Provide said Reconciliations to the Commission no later than ten (10) Business Days following the End of the Previous Month

Brent Pauley, County Manager

David Fontalbert, Deputy County Manager/Comptroller

Order Requiring the Clerk of the County Commission to Produce Financial Statements for All FUNDS (Statements of Net Assets and Activities) and Internally Publish said Statements to be included on the first Commission Meeting Agenda following One Calendar Month after Period Ending; that is, Statements are Required to be Prepared for Internal Publication (Management Use Only) for the first Commission Meeting in a given Month, One Month in Arrears

Brent Pauley, County Manager

David Fontalbert, Deputy County Manager/Comptroller

The above Order should read as the following:

Order Requiring the Clerk of the County Commission to Produce Financial Statements for ALL FUNDS (Standard Balance Sheets and Income Statements) and Internally Publish said Statements to be included on the first Commission Meeting Agenda following One Calendar Month after Period Ending; that is, Statements are Required to be Prepared for Internal Publication (Management Use Only) for the first Commission Meeting in a given Month, One Month in Arrears

Order approving overtime for Kanawha County Commission employees for pay period ending January 31, 2006, for hours worked in the pay period of December 25, 2005, through January 7, 2006

Brent Pauley, County Manager

Kim Fleck, County Clerks Office, Accounting Department

PAY PERIOD 12/25/2005 - 01/07/2006

NAME

OT STRAIGHT

AMOUNT

OT TIME/HALF

AMOUNT

TOTAL

McCray, Dottie

0.88

$19.46

0.00

$0.00

$19.46

Dunn, Susan

2.21

$47.76

0.00

$0.00

$47.76

Morrison, Rachelle

3.48

$75.20

0.00

$0.00

$75.20

Harrison, Blanche

0.62

$6.96

0.00

$0.00

$6.96

Melton, Joe

9.67

$127.21

0.00

$0.00

$127.21

Estep, Bill

2.92

$34.75

0.00

$0.00

$34.75

Lewis, BJ

3.94

$48.25

0.00

$0.00

$48.25

Lilly, Mindy

0.45

$7.52

0.00

$0.00

$7.52

Lanham, Shellie

3.03

$44.01

0.00

$0.00

$44.01

McDonnell, Larry

3.21

$38.50

0.00

$0.00

$38.50

TOTAL

30.41

$449.62

0.00

$0.00

$449.62

Salary Increase Stephanie Murnahan, Commission (Temporary Part-Time Status) from $9.50 per hour to $10.00 per hour (retroactive to January 1, 2006)

Brent Pauley, County Manager

Authorization for the President of the County Commission to sign bond presented for transfer of previously canceled bonds (Bond No. R-361)

Marc Slotnick, County Attorney

Order ratifying the transfer of 1998 Ford Crown Victoria (VIN No. 2FAFP71W9WX146317) to the City of Montgomery on January 10, 2006

Jerie Whitehead, Purchasing Director

Order authorizing the President of the Kanawha County Commission to sign sixteen (16) Certificates of Title to the herein listed vehicles

Jerie Whitehead, Purchasing Director

Order authorizing the President of the Kanawha County Commission to sign Duplicate Certificates of Title transferring surplus vehicles to the Kanawha County Parks & Recreation Commission

Jerie Whitehead, Purchasing Director

Order authorizing the Clerk of the County Commission to issue a check in the amount of Ten Thousand Dollars ($10,000.00) from Line Item #002-439.00-800-5-68.00 (Coal Severance Developing Projects) to the Belle Fire Department per Commission Approval at the December 15, 2005 Commission Meeting

Brent Pauley, County Manager

Order authorizing the President of the Kanawha County Commission to sign Customer Name Addendum with Dolphin Capital for the Kanawha Prosecutors Office (original Lease signed 9/22/05; Order No. 2005-528)

Marc Slotnick, County Attorney

Order requiring the Clerk of the County Commission to void Check Number 167585 dated June 29, 2005, in the amount of $