Booth Goodwin has filed a pre-candidacy registration for governor with the secretary of state's office.

Goodwin, who stepped down as U.S. Attorney for the Southern District of West Virginia effective Dec. 31 and has long been rumored as a gubernatorial hopeful, formed the Goodwin for West Virginia committee on Jan. 1, according to the registration, which was filed with the secretary of state's office Monday morning.

Under state election law, potential candidates must file as pre-candidates before they can begin raising campaign contributions.

Committee treasurer is Chris Morris, a vice president and lobbyist for Citynet, and a former state tax commissioner and deputy secretary of Revenue. In 2012, Morris ran as a Democrat for House of Delegates, finishing 7th in the four-member 35th District.

The filing period for candidates in 2016 elections opens Monday and continues through Jan. 30.

Joining the race puts Goodwin into an already contested Democratic primary in May. Billionaire coal businessman and owner of The Greenbrier resort Jim Justice is already in the race, as is state Senate Minority Leader Jeff Kessler.

West Virginia Republicans largely have unified around state Senate President Bill Cole.

Under federal law, Goodwin had been unable to conduct any campaign activity while serving as prosecutor, such as opening a fundraising account.

The Cool Ridge-Flat Top Public Service District has issued a boil-water advisory for its entire water system, following low water pressure.

Wilderness Public Service will have a temporary interruption of water service from 9 a.m. to approximately 6 p.m. today for customers in East Mount Lookout -- from U.S. 19 up to and including Middle Collison Road and all of West Mount Lookout. Once water has been restored, a boil-water advisory will be in effect until further notice.

The Raleigh County Public Service District has issued boil-water advisories for the entire Odd and Egeria water systems following the loss of water pressure.

Customers in these areas should boil their water for at least one full minute prior to use until further notice.

Citing what it said are potential conflicts with legislation passed after the January 2014 chemical spill, the state Public Service Commission is hinting that it could drop its long-stalled investigation into West Virginia American Water Company's response to the spill's contamination of its regional drinking water supply.

Late last week, the PSC ordered all parties in the case to submit statements outlining their views of how issues in the investigation overlap or are separate from matters covered by chemical tank safety and drinking water protection legislation passed by West Virginia lawmakers in response to the spill at the Freedom Industries facility along the Elk River, just upstream from the regional drinking water intake. The water supply of hundreds of thousands of people in Charleston and surrounding communities was tainted as a result.

Commissioners said that they are "troubled by what has developed into a close convergence of subject matter" and that the PSC "must be mindful of potential actions here that might conflict with the process and procedure established by the Legislature in that bill."

The six-page PSC order was issued on Thursday, New Year's Eve.

Earlier last month, the PSC had postponed a status hearing - sought by the agency's own Consumer Advocate Division - on the investigation, which has been stalled for a year because of the recusal in August 2014 of PSC Chairman Michael Albert, a longtime water company lawyer, and the resignation of Commissioner Jon McKinney in December 2014. Those moves - and the lack of an appointment by Gov. Earl Ray Tomblin to replace McKinney - left the commission with just one member, Brooks McCabe, not enough under the law for it to take any actions. In October, Tomblin appointed Kara Cunningham Williams, a former Steptoe & Johnson lawyer, to fill McKinney's seat.

Pre-filed testimony from PSC staff, consumer advocates and citizen groups has all alleged that the water company did not prudently plan for a possible toxic leak, despite knowing that the Freedom Industries chemical tank facility was located just upstream from its regional drinking water intake. West Virginia American has been trying to limit the scope of the hearing and to keep out evidence about prior planning - or lack of planning - for a major chemical leak on the Elk.

Commissioners have yet to have a formal evidentiary hearing where lawyers would get to publicly cross-examine witnesses from the other parties.

In their order last week, commissioners said that they have concluded that the issue of potential conflicts between the investigation and the legislative action "looms the largest in terms of the potential impact on this proceeding, and must be addressed before going forward."

The PSC order repeatedly referenced SB 373, the chemical tank and water safety law passed by lawmakers in 2014, just after the Freedom spill and the water crisis that followed. Commissioners did not mention SB 423, the bill passed the following year to roll back some of the original law's requirements for chemical tank safety.

Commissioners said that the "future practices" that consumer advocates and citizen groups are advocating in the spill investigation "appear to track closely" the source-water protection plan that SB 373 requires West Virginia American to submit by July 1, 2016.

"The Legislature has conferred on the Bureau of Public Health the authority to approve, modify or reject source-water protection plans," the commission order said. "While the commission is not, of course, bound to accept the particular recommendations of any party, we are troubled by what has developed into a close convergence of subject matter between this proceeding and SB 373, and the resulting potential for conflict."

Commissioners gave all parties until Jan. 19 to file their comments on the matter, and scheduled a status hearing for 9:30 a.m. on Jan. 22.

Reach Ken Ward Jr. at kward@wvgazettemail.com, 304-348-1702 or follow @kenwardjr on Twitter.

Delegate Paul Espinosa will be the next House Education Committee chairman, a post Delegate Amanda Pasdon, R-Monongalia, vacated in December.

Espinosa currently is a member of the House Education Committee. He also is an assistant majority whip and vice-chairman of the House Small Business, Entrepreneurship and Economic Development Committee.

In a statement announcing the appointment, House Speaker Tim Armstead, R-Kanawha, said Espinosa is a strong leader who has worked to improve schools in West Virginia.

"He has a passion to improve the education system in our state and I'm confident he's the right person to lead this committee," Armstead said.

As part of accepting the position, Espinosa, a Jefferson County Republican, said he'll end his bid for a seat on the state Senate and instead seek re-election to the House.

Espinosa said he supports investing in teachers and classrooms, giving more autonomy to local school systems and repealing Common Core-based education standards.

The West Virginia Board of Education repealed its Common Core-based English and math standards in November and replaced them with similar, albeit different, education goals. The change was prompted by legislative attempts in recent years to repeal the unpopular standards.

The Education Committee is expected to take up several high-profile bills during the next session, which starts Jan. 13. Bills that could come across Espinosa's desk include proposals to end the state's ban on charter schools and change education standards used in public schools.

Pinnacle Mining Company has agreed to plug the water wells on a road in Wyoming County, where the alleged buildup of methane gas caused an explosion.

Following a hearing held last month in federal court, Pinnacle agreed to pay for the wells to be plugged and to monitor the Woosley Road area in Pineville for methane gas.

James and Rose Surratt, who own two properties on Woosley Road, along with other residents and a small business owner, filed emergency motions asking that the company be required to take immediate action after an explosion at one of the Surratts' homes.

The company operates an underground longwall mine that runs, in part, underneath Woosley Road.

After turning on the washing machine at the Surratts' home in November, "methane gas exploded causing serious damages to the interior and exterior of the home," the emergency motion stated. The home relies on well water, which is known to be a conduit of methane gas from mining activity.

The Surratts and other families that live in the area and also have active wells had filed a lawsuit a week before the explosion alleging the company had caused damage to their properties.

An environmental engineer inspected the home the day after the explosion and concluded methane gas that had been detected under the home by firefighters after the explosion was coming from Pinnacle's operation below the house, the Surratts' motion stated. That's what allegedly caused the blast.

Pinnacle had the emergency motion and the lawsuit moved to federal court. It was originally filed in Wyoming County Circuit Court.

U.S. District Court Judge Irene Berger held a hearing on Dec. 1 and 2 on the emergency motion.

She gave both sides a long period during the hearing to try to come to an agreement.

In turn, Pinnacle has agreed to pay an agreed- upon contractor to plug the wells.

The company will also continue to monitor for methane gas and provide reports on methane detection to the state Department of Environmental Protection and to Roger Decanio, of the Masters Law Firm, who represents the Surratts.

Decanio filed a motion Dec. 14 to withdraw the request for emergency relief based on the agreement. Berger approved the motion.

The lawsuit, which has also been assigned to Berger, is still pending.

Reach Kate White at kate.white@wvgazette.com, 304-348-1723 or follow @KateLWhite on Twitter.

Beckley - The idea of hiking 100 miles in the New River Gorge National River during 2016 has struck a chord with outdoor enthusiasts and New Year's resolution-makers.

More than 100 hikers braved subfreezing temperatures on Saturday to take part in the first ranger-led hike in the New River Gorge National River's 100 Mile Challenge, co-sponsored by Active Southern West Virginia and the YMCA of Southern West Virginia.

"This year is the 100th anniversary of the National Park Service, and our challenge to hike 100 miles in the New River Gorge National River and Bluestone National Scenic River is a way to honor that anniversary," National Park Service Ranger Jodi French-Burr told hikers just before embarking on the program's inaugural event, a 3.5-mile hike along Grandview Rim Trail.

"It's good way to start the new year right," added Ranger Richard Altare. "This hike follows the rim of the deepest part of the Gorge - it's about 1,200 feet deep here - and provides views of up to 12 miles of the New River."

New River Gorge National River became a unit of the National Park Service in 1978, and later assumed management of the Bluestone National Scenic River and the Gauley River National Recreation Area. Together, the three National Park Service units - now promoted as the National Parks of Southern West Virginia - protect nearly 114 square miles of canyon lands and cliff-top plateaus.

Saturday's hike drew 110 people and a dozen or so canine companions to the New River Gorge National River's Grandview section, a former state park perched on the rim of the New River Gorge about 15 miles east of Beckley. Hikers gathered outside the tiny Grandview Visitor Center, emitting clouds of vapor as they talked among themselves in the 29-degree air as they awaited the start of the hike.

"It's a good way to get people outside and active," said Ruth Sheff of Charleston, one of many Kanawha County hikers taking part in the event. "We don't know all the trails and the different areas to hike in the Gorge, and we thought this program would help us learn about them. If you hike just 8 or 10 miles a month, reaching the 100 mile goal is do-able."

"To paraphrase a Chinese philosopher, a journey of 100 miles begins with a single step," said Altare, just before leading the hikers on their first steps along the Grandview Rim Trail.

The trail passed through rhododendron tunnels, hemlock groves and stands of leafless hardwood forest, through which sweeping views of the New River Gorge were visible at numerous vistas along the route, which ended at Turkey Spur, a rocky promontory accessible by new staircases, boardwalks and observation platforms.

"I want to hike every trail in the Gorge this year," said Mark Jarrett, public information officer and chaplain for the Kanawha County Emergency Ambulance Authority, as he paused to take in the view along the route. "I wanted to recon this area for when my granddaughter, Scout, comes here later on. I'm her hiking paw-paw.

"Hiking the trail with a ranger really helped me learn a lot about the park and its history."

There are about 100 miles of trails to hike in the National Parks of Southern West Virginia, ranging in length from 0.25 to 8.5 miles, many of which connect to other trails, creating additional mileage for hikers eager to reach the 100-mile mark.

"A continuous trail running the length of the Gorge is in the plans and will eventually take shape," Altare said.

This year, park rangers will lead monthly hikes designed for 100-mile challenge hikers in addition to normally scheduled ranger-led hikes, during which Challenge hikers can also rack up miles. From June through August, rangers lead monthly hikes along the 8.5-mile Bluestone Turnpike Trail in the Bluestone National Scenic River, with shuttle service provided back to the tramway at Pipestem Resort State Park, which provides access to the starting point for the hikes.

Until then, additional ranger-led hikes will be posted on a more spontaneous basis, as weather and trail conditions allow, on the New River Gorge National River's Twitter and Facebook pages. Those registered as 100 Mile Challenge participants will by notified of upcoming hikes by email.

Hikers are welcome to explore the Gorge's trails on their own, and keep track of their mileage on log sheets. Participants can register and download log sheets and trail maps with hiking distances by clicking the "100 Mile Challenge" tab at www.nps.gov/neri, or by calling 304-465-2515. All participants who complete 100 miles or more will receive a prize. Additional awards will be given to the first 100 hikers to complete the challenge.

Challenge hikers also are invited to post their trail adventures on the New River Gorge National River's social media sites, using the hashtag #NRG100mi.

West Virginia's state parks system has launched a similar program, the Chief's Challenge, which encourages hikers to explore at least 100 miles of trails in state parks and state forests. Chief's Challenge information is posted at www.wvstateparks.com/Hikes_Walks.html and includes an enrollment link and mileage log sheet.

Reach Rick Steelhammer at rsteelhammer@wvgazettemail.com, 304-348-5169 or follow @rsteelhammer on Twitter.

After a warm start to winter, frigid overnight temperatures in West Virginia's mountains will aid snow-making efforts at the state's ski resorts, which plan to start opening more slopes this week.

"It's going to be in the single-digits tonight," Joe Stevens, communications director for the West Virginia Ski Association, said Monday.

At Winterplace Ski Resort, where workers over the weekend have been blanketing the resort's 90 acres of ski slopes with snow, temperatures will drop overnight to about 13 degrees.

"This is one of those nights that are optimal for snowmaking," Stevens said, adding that the state's ski resorts would use the drop in temperature to aid their snow-making processes. He said resorts across the state would use high-tech snowmaking machines to produce and blanket slopes with about 20,000 tons of snow each hour Monday night.

"There will be a man-made blizzard in the mountains of West Virginia tonight," Stevens said.

Snow was falling at Winterplace Ski Resort on Monday as workers prepared nine slopes for a Tuesday opening. While the snow was all natural, it didn't fall from the sky. Instead, workers used several "snow guns" to blast water and chilled air onto the resort's hillsides.

"We can pump 7,000 gallons of snow up the mountain every minute," said Tom Wagner, executive vice president of Winterplace.

While ski resorts in West Virginia, like Winterplace, use elaborate snowmaking systems to keep their slopes covered all season, the snow on the ground is all real. To insinuate otherwise is tantamount to offense.

"It's the same exact thing that falls out of the sky," Wagner said as he scooped up a handful of powdery snow. "It's water."

Wagner said snow guns, which are automated by a central computer, use water and air blown by large fans to create snow. The snow guns at Winterplace pump water from a nearby lake through fans that cool and crystallize it into snow. As soon as it forms, the snow is sprayed into the sky and falls to the ground.

With all of its snow guns operating Monday, Winterplace looked like it was braving a snowstorm. The resort hasn't had favorable weather so far this winter.

Because of warm December temperatures, workers haven't had a chance to properly spread snow, and the resort's ski season has yet to get a good start. But winter is starting to settle in, Wagner said.

The resort's 29 slopes will soon be ready for skiing.

Winterplace will open nine of its beginner and intermediate slopes as well as four lifts today. Wagner said more slopes will be opened each day and that the tubing part of the mountain will be ready soon.

Thanks to investments over the years, Winterplace has 100 percent snow-making capabilities, which means workers can cover the resort's 90 acres of slopes completely with man-made snow.

When asked how many snow guns the resort uses, Wagner said he didn't know the exact number.

"I can tell you it's a lot," he said.

Winterplace's snowmaking system has the capability to operate around the clock, Wagner said.

Business for ski resorts in West Virgina, a $250 million industry, should pick up now that resorts will be able to have multiple slopes open, Wagner said.

Slopes at Winterplace will be open from 9 a.m. to 10 p.m. today. During the season, slopes are open seven days a week.

The traditional ski season in West Virginia starts after Thanksgiving and ends in late March or early April.

In addition to Winterplace, ski resorts in West Virginia include Canaan Valley, Oglebay, Snowshoe and Timberline.

Reach Samuel Speciale at sam.speciale@wvgazettemail.com, 304-348-7939 or follow @samueljspeciale on Twitter.

Police have made several recent arrests in response to threats made by men who've given themselves gang names in Charleston.

Charleston police provided information about the arrests at a Monday afternoon news conference with prosecutors at City Hall.

They also attempted to ease fears about the three recent slayings in Charleston by discussing how they've devoted more resources to the West Side and noting that homicides typically involve suspects and victims who know one another.

Lt. Steve Cooper, Charleston's chief of detectives, said that to prevent future violence, police apprehended several people who had outstanding arrest warrants.

"If they're in jail, they can't get shot and they can't shoot anybody," he said.

Cooper said the six men recently arrested are affiliated with rivaling groups of people in Charleston, the Shine Boys and the Young Restless Gunnas, involved in a dispute dating back at least to early December and possibly back into the summer. He wouldn't get into specifics about the dispute but said the root of it was "very petty."

"There have been a lot of threats on Facebook and there's been a lot of chatter on the streets," Cooper said. "We're getting a lot of information about potential retaliation and we have to take it seriously, because there have been a couple people shot in what appears to be a retaliatory nature."

Three people were killed in Charleston over six days last week.

"By the time we've made an arrest in one homicide, we've had another," Cooper said.

Cooper said some of the retaliation could be only "perceived retaliation" based on a "misunderstanding." He didn't elaborate. He did note that the third shooting couldn't be considered retaliation for the second because both victims belonged to the same group.

Shannon Cade, 20, died in the hospital Saturday. A 14-year-old girl also was shot and sustained minor wounds. The shooting was reported shortly before 11 p.m. Friday in the 800 block of Mathews Avenue. Four to six shots were fired at the house on the West Side. Police have not released the names of any suspects. Cooper said the Young Restless Gunnas typically gathered at Cade's home.

J'Shaad Jones, 18, of Charleston, was killed early Thursday outside of Artie's Kickback Lounge, at 935 Central Ave. Marlon Rush is charged with murder in that case. Jones was wanted in the Dec. 13 shooting of 18-year-old Malik Ahkeem Hawk on Bream Street. Hawk was arrested Monday on a charge of wanton endangerment.

Jones also was a Young Restless Gunna, but Rush was not affiliated with either group, Cooper said.

Bryan Rogers, 29, of the Ripley area, was shot and killed Dec. 27. Tremaine Jackson, of Charleston, is charged with first-degree murder in Rogers' death. Jackson told police that Rogers had stolen about $3,000 worth of heroin from him several weeks earlier, according to a criminal complaint filed in Kanawha County Magistrate Court. Cooper said Monday that Rogers suffered from an addiction problem.

Over the past couple days, police have arrested:

n Malik Hawk, the man who Jones allegedly shot last month. Hawk had a warrant out for his arrest for wanton endangerment involving a firearm from August in South Charleston. He was arrested Monday.

n Maylik Watson, 22, was arrested on charges of carrying a concealed weapon and obstruction. He also had a warrant out for his arrest for third-degree sexual assault. Cooper said Watson admitted that he was looking to retaliate after Jones' death.

n Frankie Dewayne McNeal, 21, who had a warrant out for his arrest for forgery of a public document from a traffic stop in August. During the August incident, he also was charged with felony possession of narcotics, carrying a concealed weapon, possession of a stolen vehicle and being a prohibited person in possession of a firearm. He was arrested Sunday.

n Lamar Tyrell Coles, 24, had a warrant out for his arrest for allegedly transferring/receiving a stolen vehicle. The vehicle was the suspect vehicle in a burglary/grand larceny on Ridgemont Road.

n Antwan "Twig" Curnell, 26, had a warrant out for his arrest for fleeing in a vehicle.

n Jalil Myers, 19, had an arrest warrant for delivery of a controlled substance (heroin). He was arrested Monday.

Cooper wouldn't talk about whether any of those arrested would be considered a person of interest in Cade's case.

He cautioned that the groups aren't nationally recognized gangs, while they have joined together to commit criminal activity.

"You're going to find that in probably every neighborhood in America," he said. "There's no Bloods or Crips involved, or anything like that."

Police and prosecutors held the news conference to let community members know how they are responding to the uptick in violence and attempt to quell fears.

Cooper said those involved in killings in Charleston often are involved in criminal activity, and the victim and suspect typically know one another.

"That's not to disparage any of the victims," he said. "Clearly, we care about the victims or we wouldn't have worked so hard to have solved all of these cases - and we continue to."

He also said malicious-wounding incidents have declined significantly in Charleston over the years.

"It doesn't feel that way if it happened outside your window," he said, "but we do believe the reporting is accurate and there has been a great reduction."

Police Chief Brent Webster said officers from the Special Enforcement Unit and the bike unit have been moved to the West Side. He didn't specify how long that would continue.

"We still have problems on other sides of town," he said, "but we recognize that the West Side, right now, is the most vulnerable, so we're moving resources around to address that - to try to get out and walk and meet with people."

Webster said police can't fight violent crime in a similar manner to drug crimes.

"There's no informant out there that's going to call and say, 'Hey there's going to be a shooting in 20 minutes,' " he said.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv or follow @erinbeckwv on Twitter.

Another West Virginia lawmaker is resigning with the start of the legislative session just nine days away.

Former House Majority Leader Harry Keith White, D-Mingo, stepped down Monday, saying he wanted to spend more time working on economic development in Southern West Virginia.

"I am working with others to recruit projects to Mingo County," said White in his resignation letter sent to House Clerk Steve Harrison. "If our efforts bear fruit, they will help our local economy begin to rebound."

White represented to House of Delegates' 19th District from 1992 to 1995, and from 1997 to 2003. He's since represented the House 21st District.

White has headed the House Insurance and Finance Committee. He served as House majority leader from 2013 to 2015, but surrendered the post after Republicans took control of the House last year.

White, who lives in Gilbert and serves as chairman of the Bank of Mingo, was a former pilot in the U.S. Navy. His resignation follows the departures of House Education Committee Chairwoman Amanda Pasdon, R-Monongalia, and Sen. Daniel Hall, R-Wyoming.

Several other Democratic lawmakers announced last month that they don't plan to seek re-election next year. The legislative session starts Jan. 13.

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.

In a reversal, West Virginia's state schools superintendent has publicly released the names of members of his new advisory commission on statewide standardized testing and the time and location of its next meeting.

"We appreciate the input we have received from the public and media concerning the desire for a public process and have reconsidered our decision to keep these meetings closed," Superintendent Michael Martirano said in a news release late Monday afternoon. "I remain committed to transparency and want to make this a completely open process."

The next Superintendent's Commission on Assessment meeting will be 10 a.m. Tuesday in Building 6, Room 353 of the Capitol Complex in Charleston. The commission had its initial meeting last month.

The news release comes after some lawmakers publicly complained about the meetings being closed. When contacted Monday by the Gazette-Mail, two delegates - Gary Howell, R-Mineral, and Jim Butler, R-Mason - forwarded to the Gazette-Mail an email from Deputy State Schools Superintendent Cindy Daniel that showed the time and location of the meeting and was addressed to members of the commission.

Butler and Howell, who aren't part of the commission, declined to publicly state how they obtained the email. The Gazette-Mail again asked the education department Monday to open the meetings after the newspaper noted it had the email.

Sen. Chris Walters - R-Putnam and, alongside Kanawha Democratic Delegate Andrew Byrd, one of the only two lawmakers on the commission - said before Martirano's reversal Monday that he had nothing to do with closing the meetings and didn't understand why that decision was made.

"I'll be as open and transparent about it as I can be," Walters said. "Because I think that's the best way to move forward."

Martirano formed the commission in the wake of the state Board of Education's recent decision to progress with changing its K-12 math and English language arts education standards - changes state education officials have said could put current tests out of alignment with what students will be learning.

Education department spokeswoman Kristin Anderson said the commission will make recommendations to Martirano on possible changes to standardized testing and he will in turn make recommendations to the state school board. She said there are no state school board members on the commission, though board President Mike Green will be participating in the next meeting as an "advisory member."

Beyond that, Anderson and Daniel told the Gazette-Mail last month that the department wouldn't release the names of the commission's members until it made its final recommendations, likely this spring. And the education department said the meetings wouldn't be open to the media and the wider public.

Here are the members of the commission released Monday, along with the constituencies the education department says they represent or the positions they hold:

n Adam Green, West Virginia Higher Education Policy Commission

n A.J. Rogers, West Virginia Association of School Administrators

n Alyssa Keedy, Governor's Office

n Andrew Byrd, House of Delegates

n Barbara Zingg, a Jefferson County teacher

n Blaine Hess, West Virginia Association of School Administrators representative and Jackson County Schools superintendent

n Chris Walters, Senate

n Christine Campbell, American Federation of Teachers-West Virginia teachers union president

n Chuck Hatfield, West Virginia Association of School Administrators representative and Putnam County Schools superintendent

n Corley Dennison, West Virginia Higher Education Policy Commission

n Courtney Whitehead, Monongalia County's test coordinator

n Dale Lee, West Virginia Education Association teachers union president

n David Banks, West Virginia Association of School Administrators representative and Morgan County Schools superintendent

n David Lee, Mercer County principal

n Deb Akers, West Virginia Association of School Administrators representative and Mercer County Schools superintendent

n Debbie Smith, Cabell County Schools administrator

n Jack Wiseman, state Department of Education and the Arts

n Jon Duffy, Kanawha County Schools counseling and testing director

n Mickey Blackwell, West Virginia Association of Elementary and Middle School Principals

n Mike Kelley, West Virginia Association Secondary School Principals

n Pat Murphy, Berkeley County school board member

n Ryan Haught, Mid-Ohio Valley Technical Institute director

n Ryan White, Kanawha County school board member

n Sarah Tucker, state Community and Technical College System chancellor

n Sue McGuier, Ohio County's test coordinator

n Wesley Lilly, Ronceverte Elementary (online directories list him as the assistant/associate principal of that Greenbrier County school)

Following the media reports on the fact the assessment meetings would be closed, Howell wrote a letter to Martirano on Dec. 30 urging him and the state school board to reconsider.

"It is in the best interests of the state for public bodies to meet in the open, accessible to the public," Howell wrote. "Parents and educators all across the state should be able to follow the progress of these public policy discussions. The sunshine of public awareness and input should be welcomed, not avoided.

"Rather than holding these meetings in secret, these meetings should be streamed live over the Internet using readily available technology."

In a Dec. 31 response letter that Howell posted on his Facebook page, Martirano wrote that "my leadership style is positive, collaborative, transformational, and hands on." He said he publicly announced the creation of the commission "to ensure transparency" and that the commission includes a "comprehensive group of stakeholders who represent all aspects of education."

"The intent of the commission and this series of meetings has never been to discourage public input or meet behind closed doors, but rather to enable a group of stakeholders to facilitate a working session and explore all assessment options," he wrote. "Although the media recently declared this commission's meetings 'secret,' I can ensure you that is not the case."

Martirano went on to write that the next meeting would be Tuesday, but didn't specify the time or location. He also stated the meetings were not subject to open meetings laws because the commission is not a state school board committee nor does it have decision-making authority.

"I fundamentally disagree with his response," Howell told the Gazette-Mail Monday. "I do believe that this falls under the open meetings act."

The delegate said he hasn't had a lawyer look into the situation, but said if attorneys were to find it wasn't covered by open meetings laws, the laws possibly need to be changed. He argued that not opening the meetings could cause the education needs of sectors like business and agriculture to go unheard.

"The more eyes you have on a problem, the more solutions you get," Howell argued.

Walters said representatives from the state's current testing provider, Smarter Balanced, as well as ACT and possibly SAT will be at Tuesday's meeting. He said he's hoping to get more information then, but he's leaning toward recommending getting rid of Smarter Balanced in favor of using the ACT as the main required statewide test in high school and the ACT Aspire tests for lower grades. The federal Elementary and Secondary Education Act update signed by President Barack Obama last month allows for states to replace their standardized tests with the ACT or SAT.

Reach Ryan Quinn at ryan.quinn@wvgazettemail.com, facebook.com/ryanedwinquinn, 304-348-1254 or follow @RyanEQuinn on Twitter.

Dunbar City Council returned to business Monday evening with a light agenda to start off the new year.

Council members voted unanimously to adjust the city's 2015 - 2016 budget through a resolution.

"Every year we do budget revisions a couple times of year," Dunbar Mayor Terry Greenlee said.

Greenlee said the action is merely procedural.

Council members voted to renew the city's annual Customer Support Agreement at a cost of $6,220.

The computer-based system is used by the city clerk's office.

Following the meeting, Greenlee looked ahead to what he considers exciting community projects on the horizon for the city.

The comments segment of Monday's meeting was peppered with praise for the city's Christmas lights. It was the first year the city had such an impressive display, Greenlee said.

The lights, and other improvements throughout the city, are all part of Dunbar's Phase I streetscape project.

"They love it," Greenlee said of the improved streetscape. "It's changing the face of Dunbar."

In Spring 2016, Dunbar will begin Phase II of the streetscape improvement program, Greenlee said.

That phase of the project will focus on bringing new sidewalks, lights and other aesthetic enhancements to the area of 10th Street down to 14th Street.

The city is actually saving some money through the program's implementation of more energy efficient LED lights, Greenlee added.

Number one on Greenlee's 2016 priorities is breathing life into City Hall's basement. Greenlee along with input from other city officials and community seniors have designed a plan for a new state-of-the-art senior center in City Hall's basement.

In 2014 and 2015, the city applied for a $75,000 state grant that would enable to city to construct a senior center that is more centrally located and that has more activity options.

The city's senior center used to be located in City Hall, but seniors now use the city's recreation center on Dunbar's West Side.

"I'd love to have the center open by spring for our seniors to enjoy their time," Greenlee said.

The new senior center will include a full kitchen, a sewing room, television room and a host of other activities lacking at the current venue.

In other business, council:

n Approved Dec. 17 public hearing minutes

n Approved Dec. 21 meeting minutes

n Fire Chief Butch Ellis announced Dunbar Fire Department is accepting applications for new recruits - age 18 to 35 - through Feb. 5

n Set the next city council meeting date for Tuesday, Jan. 19, as Dunbar City Hall will be closed Jan. 18 in observance of Martin Luther King Jr. Day.

St. Albans Council spent much of Monday evening's meeting talking about high water that impacted areas of the city on Christmas day.

Ward 7 Councilman Desper Lemon said the city received 40 flood-related calls on Christmas day, including two rescue calls. The city is responsible for rescues but has no responsibility to pump water out of people's basements, Lemon said.

Ward 9 Councilman Garry Pennington said the city's fire department is not permitted to enter high-water areas to disconnect power or pull electrical meters.

During the public forum portion of the meeting former City Councilman Dan Cain, of 1901 Lincoln Ave., expressed concern about the fact that water surrounded his house for two hours on Christmas Day. He asked if the city could tap some federal or state money to help fix the problem.

City Attorney Charles Riffee suggested that if Cain knows of available grant money it would be helpful for him to inform the appropriate city officials.

Roger Massey, of 421 Walnut St., expressed concern about drainage issues at the First Christian Church, 2121 Kanawha Terrace. He said there were 8 inches of water in the church on Christmas Day. He said that during the flooding he couldn't get in touch with any city offices. Massey said he did get in touch with the state Division of Highways, which put a high-water sign on the road.

Massey said the church was built over a small stream, which is an issue because the pipe carrying the stream under the building isn't big enough and is probably corroded.

Mayor Dick Callaway said Kanawha Terrace is the state's responsibility because it is a state highway.

Massey also expressed concern about the water running off Cunningham Cemetery. Callaway said the cemetery is not city property, the city isn't responsible for runoff from it, and the cemetery's owners have been informed of the problem.

Also during Monday meeting, council gave final approval to an ordinance that prohibits parking or storing unlicensed watercraft or watercraft with an inoperative or expired inspection sticker on any premises.

City Council approved the ordinance by unanimous voice vote.

The ordinance also prohibits parking or storing watercraft that are in a state of disassembly or disrepair or in the process of being stripped or dismantled. In addition, watercraft must be stored on a paved surface and parked behind the front property line.

Also at Monday's meeting, council gave preliminary approval to a request by John and William Morris for the administrative re-subdivision of 2757 Washington Ave.

Council agreed to pay current invoices, which total $14,802.

During announcements, Callaway noted that city and Municipal Utility Commission offices will be closed on Monday, Jan. 18, in observance of Martin Luther King Jr. Day.

Ward 8 Councilman Kevin Pennington, who chairs the Parks Committee, said 10,800 vehicles went through the Festival of Lights at City Park. Pennington said that was the highest number in the 11 years he has been on council. Pennington thanked Ward 2 Councilman Jason Philabaun for organizing the festival's volunteers. Also, Mayor Callaway thanked everyone who helped make the festival a success.

Ward 4 Councilwoman Cheryl Thomas, who chairs the Building Department Committee, said six new businesses received certificates of occupancy in the fourth quarter of 2015. They are: Dollar General, 1977 Pennsylvania Ave.; A to Z Fashions, 316 B St.; Pop-N-Artie, 900 6th Ave., Shiloh Community Fellowship, 204 Main St., Larck's Automotive, 711 6th Ave, and Res-Care Group Home, 916 5th Ave.

She said O'Reilly's Auto Parts is expected to move into the former FasChek market site.

Thomas also announced that the Property Maintenance Committee met Monday and will meet again in 2016 on March 7, June 6 and Sept. 12. All meetings are at 1 p.m. in the Municipal Utility Commission conference room at 1499 MacCorkle Ave.

Ward 6 Councilwoman Loretta Griffith, Councilman-at-large John Caudill IV and Councilman-at-large John Boles Jr., who is fighting health issues, did not attend Monday's meeting.

Council's next meeting will be at 7:30 p.m. Jan. 19 on the second floor of the municipal building at 51 Sixth Ave.

The recent increase to Charleston's city service fee is projected to add more than $1.3 million in revenue in the next fiscal year.

City Council's Finance Committee voted Monday night to amend the fiscal 2016 budget to reflect a 50-cent increase to the city service fee.

The service fee, also known as a user fee, will now charge $2.50 per week to everyone who works in the city limits, regardless of residency.

City Manager David Molgaard said at the meeting that the amendment will budget about $620,000, or six months worth of that increase for the remainder of the fiscal year ending June 30. About $18,000 of that will go toward replacing a police vehicle that was totaled in an accident, Molgaard said.

The user fee, which previously brought in more than $5 million in annual revenue, may only be used for street maintenance projects or police services.

City Finance Director Joe Estep explained after the meeting that roughly $1.65 million is allocated from user fee collections and placed into a capital outlay projects fund. That money is used for the city's annual paving program as well as retaining wall and slip repairs.

"If any of these things affect the stability of the road, then it [comes from] the user fees," Estep said.

The user fee also covers the cost of smaller projects such as potholes and curb repairs, as well as purchasing salt and snow removal.

"We pay $450,000 to buy salt every year, and last year it cost us $200,000 in manpower to put it down," Estep said.

The remaining money from user fee revenue stays in the general fund and is meant to offset other expenses relating to street maintenance or police services.

Estep said when he puts together the fiscal 2017 draft budget, the increased user fee revenues will likely project around $6.7 million.

"Then, council will decide how they want to divvy that up," he said.

At City Council on Monday, Council voted to:

Authorize the mayor to administer more than $138,000 in grant funds from the state Department of Military Affairs and Public Safety to purchase new equipment for the city fire department's Regional Response Team.

Authorize the mayor to administer $15,000 in grant funds from the state Division of Culture and History for developing design guidelines for the East End Historic District. Approve a request by the West Virginia Center for African-American Art and Culture to rename two blocks of Lewis Street between Dickinson Street and Leon Sullivan Way to John Norman Street.

Also on Monday, Mayor Danny Jones and Councilwoman Jeanine Faegre, representing Ward 5, commended the city's police department for the additional resources it's given to the city's West Side in light of three homicides committed there last week.

"If one person wants to shoot another, you cannot prevent it," Jones said, but said the department's diligence to apprehend the offenders has been "incredible."

"We had three murders in six days; two were solved, [with the suspects] arrested and locked up, in four days," he said.

Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.

In Around West Virginia today: Nicholas County commissioners will stay in office, overdoses in Cabell County, the status of a proposed expanded smoking ban in Preston County, and more.

n A three-judge panel has dismissed a petition to remove two Nicholas County commissioners from office, MetroNews reports. The petitioners wanted to remove the commissioners over the hiring of a county administrator, which they said was against state code, in August 2013. A judge previously invalidated the hiring of the county administrator, but the commissioners stayed in office. The three-judge panel said the commission had only misinterpreted code and had consulted attorneys before hiring the county administrator, The judges said elections would be the proper way to remove officials from office based on statutory misinterpretation.

n More people overdosed in Cabell County in 2015 than in the years 2012-2014 combined, The Herald-Dispatch reports. Nine hundred overdoses were reported, with 70 of them fatal, according to Jim Johnson, director of the Mayor's Office of Drug Control Policy.

n Preston County commissioners do not support extending the county's smoking ban to bars and other establishments, The Dominion Post reports. They sent a letter to the local board of health saying if the ban is expanded, funding from the commission to the health department could decrease.

n A 29-year-old man was sentenced on Monday to 14 years in prison for allegedly assaulting and robbing a former NFL player, Fulton Walker, in 2013. The Journal reports that Roger Carter Doleman is currently serving an eight-year sentence for possession of drugs and fleeing police. On Monday, a Berkeley County circuit judge sentenced him to 12 years for armed robbery, to follow the completion of his current sentence. He will then serve an additional two to 10 years for assault during the commission of a felony, to run concurrently with a one to five year sentence for failing to appear. Walker played for the Miami Dolphins and the Los Angeles Raiders from 1981 to 1986.

n The U.S. Mine Safety and Health Administration cited Murray Energy's Marion County mine more times than any other mine listed on a November impact inspection report, according to The Dominion Post. The Marion County Mine, which MSHA referred to as Loveridge 22, received 15 citations. Alpha Natural Resources' Kingston No. 1 in Fayette County was second on the list, with 13 citations. According to MSHA's website, the report includes results from 17 mines that have histories of poor compliance.

Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.

CHARLESTON, W.Va. (AP) - An opinion by Attorney General Patrick Morrisey says the vacancy left by a senator who was elected as a Democrat but flipped Republican should be filled by another Republican.

The Republican attorney general filed the opinion Tuesday regarding ex-Sen. Daniel Hall at the request of Republican Senate President Bill Cole.

Hall submitted his resignation dated Sunday to take a job with the National Rifle Association.

Two state law provisions create confusion about which party should suggest replacements to Democratic Gov. Earl Ray Tomblin. Hall was elected a Democrat in 2012 but switched parties after the 2014 elections and resigned Republican.

His party switch broke a Senate tie and gave Republicans their first majority in decades.

Morrisey's opinion calls the law unambiguous.

The state Supreme Court likely will decide the issue.

West Virginia American Water has issued a boil-water advisory for approximately 300 customers in Bluefield. The affected area includes any customers on the following streets who lost water pressure or experienced a water outage today: Longview Avenue, Longview Terrace, Ridgecrest Road, Heatherwood Road, Cliffmont Avenue, Meadow Street, Carrey Street, Hilltop Lane, Crestwood Drive, Gateway Drive, Locust Grove and Castlewood Lane. The advisory follows a water main break.

The Department of Health and Human Resources has issued a boil-water advisory for the following areas:

Fayette County: Kanawha Falls Water Association

McDowell County: O'Toole Water System, Bradshaw Water Works and Keystone Municipal Water.

Mercer County: Hiawatha Water Association, Pinnacle Water Association and Weyanoke-Giatto Water System.

Summers County: The Village at Rock Ridge

Wyoming County: Coal Mountain Public Service District Water System, Herndon Community Water system, Pierpont Public Service District Water System and Garwood Community Water

Customers in these areas should boil their water for at least one full minute prior to use until further notice.

A real estate company with a dozen townhouses on Charleston's West Side claims that while city workers were trying to fix a landslide above the townhouses, they created a flooding problem below.

Sines Enterprises, which owns 12 townhouses on a part of Mathews Avenue known as Woodsedge Way, filed a lawsuit against the city of Charleston, the city Sanitary Board and two engineering firms, Potesta & Associates and K&N Contracting, that were hired to remediate the landslide on Grandview Drive.

According to the lawsuit, filed Dec. 30 in Kanawha Circuit Court, the real estate company learned in early 2014 that the landslide had been caused by a significant leak of storm and sewer water.

City officials hired Potesta to begin a remediation and stabilization project, according to the lawsuit.

The city and the company allegedly directed that all trees, vegetation and soil be removed from the landslide area. The soil was to be replaced with a clay-type substance from the CVS construction site on Oakwood Road, according to the complaint.

By compacting the clay-type substance, "all storm water was diverted downhill with no infiltration into the previously porous natural absorption of trees and vegetation that had been removed," the complaint states.

A substantial increase in storm water allegedly inundated the townhouses and surrounding property. As a result, a storm drain on the Sines' property was completely blocked.

Upon request to clean out the drain, the lawsuit says, the city and Sanitary Board refused. City attorney Paul Ellis couldn't immediately be reached Tuesday but has said he won't comment on pending litigation.

"The City and The Sanitary Board's failure to safely and properly maintain the storm water and sewerage pipes and drainage systems causing storm and sewer water to flow without control within the collection system were the proximate causes of the Grandview Drive Landslide," the lawsuit states.

The townhouses will continue to experience flooding until the problems are fixed, according to the complaint.

Sines asks that the defendants be required to pay for the installation of a new drainage system with larger pipes to accommodate the larger amount of storm water run-off. The lawsuit also asks for compensation for aggravation and alleged property damage, among other things.

Sines is represented by Charleston attorneys Guy Bucci and Ashley Lynch. The case is assigned to Circuit Judge Joanna Tabit.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.

Kanawha Circuit Judge James Stucky has approved all four of the bail bonds companies who applied to begin working in Kanawha.

On Thursday, his last day as chief judge, Stucky filed an order granting the application of "We Spring Bail Bonds."

Stucky signed an administrative order in October allowing bondsmen back in Kanawha County. Individual bondsmen must apply and get approval from the chief judge before they begin working. The process requires that the company attend a hearing before the chief judge.

On Friday, Kanawha Circuit Judge Tod Kaufman took over as chief judge.

Stucky had previously filed orders granting the applications of 1A Bonds Inc., 1st Action Enterprises Inc., and Amy Hass, despite objections from at least one judge and the county's Public Defender's Office.

Kanawha Circuit Judge Duke Bloom is against allowing the practice back in Kanawha and the heads of the Kanawha Public Defender's Office have filed a petition arguing that the order Stucky entered was never approved by state Supreme Court justices, among other things.