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Steve Cruikshank, OES Director and Derrick Eskew, EmergencyPlanner with J. H. Consulting, LLC appeared before the Commission tohold a public hearing on the Hazard Mitigation Plan.Mr. Cruikshank told the Commissioners the purpose of this hearingis for people to tell where the problems are and what to do about theproblems.No one present for input.Mr. Eskew told the Commissioners the Hazard Mitigation Plan hasto be revised every 5-years.After a brief discussion the public hearing was adjourned at11:50 a.m.Commissioner Wender offered a motion to approve License Agreementwith ACS Government Systems, Inc. for ACS AS400, Budget/Accounting,DASH, Payroll, Personnel, PACE, and Fixed Assets, amount 9,480.00.Commissioner Lopez seconded.Unanimous.The Commissioners received and reviewed an invoice from SoftwareSystems, Inc. for purchase of computers, amount 122,075.35.Commissioner Lopez offered a motion to approve invoice for 122,075.35 from Software Systems, Inc.Commissioner Wender seconded.Unanimous.The Commissioners signed an Application for a Permit to Operatethe Fayette County Park Swimming Pool for the Fayette County HealthDepartment.The Commissioners received/reviewed and signed the letter fromthe Office of the State Auditor confirming their understanding of the9

services they are to provide the Fayette County Commission for theFiscal Year ended June 30, 2009-audit.The cost of the audit is 28,820.00.Ms. Holly informed the Commissioners, the Public Hearing forChange of Polling Places for Precincts 8, 12, 15, and 29 will be heldon January 29, 2010 at 10:00 a.m.Ms. Holly told the Commissioners she included Precinct 29 FallsView Community Center.Ms. Holly told the Commissioners she received reimbursement fromthe Fayette County Board of Education for the Special School BondElection, amount 77,864.80.Ms. Holly reminded the Commissioners she registered them at theCharleston Marriott for the County Commissioners Association of WestVirginia Annual meeting being held January 31 to February 2, 2010 andregistered them at the Embassy Suite for the West Virginia Associationof Counties Annual meeting being held February 14 to February 16,2010.The Commissioners received and reviewed an invoice from Westlake,Inc. for engineering survey of the courthouse trees, amount 1,435.85.Commissioner Wender offered a motion to approve payment toWestlake, Inc. for engineering survey of the courthouse trees, amount 1,435.85.Commissioner Lopez seconded.Unanimous.Ms. Holly told the Commissioners the Courthouse FacilitiesImprovement Authority has approved our request for an extension on10

CFIA Project #10-01-101008 for the exterior walkway and masonryrepairs.Ms. Holly told the Commissioners that Judy Treadway has filed aWorkers’ Compensation claim for injuries received from the mole at theCourthouse Annex.The Commissioners approved to prepare allotment check for the NewRiver Humane Society, amount 13,812.64 for the month of January.The Commissioners received and reviewed letters to the New HavenPublic Service District ( 3,000.00) and Fayette County Starting Points( 2,000.00) enclosing a copy of the Agreement for the LegislativeDigest grant from the Governor’s Community Participation GrantProgram.The Commissioners received and reviewed a letter from PlanBenefit Service, Inc. regarding OPEB (Retiree Medical) Funding Option.The Commissioners received and reviewed a letter from the PublicService Commission regarding Sheila Withrow informal request for waterservice.The Commissioners received and reviewed from Page-Kincaid PublicService District their Water and Sewer Audits for the Fiscal Year2009.The Commissioners received and reviewed a copy of a letter fromTravelers to Sheriff Steve Kessler regarding Claim #028 FY EGV0885 A(Thomas Woodrum) Employee Theft.The Commissioners received and reviewed a fax from John Davidregarding request for funding for Fiscal Year 2010 to 2011.11

The Commissioners received and reviewed a letter from theDivision of Criminal Justice Services regarding approved funding of 74,130.00 for the Strategic Prevention Framework State IncentiveGrant (SPF-SIG).The Commissioners received and reviewed 4th Quarter Saltes Tax forthe Fayette County Park, amount 89.78.The Commissioners received and reviewed a letter from the StateTax Department informing they authorize the assessor to receive up to2% of the previous year’s projected tax collections in counties wherethe assessor does not have a loan obligation, they are asking theAssessor to prepare a budget detailing the proposed use of the moneyand submit the budget to the Property Valuation Training andProcedures Commission (PVC) by December 15th.The Commissioners received and reviewed a letter from Magi Yorkintroducing herself as the new Executive Interim Director of CapitalResource Agency.The Commissioners received and reviewed a letter from theDivision of Criminal Justice Services reminding that when submittingRequest for Reimbursements/Financial Reports to the Division ofCriminal Justice Services (DCJS) for payment to please check to ensurethat all documentation is provided with the request.The Commissioners received and reviewed Application forEmployment from Christy Rashala Garnett Thomas.12

The Commissioners received and reviewed a letter from StaffordConsultants Incorporated regarding New Haven Public Service DistrictFayette County Water System Contract 16-Loretta Crist Service Request.The Commissioners received and reviewed a letter from FEMAregarding comments received at the Final Meeting held on June 1, 2009regarding the Preliminary copies of the Flood Insurance Study (FIS)report and Digital Flood Insurance Rate Map (DFIRM) for FayetteCounty, West Virginia, released May 29, 2009.The Commissioners received and reviewed a Grant Adjustment Noticefrom the West Virginia Prevention Resource Center.The Commissioners received and reviewed letters from the Officeof the State Treasurer informing that funds due for the November 2009,Table Games will be directly deposited on December 16, 2009, amount 2,978.52, funds due for the November Limited Video Lottery will bedirectly deposited on December 28, 2009, amount 6,561.84 and fundsdue for the November 2009 Fayette Lottery Monthly Distribution will bedirectly deposited on December 16, 2009, amount 29.86.The Commissioners received and reviewed from SunTrust Bank PledgeStatement listing securities pledged as of November 30, 2009.The Commissioners received and reviewed several AccountStatements from the Bank of New York Mellon for the period October 1,2009 to December 31, 2009.The Commissioners received and reviewed from WorkForce WestVirginia Unemployment Compensation claim from Bonnie L. Spadaro.13

The Commissioners received and reviewed several letters fromBrickStreet Insurance regarding Workers’ Compensation claims.The Commissioners received and reviewed from the Fayette CountyAnimal Control Center/NRHS Activity Report and Monthly Revenue Reportfor the month of December, New River Humane Society allotment, amount 13,812.64 for the month of January and Weekly Fees Collected for theweek of December 4 to December 10, 2009, amount 186.00, the week ofDecember 11 to December 17, 2009, amount 174.00, the week of December18 to December 24, 2009, amount 1,266.00, the week of December 25 toDecember 31, 2009, amount 140.00 and the week of January 1 to January7, 2010, amount 30.00.The Commissioners received and reviewed several correspondencesfrom the West Virginia Association of Counties and the CountyCommissioners Association of West Virginia.The Commissioners received and reviewed checks for 911 Fees fromOne Communications, amount 2,448.28, Citizens Communication Company,amount 47.05, Public Service Commission, amount 167,790.18, VonageAmerica, amount 254.00, Mountain Communications, LLC, amount 89.67,Verizon, amount 24,562.79; check for Franchise Fees from ShentelCable Company, amount 2,725.66; Criminal Justice Service forCommunity Corrections, amount 79,613.45; WV Development Office-Newhaven Public Service District, amount 450,638.25 and Page-KincaidPublic Service District, amount 241,332.02; Reimbursement FayetteCounty Board of Education Special School Bond Election, amount 77,864.80; Division of Human Services-FRN, amount 10,000.00;14

Reimbursement City of Beckley DUI Patrols, amount 326.32; andReimbursement 911 Fund, amount 50.00.The Commissioners received and reviewed an e-mail Melissa B.Crawford, Planning specialist West Virginia Prevention Resource Centerinviting the Fayette County Commission to apply for the Recovery HomeFunds.The Commissioners received and reviewed an e-mail from LorienMacAuley, Education Coordinator New River Gorge National RiverHeadquarters inviting the Fayette County Commission to join them in aspecial discussion on local food, and how to better connect localfarmers and growers with buyers and/or distributors in our area. Themeeting is scheduled for Thursday, January 28, 2010 at 7:00 p.m. atthe Fayette County Memorial Building.The Commissioners received and reviewed an e-mail from Dan Sneadinforming he talked with Jim Francis at Architectural Products whotold him that all the Courthouse signage arrived at his office andthat he plans to contact the Commission after the new year to arrangefor his crew to install them.The Commissioners received and reviewed an e-mail from DeniseFerguson, Records management and Preservation Board informing that therecords board will be meeting on Thursday, January 7th and willprobably contact Daniel Wright, Circuit Clerk on that day to addressany questions he may have about the county grant application.15

The Commissioners received and reviewed an e-mail from SteveCruikshank, OES Director regarding a conference call to discussdeclaration process for the winter storm event.The Commissioners received and reviewed an e-mail from SteveCruikshank, OES Director regarding letting him know of streamblockages that could cause flooding.The Commissioners received and reviewed an e-mail from SteveCruikshank informing he needs to have a public meeting on the HazardMitigation Plan.The Commissioners received and reviewed an e-mail from MargaretA. O’Neal regarding scheduling a meeting about the upcoming FayetteCounty Community Baby Shower/Pantry.The meeting was adjourned at 1:12 p.m.The next scheduledmeeting is January 29, 2010.FAYETTE COUNTY COMMISSIONJANUARY 29, 2010COURTHOUSEFAYETTEVILLE, WV 25840MEMBERS Present:Kenneth L. Eskew, John H. Lopez, Matthew D. WenderThe Fayette County Commission met in a regular scheduled meetingthis 29th day of January 2010.Commissioner Eskew called the meeting to order at 9:07 a.m.16

Eddie Young, Assessor presented exonerations to be approved andsigned to the Commissioners.Commissioner Lopez offered a motion to approve exonerations forpersonal property tax tickets for Harold and Deborah Given, DonnaCook, David L. Smith, Rosemary Plumley, John A. or Ulysses Farrish,Kenneth Dempsey, Delbert F. and Nancy L. Cordle.seconded.Commissioner WenderUnanimous.Commissioner Wender offered a motion to approve exonerations forreal property tax tickets for Thelma O. Calfee, Lowell D. and Anna L.Wriston and Mark and Jennifer Crites.Commissioner Lopez seconded.Unanimous.Commissioner Lopez offered a motion to approve and sign a refundfor Mark and Jennifer Crites ( 426.56).Commissioner Wender seconded.Unanimous.Commissioner Lopez offered a motion to approve and signApplication for Correction of Assessment for Todd Allen Hicks andWilliam B. Reilly.Commissioner Wender seconded.Unanimous.Commissioner Lopez offered a motion to approve vouchers, invoicesand 2nd half payrolls, payrolls to be released today.Wender seconded.CommissionerUnanimous.Carl Thompson appeared before the Commission to introduce AmyShumate, the new Program Manager for the Fayette County FarmlandProtection Board.Doug Arbogast appeared before the Commission to inform them thatthe Fayette County Green Advisory Team has put together ICLEI.17The

mission of ICLEI - Local Government for Sustainability - is to build,serve and drive a movement of local governments to advance deepreductions in greenhouse gas emissions and achieve tangibleimprovements in local sustainability.Mr. Arbogast told the Commissioners that the Town of Fayettevilleis the first member of ICLEI.They joined June 2008.Mr. Arbogast told the Commissioners that GREAT began milestone 1,establishing a baseline for calendar year 2007 by gathering data onenergy consumption for town and county government, residents, andbusinesses within the 25840 zip code area.Mr. Arbogast told the Commissioners as of December 2009, theGreenhouse Gas emissions inventory is complete for the community(residents and businesses) and local government (city and countyoperations) within the 25840 zip code.Mr. Arbogast asked the Commissioners for some representation.Mr. Arbogast told the Commissioners the next tentativelyscheduled meeting would be February 5 or February 10, 2010 at 12:00noon.Ms. Holly suggested to the Commissioners Dickie Smith and AllenBallard be the two people from the County to represent the Commission.Mr. Arbogast presented a copy of the Fayetteville, West VirginiaGreenhouse Gas Emission Inventory-Baseline 2007 Results to theCommissioners.18

The Commissioners received and reviewed a letter from MountainTransit Authority asking that Carl Thompson be reappointed to theirMTA Board of Directors.Commissioner Wender offered a motion that Carl Thompson bereappointed to the Mountain Transit Authority Board of Directs for aterm of 3-years.Commissioner Lopez seconded.Unanimous.Order andan appointment to serve letter signed.Gloria King, Director, New River Humane Society and Earl Pauley,Park Superintendent appeared before the Commission to request fundingfor a fence for the horses at the Animal Shelter.The Commissioners suggested that Mr. Pauley get cost of the fenceand give to Commissioner Lopez.Commissioner Wender offered a motion that Fayette CountyCommission authorizes the expenditure not to exceed 2,000.00 for afence for the horses at the Fayette County Animal Control Center.Commissioner Lopez seconded.Unanimous.The Commissioners asked the Prosecuting Attorney to check intothe Code regarding adaption or action of horses.Commissioner Wender offered a motion that Fayette CountyCommission authorizes and signs a letter of entry to the West VirginiaDivision of Highways to enter upon property belonging to theGreenbrier County Commission and the Fayette County Commission thatlies within the right-of-way necessary for construction of ProjectU313-MEA/DO-2.00, State-Project ERP-2009 (183)D, Federal-Meadow River19

Rail Trail (AARA)-Fayette and Greenbrier Counties.seconded.Commissioner LopezUnanimous.The Commissioners approved for Brian Sparks WVU Agriculture Agentto cut down the tree at the WVU Extension Office.The Commissionersasked Mr. Sparks to replace the tree as soon as possible.Ms. Holly informed the Commissioners that due to the closing ofEast End Elementary and Oak Hill Elementary Schools the Commission hasto run legal informing they intends to change the location of thepolling places.Ms. Holly presented an Order changing the location of the PollingPlaces.Precincts’ 8 and 15 former polling place East End ElementarySchool, new polling place Oak Hill Church of the Nazarene Annex,Precinct 12 form polling place Oak Hill Elementary School (cafeteria),new polling place the Lewis Foundation Community Building (formerArmory Building), and Precinct 29 former polling place Falls ViewArmory, new polling place Fall View Community Center.Commissioner Wender offered a motion to approve for votingpurposes the change in location of the polling places for Precincts 8,12, 15 and 29 effective with the Primary Election to be held on May11, 2010.Commissioner Lopez seconded.Unanimous. (See attachedOrder)There was no one here for public comment.Commissioner Lopez offered a motion to adopt the Resolutionregarding the proposed sale of Verizon’s landlines to Frontier20

Communications presented by the Communications Workers of America(CWA).Commissioner Wender seconded.Unanimous.Resolution signed.John David and Vicki Mullins with Southern Appalachian LaborSchool (SALS) appeared before the Commission to present their requestfor funding for Fiscal year 2010-2011-Group Work Camp ( 10,000),Energy Express ( 7,000), Community Center ( 10,000), and EmergencyServices ( 3,000).John David presented to the Commissioners a copy of a letter fromPentree Incorporated regarding Page-Kincaid Public Service DistrictIngram Branch Sewer Project.Mr. David told the Commissioners theproject is scheduled to be completed.Commissioner Eskew informed the next scheduled hearing is RoaringRivers Homeowners Association.Commissioner Eskew informed the purpose of this meeting is tolook at the Community Enhancement District Petition for Roaring Riversand to get input and discussion from parties that are interested.Commissioner Eskew informed they did circulate a signature sheetto be signed. (See attached)Commissioner Eskew informed those in attendance that this will berecorded.Commissioner Eskew swore in everyone who wanted to speak (H.DougMcKenzie, Jeff Laure, Janice Amber, Paul Clay, Charles Ek, and CurtisMcKinley).Ms. Holly presented the petitions they received to theCommissioners.21

Discussion was held, and a tape of the discussion is available.Commissioner Wender offered a motion that Fayette CountyCommission will take the request today under advisement he thinksthere are a couple of issues that needs to be said in support of that1. Would be the concern that all concerned parties of the developmentapparently have not had access to the proposal and 2. TheCommissioners are not quite sure the parties will act on behalf of theHomeowners Association has been determined?Commissioner Wender feelsthat these issues need to be addressed before this matter comes backfor consideration. Commissioner Wender offered a motion they tablethis hearing. Commissioner Lopez seconded.Unanimous.Commissioner Lopez offered a motion to contribute funds for abanner for the Boy Scouts of America.Commissioner Wender seconded.Unanimous.Ms. Holly gave a copy of the Order changing location of pollingplaces to Kelvin Holliday, County Clerk and told him that all thevoters had to be notified before the Primary Election.The Commissioners recessed the County Commission meeting forlunch at 12:05 p.m.Commissioner Eskew convened the Board of Equalization and Reviewat 1:15 p.m.No appointments scheduled.The Commissioners recessed the Board of Equalization and Reviewat 1:20 p.m.22

Commissioner Eskew reconvened the Board of Equalization andReview at 1:45 p.m.Ms. Holly informed the Commissioners she received an e-mail fromEddie Young, Assessor requesting an authorization letter from theCommission giving the West Virginia Department of Tax and Revenueauthorization to make mineral changes.Commissioner Wender offered a motion that Fayette CountyCommission en

Commission asks for a change of scope for the 7,000 grant to include purchase of a voice activated release if other monies available in the Sportsman Recreation Center Grant. Commissioner Lopez seconded. Unanimous. Commissioner Wender asked Mr. Meadows if the Commission completed the list and there would be some remaining funds can the Commission