Senate Revisits County Commission Vacancy Protocol After Jefferson County Controversy

The West Virginia Senate is currently discussing amendments to state protocol for filling county commission vacancies, following a controversy in Jefferson County late last year.

On Tuesday, the West Virginia Senate discussed amendments to state protocol for filling county commission vacancies, following a controversy in Jefferson County late last year.

From Sept. 7 to Nov. 31, 2023 two members of the Jefferson County Commission — Jennifer Krouse and Tricia Jackson — refused to attend meetings. This was due to a disagreement over which candidate would fill a vacant seat, and the protocol for how they would be selected.

During this time, they continued to receive pay from their positions on the commission, MetroNews previously reported.

In late November, a judge required the two commissioners to resume attending meetings, but they continued to express concern over the procedure.

Counsel for the Senate Government Organization Committee explained that these events led to the creation of Senate Bill 542, which would update protocol for filling vacant seats on five-person county commissions, like the one in Jefferson County.

Under the bill, five-member commissions unable to agree on an appointee would create a list of eligible candidates and strike names from the list one at a time.

Commissioners would take turns striking names in a predetermined order based on the political party of the vacating commissioner and the tenure of voting commissioners.

Ultimately, the last remaining person on the list would fill the vacant commission seat under the new bill.

The Senate Government Organization Committee voted unanimously to send the bill to the Senate floor with the recommendation that it be passed. Before passage, it will undergo further discussion from the full Senate.

Two Sides To A Proposal That Would Eliminate W.Va.’s Business Property Taxes

If West Virginia voters say yes to "Amendment 2" on the November ballot, the state legislature will have the authority to eliminate business equipment and inventory taxes and the property tax on vehicles.

If West Virginia voters say yes to “Amendment 2” on the November ballot, the state legislature will have the authority to eliminate business equipment and inventory taxes and the property tax on vehicles.

Senate President Craig Blair, R-Berkeley, embraces the tax cut plan, but many county leaders fear the tax cuts would devastate basic public services.

Blair said one of many examples of the harm caused by West Virginia’s equipment and inventory tax began in 2016, when coal demand was low, mines shut down and moved equipment out of state or sold it. Blair said fast forward to the past two years — he figures the state lost between $75 million to $125 million, because coal demand and prices went up. But miners didn’t have the equipment to get it out of the ground.

“We’re missing out on the severance tax, we’re missing out on the personal income tax, because of the supply chain issues,” Blair said. “The people that sold their equipment, machinery — they can’t get it back fast enough to be able to be part of this wave, and we’re totally missing out on that.”

Blair said to consider the tax plight of long time Cabell County manufacturer Blenko Glass, and the hundreds of molds they use intermittently — but pay tax on every year. He mentioned the possibility of Amazon and other “store and ship” facilities setting up warehouses in West Virginia border counties with no inventory tax.

“I will quote to you from the West Virginia Center on Budget and Policy, which tends to lean a little to the left, I believe,” Jim Morgan said. “One of their facts is that during the past decade states with property taxes on business, machinery, equipment and inventory saw more manufacturing jobs growth on average, than the states without such taxes.”

That statement comes from former state delegate and current Cabell County Commission president Jim Morgan. Morgan said West Virginia counties get up to 40 percent of their operating budget, for fire, law enforcement, schools, solid waste — money from the taxes Blair wants eliminated.

“In Cabell County, we would lose $11 million in total school losses that won’t be made up by the school aid formula,” Morgan said. “That money would just be gone at that point. The legislature has said, that’s okay, we will backfill that and make you whole. Huh? As if we trust the legislature?”

Blair said a continuation of flat line budgets netting state revenue surpluses gained over the past several years will more than make up for the nearly $600 million in tax receipts now covering county bills.

“It’s not a big demand on the government. In fact, it makes it so that our agencies can get rid of the ‘spend it or lose it’ mentality,” Blair said. “That even includes getting rid of the regional jail fees for these counties. There are a multitude of examples out there when somebody is crying wolf, that we’re going to put the counties out of business, or we’re going to hurt the counties. It’s nonsense. What we’re trying to do is give him a hand up instead of being stagnant or declining, like most of them have been.”

Morgan countered that revenue surpluses are never guaranteed, and flat line budgets predicated on less spending have proved disastrous for state maintenance, growth and prosperity.

We have teaching vacancies, we have correction officer vacancies,” Morgan said. “Despite construction being done in high volume areas on major highways, roads are in poor shape. We’ve cut higher education. We’ve cut all kinds of things and he says we have a flat budget. Yet, West Virginia is falling apart.”

When Blair became senate president, he said he wanted 400,000 people to come to West Virginia. He said that can happen with eliminating those business property taxes. He said that will help create the industries and jobs that will keep graduates at home and bring young professionals in.

“And guess what? They’re the baby makers,” Blair said. “They’re the ones that fall in love, and have jobs here and stay here and make babies and send their kids to our school systems. And voting ‘yes’ on these constitutional amendments will actually make it so that we can accelerate the work that we’re doing and put more money into the people’s pockets.”

Morgan argues the legislative tax replacement plan is part of a state power grab.

“One scenario that we like to point out, if we were short $25 million in Cabell County, the legislature could very well say if you need more money, just raise everybody’s property tax in your county. The county commissions would be the bad guys for raising taxes to provide services — volunteer fire departments, EMS, 911 — all those things that the county funds. I believe it’s a mistake.”

The decision will be made on Nov. 8, with voters saying yes or no to “Amendment 2.”

Organization Looking at Ways to Improve Transportation in Fayette & Raleigh Counties

A group is working to create a transportation plan for Raleigh and Fayette Counties. The Metropolitan   Planning Organization, or MPO, is working to identify transportation investments needed to move the region forward.

The MPO office is federally and state funded but it’s made up of local governments, business leaders, and others. The group is responsible for long range transportation planning.

When the 2010 Census was published in 2012 is showed six towns across Route 19 in Fayette and Raleigh Counties had a population density of 50,000 or more. This makes the region “urbanized.” The municipalities included with this new designation include Fayetteville, Mt. Hope, Oak Hill, Sophia, Mabscott, and Beckley.

When an area is deemed ‘urbanized’ the federal government mandates the formation of an organization to come up with a transportation plan. As mandated by the federal government, the MPO is working to develop a 25‐year Regional Transportation Plan, which addresses travel by all modes, including streets and highways, bikeways and walkways, public transportation, aviation, rail and waterways.

Folks are encouraged to attend the second meeting to share ideas with leaders on what should be included in this plan.  The is Tuesday, September 30 5:00 p.m. – 7:00 p.m. at the Beckley City Hall Council Chambers in Beckley.

You can also share your ideas for the Fayette Raleigh County 25 year transportation plan online.

State, Federal Reps. Respond to Wyoming Co. Water Woes

Congressman Nick Joe Rahall is looking into the water situation in Alpoca/Bud in Wyoming County.

The long-term fix, known as the Covel project, will bring a new transmission main to serve the Bud/Alpoca area. The Eastern Wyoming Public Service District (PSD), in partnership with the Wyoming County Commission, has taken steps to repair the existing water system.

The Covel project has nearly a $5.7 million price tag, all of which – except for $125,000 – is Abandoned Mine Land (AML) funding.

The money comes from a tax coal companies pay meant to help  resolve public safety issues such as hazardous highwalls, or mining-impacted water resulting from mining before 1977.  Such practices were established by the Surface Mining and Control Act and the creation of the Office of AML&R in 1981.

Rahall visited Herndon Consolidated  School in Bud and the Pentecostal Church of God in Alpoca Friday to meet with residents and share the long term plans.

Short Term Solutions

State lawmakers are weighing in as well. Senator Mike Green is hoping to reassure folks on the Alpoca Water Works system that they are not being ignored by state government.

Green’s office sent out a release to share the work being done a state level to try and put an end to ‘bad water‘.

Last week, Senator Daniel Hall and I had a discussion with Adjutant General James Hoyer of the West Virginia National Guard regarding the water situation in the Bud/Alpoca area of Wyoming County.  Last Friday, the General dispatched a water expert to the area to assess the situation and determine what help could be made available. While we await those results, I want to assure the people of Wyoming County that this issue isn't being ignored on the state level.     This week I spoke with Chairman Mike Albert of the West Virginia Public Service Commission. During that conversation, Chairman Albert said that the PSC is close to issuing an order related to water service that would not only help the residents of the Bud/Alpoca areas but also Covel, Herndon, and Herndon Consolidated School.   After the water problem is resolved at the source, the next step for the National Guard will be developing a process for flushing the lines because of the system's lack of hydrants. I want to stress to all of the citizens in Wyoming Counties – especially those affected by the present water issues – that you are not being ignored by your Government. "While the Charleston Water Crisis seems to be receiving the attention statewide, I will not allow your issue to be ignored. It is my hope that this issue, which has been going on for far too long, can be resolved sooner rather than later."  

Customers in Bud and Alpoca, including Herndon Consolidated, have been on a boil water advisory for more than five months.

As we reported earlier this week, National Guard representatives met with Wyoming County Emergency Director Dean Meadows.

Meadows told West Virginia Public Broadcasting that, unfortunately, the residents are not experiencing an emergency.

"We don’t want to sound unsympathetic to the people of Bud," Meadows said. "We’re very sympathetic and we want them to know that we are doing all we can and I’m very appreciative of the attention that they are getting but to put them in an emergency situation where the state starts putting in water, who is going to bear that expense and where does it end when other communities are involved."

The Logan County PSD has been working to restor water quality to the system by adding chemicals to the water, installing flush valves, etc.

The West Virginia Department of Health and Human Resources says Alpoca Water Works has not filed a consumer confidence report in at least three years. Every community public water supply system that serves at least 25 residences year round or has 15 service connections must prepare and distribute a CCR once each year.

 

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