4-30-09 2009-235 Order Confirming and Approving Orders in Excess of $4,999.99 to Be Issued

4-30-09 2009-235 Order Confirming and Approving Orders in Excess of $4,999.99 to be issued by the Kanawha County Commission Purchasing Department 4-30-09 2009-236 Order Confirming and Approving Cash Disbursements to be made by the Clerk of the Kanawha County Commission-General Fund

4-30-09 2009-237 Order Confirming and Approving Cash Disbursements to be made by the Clerk of the Kanawha County Commission-Special Fund

4-30-09 2009-238 Resolution - F.Y. 2008-2009 Coal Severance Fund Budget Revision #4

4-30-09 2009-239 Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor (Decrease: $24,727.36)

4-30-09 2009-240 Applications for Apportionment of Personal Property Taxes Pursuant to Final Divorce Orders in Accordance with Chapter 11, Article 5, Section 14, of the Code of West Virginia

4-30-09 2009-241 New Employee, Rebecca Dawn Metzger, Sheriff’s Department, Day Report Center, Drug Court Counselor, $32,500.00, new position, effective May 15, 2009)

4-30-09 2009-242 New Employee, Kim Fleck, Commission Office, Administrative Assistant, $47,000.00, permanent employment replacing Susan Dunn, effective May 1, 2009

4-30-09 2009-243 Authorization for the President of the Kanawha County Commission to sign a Certificate of Title transferring a 2005 Ford Crown Victoria Police Interceptor to Travelers Insurance (VIN 2FAHP71W05X176989)

4-30-09 2009-244 Order authorizing the President of the Kanawha County Commission to execute Training Work Order with Harris Software

4-30-09 2009-245 Order authorizing the Clerk of the County Commission to issue a supplemental check from the General County Fund (#001-809.0-5- 68.00) in the amount of Forty-Four Thousand, Three Hundred Fifty- Eight Dollars and Forty-Eight Cents ($44,358.48) for Invoice No. 13 to Mountain Haus Properties, Inc., representing payment for continuing work on the Upper Fishers Branch/Guthrie Water Line Extension Project

4-30-09 2009-246 Order authorizing and approving the Manual Journal Entries as set forth in 4/21/2009 Memorandum from Kim Lutz, Director of Accounting

4-30-09 2009-247 Order approving overtime for Kanawha County Commission employees for pay period ending May 15, 2009, for hours worked in the pay period of April 13, 2009, through April 19, 2009

4-30-09 2009-248 Order authorizing the President of the Kanawha County Commission to sign Contract and Agreement with Kanawha-

Minutes - Commission Meeting of April 9, 2009 Page 1 of 9 Charleston Health Department ($290,000.00, payable in 11 monthly installments of $24,166.67, and one installment of $24,166.63)

4-30-09 2009-249 Derricks Creek Water Line Extension Project Request for Drawdown of Invoice No. 1 for Engineering Services by West Virginia American Water in the amount of Sixty Seven Thousand, Three Hundred Forty Eight Dollars and Sixty Four Cents ($67,348.64) from the US Army Corps of Engineers

4-30-09 2009-250 Demolition Order – In the matter of property owned by Lexie E. Neal, Tax Map 7, Parcel 21.2, Malden District

4-30-09 2009-251 Demolition Order – In the matter of property owned by Kelly E. Wolfe, Tax Map 30C, Parcel 12.3, Union District

4-30-09 2009-252 Resolution Honoring Chief David Wesley Thomas for his life and legacy as a firefighter for 35 years and as Chief of the Montgomery Fire Department for 15 years

4-30-09 2009-253 Proclamation – Community Educational Outreach Service Week May 17-23, 2009, in conjunction with the West Virginia Community Educational Outreach Service (CEOS)

4-30-09 2009-254 Proclamation – 2009 Prostate Cancer Awareness Day, May 1, 2009

4-30-09 2009-255 Order – Supplementals (as set forth below and listed on the 4/30/09)

Minutes approved/processed at the 4/30/09 Commission Meeting : Approval of Commission Meeting Minutes of April 9, 2009 Approval of Commission Meeting Minutes of April 21, 2009

Resolutions/Proclamations approved/processed at 4/30/09 Commission Meeting: Resolution Honoring Chief David Wesley Thomas for his life and legacy as a firefighter for 35 years and as Chief of the Montgomery Fire Department for 15 years

Proclamation – Community Educational Outreach Service Week May 17-23, 2009, in conjunction with the West Virginia Community Educational Outreach Service (CEOS)

Proclamation – 2009 Prostate Cancer Awareness Day, May 1, 2009

New Employees approved/processed at 4/30/09 Commission Meeting: New Employee, Rebecca Dawn Metzger, Sheriff’s Department, Day Report Center, Drug Court Counselor, $32,500.00, new position, effective May 15, 2009)

New Employee, Kim Fleck, Commission Office, Administrative Assistant, $47,000.00, permanent employment replacing Susan Dunn, effective May 1, 2009

Letters of Intent approved/processed at 4/30/09 Commission Meeting : West Side VFD, $25,000.00 (Five MSA self-contained breathing apparatuses, Public Safety Grant Fund)

Clendenin Police Department, $4,850.00 (vehicle equipment for 2009 Chevrolet Impala 9C1 Police Cruise, Public Safety Grant Fund r)

Minutes - Commission Meeting of April 9, 2009 Page 2 of 9 Clendenin VFD, $15,000.00 (ten sets of personal protective equipment, Public Safety Grant Fund)

Metro 911, $20,000.00 (addressing and mapping for Eastern Kanawha County Municipalities, Public Safety Grant Fund)

Metro 911, $33,000.00 (KENT Notification System, Public Safety Grant Fund)

Dunbar Police Department, $7,982.00 (ten Kenwood TK7180 VHF radios and three Golden Eagle II antenna with tuning forks, Public Safety Grant Fund)

Life Safe, $5,000.00 (program expenses, Public Safety Grant Fund)

Kanawha County Sheriff’s Department, $15,000.00 (Operation Graduation Prom Alive, Public Safety Grant Fund)

Tornado VFD, $3,800.00 (purchase air bag safety system, glass rescue cutter, and air bag lifting system, Public Safety Grant Fund)

SMP&G VFD, $25,000.00 (carry-over funds from FY 07-08 for the Loftis Substation Sewer Project, to be expended by December 30, 2009, Public Safety Grant Fund)

Kanawha County Office of Emergency Management, $4,000.00 (purchase traffic safety vests for Kanawha County Fire and Police Departments, Public Safety Grant Fund)

Kanawha County Solid Waste Authority, $75,000.00 (quarterly contribution beginning September 1, 2009, to subsidize the recycling program for a total of 12 calendar months, which began June 1, 2009, contingent upon the facility attempting to contact mandated stakeholders for financial support, General Fund)

Kanawha County Solid Waste Authority, $25,000.00 (quarterly contribution beginning June 1, 2009, to subsidize the recycling program for a total of 12 calendar months contingent upon the facility attempting to contact mandated stakeholders for financial support, General Fund)

Town of Pratt, $16,000.00 (contribution for attorney and accountant fees to facilitate O&M only for Pratt and Chelyan Merger contingent upon County Attorney’s approval of hourly rates)

Town of East Bank, $25,000.00 (grant match for water tank, Coal Severance Funds)

Budget Revisions approved/processed at 4/30/09 Commission Meeting: 1. F.Y. 2008-2009 GENERAL FUND LINE ITEM BUDGET REVISION 2. F.Y. 2008-2009 SPECIAL HEALTH FUND LINE ITEM BUDGET REVISION 3. F.Y. 2008-2009 PUBLIC SAFETY GRANT FUND LINE ITEM BUDGET REVISION 4. F.Y. 2008-2009 COAL SEVERANCE FUND BUDGET REVISION #4 5. F.Y. 2008-2009 FEDERAL GRANT DRUG COURT LINE ITEM BUDGET REVISION

Supplementals/Check Register approved/processed at 4/30/09 Commission Meeting (as set forth in Order 2009-255: Supplemental voucher, Mountain Haus Properties, Inc., $44,358.48 (continuing work on Upper Fishers Branch/Guthrie Water Line Extension Project)

Pledge of Allegiance Commission President Kent Carper

Moment of Silence and Recognition

Minutes - Commission Meeting of April 9, 2009 Page 3 of 9 APPROVAL OF COMMISSION MEETING MINUTES

Approval of Commission Meeting Minutes of April 9, 2009 +Commissioner moved for approval of the April 9, 2009 Commission Meeting Minutes. Commissioner seconded. Motion carried.

Approval of Commission Meeting Minutes of April 21, 2009 +Commissioner moved for approval of the April 21, 2009 Commission Meeting Minutes. Commissioner seconded. Motion carried.

SPECIAL COMMENDATION

Special Commendation presentation to Cpl. M. A. Huddleston, Kanawha County Sheriff’s Department The Honorable Michael Y. Rutherford, Sheriff Chief Deputy John D. Rutherford

RESOLUTIONS/PROCLAMATIONS

Resolution Honoring Chief David Wesley Thomas for his life and legacy as a firefighter for 35 years and as Chief of the Montgomery Fire Department for 15 years Commission President Kent Carper

Proclamation – Community Educational Outreach Service Week May 17-23, 2009, in conjunction with the West Virginia Community Educational Outreach Service (CEOS) Commission President Kent Carper Anna Boggs, President, Kanawha County CEOS

Proclamation – 2009 Prostate Cancer Awareness Day, May 1, 2009 Commission President Kent Carper Commissioner Henry C. Shores Commissioner Dave Hardy Commissioner Carper moved to approve the 2009 NEW EMPLOYEES

Sheriff’s Department

Rebecca Dawn Metzger, Day Report Center, Drug Court Counselor, $32,500.00, new position, effective May 15, 2009 The Honorable Michael Y. Rutherford Commissioner Carper moved to approve new employee Rebecca Dawn Metzger. Commissioner Shores seconded. Motion carried.

Commission Office

Kim Fleck, Administrative Assistant, $47,000.00, permanent employment replacing Susan Dunn, effective May 1, 2009 Brent Pauley, County Manager Commissioner Hardy moved to approve new employee Kim Fleck. Commissioner Carper seconded. Motion carried.

AGENDA ITEMS

Minutes - Commission Meeting of April 9, 2009 Page 4 of 9 Update relating to the April 21, 2009, Congressional Committee on Energy and Commerce Subcommittee on Oversight and Investigations (“Secrecy in the Response to Bayer’s Fatal Chemical Plant Explosion”) held in Washington, D.C., and the Public Hearing of April 23, 2009, conducted by the U.S. Chemical Safety and Hazard Investigation Board at WVU State College relating to the Bayer CropScience August 28, 2008, explosion Commission President Kent Carper

Discussion regarding possibility of tracking government spending via website to allow "transparency at the touch of a button" Commission President Kent Carper Commissioner Henry C. Shores Commissioner Dave Hardy Jennifer Sayre, Deputy County Manager/Grant Director

Introduction of New Health Director and discussion to include, but not be limited to, update on the Swine Flu Commission President Kent Carper Commissioner Henry C. Shores Commissioner Dave Hardy Rahul Gupta, M.D., MPH, Health Officer and Director, Kanawha- Charleston Health Department Brenda Isaac, RN, President, Kanawha-Charleston Health Board

Discussion regarding the County’s Property & Liability insurance renewal policy in the approximate amount of $750,000.00 including, but not limited to, re-bidding the s0ame Commission President Kent Carper Commissioner Henry C. Shores Commissioner Dave Hardy Brent Pauley, County Manager Marc Slotnick, County Attorney

Discussion regarding Solid Waste Authority Commission President Kent Carper Norm Steenstra, Director, Kanawha County Solid Waste Authority Terry Sayre, President, Kanawha County Solid Waste Authority Board Greg Sayre

Discussion and approval of Sheriff’s Annual Commission for Collections in accordance with W. Va. Code § 11A-1-17 Commission President Kent Carper The Honorable Michael Y. Rutherford, Sheriff Allen Bleigh, Chief Tax Deputy Commissioner Carper moved for approval of Sheriff’s Annual Commission for Collections in accordance with W. Va. Code § 11A-1-17. Commissioner Hardy seconded. Motion carried.

Discussion regarding Ambulance, Bus and Emergency Services Levy to include, but not be limited to, placing the same on the May, 2010, Ballot Commission President Kent Carper Commissioner Henry C. Shores Commissioner Dave Hardy Joe Lynch, Director, KCEAA Denny Dawson, General Manager, KRT

Commission Meeting dates through June, 2009

Minutes - Commission Meeting of April 9, 2009 Page 5 of 9 Commission President Kent Carper

Date Time

Tuesday, May 12, 2009 8:30 a.m. Thursday, May 28, 2009 5:00 p.m. Thursday, June 11, 2009 5:00 p.m. Thursday, June 18, 2009 5:00 p.m.

Funding request from the Lower Paint Creek Watershed in the amount of $2,000.00 for routine maintenance, upkeep of watershed Commission President Kent Carper Mim Campbell, President, Lower Paint Creek Watershed Commissioner moved to approve the Lower Paint Creek Watershed funding request. Commissioner seconded. Motion carried.

PUBLIC COMMENT

COUNTY MANAGER’S REPORT

DEPUTY COUNTY MANAGER’S REPORT

CHIEF FISCAL OFFICER’S REPORT

COUNTY ATTORNEY’S REPORT

STAFF REPORTS

NEW BUSINESS

FIDUCIARY

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

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

Order Referring to a Fiduciary Commissioner, Estate of Helena Frances Edens (O. Gay Elmore, Fiduciary Commissioner)

Order Declaring Re-Opened Estate Closed, Estate of Dolores Evelyn Perry

Order Declaring Re-Opened Estate Closed, Estate of Robert Wilson Coon, a/k/a Robert Coon

Order Declaring Re-Opened Estate Closed, Estate of Sean Walker

Order Declaring Re-Opened Estate Closed, Estate of Robert L. Tinsley

Recommended Order of Fiduciary Commissioner, Estate of Ronald Earl Foutt (Troy N. Giatras, Fiduciary Commissioner)

Recommended Order of Fiduciary Commissioner, Estate of Delores Anne Hughart (Troy N. Giatras, Fiduciary Commissioner)

Minutes - Commission Meeting of April 9, 2009 Page 6 of 9 Final Order, Estate and Will of Lillian Ward

Order Admitting Estate to Probate, Estate of Edward Edwin Knapp

Order Admitting Will to Probate, Estate of Elisabeth Ann Stone Commissioner Hardy moved to approve all Fiduciary Orders. Commissioner Shores seconded. Motion carried.

PURCHASE ORDERS

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

Vendor Department Amount Comments/Description

Kanawha-Charleston Humane KC Humane $7,933.01 $2,170.95, Columbus Serum; $798.89, Jan Pak Huntington and General Sales Company; $4,963.17, Waste Management, WV American Water, and Mountaineer Gas Pitney Bowes Sheriff’s Tax $13,794.28 2 Pitney Bowes DI950 folder/inserter, lease payment for second half of 2008-2009 Pitney Bowes Assessor $48,300.00 Postage meter for Personal Property Returns and Business Returns, June Mailings Dell Marketing LP/Dell USA Day Reporting $10,781.89 $4,148.34, 2 Dell 5100 MP DLP projectors; $3,888.00, 2 Latitude E6500 Intel Core Duo T9800; $2,745.55, 5 Vosto 220 mini towers Waste Management Planning $7,513.90 Tipping fees for Southridge and Elkview Spring 2009 cleanup St. Paul Travelers Commission $5,204.15 Claim No. CAT9015; DOL: 9/17/07 St. Paul Travelers Commission $13,543.85 $145.00, Claim No. ZB11105, DOL: 4/4/03; $496.50, Claim No. ABF0235, DOL: 7/12/06; $11,632.35, Claim No. CAT4573, DOL: 6/11/07; $1,270.00, Claim No. FZP0699, DOL: 10/15/08 Prestera Center for Mental Health Mental Hygiene $10,000.00 $5,000.00, PI services, March 2009; $5,000.00, involuntary emergency medical commitments, March 2009 Brewer & Company of WV, Inc. Maintenance $100,000.00 Design, furnish and install sprinkler protection system per Courthouse Improvement Grant Brewer & Company of WV, Inc. Maintenance $15,000.00 Design, furnish and install sprinkler protection system per Courthouse Improvement Grant (basement sprinkler system) Gibbons & Kawash, CPA’s Commission $6,800.00 Final bill for professional services rendered in connection with audit for year ending 6/30/09

Minutes - Commission Meeting of April 9, 2009 Page 7 of 9 Kimball International Mkt., Inc., County Clerk $6,341.24 $5,046.86, 13 Kimball Wish Chairs; c/o Custom Office Furniture $1,294.38, 3 Kimball Wish Stools armless; WV State Contract Finley Fire Equipment Co., Inc. Charleston FD $14,474.00 Bullard T4 thermal imaging camera, per bids received March 24, 2009 Commissioner Hardy moved to approve all 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 Clerk’s Office) The Honorable Vera J. McCormick, County Clerk

Order Confirming and Approving Cash Disbursements to be made by the Clerk of the Kanawha County Commission for Special Funds (documentation available for inspection at the County Clerk’s Office) The Honorable Vera J. McCormick, County Clerk

Resolution - F.Y. 2008-2009 Coal Severance Fund Budget Revision #4 Brent Pauley, County Manager

Approval of Erroneous Assessment Exonerations submitted by the Kanawha County Assessor (Decrease: $12,836.60 $24,727.36) Marc Slotnick, County Attorney Steve Sluss, Chief Legal Counsel, Assessor's Office

Applications for Apportionment of Personal Property Taxes Pursuant to Final Divorce Orders in Accordance with Chapter 11, Article 5, Section 14, of the Code of West Virginia Marc Slotnick, County Attorney Steve Sluss, Chief Legal Counsel, Assessor’s Office

New Employee, Rebecca Dawn Metzger, Sheriff’s Department, Day Report Center, Drug Court Counselor, $32,500.00, new position, effective May 15, 2009) The Honorable Michael Y. Rutherford

New Employee, Kim Fleck, Commission Office, Administrative Assistant, $47,000.00, permanent employment replacing Susan Dunn, effective May 1, 2009 Brent Pauley, County Manager

Authorization for the President of the Kanawha County Commission to sign a Certificate of Title transferring a 2005 Ford Crown Victoria Police Interceptor to Travelers Insurance (VIN 2FAHP71W05X176989) Jerie Whitehead, Purchasing Director

Order authorizing the President of the Kanawha County Commission to execute Training Work Order with Harris Software Brent Pauley, County Manager

Order authorizing the Clerk of the County Commission to issue a supplemental check from the General County Fund (#001-809.0-5-68.00) in the amount of Forty-Four Thousand, Three Hundred Fifty-Eight Dollars and Forty-Eight Cents ($44,358.48) for Invoice No. 13 to Mountain Haus

Minutes - Commission Meeting of April 9, 2009 Page 8 of 9 Properties, Inc., representing payment for continuing work on the Upper Fishers Branch/Guthrie Water Line Extension Project Patrick Snyder, Project Coordinator, Planning Department

Order authorizing and approving the Manual Journal Entries as set forth in 4/21/2009 Memorandum from Kim Lutz, Director of Accounting Brent Pauley, County Manager

Order approving overtime for Kanawha County Commission employees for pay period ending May 15, 2009, for hours worked in the pay period of April 13, 2009, through April 19, 2009 Brent Pauley, County Manager Jennifer Sayre, Deputy County Manager/Grants Director

PAY PERIOD 04/13/09-04/19/09

OT OT NAME STRAIGHT AMOUNT TIME/HALF AMOUNT TOTAL

Morrison, Rachelle 2.00 $47.57 3.52 $125.59 $173.16 Hackney, Cathy 1.00 $20.36 $20.36 Lilly, Mindy 1.33 $26.14 $26.14 Harrison, Blanche 0.50 $6.54 $6.54 Hodge, Edna 0.93 $12.16 $12.16 Melton, Joe 10.00 $155.88 2.93 $68.51 $224.39 Prowse, James 2.50 $32.05 4.00 $76.92 $108.97 Shaffer, Sandra 1.50 $19.23 $19.23 Taylor, Judy 0.57 $7.45 $7.45 Withrow, Robert 2.50 $32.05 0.75 $14.42 $46.47 Beller, Gary 1.00 $12.82 $12.82 Clark, Mike 2.82 $39.82 13.98 $296.10 $335.92 Moore, Allen 2.50 $34.62 $34.62 Rucker, Raymond 1.00 $12.82 $12.82 Keller, Joanna 2.00 $35.43 7.00 $185.99 $221.42 Lanham, Shellie 0.57 $9.09 $9.09 Robinson, Debbie 6.36 $138.30 $0.00 $138.30

TOTAL 39.08 $642.33 32.18 $767.54 $1,409.86

Order authorizing the President of the Kanawha County Commission to sign Contract and Agreement with Kanawha-Charleston Health Department ($290,000.00, payable in 11 monthly installments of $24,166.67, and one installment of $24,166.63) Brent Pauley, County Manager

Derricks Creek Water Line Extension Project Request for Drawdown of Invoice No. 1 for Engineering Services by West Virginia American Water in the amount of Sixty Seven Thousand, Three Hundred Forty Eight Dollars and Sixty Four Cents ($67,348.64) from the US Army Corps of Engineers Patrick Snyder, Project Coordinator, Planning Department

Minutes - Commission Meeting of April 9, 2009 Page 9 of 9 Demolition Order – In the matter of property owned by Lexie E. Neal, Tax Map 7, Parcel 21.2, Malden District Marc J. Slotnick, County Attorney David Armstrong, Planning Director

Demolition Order – In the matter of property owned by Kelly E. Wolfe, Tax Map 30C, Parcel 12.3, Union District Marc J. Slotnick, County Attorney David Armstrong, Planning Director Commissioner Hardy moved to approve all Commission Orders. Commissioner Shores seconded. Motion carried.

LETTERS OF INTENT

West Side VFD, $25,000.00 (Five MSA self-contained breathing apparatuses, Public Safety Grant Fund)

Clendenin Police Department, $4,850.00 (vehicle equipment for 2009 Chevrolet Impala 9C1 Police Cruise, Public Safety Grant Fund r)

Clendenin VFD, $15,000.00 (ten sets of personal protective equipment, Public Safety Grant Fund)