December Trial Set for Lawsuit Against Ex-Mingo Judge

A former secretary's lawsuit against former Mingo County Circuit Court Judge Michael Thornsbury is scheduled to go to trial in December.

Judge Tod Kaufman set a Dec. 15 trial date during a hearing Wednesday in Kanawha County Circuit Court.

Kim Woodruff's lawsuit alleges that Thornsbury sexually harassed her and wrongly fired her.

Thornsbury pleaded guilty last October to federal charges of conspiring to deprive a convicted drug dealer of his constitutional rights. He resigned from the bench and is scheduled to be sentenced April 21.

Kaufman said a deposition from Thornsbury in the civil case can wait until after he is sentenced. Thornsbury's lawyers had requested the delay.

Flu Activity Widespread in W.Va.

Flu activity is widespread in West Virginia and a state epidemiologist says this year's season could be severe.

Widespread activity means increases in flu-related outpatient visits, lab-confirmed flu cases and incidents of influenza outbreaks have been reported in at least half of the state's eight surveillance regions.

Bureau for Public Health epidemiologist and influenza coordinator Shannon McBee says there's no sign that flu cases are declining.

McBee says that physician reports to the state's surveillance system show 4.5 percent of all visits are for "influenza-like-illness."

Several adult flu-related deaths have been reported in Cabell and Putnam counties.

One pediatric death has been reported in Jefferson County.

Flu season typically peaks sometime in January or February.

Baisden sentenced to 20 months in prison; federal prosecutor disappointed

Inside the courtroom it was cut and dry, outside the U.S. Federal Courthouse it was like a circus.

Former Mingo County Commissioner David Baisden, 67, was sentenced Wednesday in federal court in Charleston after pleading guilty back in October to extortion.

As he left the courthouse Wednesday morning, Baisden was surrounded by friends and family who tried to stop the media from taking any photos of Baisden or asking him any questions by pushing and shoving reporters and photographers and in several cases making threats.

Judge John Copenhaver said he took into account Baisden’s crime, the impact it had on the community, his health concerns and all the good works he’s done for the people of Mingo County when sentencing him to 20 months in prison and paying $7,700 in restitution to two companies.

Baisden said in court, “I sincerely apologize to Appalachian Tire, the citizens of Mingo County, the Mingo County Commission, poll workers, family and friends.”

He told the judge, “All my life I wanted to help people. Look at my lifelong achievements, not my mistakes.”

Baisden had two character witnesses testify about those good works, like buying shoes for children who didn’t have any and paying out of pocket to buy the lumber to rebuild a bridge for a widow on a limited income.

His attorney also pointed out more than 1,000 people in Mingo County signed a petition supporting Baisden.

U.S. Attorney Booth Goodwin said he’s disappointed with the sentence.

“Justice absolutely cannot be a popularity contest!”

He wanted the judge to sentence Baisden to prison for the maximum under sentencing guidelines, anywhere from 24 to 36 months.

“We need to promote respect for the law. We need to send a very clear message that this can’t happen, especially in an area that’s been plagued with systemic corruption,” according to Goodwin.

Baisden has until April 4 to self-report to prison. The judge granted him 60 days to take care of some health problems before he begins his time behind bars. The judge said he might consider an additional 30-day extension if more time for treatment is needed. Baisden’s specific health problem was not discussed in court.

Baisden is the first of three former Mingo County elected officials to face sentencing after pleading guilty to corruption charges.

Baisden, who served as the county purchasing agent, admitted he demanded Appalachian Tire to sell him tires for his personal vehicle at the same price they were giving the county to put tires on their vehicles. Appalachian refused and lost the county contract to supply tires for the Mingo County fleet.

Baisden was ordered to repay Appalachian Tire $5,480 and Goodyear $2,236. That will be paid in 36 installments.

Two others who pleaded guilty to criminal conspiracy charges in Mingo County, former prosecutor Michael Sparks and former Mingo County Circuit Judge Michael Thornsbury, will be sentenced in March.

Increase in minimum wage moves in House

The House of Delegates Industry and Labor Committee has overwhelmingly approved legislation raising West Virginia’s minimum wage.

Under the bill, the minimum wage would rise from the current $7.25 an hour to $7.85 an hour July 1st and then rise again to $8.25 in July 2015.

Union members packed the cramped committee room Wednesday afternoon and looked on as lawmakers debated the bill before passing it on to the House Finance Committee on an 18-2 vote.

Bill supporters say the increase is long overdue.  West Virginia has not increased its minimum wage since 2008.

Delegate Meshea Poore (D-Kanawha) said raising the minimum wage will help people struggling to pay their bills.  “You have single family homes and that’s going to do a lot of good for the mother who’s trying to provide for her family.”

Delegate Troy Andes (R-Putnam) voted against the bill, saying it should be up to the employer and the employee to decide wages.  He also said labor leaders who arranged for the committee room to be packed were engaged in “political theater.”

Man shot and killed by police in Logan County

An investigation is underway after a State Police Trooper shot and killed a man Wednesday afternoon in Logan County.

The shooting happened at about 1:30 p.m. in the Briar Branch community near Harts Creek.

State Police spokesman Lt. Michael Baylous said a trooper was dispatched to the home of Curly Spry after getting reports he was standing outside with a gun and threatening to commit suicide.

Baylous said Spry, 42, made the first move.

“Mr. Spry had a handgun and he raised it and pointed it at the trooper and he left the trooper with no other action to take other than to respond with deadly force.”

Baylous said he’s not sure if it was a suicide by cop case.

“It probably happens more than we realize. Many times, for whatever reason, people have the intent to commit suicide and can’t go through with it and they get the police involved with it,” Baylous said.

Breastfeeding bill advances

The House of Delegates Health Committee has passed a bill (H.B. 4335) legally establishing a woman’s right to breastfeed in public.  West Virginia is one of the only states that does not provide for that protection in code.

The legislation  has been introduced a number of times in recent years, but has failed to clear both houses.  During Wednesday’s committee meeting, Del. Barbara Fleischauer (D-Monongalia) urged lawmakers to approve it.

“The best food for the baby is breastfeeding,” Fleishauer said, and she blamed advertising for discouraging women from breastfeeding.

“We have had a lot of advertising for years, trying to convince women to use formula instead of the best food for the baby,” Fleischauer said.

As proposed, the bill says a mother may breastfeed in any location open to the public, provided that the mother uses discretion.

The bill now goes to the House Judiciary Committee.

Sissonville Trailer Fire Deemed Suspicious

Firefighters in Sissonville are describing a mobile home fire that started early Tuesday morning as suspicious.

Investigators say the fire started about 4 a.m. at a trailer in the 1000 block of Wildwood Acres Drive and that it appears suspicious because there wasn't any electricity connected to the building.

Firefighters say neighbors told them that the mobile home had been scheduled to be torn down on Wednesday.

There are no reports of any injuries. The cause of the fire remains under investigation.

Governor looking for money for water crisis

Gov. Earl Ray Tomblin said the water crisis has hurt businesses, non-profits and even state government. That’s why he’s appealed to FEMA and the Small Business Administration to give West Virginia a hand.

The January 9 chemical spill at Freedom Industries into the Elk River in Charleston  impacted more than 100,000 West Virginia American Water Company customers.

Tomblin said restaurants were hardest hit. They couldn’t reopen until they had a non-contaminated source of water. He urged the SBA to come up with alternative funding sources.

“We need to get approval so that loans will be available for them and grants to help them out. Obviously, maybe they could do more then to help out their employees who have lost wages during this period,” according to the governor.

He said the state could also use a helping hand from FEMA.

“We’ve spent a lot of state money making sure that people have water. [Water] testing has been very expensive,” stated Tomblin.

He said the West Virginia National Guard has been part of a team checking the water quality in towns from Charleston to Culloden, for MCHM and PPH. Reimbursing that money would lift a financial burden off a state that’s already cut back its budget.

As for more shipments of water, Tomblin doesn’t believe FEMA will be sending any additional trucks. He said now that the crisis is over and the water approved for consumption, people are starting to find confidence in their taps.

The federal government and state provided more than 11-million bottles of water to Kanawha County alone during the crisis. Tomblin estimated more than 20-million bottles were handed out in the nine-county area impacted by the crisis over 11 days.

False claims legislation back before House members

Supporters of a bill that encourages lawsuits by private citizens against government for fraud are trying to renew momentum for the legislation.

The “false claims” bill (H.B. 4001) quickly passed the House Judiciary Committee in the opening days of the session, but hit a roadblock before the full House when business leaders raised concerns.

Under so-called “qui tam” legislation, citizens would be able to file suit against the state government, or companies doing business with the government, alleging fraud. If they win, they get a percentage of the settlement money.

State Chamber of Commerce President Steve Roberts has called it a “sue-and-settle” bill and a boon to trial lawyers.  However, during a public hearing Tuesday, Patrick Burns of Taxpayers Against Fraud said the whistle blower suits hold the government and companies responsible for wrongdoing.

“Getting caught shouldn’t be, ‘Oh, we just got caught.  We’ll just have to pay back what we stole.’  If you do that then you have incentivized fraud.  If you hit them with trouble damages, then you disincentivize fraud,” Burns said.

Burns also dismissed concerns that the law will produce a rash of frivolous lawsuits by trial lawyers.

“They really understand it’s going to take years to move litigation and so they’re only going after the big fish,” he said.

Delegate Marcum Seeks to Bring Fairness to School Takeovers

On behalf of the residents of Mingo County who have grown frustrated at the state Board of Education’s insistence on maintaining control of the county school system despite still not producing the desired improvements, Delegate Justin Marcum has introduced a bill to remedy the situation.

“Mingo County schools have not been treated fairly by the state Board of Education,” Delegate Marcum said. “I want to ensure that in the future, the Mingo County Schools receives due process. If the State Board cannot do the job, let’s give the control to the elected members of our local school board.”

House Bill 4336  gives the State Board of Education no more than five years to improve any school or school system under its control. If the state board seeks to take control of the school or school system again with three years of control being relinquished, the bill requires that a public hearing be held.

“Over the course of the past 15 years, the State Board has seized control of our local school system twice, but has been unable to provide proof of true improvements,” Marcum said.

House Majority Leader Harry Keith White, also of Mingo County, co-sponsored this legislation.

“Mingo County citizens deserve to have their voices heard by the members of the local board we all elect,” the Majority Leader said. “It is important we have local leaders moving Mingo County Schools forward.”

HB4336, which will be applicable to all counties in the state, is also sponsored by House Education Chair Mary Poling and Education Vice Chair David Perry, and Delegates Mike Ferro, David Pethtel, Clif Moore, Doug Reynolds, Mike Caputo, John Pino and Jason Barrett.

Delegate Marcum said the bill is generating a lot of interest at the Capitol because so many counties have experienced the same problem.

“We can’t even buy a pencil without state approval, and that is simply unfair and unjust,” Marcum said.

The bill, which has been referred to the House Education Committee, can be viewed by going to www.legis.state.wv.us , clicking on “Bill Status” and entering 4336.

Sentencing time for former Mingo County commissioner

The first of three former Mingo County elected officials convicted last year on federal criminal charges will be sentenced Wednesday. A hearing is scheduled for 10 a.m. for former county commissioner David Baisden.

Baisden, 66, of Delbarton, pleaded guilty last October to extortion. He used his position as purchasing agent for the county commission to pressure Appalachian Tire Company to give him the same reduced price on tires on his personal vehicle that the company gave to the county for its vehicles. Baisden threatened to take the county’s business elsewhere unless the company complied.

Appalachian Tire did not and Baisden did take the business to another company. At least one of Baisden’s threats was left on a company answering machine.

Baisden faces 24 to 30 months in prison under the federal sentencing guidelines. He’ll be sentenced by U.S. District Judge John Copenhaver.

Baisden has also been mentioned in the case involving former Mingo County Circuit Judge Michael Thornsbury and former county prosecutor Michael Sparks who told Delbarton sign maker George White to switch attorneys and they would give him a better deal on a drug charge. White was talking with federal investigators about the alleged drug habits of former Mingo County Sheriff Eugene Crum.


Thornsbury and Sparks have pleaded guilty in connection with that investigation and are scheduled to be sentenced later this year.

Trooper saves choking man

A Parkersburg man calls Morgantown State Police Trooper Corporal J.E. Baker his guardian angel sent by God.

Cpl. Baker was having lunch at the Eat’n Park Restaurant on Patteson Drive in Morgantown Tuesday afternoon when he heard a lady scream. He went to that area of the restaurant and noticed a man choking. Ian Coffman, 35, of Parkersburg, was holding his neck and turning blue in the face.

Cpl. Baker immediately administered the Heimlich maneuver. The food dislodged from Coffman’s throat and he began breathing again.

Coffman later said he was about ready to pass out when the Cpl. Baker moved in.

Kanawha police investigating woman’s death

Police in Kanawha County are treating a woman’s death as suspicious.

The body of Nancy Burdette Lynch, 66, of St. Albans was found inside her Jefferson Ave. home Sunday night. Police said several friends became concerned because they hadn’t heard from Lynch for a few days.

Investigators said Monday they currently don’t have a cause of death neither do they know how long Lynch had been dead.

Both the Special Enforcement Unit of the St. Albans Police Department and the Kanawha Bureau of Investigation are working the case.

New task force focuses on drug trafficking in three counties

A new law enforcement group — a cooperative effort made up of local, state and federal officials — has already started its work in part of West Virginia.

Members of the Mountain Region Drug and Violent Crime Task Force are focusing on the investigation and prosecution of drug trafficking crimes in Randolph, Tucker and Pocahontas counties.

“It’s really a great day for law enforcement in this region because this area has never had a unit quite like this one that’s going to come together, share intelligence, share resources and go after drug trafficking organizations,” said Bill Ihlenfeld, U.S. Attorney for West Virginia’s Northern District.

“We see drugs from Detroit and Pittsburgh and Baltimore coming to this part of the district and this part of the state, so we decided we should do something about it.”

Ihlenfeld joined other county-level prosecutors and law enforcement officers in both Elkins and Parsons on a snowy Monday to formally announce the task force which was first created last fall, but is only going public now following federal indictments last week which are tied to the task force’s investigations.

“What’s unique and important about this group is that it brings together, like we see in some other parts of the district, federal, state and local agencies all coming together to fight the common fight against drug trafficking organizations,” Ihlenfeld said.

The following people were indicted last week and many were already in police custody by Monday:

- Robert Franklin Davis, II, 35, of Buckhannon who is charged with 35 counts related to meth manufacturing

- Brandon Michael Beeson, 27, of Elkins who is charged with 20 counts related to meth manufacturing

- Jamie Nicole Chidester, 25, of Buckhannon who is charged with 16 counts related to meth manufacturing

- Chad Preston, 34, of Elkins who is charged with distribution of hydrocodone and cocaine and possession with intent to distribute oxycodone

- Keith Poteete, 48, of Elkins who is charged with three counts of distribution of buprenorphine and one count each of distribution of hydrocodone, distribution of cocaine and maintaining a drug-involved premise

- Jason Dwight Mackenzie, 32, of Elkins who is charged with one count of distribution of buprenorphine

- Jonathan Healey, 30, of Beverly who is charged with three counts of distribution of buprenorphine, one count of aiding and abetting the distribution of cocaine and one count of the use of a communication device to facilitate a drug felony

- John A. Boyles, 30, of Kerens who is charged with a count of distribution of crack cocaine and two counts of possession with intent to distribute crack cocaine

- Arica M. Boyles, 26, of Kerens who is charged with one count of distribution of crack cocaine and two counts of possession with intent to distribute crack cocaine

The Mountain Region Drug and Violent Crime Task Force does operate a 24/7 hotline so community members can share information about drug activity at 304-636-TIPS (8477).

In addition to the U.S. Attorney’s Office, the participating agencies include the U.S. Forest Service, the U.S. Drug Enforcement Administration, State Police, the Randolph County Sheriff’s Department, the Randolph County Prosecuting Attorney’s Office, the Tucker County Sheriff’s Department, the Tucker County Prosecuting Attorney’s Office and the Pocahontas County Prosecuting Attorney’s Office.

Freedom revises leak number to 10,000 gallons

Freedom Industries told the state DEP Monday it’s redone its calculations and now believes 10,000 gallons of Crude MCHM and PPH leaked from its 35,000 gallon storage tank along the Elk River in Charleston that touched off the nine-county water emergency.

The original estimate soon after the leak was detected on Jan. 9 was 2,000 to 5,000 gallons but then Freedom upped that amount to 7,500 gallons a few days later before Monday’s new number.

“We are not making any judgment about its (estimate) accuracy,” state DEP Secretary Randy Huffman said in a news release. “We felt it was important to provide to the public what the company has provided the WVDEP in writing. We are still reviewing the calculation and this is something that will be researched further during the course of this investigation.”

Huffman added it’s not known how much of the 10,000 gallons made it into the Elk River. Freedom said it has recovered 1,272 gallons of the blended chemicals in absorbent booms and other control devices.

DEP received the new information from Freedom in response to the agency’s order that the company provide the methodology in which it calculated how much of the chemicals had leaked.


There was Crude MCHM in three of the 17 tanks at the Freedom site. All of the material has been removed and transferred to the company’s Poca Blending site in Nitro. Gov. Earl Ray Tomblin has ordered all 17 tanks at the Elk River site demolished beginning no later than March 15. Freedom has agreed not to appeal the order.

Man with Grenades show up at State Police Barracks

A bomb squad was called in Monday afternoon after a man brought a box of grenades to the West Virginia State Police barracks in Huntington.

Kenneth Spears says he bought four military boxes outside a flea market in Ashland on Saturday that he intended to put tools in.

Spears says he looked in one of the boxes Sunday night and, very much to his surprise, saw there were four grenades inside.

Not knowing what else to do, Spears pulled in at State Police barracks about 1 p.m.

Troopers say he called just as he was pulling in.

A bomb squad from Charleston was called to the scene. The grenades have now been removed and disposed of, Sgt. Greg Losh says.

Losh says it was determined those were training grenades, but still potentially dangerous, especially if they were to go off in a moving vehicle.

Losh says if you ever come across anything like this, don't do what this man did.

“If you come across that, don't bring it to a public place,” Losh said. “Don't bring it to the State Police barracks. Call us. We'll come take care of it. We'll come to you."

Spears was free to go and got to keep the boxes.

Troopers say it's not clear yet if any laws were broken. 

Tomblin seeks more assistance for water emergency counties

Gov. Earl Ray Tomblin sent both FEMA and the Small Business Administration letters Tuesday seeking additional assistance in connection with the nine-county water emergency.

Tomblin asked FEMA for Direct Funding Assistance for state and local governments and eligible non-profit agencies in the nine counties.

“At the time of the Emergency Declaration, no one knew how long this assistance would be needed,” Gov. Tomblin wrote. “The response to the Elk River chemical spill is ongoing and many of our agencies continue to work hard to recover from this spill. I urge FEMA to modify the current emergency declaration so eligible expenditures by our first responders, state and local governments and non-profit agencies can be reimbursed.”

The governor also asked the SBA to provide assistance to small businesses and private, non-profit organizations.

“Businesses suffered revenue losses as a result of the West Virginia American Water’s DO NOT USE order in addition to local employees who lost wages,” Gov. Tomblin said. “This event caused significant disruption to businesses in the affected areas.”

Tomblin said businesses, many of them restaurants, also had the shoulder the costs of clean-up in order to get approval from the health department to reopen.

Two men killed with scope rifle

Two men are dead, a third behind bars charged with murder in a Saturday afternoon shooting.

Sixty-three year-old Rodney Black called 911 saying two men were trying to break into his outbuilding and that he had shot them. When deputies arrived on scene at the home on Old Crow Drive, they found two men lying in the snow next to a pick-up truck dead.

Black allegedly used a scope rifle to fire the shots out a window of his home.

Investigators determined that the outbuilding did not belong to Black and that the men had every right to be there.

The victim’s names have not been released.

Black was taken into custody and charged with 2 counts of first-degree murder. He’s being held at the Western Regional Jail without bail. Investigators said Black has been cooperative.

Delegate recovering from gunshot wound

A Monongalia County Delegate was shot Saturday at his home in Morgantown. Tony Barill was hospitalized at Ruby Memorial early Saturday for a gunshot wound to the ankle.

House Speaker Tim Miley was told by a family member that Barill was at home when he was accidentally struck by an errant bullet fired from another room by his son, Brad.

First Class Stamp Price rises to 40 cents

It's going to cost you a few pennies more to mail a letter.

The cost of a first-class postage stamp is now 49 cents - 3 cents more than before.

Regulators approved the price hike in December, and it went into effect on Sunday.

Many people won't feel the increase right away: Forever stamps are good for first-class postage at whatever the future rate.

The last increase for stamps was a year ago, when the cost of sending a letter rose by a penny to 46 cents.

The Postal Service lost $5 billion last year and has been trying to get Congress to let it end Saturday delivery and reduce payments on retiree health benefits.

Senate close to approving tank regulatory bill

The bill that would create regulations for above ground storage tanks will likely make it out of the state Senate this week.

It was written to address sites similar to the tank that leaked along the Elk River on Jan. 9 and sent crude MCHM and PPH into the water supply for 300,000 West Virginians.

For storage tanks that sit within 25 miles of a water intake or other areas deemed “critical zones,” the Senate bill tasks officials with the state Department of Environmental Protection with handling the annual inspections.

The bill also requires public water systems to have emergency plans in place for possible future water contamination.  The Senate Judiciary Committee pushed back the deadline for compliance for some smaller systems to July 2015.

SB 373 was scheduled to be taken up on second reading, meaning possible amendments, on the Senate floor on Monday.  It could get final approval from the Senate on either Monday or Tuesday.

Could water scare cause rate hike

Many customers of West Virginia American Water have a lot of questions since the chemical spill which contaminated the water source of 300,000 people. Among those is whether the water emergency will cause their monthly water bill to increase.

“I’ve heard everything possible and seen everything possible in the discussions in the paper,” said Public Service Commission Chairman Mike Albert. “If we are called to do anything, I want people under oath and sitting in front of me.”

Albert was asked about the possibility of a rate hike proposal during a meeting with a legislative committee last week.  Any rate hike imposed would need the approval of the Commission, but Albert said it’s unclear if that request will be posted. He added if it is, it won’t be anytime soon.

“With the lawsuits being filed, I think it’s a factor of life when these things get started it makes it more difficult to get information from people,” he said. “They will not be filing no sooner than the end of 2015 or the beginning of 2016 before there’s any rate impact.”

Albert said if the company filed for the rate increase the commission would go through the same process they always use.  He told lawmakers given the circumstances and the information now available he didn’t know if there would be a case for raising rates.

Smoke Detector credited for saving a Pike County family

Last year after several fire related deaths, fire officials in Pike County were on a mission to make sure every home had working smoke detectors. Officials say one of those detectors handed out has already saved lives.

A fire broke out in the home of Mark Wolford early Saturday morning. His home equipped with working smoke detectors handed out as part of an effort last year by the Pike County Firefighters Association to save lives and property.

The alarm woke the family up, allowing them time to get out of the house and call 911.

Fire officials say this is a perfect example as to just how important working smoke detectors are.

Medical Marijuana Bill Introduced in West Virginia

At the West Virginia State Capitol a controversial bill is now up for debate.

West Virginia Delegate Mike Manypenny (D-Taylor) introduced a bill Thursday that would allow people with debilitating medical conditions, such as cancer, multiple sclerosis, and HIV/AIDS, to use medical marijuana if a doctor recommends it.

The legislation would also establish a state regulated system from marijuana growing and distribution centers.

Twenty states and the District of Columbia have adopted laws that allow people with certain debilitating medical conditions to use medical marijuana with a recommendation from their doctors.

Highway Fatalities in W.Va. Drop in 2013

Highway fatalities in West Virginia are continuing to decline.

The West Virginia Southern Regional Highway Safety Program says 325 people were killed in accidents on West Virginia's highways in 2013. That's down from 338 in 2011 and 339 in 2012. The lowest number of highway fatalities is 315 in 2010.

Safety program coordinator Lt. Paul Blume says two laws passed in 2013 contributed to the latest decline. One makes a driver's failure to wear a seat belt a primary offense. The other makes texting or using a handheld cellphone while driving a primary offense.

A primary offense means a driver wouldn't have to be stopped for another violation first.

Fire Destroys Logan County Home

A fire destroyed a home in Logan County, West Virginia.

The fire happened along Crooked Creek Road.

Firefighters say they have not been able to determine what started the fire.

Flames were shooting from the windows and roof when they got on scene.

No one was home when the fire broke out.

Lottery revenues dip amid water-contamination emergency

West Virginia Lottery director John Musgrave said the water-contamination emergency led to a dip in revenues.

Musgrave said Thursday lottery officials were compiling the final numbers but the Mardis Gras Casino in Kanawha County and the locations with Limited Video Lottery machines in all nine counties took a hit while the do-not-use water order was in effect.

Mardis Gras endured water issues that were related to both the contamination emergency—which began Jan. 9 with a chemical spill on the Elk River—and the polar vortex that created sub-zero temps a few days before the spill.

“They had some revenue losses,” Musgrave said.

Community bars and Hotspot-like businesses licensed to operate video lottery machines also took a hit.

Musgrave said Thursday he’ll know soon how much money was lost.

“We’ll compare those days with the days of the previous months and kind of get an idea of what the loss will be,” he said.

December revenue numbers released by the Lottery Thursday show Racetrack Video Lottery dropped another $6 million from December 2012 revenue. Racetrack Video Lottery was down approximately $30 million this fiscal year.

The financial numbers show Limited Video Lottery and Table Games revenues were also down $10 million each so far this budget year.

The lottery reported $664 million in revenues through the first six months of the previous budget year, while this year total revenues stand at $612 million.

Storage tank bill rolling through Senate

A bill that would regulate above ground storage facilities in West Virginia will next be taken up by the full Senate following passage Thursday evening by the Senate Judiciary Committee.

The measure, introduced following the Jan. 9 chemical leak that resulted in a water emergency for nine counties, requires an annual inspection and certification by the state Department of Environmental Protection at each storage site.

The bill also includes a requirement that public water systems have emergency plans on file. The committee pushed back the requirement for some smaller systems until July 2015. Mercer County Sen. Bill Cole expressed concern the initial requirement may hurt smaller public service districts.

DEP Secretary Huffman told the committee annual inspections of tanks would be significant.

The bill being considered is not Gov. Earl Ray Tomblin’s bill that was introduced this week but the governor supports it. His deputy chief of staff Jason Pizatella said the bill was a joint effort.

The bill will now be taken up on the Senate floor.

PPH testing shows “No Detect”

The state DHHR and state Department of Military Affairs and Public Safety announced Thursday evening initial testing for the chemical PPH in the West Virginia American Water system following the Jan. 9 leak came up non-detectable.

 “These results indicate no health concerns, based on the latest guidance provided by the U.S. Centers for Disease Control and Prevention,” the agencies said.

Freedom Industries disclosed 12 days after the Jan. 9 leak that PPH was a second chemical that was in the storage tank that also contained Crude MCHM.

The agencies said the testing team retested 30 samples initially taken Jan. 10 at the WVAWC plant and all 30 showed “No Detect” readings.

Needed parks funding moving forward at statehouse

The state Senate took a step Wednesday to provide critical funding to the West Virginia Parks system.

The Senate passed SB 346 that will take $48.5 million from state Lottery profits and allocate $6.5 million to the park system. More than half of that total, $3.7 million, will help Canaan Valley State Park and Resort. The remaining $2.8 million would fund day-to-day operations of the parks system.

Senate Finance Committee Chairman Roman Prezioso told fellow senators the rest of the money, more than $41 million will go toward Medicaid, senior services, and the Lottery’s senior citizens fund. Prezioso said the funding for Medicaid is needed because of a revenue shortfall in the current state budget.

“Actually what this supplemental does is it makes Medicaid whole again in this year’s existing budget,” Prezioso said.

State Revenue Secretary Bob Kiss said a number of issues have combined to put the parks system in a budget crunch.

“They simply have not had the resources to run the park system the way they are running it,” Kiss said.

He said the legislature would have to approve the additional money by the end of January to avoid shutdowns and layoffs.

State Commerce Secretary Keith Burdette said the funding at Canaan Valley is needed because of the delay in finishing the new lodge.

Canaan Valley Resort General Manager David Herscher said the money would be a big help.

“We were delayed a little bit just from weather conditions early in the process and the renovation and this is going to help supplement us as we move forward,” he said. “It will help us provide wonderful service that repeat guests have come to know and the new ones will enjoy.”

The bill now goes to the House of Delegates for consideration.

Freedom Industries: Only two chemicals in leaking storage tank

Freedom Industries told the state environmental officials Wednesday night that only two chemicals were in the storage tank that leaked into the Elk River Jan. 9.

The Department of Environmental Protection ordered the response after Freedom Industries president Gary Southern revealed Tuesday the chemical PPH was in the tank along with the previously known crude MCHM. That information came 12 days after the leak sparked a water emergency for residents in nine counties.

State DEP Secretary Randy Huffman said having the revelation this far into the water emergency was “completely unacceptable.”

“We have ordered Freedom to reveal any other information they have regarding the contents of the tank that leaked,” Huffman said. “Having to order them to provide such obvious information is indicative of the continued decline of their credibility.”

Southern sent a letter to the DEP by the 4 p.m. Wednesday deadline, explaining that PPH is added as an “extender” to crude MCHM, which is available only in limited, sporadic quantities.

Southern said the tank had 88.5 percent crude MCHM and 7.3 percent PPH.

West Virginia American Water Company officials also announced Wednesday afternoon that ongoing water sampling shows “non-detectable or extremely low levels of MCHM in water samples gathered systematically through the Kanawha Valley water distribution system.”

Senate moves on firming up agriculture loan program

Legislation aimed at tightening up a longstanding loan program administered by the state Department of Agriculture advanced to the Senate floor in Charleston this week. A legislative audit of the Department of Agriculture revealed problems and discrepancies.

“This clarifies the rules have be done and the Department of Agriculture has to tighten up the structure within certain guidelines we put in place based on the post audit report,” said Senate Agriculture Committee Chairman Ron Miller of Greenbrier County.

The audit gained attention when Senate President Jeff Kessler and House Speaker Tim Miley indicated plans to forward the findings onto federal prosecutors for further investigation. The move hinted there was suspicion of illegal activity although no accusations were made.

Former State Agriculture Commissioner Gus Douglass adamantly denied any wrongdoing or mishandling of the loans during his tenure.

“They found there were discrepancies, maybe not illegal discrepancies, but discrepancies in the loan process,” said Miller. “This loan started in the 50s and in the 50s it was done by handshake.  This tightens it up and makes it fit modern banking standards.”

Miller said Senate Bill 350 will also strive to keep the money in the agriculture community.

“We think it’s important to keep this money flowing in projects involving agriculture,” he said. “It’s not just for farms, but it’s also for infrastructure for other projects as they relate to agriculture.” 

Two tank bills moving in Senate

The Senate Judiciary Committee will be the next stop for legislation that would create regulations for all above ground chemical storage facilities in West Virginia.

On Wednesday, the Senate Natural Resources Committee approved SB 373 with little discussion.  It’s a bill Senate Majority Leader John Unger (D-Berkeley) introduced last week in response to the Jan. 9 chemical leak on the Elk River in Kanawha County.

A mixture of crude MCHM and PPH leaked from a storage tank belonging to Freedom Industries and was carried downstream to the intake for West Virginia American Water Company’s Kanawha Valley Water Treatment Plant.  The facility provides water to 300,000 people.

“If you have an above ground storage facility of liquids, then you need to register and have regular inspections,” Unger has said of the proposal.

Governor Earl Ray Tomblin has offered a different proposal that was introduced in the Senate on Wednesday and also sent to the Senate Natural Resources Committee for consideration.

The West Virginia Source Protection Act, SB 417, would require registrations and annual inspections only for above ground sites storing chemicals in areas categorized as “zones of critical concern,” including those upstream from water intakes.

The bill would also mandate that water companies have contingency plans for water emergencies.

Senator Bill Laird (D-10, Raleigh), chairman of the Senate Natural Resources Committee, said it’s up to legislators to work out the details.

“Our responsibility will be to take the best components of each bill to craft legislation to ensure that things like this do not occur in the future,” said Laird.

“We want to know where these tanks are, what’s in them and how to make sure that proper steps are taken to ensure that the integrity of those storage tanks is maintained.”

The 2014 Regular Legislative Session continues through Saturday, March 8.

Another Chemical Found in Elk River

Another chemical was found in the Elk River after the massive spill that happened Jan. 9 and led to a several-day water usage ban for more than 100,000 West Virginia American Water customers in parts of nine counties.

The chemical is called PPH and is used in conjunction with the MCHM that already had been identified. MCHM is used to clean coal, and PPH makes it even more fluid.

State Homeland Security officials learned the information Tuesday morning after Freedom Industries, the company responsible for the leak, handed over some documents.

The chemical has not been detected in tests that have been conducted by the U.S. National Guard.

Gov. Earl Ray Tomblin's staff is still waiting to get information from the Centers for Disease Control.

At this point, officials say no new water bans or restrictions have been put into place as a result of this new information.

Up to $4 Million load approved for West Virginia Chemical Spill Company

Attorneys for the company behind West Virginia's chemical spill said in federal bankruptcy court Tuesday that they've secured a deal for up to $4 million in credit to continue operations.

Mark Freelander, an attorney for Freedom, released key details. He said the arrangement reached after an hours-long court hearing would allow Freedom Industries to continue paying its employees and top vendors and also provide funds to cover for environmental cleanup from a Jan. 9 chemical spill in the Elk River.

The spill contaminated water supplies for some 300,000 people in West Virginia.

The agreement with a lender comes after Freedom Industries President Gary Southern said earlier Tuesday that the company had already paid about $800,000 last week to remediate environmental damage from the spill.

Dealing with Cancelled School Days

The threat of snow means the chance for more canceled classes, especially in places where the water ban canceled class for more than a week.

Kids have been in class in Kanawha County just two and a half days since Christmas.

Officials say they'll likely need the State Department of Education to extend the school calendar to get in all 180 days.

School officials say when school does resume they will be using bottled water for drinking and food preparation in all schools because there's still a lot of concern from parents about the status of the tap water.

CWA-Frontier extend contract again

The Communication Workers of America and Frontier Communications are extending their contract for a third time.

The two sides announced Sunday the old deal would continue through April 5 while negotiations proceed. .

The current contract expired August 2 but when a deal couldn’t be reached was extended through October 12 and then through January 18.

The union said both sides still have several issues to iron out. It also said the recent water emergency slowed contract talks for a few days.

The contract covers about 1,600 Frontier employees in West Virginia.

WVAW president says water may stink for a while longer

West Virginia American Water Company President Jeff McIntyre cannot predict when the smell of the chemical MCHM will be completely gone from the tap water in parts of nine West Virginia counties.

McIntyre said water throughout WVAW’s system continues to test well below the suggested “safe” health level from the Centers for Disease Control, one part per million, even though it still stinks of licorice, when running out of faucets, in many areas.

The last do-not-use water order from WVAW was lifted on Friday, a week and a day after it was first issued following a Jan. 9 leak of the coal processing chemical from Freedom Industries into the Elk River in Charleston which is the source water for the Kanawha Valley Water Treatment Plant.

Since all customer zones were cleared, McIntyre said flushing work has resumed at that plant and will move out from there in an attempt to completely push the chemical from the water distribution system that services more than 300,000 West Virginians.

McIntyre said he is drinking the water, despite the smell, but he admitted he cannot force anyone else to do so.

Hunters Kill 2,682 Black Bears in W.Va. in 2013

West Virginia hunters killed 2,682 black bears last year during the archery and firearms seasons.

The Division of Natural Resources says it's the fourth time in the past five years that the kill has topped 2,000. The record of 2,691 was set in 2012.

Hunters killed 851 bears during the archery season and 1,831 during various firearm seasons.

Wyoming County led the way for archery hunters with 75 bear kills, while Randolph County was first in firearms kills with 245.