Keystone Drive residents concerned with property buyouts at Yeager slide site

Keystone Drive area residents expressed their concerns at Yeager Airport’s board meeting Wednesday, following the massive hilltop slide earlier this month that damaged homes and forced them to evacuate.

“You can replace roads, but you can’t replace lives,” said airport board chairman Ed Hill, when discussing their efforts to take care of folks living in the the area, immediately.

Jay Goldman, Charleston real estate appraiser and former mayor, was hired by the Kanawha County Commission to provide free home appraisals to Keystone Drive residents.

Goldman began contacting residents of the affected area to get permission to inspect and appraise damaged homes and properties. Rick Atkinson, director at Yeager Airport, said he is very pleased with the county’s decision to hire Goldman.

“He will submit those damage assessments to the insurance companies and it will speed up the process of settling those claims,” said Atkinson.

Atkinson said appraisers will help residents find a place to live and accommodate any move in expenses. He said settlement offers will be made by the airport, but will range from funds to repair property all the way to full property buyouts, based on what the owners prefer.

A handful of Keystone Drive residents sat in on the board meeting Wednesday to try to receive some answers. Resident Wanda Pittman said she is concerned she will never move back into her home she grew up in her whole life.

“I live on the creek side. I was flooded about four feet and it destroyed everything in my downstairs. Everything is gone,” said Pittman.

Pittman’s sister Nancy Harvey said she shed many tears after the March 12 landslide. She said she thought she was only going to leave for her home for a short amount of time, but then she was informed about the high water levels.

“Then it became a reality that maybe we might not get to go back,” said Harvey, “It’s devastating.”

The residents were notified and asked if they would like to sell their properties or not. Harvey said she could not even think of selling her home.

“We’ve just been there way too long,” said Harvey, “There’s no place like home, like the Wizard of Oz says.”

Harvey, Pittman, and their brother Richard Crist said they felt helpless, not knowing what tomorrow will bring. Like many in the Keystone Drive area, they are staying in motels or with other family members for the time being.

Time on task may not be enough

Two members of the state Senate from Southern West Virginia say they are getting mixed signals from the state Board of Education on how to deal with high numbers of snow days for school children in their district.

Senators Mike Hall (R-Wyoming)  and Jeff Mullins (R-Raleigh) say they were told in an email from the state Board of Education counties who had missed a large number of days would be able to make those up with the banked time they have already accrued by extra time added to the instructional days children were present in the classroom.

“In this e-mail it basically states to assist counties, the West Virginia Board of Education offers the following information and it goes through what waivers they are going to allow,” said Senator Mullins. “The waiver ‘accrued time’ is in this list, so they have the ability to grant this waiver.”

There is confusion now however since an attorney representing the state Board of Education disagrees. He says the law is clear, a missed day is a missed day, and making it up by going extra hours to school isn’t going to satisfy the requirements of a 180 calendar.

Hall and Mullins worried if forced to follow those guideline without the waiver, school children in their district would be in school until last week of June.

“We’ve got camps kids go to during the first weeks of June,” he said. “Church camps and football, basketball, team camps start in June. They’re going to have to miss school or cancel team camps.”

Mullins said the bigger issue would be the fact of summer school which starts not long after the last day of school and some who depend on summer school for additional instructions may be short changed.

Hall and Mullins want the waiver to allow counties to use their banked days to make up the time missed for snow in a shorter span.  They are waiting on a judgement as to whether it will be allowed.

Ford recalls 213,000 police vehicles and 6,500 ambulances

Ford is recalling about 213,000 police vehicles in North America to fix springs that may not keep doors closed in a crash.

The recall affects Ford Explorer and Police Interceptor utility vehicles from the 2011 through 2013 model years.

The company traced the problem to a spring that controls the interior door handles. The spring can become unseated and may become unlatched in a side-impact crash, increasing the risk of injury.

Ford said it doesn't know of any crashes or injuries from the problem.

Dealers will inspect all four doors and fix or replace the handles if needed, free of charge.

Ford also is recalling about 6,500 Super Duty ambulance and emergency vehicles from 2011 through 2015 with 6.7-Liter diesel engines. The exhaust gas temperature sensors can malfunction.

Justices seem divided over EPA mercury limits

 (AP)- The Supreme Court appears divided in a dispute over the Obama administration's first-ever regulations aimed at reducing power plant emissions.

The focus of the case is on mercury and other hazardous air pollutants that contribute to respiratory illnesses, birth defects and developmental problems in children.

The justices heard argument Wednesday in a challenge brought by industry groups and Republican-led states to the Environmental Protection Agency's decision to take action against coal- and oil-fired power plants that are responsible for half the nation's output of mercury.

Several conservative justices questioned whether EPA should have taken costs into account when it first decided to regulate hazardous air pollutants from power plants, or whether health risks are the only consideration. The EPA did factor in costs at a later stage when it wrote standards to reduce the toxic emissions.

W.Va. Applies to Host 2016 Presidential Debate

A group in West Virginia is vying for a chance to host one of the 2016 Presidential or Vice Presidential debates in downtown Charleston.

The application was submitted Wednesday to the nation's Commission on Presidential Debates.

West Virginia State University and West Virginia University have joined forces, along with city of Charleston, the State of West Virginia, Steptoe and Johnson, PLLC Attorneys at Law, and the Clay Center for the Arts and Sciences of West Virginia for the proposal.

The plan submitted calls for the debate to be held at the Clay Center in late September or October, 2016. WVU and WVSU would also host pre-debate activities on their campuses throughout the year leading up to the debate itself.

Logistical considerations are key in the application, as outlined by the Commission, according to the release. Some of the requirements include an air-conditioned debate hall that measures at least 17,000 square feet and workspace and lodging for approximately 3,000 journalists who would cover the debate.

McDowell Named Unhealthiest County in West Virginia

 A report says McDowell County is again the unhealthiest county in West Virginia.

The report released Wednesday by the Robert Wood Johnson Foundation and University of Wisconsin researchers ranks the southern coalfield county last among all 55 counties for the sixth straight year.

The report uses health factors such as smoking, drinking, adult obesity, premature deaths, and other areas including education, access to health care and unemployment.

Other counties at the bottom of the list, also in the southern part of the state, are Wyoming, Mingo, Logan and Mercer.

The report ranks Pendleton County as the healthiest. Jefferson is the second-healthiest county - up three spots from last year - and Monongalia drops one spot to third. Last year's leader, Pleasants County, slips to fourth and Upshur is fifth.

Bill to increase cigarette tax gains traction

The state Senate Judiciary Committee made significant changes to a House of Delegates bill dealing with fireworks Wednesday, adding a $1 increase in the state cigarette tax to the legislation along with allowing smoking in casinos and VFWs.

The bill (HB2646) was approved by committee members after deciding on some ways to divide the expected $130 million in revenues the tax increase is expected to generate annually.

The committee decided to increase the tax 50-cents a year for two years to soften the blow on smokers. The measure says $20 million in the first year would be allocated toward the construction of a veterans nursing home in Beckley while $20 million the second year would go toward the construction of a drug treatment facility. Volunteer fire departments would get a total of $2 million a year, which would be approximately $5,000 per fire department.

The bill would also allow for designated smoking areas in the gambling casinos in the state under certain guidelines and VFWs. The original intent of the bill, when it came from the House, was to further regulate the sale of fireworks in the state by assessing a fireworks safety fee to the new West Virginia Veterans Program Fund.

Sen. Art Kirkendoll (D-Logan) spoke in favor of giving smokers a place to smoke in casinos and VFWs.

“They (cigarettes) are $5 a pack now and will go to $6. We’re taking that money for some very qualified (programs). We can’t on one end suck the money from the people that have it and then tell them you can’t smoke over here—we have to be sensible,” Kirkendoll said.

Senate leaders are concerned about the state’s revenues and have been discussing various ways to increase money coming into the state. The gambling industry blames part of its revenue reduction in recent years to smoking bans that have been approved by county health departments.

The 60-day regular session ends Saturday at midnight, a very short amount of time to try and get a tax increase through the Senate and House. Sen. Ron Miller (D-Greenbrier) predicted the bill’s possible defeat because it includes too many things.

“We have everything in here but a new barn for the State Fair,” Miller said.

The bill, which passed the committee on a voice vote, next goes to the full Senate for consideration. 

Courtesy Patrol survives proposed cut

The House of Delegates Wednesday rejected a move to defund the state’s Courtesy Patrol. The amendment failed 12-87 after a number of delegates, both Democrat and Republican, spoke in support of the program, saying it’s a valued service for motorists.

The Courtesy Patrol provides roadside assistance between 3 p.m. and 7 a.m. every day on the state’s major highways. It’s operated by the Citizens Conservation Corps, which trains welfare recipients to provide the aid. Some 80 people work for the program, which has assisted nearly 293,000 motorists since it began in 1998.

Delegate Michel Moffatt (R-Putnam) proposed the cut, saying the $4 million used to fund the Courtesy Patrol annually could be better spent on the road repairs. “Four million dollars going toward fixing roads, fixing potholes… that would leave a much better first impression.”

Other opponents argued that the program is inefficient, and private sector towing companies would be more cost effective.

However, Delegate Brent Boggs (D-Braxton) argued that the benefits of the program justified the cost. “The is a small investment to make for the safety, for the well-being, and the peace of mind that it gives when our citizens are traveling up and down our Appalachian corridors and our interstate highways.”

The amendment was to a bill that shifts funding for the Courtesy Patrol from the Division of Tourism to the Division of Highways.

Those on both sides of Coal Jobs Safety Act wait on Gov. Tomblin

Those on both sides of the Coal Jobs Safety Act are hopeful Gov. Earl Ray Tomblin will side with them when he makes his final decision whether or not to sign the bill.

Tomblin has until Thursday afternoon to make that decision. The indication is he’s struggling between how the bill would help the coal industry and the claims by others that the provisions would decrease safety provisions.

Those waiting include West Virginia Coal Association President Bill Raney and United Mine Workers Union President Cecil Roberts.

Raney said members of the association would never support a rollback in safety.

“There’s nothing more important than every person in our mines going home at the end of their shift to their family,” he said. “They (coal operators) wouldn’t allow us to ask for that (rollback) and they wouldn’t ask us to go ask for that and the governor needs to recognize that. We’re not trying to take a step back and we need to get beyond the emotion and get beyond the misrepresentations that are going on here.”

Roberts said he believes Gov. Tomblin will side with those concerned about safety.

“This law takes away from health and safety and protections of coal miners and if the governor believes that he should veto this and if he doesn’t believe that I guess he should sign it into law, but I happen to believe that this governor has tried to protect coal miners all of his career,” the union leader said.

The point of consternation for Tomblin appears to be a provision of the bill that allows for moving of some coal mining equipment without removing coal miners from the face of the mine, which is the current law.

“Equipment is being moved every day, every hour in a coal mine and there are certain pieces of it where now everybody has to come out of the mine, which is just ridiculous under today’s technology,” Raney said, who added the state provision is more strict than the federal law that allows miners to stay in an operation when the equipment is moved.

But the UMWA’s Roberts said given the state’s track record in mine safety, West Virginia’s regulations should be more stringent.

“We’ve had the worst disaster in the nation at Upper Big Branch, in addition to that we’ve had Sago and Aracoma—the chief spokesperson and the face of the industry for the last 30 years is on trial for conspiring to avoid health and safety protections afforded to miners by the state and federal government—sure, we ought to go ahead and rollback mine safety,” Roberts said.

If Tomblin vetoes the bill the legislature could have enough time to override the veto by the regular session’s Saturday midnight deadline.

State DHHR and DOE oppose House amendments to immunization bill

The West Virginia Department of Health and Human Resources and the state Department of Education supported the immunization bill passed by the state Senate, but opposed House amendments Wednesday.

The proposed House amendments, in SB 286, would eliminate the DHHR’s ability to add vaccines through the state’s current medical exemption process.

The DHHR uses a process that allows a child to go to their physician, fill out a form that is submitted to the DHHR, and then a decision is made whether or not to approve or deny the exemption. The patient can then appeal the exemption.

“That’s how it should work and has worked,” said Dr. Rahul Gupta, State Health Officer and Commissioner for DHHR’s Bureau for Public Health, “We have not had issues of a measles outbreak. We are known as a model state of immunizations. This amendment would take that away and put us down in the nation.”

Accoriding to The Centers for Disease Control and Prevention, 173 people in 17 states and the District of Columbia have become infected with measles since Jan. 1 as a result of one outbreak in California.

Gupta said West Virginia is one of two states in the U.S. that allows these medical exemptions. For that reason, they have not had to deal with outbreaks of disease, such as the Ebola virus, that has been present in other states.

Gupta said the state has benefited from allowing medical exemptions because they have had a solid process that has worked for years, but with the current bill set up, they are unable to prevent any diseases.

“If the recommendation was that we have to get people lined up and give the shot, we could quarantine people. Unfortunately, that’s the extent when bad things happen. However, we could not vaccinate them,” said Gupta.

According to the 2013 America’s Health Ranking, West Virginia ranked number one in the nation for its low incidence of infectious diseases, which comes from the state’s strong immunization laws. The ranking states that West Virginia currently has some the best kindergarten immunization rates in the nation that prevent outbreaks of vaccine diseases in its school and communities.

Michael Martirano, West Virginia Superintendent of Schools, said the immunization laws protect children and school staff who are unable to receive vaccinations due to things such as medical conditions or allergies to vaccines.

“Any change in state law would force our education system backwards countless years,” said Martirano.

The bill is now before the House Judiciary Committee.

Waiver policy under consideration for school systems

County school systems that have missed a high number of days this school year can seek a waiver from the required 180-days of instruction in a policy discussed by the state Board of Education Wednesday.

Counties would be able to apply to the state board by its April meeting for the waiver. The policy would only take effect if the legislature decides not to pass a bill that deals with the same issue. The bill has passed the Senate and is in the House Education Committee.

State Department of Education Communications Director Liza Cordeiro said in order for a waiver to be considered a county school system would have already taken all the necessary steps possible to make up instructional days.

“If a county has shown that it has in good faith built a calendar which contained opportunities to make up lost time, has rescheduled all available non-instructional days, and can show that it has accrued instructional time, the WVBE will consider allowing a limited amount accrued time to be substituted for a day lost to inclement weather if all other available options have been exhausted,” Cordeiro said. “The requirement for 180 instructional days will continue to be emphasized.”

This is the first school year that counties were mandated to meet the 180-days even if they had to extend the school year to the end of June. Several counties have missed 10 days or more because of extremely cold weather, snow and rain.

Conceal carry bill set for final passage in House Thursday

The House of Delegates is set to give final approval Thursday to the bill that would eliminate the required permit and training from the state’s concealed carry gun law. The House defeated a handful of amendments offered during debate Wednesday night.

House Majority Leader Darryl Cowles (R-Morgan) wanted to put the issue up for a statewide vote. He said he’s continued to hear from police officers who fear changing the current law may lead to more violence.

“My concern has always been and continues to be today law enforcement safety,” Cowles said. “I wish I was able to get more comfort level with the current proposal as it deals with law enforcement safety.”

Del. Randy Smith (R-Preston) argued against putting the policy up for a vote by state residents.

“We’re sent down here to make hard decisions. We’re not going to please everybody,” Smith said.

Cowles proposed amendment was rejected along with a proposal from Del. Nancy Guthrie (D-Kanawha) to allow concealed carry within the walls of the state capitol. Opponents of that idea said it was an attempt by Guthrie to kill the bill. The proposal failed 7-86.

The most significant change the House has made to the Senate bill (SB347) is making the age when a person can conceal carry without a permit 21, the Senate version had the age at 18. The bill says a person that’s 18-21 years of age can still conceal carry if they get a permit and go through training like the current law requires for everyone getting one of the permits.

The bill is up for third and final reporting Thursday morning in the House. It will then be returned to the Senate.

Senate committee guts House Common Core bill

The state Senate Education Committee scrapped the House of Delegates’ plan Monday to repeal the controversial Common Core education standards in West Virginia’s public schools.

The committee replaced language in the House-passed bill (HB2934) with its own language that calls for keeping Common Core in place while doing up to a two-year study of the concerns with public hearings to be hosted by the state Department of Education.

Common Core creates uniform standards for achievement but has been criticized as federalizing education. Critics have said there’s been confusion about the curriculum used to teach to the standards. The House bill called for the repeal of Common Core this coming July.

“We believe that would have been absolutely disastrous for our education system,” Senate Education Committee Chairman Dave Sypolt (R-Preston) told his committee Monday. “Although I will be the first to admit I believe we need to take a good, hard look at our standards and how we are assessing our children.”

The new language allows the state superintendent of schools and a newly-formed committee to look at the Common Core standards, take them out to the public and in Sypolt’s words “allow people to have their concerns addressed.” The committee would then come back to the legislature with recommendations on how the state should move forward. Common Core would be repealed if the legislature takes no action during the two-year period.

The change came after negotiations between Senate leaders and education officials including state School Superintendent Dr. Michael Martirano.

“It’s to engage in a very thoughtful review process. I want to make certain we are doing it right, make certain we understand what is the problem with those standards and then adopt firmly our very clear West Virginia college and career ready standards that we can endorse 100 percent,” Martirano said.

The superintendent has supported the current standards but believes the state Department of Education should have done a better job with communication during the implementation of the standards, something that happened before he was hired last year.

“There are a lot of concerns that are unfounded. This is an opportunity to allow calmer minds to prevail and to be very clear what our standards are and what they aren’t,” Martirano said.

The House may not be willing to give up its position. The bill could be headed for a conference committee before this week’s final week of the legislative session expires Saturday night. House Speaker Tim Armstead said the House wants the standards to be redeveloped.

“There’s a lot of concern that we not continue to forge ahead on these standards that have given many, many House members and others, teachers and parents, concern about where we are in terms of Common Core,” Armstead said.

The bill next goes to the Senate Finance Committee. 

Bill aimed at reversing drug overdoses signed into law

A Wheeling small business owner watched Gov. Earl Ray Tomblin sign a bill into law Monday that he knows firsthand will save lives.

The governor signed Senate Bill 335 creating the Opioid Antagonists Act. It will allow medical professionals to prescribe the drug Naloxone to first responders and those at risk of experiencing an overdose along with their families and friends who could help them if they did overdose.

Wheeling resident Sean Hughes overdosed on heroin 10 years ago in New Jersey. He said Monday a friend rushed him to the hospital where they gave him Naloxone, which saved his life. He said he had no doubt that will be the case now in West Virginia.

“There’s a lot of people in active recovery that really need a law like this that will hopefully impact them to change their lives,” Hughes said.

State Senator Ron Stollings (D-Boone), who is also a medical doctor, said Naloxone is a short-acting medicine only lasting 20 to 30 minutes.

“So once you deliver this medicine to someone they still have to get medical treatment,” Stollings said. “Nearly every life could be saved with this medicine if we could get it to them.”

West Virginia had more than 500 overdose deaths in 2013. U.S. Attorney Booth Goodwin said it’s time to reduce that number.

“It’s a critical problem and to have a very sharp tool in our toolkit to address these overdose deaths is nothing but good,” Goodwin said.

The law has an educational component with it that calls for family members to be trained on when and how to administer the drug. The law also has a reporting requirement back to the legislature.

The bill becomes law May 27.

Tomblin: “We really don’t want to cut back on (mine) safety”

Gov. Earl Ray Tomblin’s comments were measured Monday when asked about whether he’d sign the Coal Jobs Safety Act into law this week.

“We want to do what we can to be sure that we can continue mining operations in West Virginia, but we really don’t want to cut back on safety,” Tomblin said. “We have some of the best safety laws in the country. A lot of national laws were based on laws we have here in West Virginia.”

Supporters of the bill, which passed both the House and Senate and is currently on the governor’s desk, have said its provision will make West Virginia coal more competitive by bringing some of the state’s more stringent mining laws back to federal levels. The bill also eliminates the state Diesel Commission, has several environmental components and addresses moving mine equipment near the face of the mine.

Opponents have said the bill rolls back safety requirements.

Tomblin seemed to think there could be a compromise.

“There’s room for both employees as well as mine operators to do some give and take here. I’ll save judgment on that until I get a final review of the bill,” Tomblin said.

The governor said his thoughts and prayers go out to the families involved in Sunday night’s mining accident in Marshall County where an Ohio man was killed.

“This time of the year, with the weather changing, is one of those times of the year when you have a lot of roof falls in our mines. We are very saddened with the loss of any miner in the state of West Virginia,” the governor said.

Conceal carry bill on way to House floor

The full House of Delegates will next take up the bill that would eliminate permits as part of the state’s conceal carry law after members of the House Judiciary Committee approved the bill Saturday evening.

The Senate bill (SB347) came out of the Senate with the age limit of 18 when a person would be allowed to carry a concealed handgun but members of the House Judiciary Committee restored the language to 21, which is the current law.

It remains to be seen if the Senate will agree to the age change. The bill will be taken up by the House floor next week. The 60-day regular legislative session ends next Saturday night at midnight.

Tomblin to make decision this week on coal industry supported bill

Gov. Earl Ray Tomblin will likely decide this week whether to sign or veto the Coal Jobs Safety Act passed by the House of Delegates and state Senate.

The measure would realign current state mining laws and bring them into line with the standards set at the federal level by the Mine Safety and Health Administration.   Those who fought the measure have said it’s a weakening of protections for miners.  West Virginia Coal Association President Bill Raney disagrees.

“It is not that at all.  What it is a progressive recognition of the changing conditions in the way mines are today,” Raney said. “The last thing in the world anyone would ask is to jeopardize or minimize safety.”

Raney said the more stringent regulations which coal operators have to abide by in West Virginia makes a West Virginia mine more expensive to operate. Supporters argued during debate on the House and Senate floor those additional layers of safety added to cost, but didn’t add much to safety.

“We’re hopeful this is going to put us more in line and certainly on an even playing field with many of the surrounding states as well as with the federal government,” said Raney.

Representatives of the United Mine Workers and other organized labor disagree and believe lawmakers bent to the will of the coal industry and put profit before safety. They spoke against the bill at Saturday’s labor union rally at the state capitol.

Raney is hopeful Gov. Tomblin signs the bill.

“Governor Tomblin has always been very, very deliberate about mine safety. He’s not going to do anything to jeopardize the safety and we would never ask,” Raney said.

Lawmakers would have time to override the governor’s veto if he does so before the end of the regular session Saturday night.

More than 14,000 Customers Without Water in Mingo County

Thousands of customers in Mingo County are still dealing with the aftermath of the winter storm that moved through Wednesday into Thursday.

More than 3,500 water meters have been affected and more than 14,000 customers are without water in the county.

The Mingo County PSD is working around the clock to fix water issues throughout the county.

The Mingo County Commission has also dispatched some of their employees to aid in the cleanup process.

There is no estimated restoration time for those customers affected as many of the pumps are filled with mud or burnt up due to no water.

Many of tanks are empty and until they are partially filled it is impossible to get pressure on these lines. There are also several broken lines that are hurting the time frame of getting water back.

Water is being distributed throughout the county.

The Mingo County Commission, American Red Cross and area fire departments are working to fix the issues in the county.

One killed in Marshall Co. mine collapse

One coal miner was killed and two others were injured in what was described as a collapse Sunday night at the Marshall County Mine near Cameron, according emergency officials.

State and federal investigators were at the scene on Monday morning following the collapse that happened around 10 p.m. Sunday.

Early indications were the collapse happened at an entrance portal. There were no reports of any other miners being trapped.

The Marshall County Coal Company, a subsidiary of Murray Energy, operates the mine.