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Wender highlights commission's actions during past year

Montgomery Herald - 4/3/2018

Along with Commissioners Denise Scalph and John Brenemen, I would like to present a report on significant events and issues that involved the Fayette County Commission over the past year. ... We have had many recent successes and made considerable progress moving our county forward. We continue to face budgetary challenges, which we will responsibly manage.

There are a variety of topics (addressed). There is one topic which is not mentioned and is on everyone's mind. That is job creation and expanding our economy.

Since 2012, we have seen a decline in coal and coal-related employment. The coal economy has leveled off in Fayette for the past two years, but we have not seen any measurable net gains. Compounding the loss of much of our coal-based economy, this past year we saw the relocation of WVU Tech from Montgomery. We lost students, as well as faculty and staff jobs.

Before we can successfully gain jobs and rebuild our economy, we need to provide industry with an educated workforce. It must be a reliable, sober and drug-free workforce that has skills for the current and future jobs market. All this must be within a setting that provides 21st century broadband connectivity, because industry demands it.

Below is a short look at projects or activities involving the commission:

Courthouse improvements: We continue with the previous 13 years of successful grants through the Courthouse Facilities Grant Program. Over this period, our county has collected $1,090,560 in state funding. At each grant cycle, the county was required to match at least 20% of the project request. With these funds, we have replaced all windows, rewired the entire building, repaired masonry, re-pointed brick and replaced the roof with slate shingles, which were used when the courthouse was constructed in 1895.

Funding for the past two grant cycles was $196,000 from the state and $39,200 in local funds. These funds were used to rebuild the deteriorating columns and façade on the porticos and to currently re-point the badly deteriorating brick mortar joints.

Fayette County Park: Under the new leadership of park director Renee Harper, the park opened the year with many improvements. After being closed for most of the 2016 season, the 30-year-old pool at the park underwent major renovations, which were partially paid for with grant funds in the amount of $73,000 and a local county contribution of approximately $75,000. Other park improvements include paving, repairs and updates to cabins, shelters and the canteen, along with the addition of an 18-hole disc golf course. New branding materials include a park logo and map. Additional upgrades and events are planned for the upcoming year.

Through the leadership initiative of Amanda Mender with the Fayette County WVU Extension Office, the park now has a newly formed parks and recreation board dedicated to the county park, the Fayette County Soldiers and Sailors Memorial Building, and the Boomer Ball Field.

Re-lighting eternal flame, Memorial Building: This past spring, a group of citizens took on and completed the task of repairing and re-lighting the flame to honor local veterans. The flame is mounted on a stone base built by Destino Bianco Vaglio of Fayetteville in 1969. It had fallen into disrepair many years ago. The group received contributions, with the county paying the balance. On June 20, West Virginia Day, the flame was lit again during a special celebration. Special thanks go to Lita Eskew, Dave Laudig, Carl Harris, Melvin Dove, Jack Thomas and Chris Selvey for their commitment of time and effort.

Law enforcement memorial: In May, during the annual Law Enforcement Officers' Memorial Day Service, a monument was unveiled, honoring the service and memory of seven Fayette County officers who have given the ultimate sacrifice in the line of duty, including Marshall Isaac Thompson of Montgomery Police Department; Special Agent Robert Stringer (White Oak Railway Police), Chief Joseph Davis (Ansted Police), Sergeant Franklin Patrick (West Virginia State Police), Fayette Sheriff Nehemiah Daniel, Fayette Sheriff's Constable Harrison Lusk and Deputy Roger Treadway. The memorial is near the front entrance to the courthouse. The cost was paid by donations from several municipalities and the county commission.

Rimfire ATV trail: In an October study that was funded by POWER funding grants, Thrasher Engineering completed a planning analysis to map potential ATV trail paths for an ATV trail system, similar to the very successful Hatfield-McCoy trail network in southwest West Virginia. This proposal encompasses Clay, Webster, Braxton, Nicholas and Fayette counties. Legislation will be introduced for this trail system to have the legislative entitlements similar to the Hatfield-McCoy. In addition, it is likely the trail system will be operated by the management of the Hatfield-McCoy system.

Fayette County bike trail: With a goal of developing a long distance, non-motorized multi-county trail network, the New River Gorge Trail Alliance was incorporated in May 2016. The organization received an Appalachian Regional Commission POWER+ planning grant of $140,000 in 2016 and recently received a $1.4 million implementation grant from ARC to develop a combination of existing trails, trails to be improved, and little-used current roadways into a larger trail network. The resulting 300-plus mile network will stretch through three counties (Nicholas, Greenbrier and Fayette), including Richwood, the Meadow River Rail Trail, Fayetteville, Thurmond, Oak Hill, Mount Hope and Mossy. The Trail Alliance is made up of individuals, businesses, non-profits and governmental organizations working together for the health and well-being of the region.

Sheriff deputies' shooting range: The Fayette County Sheriff's Office and the commission undertook the initial phases of building a shooting range for the Fayette deputies and other members of local law enforcement. The planned new range will be in the proximity of the former Camp Abbott near the Fayette County Park. It is anticipated that sale of harvested trees from the project will offset the construction costs for the range. Three engineering firms have submitted proposals to be considered as lead firm for consideration.

Increase in excise tax on sale of property: Following legislative approval, Fayette County took advantage of a provision to allow the county to increase the excise tax on the transfer of property, by $1.10 per thousand dollars of value. The additional funds will be divided between the Fayette County Urban Renewal Authority for its development of the Whitlock Farm project and the other half will go toward the removal of dilapidated structures in the county.

Fayette County drug court: It is critical in this state for the criminal justice system to reduce the incidence of substance abuse and the crime resulting from it. Fayette Adult Drug Court was established in the spring of 2016 under the "West Virginia Drug Offender Accountability Act." It was created with objectives of reducing drug abuse, recidivism and the cost of incarceration.

The drug court has had two successful graduates. While this seems low, it is important to remember that the program includes three stages and takes a minimum of 12 months to complete. Participants pay periodic court fees totaling $700, and are drug-tested frequently. In the latter two stages, they are expected to either have employment or be enrolled in educational programs. Drug court participants have been educating the community on addiction and bridging the gap of understanding. We currently have individuals who travel to Fayette County Schools to share their stories with staff and students.

Protecting public health: Last January, the county commission passed a county ordinance forbidding the disposal of fracking fluid waste products in the county. The county ordinance was introduced under the state authorization allowing county government to pass ordinances that are in the interest of protecting public health and welfare. The ordinance was soon challenged by EQT, a large out-of-state gas drilling company with operations in West Virginia. The suit was brought forth in federal court in Charleston. Unfortunately, our local ordinance was ruled unconstitutional in that the laws governing the discovery and drilling for natural gas and oil are governed by federal law and, therefore, a county ordinance cannot supersede federal oversight authority, which in West Virginia is delegated to the West Virginia Department of Environmental Protection. The Fayette County Commission appealed the decision to Federal District Appeals Court in Richmond. In August, the 4th District Federal Appeals Court upheld the lower court ruling in a 2-1 decision. The county was represented, pro bono, by Derek Teaney with Appalachian Mountain Advocates.

Lawsuit (opioid drugs): Fayette County joined with several other counties in West Virginia entering suit against manufacturers and distributors of opioid drugs. We have filed our suit through the law firms of Woelfel & Woelfel along with Greene, Ketchum, Farrell, Bailey & Tweel LLP. The lawsuit will be long term and over the course is likely to get consolidated with similar suits with other counties and possibly other counties and municipalities in other states. While it is a long-term possibility, we will welcome any recovery we can recoup, given the millions our county taxpayers have paid as a result of drug addiction in law enforcement, prosecuting costs, court costs and jail bills.

Mountain Valley Pipeline: In 2014, a consortium of gas companies partnered under the name Mountain Valley Pipeline (MVP) to construct a 300-mile natural gas pipeline from Wetzel County to Pittsylvania County in Virginia. The routing of the pipeline is designated to come through the eastern corner of Fayette County near Meadow Bridge and the Greenbrier and Summers county lines. While the pipeline itself has a minimal length in our county, MVP construction plans for the county include one of three compressor stations along the pipeline route. Compressor stations maintain pressure in the pipeline and cause noise and air pollution.

In August, MVP requested an amendment to the local zoning ordinance in order to proceed with construction. The first hearing was with the Fayette Planning Commission, with the final decision resting with the county commission. After two days of testimony and postponing the rezoning decision until other permits were approved by Federal Energy Regulatory Commission and the West Virginia Department of Environmental Protection, county commissioners reached a unanimous decision to deny the necessary zoning change.

MVP immediately filed suit in federal court in Charleston, challenging the authority of county governments to govern the location of an interstate natural gas pipeline or compressor station.

Infrastructure (water and sewer): Work is nearly complete on the $5,172,127 Winona sewer system, which will significantly help improve water quality in that community and in the New River. This is a unique design which has been several years in the design and funding cycle. Hopefully this will serve as an affordable sewer concept for small communities across the state without access to funding capacity for traditional waste water plants. The project provides wastewater service to approximately 66 new customers.

This year the $1,829,693 water extension to Kanawha Falls and Boonesborough was finally completed. The project provided clean, safe drinking water to 43 households. Given the complexity of crossing the Kanawha River and the railroads, this project went through several design changes. The final design takes the water line under the Kanawha Falls Bridge.

The county has now designated the Armstrong Creek PSD water project as the county's Community Development Block Grant priority project. The $2,399,978 project will replace the Powellton water tank and approximately 19,000 linear feet of existing waterline.

Danese PSD received approximately $3,800,000 from the WV DEP Abandoned Mine Lands grant program for an upgrade to the PSD's Chestnut Knob water system and an extension to Highland Mountain. The project will also extend water service to the Aviagen Turkey Farm.

The City of Mount Hope recently completed water and wastewater service extension to the Boy Scouts of America JW & Hazel Ruby Welcome Center for the Summit Bechtel Reserve. The $1,784,500 project was funded by the City of Mount Hope, the Boy Scouts of America and the WV Infrastructure & Jobs Development Council.

The Town of Pax received a $400,000 Small Cities Block Grant for design of their Willis Branch wastewater extension project. The $2,291,000 project will serve 52 new customers and make improvements to the existing treatment lagoon. The town has received a USDA - Rural Development Grant of $555,000, a USDA - RD Loan of $236,000 and has applied for an additional $1,100,000 Small Cities Block Grant to complete the project.

The City of Oak Hill recently began construction on a sewer upgrade project to eliminate bypasses at the city's wastewater treatment plants, reduce inflow and infiltration into its collection system and incorporate the flows from the Arbuckle Public Service District wastewater treatment plant. The $22,365,211 project is funded by loans from the WV Department of Environmental Protection Clean Water State Revolving Fund and the WV Infrastructure and Jobs Development Council.

Mount Hope Downtown Revitalization/Fayette County Urban Renewal Authority: FCURA has been leading efforts for downtown revitalization and historic preservation in the county, focusing primarily in Mount Hope. A team of local leaders was accepted to the Appalachian Gateway Communities program, and participated in a training program in Georgia in May. Sponsored by ARC and the Conservation Fund, the Gateway program enhances arts- and tourism-based economic development in communities that serve as gateways to important public lands, such as the New River Gorge National River. FCURA and the Gateway team received $12,000 in funding for a downtown walking tour, mural and public art project in Mount Hope. FCURA is also working on an inventory of properties listed on the national historic register that will be used to drive private investment for downtown redevelopment.

Dilapidated buildings: After several hearings the large dilapidated structure known as the Zink Building at the intersection of Route 16 and 19 near Hilltop was finally removed. To date, the county has removed 12 structures. Property owners, following notification by commission, have removed 152 structures.

Montgomery and Smithers: Following the relocation of WVU Tech, the UKV communities of Montgomery and Smithers have been challenged with replacing a large segment of their local economy. The communities lost the revenue generated by Tech students and employees, as well as losing many salaried and hourly positions employed at WVU Tech. WVU is currently undertaking a study to quantify the economic loss to the UKV communities.

Following the WVU announcement, WVU, Montgomery, Smithers and the Fayette and Kanawha county commissions entered into a collaboration agreement, providing assistance and funding from WVU during a transition period. A component of the collaboration agreement is assistance from WVU to develop a comprehensive plan for each community.

Expanding on the comprehensive plan is a strategic initiative to build on the studies provided by Virginia Tech. The plan is focused on existing assets and opportunities as well as the Center for Rural Entrepreneurship. The Center for Rural Entrepreneurship study was provided by a grant to the WV Development Office and Region 4 Planning and Development Council, identifying areas of entrepreneurial opportunity for the UKV.

It is the intent of the leadership of the strategic initiative to hire a full-time director to drive the efforts.

KVC and YMCA on Montgomery campus: Following the departure of WVU Tech, most of the facilities that housed WVU Tech were sold to an organization that will provide training and educational opportunities to youth who age out of the foster care system. The organization, KVC, has many years of experience managing the foster care program in numerous states. The Montgomery campus project will be unique. KVC will partner with BridgeValley CTC in structuring the programs of study. The first KVC students will be on campus in the spring semester of 2018. Furthermore, KVC has facilitated an agreement whereby the YMCA of Kanawha County is operating the Baisi Center as a "Y" facility for the UKV communities and the KVC students.

Boomer Ball Field and lights at Valley High School stadium: Showing years of use, the Boomer ballfield was due several major repairs so it would continue to be a safe place for Valley High School and senior league baseball. The work included repair to fencing, bleachers and drainage. Commission paid for the materials, and local volunteers performed the physical labor.

Two years ago, through a volunteer effort, a new football field was constructed adjacent to Valley High School. Funding for this project was raised through local efforts. Again, the work was performed by local individuals and construction contractors. This past fall, lights were installed with the cost shared by the county commission and local contributions.

Whitlock Farm purchase: The Fayette County Farmland Protection Board (FPB) purchased the 84-acre Whitlock Farm located on Route 16 between Oak Hill and Fayetteville in 2016. The county resource coordinator's office then received a $40,000 grant from the Benedum Foundation, and retained the consulting firm Downstream Strategies to do a feasibility study to determine how the farm could be used to grow the local agriculture economy. The study identified millions of dollars of existing business opportunities in the food and agriculture sector. Consistent with the results of that study, the FPB is currently negotiating with the county's Urban Renewal Authority to develop and manage the farm as an educational facility and business incubator for those who have a desire to start or grow a food- or farming-related business. Planned activities for the property include equipment sharing, technical assistance and training, business coaching, aggregation and distribution for area farmers to get their products to regional markets, leased space for grazing, high tunnels, row crops, and cold storage, agritourism, partnership with regional and local food banks, and more.

Wolf Creek Park/Fayette County Urban Renewal Authority: In February 2017, a new 25,000-square foot office complex for the West Virginia Department of Environmental Protection Agency was completed at Wolf Creek Park. This is now the largest facility in the park. Bridge Brew Works, the park's longest-standing tenant, recently broke ground on an expansion.

In June 2016 the FCURA partnered with the West Virginia National Guard in clearing and grading an additional eight acres of flat, fully developable property with road and utility access across from the new DEP facility. In addition, two 2-acre sites have been opened up near the park entrance. These sites provide easy access to existing road and utility infrastructure and are suitable for smaller developments that don't need a clear-cut site.

Through a partnership with the New River Gorge Trail Alliance, and with funding from the Appalachian Regional Commission, almost 15 miles of recreational trails are being designed for Wolf Creek Park and will be built in 2018 including connector trails to Fayetteville, the Whitlock farm, and Needleseye Boulder Park.

Broadband application grants: Over the past year and half we have been exploring options to bring high-speed, affordable broadband to our county. Access to broadband is crucial to business development, education, health care and day-to-day life. We have entertained discussions with City Net and Lumos, two companies that install broadband infrastructure and provide internet service. Our initiative became more feasible when the state reallocated over $1 million in existing Community Development Block Grant funding to provide local grants to further the deployment of broadband in West Virginia. The county applied for a $30,000 planning grant to assess technology options and costs for "last mile" infrastructure in the county, which will connect "middle mile" fiber networks to the destination home or business. Fayette is also part of a grant application submitted by Region 4 Planning and Development Council on behalf of five counties in southern West Virginia. This grant, if approved, will provide a study for the deployment of the "middle mile," fiber infrastructure that brings broadband into communities.

On a personal note: Throughout our county we all mourned the loss of Steve Kessler, our friend, neighbor and sheriff who passed away this past summer. He served his fellow man in any way he could. A fitting tribute, his was perhaps the most moving funeral, funeral procession, and burial I have witnessed.

Wender is the Fayette County Commission president.