City Council — Charleston, WV
Date: 2026-05-18
Time: 19:00

CHARLESTON CITY COUNCIL
 Regular Meeting
 May 18, 2026
 at 7:00 PM




 THIS MEETING WILL TAKE PLACE IN PERSON AND CAN BE VIEWED LIVE VIA
 https://charlestonwv.civicclerk.com/web/home.aspx

 Council Chambers, Third Floor
 City Hall, 501 Virginia St. E.
 Charleston, WV


 AGENDA


CALL TO ORDER BY THE MAYOR

INVOCATION AND PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC SPEAKERS AND CLAIMS

 1. INTERESTED PUBLIC SPEAKERS MUST REGISTER AT THE CLERK’S HALLWAY TABLE IN PERSON
 NO EARLIER THAN 15 MINUTES BEFORE THE MEETING STARTS. FIVE (5) SPEAKERS WILL BE
 PERMITTED (RULE NO. 22 (B)).

 2. Claims 5-18-2026

PROCLAMATIONS

 1. 5-18-2026

COMMUNICATIONS

 1. 5-18-2026

REPORTS OF STANDING COMMITTEES

FINANCE

 1. Resolution No. 26-054 - Authorizing the filing of the U.S. Department of Transportation,
 Section 5310 Vehicle Grant funding application for the purchase of a shuttle van for the
 Roosevelt Community Center, with a commitment to provide a 20% match.

 2. Resolution No. 26-055 - Authorizing the Mayor or City Manager to enter into a contract with

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 West Virginia Paving, Inc. to perform asphalt street paving construction services.

 3. Resolution No. 26-056 - Authorizing the Mayor or City Manager to purchase a total of 15
 2026 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police
 Department, including the installation of all necessary modifications and furnished cameras.

 4. Resolution No. 26-057 – Authorizing the Mayor or City Manager to enter into an agreement
 for the fully adhered EPDM flat roof overlay of the Roosevelt Community from Almost
 Heaven Roofing.

 5. Resolution No. 26-058 - Authorizing the Mayor or City Manager to purchase computers,
 monitors, docking stations, and other necessary accessories from HP and Foxit PDF software
 update.

REPORTS OF OFFICERS

 1. 5-18-2026

NEW BILLS

 1. 5-18-2026

UNFINISHED BUSINESS AND/OR MISCELLANEOUS BUSINESS

REMARKS BY MEMBERS

ROLL CALL

ADJOURNMENT

THE NEXT REGULAR MEETING OF COUNCIL WILL BE JUNE 1, 2026 AT 7:00 PM.



*Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com




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CHARLESTON CITY COUNCIL
 Regular Meeting
 May 18, 2026
 at 7:00 PM




 THIS MEETING WILL TAKE PLACE IN PERSON AND CAN BE VIEWED LIVE VIA
 https://charlestonwv.civicclerk.com/web/home.aspx

 Council Chambers, Third Floor
 City Hall, 501 Virginia St. E.
 Charleston, WV


 AGENDA


CALL TO ORDER BY THE MAYOR

INVOCATION AND PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC SPEAKERS AND CLAIMS

 1. INTERESTED PUBLIC SPEAKERS MUST REGISTER AT THE CLERK’S HALLWAY TABLE IN PERSON
 NO EARLIER THAN 15 MINUTES BEFORE THE MEETING STARTS. FIVE (5) SPEAKERS WILL BE
 PERMITTED (RULE NO. 22 (B)).

 2. Claims 5-18-2026

PROCLAMATIONS

 1. 5-18-2026

COMMUNICATIONS

 1. 5-18-2026

REPORTS OF STANDING COMMITTEES

FINANCE

 1. Resolution No. 26-054 - Authorizing the filing of the U.S. Department of Transportation,
 Section 5310 Vehicle Grant funding application for the purchase of a shuttle van for the
 Roosevelt Community Center, with a commitment to provide a 20% match.

 2. Resolution No. 26-055 - Authorizing the Mayor or City Manager to enter into a contract with

 Page | 1 of 2
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 West Virginia Paving, Inc. to perform asphalt street paving construction services.

 3. Resolution No. 26-056 - Authorizing the Mayor or City Manager to purchase a total of 15
 2026 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police
 Department, including the installation of all necessary modifications and furnished cameras.

 4. Resolution No. 26-057 – Authorizing the Mayor or City Manager to enter into an agreement
 for the fully adhered EPDM flat roof overlay of the Roosevelt Community from Almost
 Heaven Roofing.

 5. Resolution No. 26-058 - Authorizing the Mayor or City Manager to purchase computers,
 monitors, docking stations, and other necessary accessories from HP and Foxit PDF software
 update.

REPORTS OF OFFICERS

 1. 5-18-2026

NEW BILLS

 1. 5-18-2026

UNFINISHED BUSINESS AND/OR MISCELLANEOUS BUSINESS

REMARKS BY MEMBERS

ROLL CALL

ADJOURNMENT

THE NEXT REGULAR MEETING OF COUNCIL WILL BE JUNE 1, 2026 AT 7:00 PM.



*Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com




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 Resolution No. 26-054

 Introduced in Council: Adopted by Council:

 May 18, 2026 ______

 Introduced by: Referred to:

 Joseph Jenkins Finance


 1 Resolution No. 26-054 - Authorizing the filing of the U.S. Department of Transportation,
 2 Section 5310 Vehicle Grant funding application for the purchase of a shuttle van for the
 3 Roosevelt Community Center, including all understandings and assurances contained therein
 4 and with commitment to providing 20% ($30,000) match, and directing and authorizing the City
 5 Manager as the official representative of the applicant City of Charleston to provide additional
 6 information as may be required.
 7
 8 Be it Resolved by the Council of the City of Charleston, West Virginia:
 9
10 Authorizing the filing of the U.S. Department of Transportation, Section 5310 Vehicle Grant
11 funding application for the purchase of a shuttle van for the Roosevelt Community Center,
12 including all understandings and assurances contained therein and with commitment to
13 providing 20% ($30,000) match, and directing and authorizing the City Manager as the official
14 representative of the applicant City of Charleston to provide additional information as may be
15 required.




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 Resolution No. 26-055

 Introduced in Council: Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Joseph Jenkins Finance


 1 Resolution No. 26-055 – Authorizing the Mayor or City Manager to enter into a contract with
 2 West Virginia Paving, Inc., in the total amount of $3,150,700.00 to perform asphalt street
 3 paving
 4 construction services, where the contract price was determined through a competitive bidding
 5 process.
 6
 7 Be it Resolved by the Council of the City of Charleston, West Virginia:
 8
 9 That the Mayor or City Manager is authorized to enter into a contract with
10 West Virginia Paving, Inc., in the total amount of $3,150,700.00 to perform asphalt street
11 paving
12 construction services, where the contract price was determined through a competitive bidding
13 process.
14




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 2026-31 Asphalt Resurfacing Project (E4 05/26-162U)
 Business Opened at Bid Total Local Vendor Preference -$5,000.00
 Bear Contracting, LLC 5/11/2026 13:00 $ 3,958,000.00 $3,953,000.00
  BTI Contracting Inc 5/11/2026 13:00 $ 3,668,450.00 $3,663,450.00
 Mr. Asphalt Inc 5/11/2026 13:00 $ 3,560,400.00 $3,555,400.00
West Virginia Paving, Inc 5/11/2026 13:00 $ 3,150,700.00 $3,145,700.00




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2026-31 Asphalt Resurfacing Project (E4 05/26-162U)
 Bear Contracting, LLC BTI Contracting Inc Mr. Asphalt Inc West Virginia Paving, Inc
 Mandatory Requirement

Item 3.02 – HMA Base Course $ 17,000.00 $ 13,950.00 $ 12,900.00 $ 12,700.00
Item 3.03 – HMA Wearing Course $ 3,066,000.00 $ 2,929,500.00 $ 2,835,000.00 $ 2,688,000.00
Item 3.04 – Standard Milling $ 875,000.00 $ 725,000.00 $ 712,500.00 $ 450,000.00

Attended Pre-Bid Yes Yes Yes Yes

WV Contractor's License Yes Yes Yes Yes
Certificate of Insurance Yes Yes Yes Yes
Bid Bond Yes Yes Yes Yes
Drug Free WorkPlace Affidavit Yes Yes Yes Yes
SubContractor's List (if Applicable) Yes Yes Yes Yes
Hiring Affidavit for over $500k Yes Yes Yes Yes
Vendor Protest Acknowledgement Yes Yes Yes Yes
Contact and Signature Form Yes Yes Yes Yes
Pricing Page Yes Yes Yes Yes
Addendum Acknowledgement Yes Yes Yes Yes
Local Vendor Form (if Applicable) Yes Yes Yes Yes
City of Chalreston Purchasing Affidavit Yes Yes Yes Yes

Grand Total $ 3,958,000.00 $ 3,668,450.00 $ 3,560,400.00 $ 3,150,700.00

Minus $5,000 Vendor Preference $ 3,953,000.00 $ 3,663,450.00 $ 3,555,400.00 $ 3,145,700.00




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 CITY OF CHARLESTON

 RECOMMENDATION TO AWARD

DATE: May 11, 2026

SUBJECT: Recommendation for Award

Solicitation Number: 2026-31 Asphalt Resurfacing Project

West Virginia Paving, Inc. - $3,150,700.00

Award Recommendation: Check the appropriate box below.

[☒] Lowest Bid: By signing below, the Department certifies that bids have been properly
evaluated and recommends award to West Virginia Paving, Inc. in the amount of
$3,150,700.00.

[☐] Multiple Award: By signing below, the Department certifies that bids have been properly
evaluated and recommends award to multiple bidders meeting the required specifications. Those
bidders receiving an award are identified as follows: ___________________________________.

[☐] Other Than Lowest Bid: By signing below, the Department certifies that bids have been
properly evaluated and recommends award to ________________________ in the amount of
_____________ as the lowest responsible bidder meeting the required specifications. Award to
the lowest bid was not made due to disqualifications described in more detail below:

Bidding Vendors not awarded:

Bear Contracting, LLC - $3,958,000.00
BTI Contracting Inc. - $3,668,450.00
Mr. Asphalt Inc. - $3,560,400.00

Respectfully,


_____________________________________ ___________________________
Signature Date


________________________________________________________
Printed Name and Title




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 Resolution No. 26-056

 Introduced in Council: Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Joseph Jenkins Finance


 1 Resolution No. 25-056 – Authorizing the Mayor or City Manager to purchase a total of fifteen
 2 model year 2026 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police
 3 Department in the total amount of $993,062.85, where the price also includes the installation
 4 of all necessary modifications and furnished cameras to upfit the vehicles for CPD use, all
 5 pursuant to a competitive bid process.
 6
 7 Be it Resolved by the Council of the City of Charleston, West Virginia:
 8
 9 That the Mayor or City Manager is authorized to purchase a total of fifteen model year 2026
10 Ford Police Interceptors from Thornhill Group, Inc. for the Charleston Police Department in the
11 total amount of $993,062.85, where the price also includes the installation of all necessary
12 modifications and furnished cameras to upfit the vehicles for CPD use, all pursuant to a
13 competitive bid process.




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 2026-04 CPD Fleet Interceptors with Emergency Light Package
 Business Opened at Bid Total NOTES
UpFit VA, LLC 10/23/2025 2:00pm $1,122,503.88 Disqualified
 Vendor did not provide pricing for all mandatory requirements, Vendor did not use revised
 pricing page, submitted their own version. Did submit Addendum Acknowledgement Form.
Thornhill Group Inc 10/23/2025 2:00pm $806,450.36 RECOMMENDED
 Only responsible vendor meeting specifications.
 10/23/2025 2:00pm Vehicles are currently black and would have silver wraps. Vendor did not use the revised
 Pricing Page that was provided in Addendum 1, but did submit Addendum
 Acknowledgement Form. Vendor did not submit pricing for all mandatories. Pricing Page
Generations Ford $817,998.65 Disqualified not totaled correctly.
 Vendor Added a Labor Charge to the Pricing Page that was not in the original. Vendor did
 not provide pricing for the Radios as requested on the pricing page. Vendor provided their
 own pricing spreadsheet and did not use the Pricing Page provided in the Addendum. Bid
Adamson Industries Corp 10/23/2025 2:00pm $827,939.02 Disqualified Sheet did not match total.

 Vendor provided alternate products that do not meet the City's requirements. Vendor did
Stephens Auto Center 10/23/2025 2:00pm $779,427.00 Disqualified not submit detailed product information explaining deviations from required products.




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 Resolution No. 26-057

 Introduced in Council: Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Joseph Jenkins Finance


 1 Resolution No. 26-057 – Authorizing the Mayor or City Manager to enter into an agreement for
 2 the fully adhered EPDM flat roof overlay of the Roosevelt Community Center located at 502
 3 Ruffner Ave, Charleston, WV 25311 from Almost Heaven Roofing in the amount of $57,600.00
 4 pursuant to a competitively bid process.
 5
 6 Be it Resolved by the Council of the City of Charleston, West Virginia:
 7
 8 That the Mayor or City Manager is authorized to enter into an agreement for the fully adhered
 9 EPDM flat roof overlay of the Roosevelt Community Center located at 502 Ruffner Ave,
10 Charleston, WV 25311 from Almost Heaven Roofing in the amount of $57,600.00 pursuant to a
11 competitively bid process.




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 Almost Heaven Roofing Ed's Home and Commerical Thoroughbred Construction
 Item Quanity Unit Price Unit Price Unit Price
BID AND PROPOSAL FORM (2 OF 3)
Fully adhered EPDM flat roof overlay 1 $57,600.00 $64,800.00 $66,500.00


 Total $57,600.00 $64,800.00 $66,500.00
Local Vendor Preference N/A N/A N/A




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Page | 16 of
 Resolution No. 26-058

 Introduced in Council: Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Joseph Jenkins Finance


 1 Resolution No. 26-058 – Authorizing the Mayor or City Manager to purchase computers,
 2 monitors, docking stations, and other necessary accessories from HP pursuant to a
 3 competitively bid statewide contract in the total amount of $43.795.00 as part of an annual PC
 4 refresh for various City departments, and Foxit PDF software update in the amount of
 5 $$8,567.50, for a combined total amount 52,362.50.
 6
 7 Be it Resolved by the Council of the City of Charleston, West Virginia:
 8
 9 That the Mayor or City Manager is authorized to purchase computers, monitors, docking
10 stations, and other necessary accessories from HP pursuant to a competitively bid statewide
11 contract in the total amount of $43.795.00 as part of an annual PC refresh for various City
12 departments, and Foxit PDF software update in the amount of $$8,567.50, for a combined total
13 amount 52,362.50.




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 INSTRUCTIONS: This form
 must be submitted to the City
 Manager’s Office for any
 purchase of materials or
 supplies costing $5,000 or
 more. A minimum of 3 quotes
 is required for this form.
 CITY OF CHARLESTON
 Purchase Request
Date: May 13th,
 _____________
 2026


To: CITY MANAGER,


I request permission to purchase the following materials and/or supplies: Annual PC Refresh
 _________________________
 and Foxit PDF software


_____________________________________________________________________________________
WV State Contract - IP23 - PCs for the City of Charleston, Parking, MDENT and CCCC Departments


_____________________________________________________________________________________
Foxit - 3 vendor quotes below - CDW-G, SHI and Advizex


Purchase justification: Annual purchase to remove unsupported PCs off City
 __________________________________________________________________
 network to reduce security risks and maintain peak


_____________________________________________________________________________________
performance of staff with their daily operations. We also need to purchase Foxit Editor software licenses to replace old versions that are


_____________________________________________________________________________________
no longer supported




If approved, the total purchase price will be: $52,362.50
 ________________________



(Check One)


 The price is less than the $25,000 permitted for purchases without advertising for bids and needing
 approval from City Council. I have not purposefully split the purchase request to keep the purchase
 under the $25,000 threshold and have not favored a particular vendor. I have not shared
 competitive information with any vendor(s).


 The proposed vendor is a sole source provider for the materials/supplies requested. (Skip to ITEM
 A on page 2.)




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I have contacted the following responsible vendors and have attached their written quotes for the
requested item(s): (Minimum of 3 Quotes Required)

1. __________________________________
 WV State Contract - IP23 Price Quote: $_________________
 $43,795.00


2. __________________________________ Price Quote: $_________________

3. __________________________________
 CDW-G - FoxIt Editor Price Quote: $_________________
 8,567.50


4. __________________________________
 SHI - FoxIt Editor Price Quote: $_________________
 9,018.00


5. __________________________________
 GovConnection - FoxIt Editor Price Quote: $_________________
 9,211.00




The apparent low-bid vendor meeting specifications is: HP for PCs (Contract) and
 __________________________________
 CDW-G (Foxit)


AND

 The low-bid vendor is not delinquent on any financial obligations owed to the City of Charleston
 according to the City Collector’s records, and I recommend authorizing the purchase through the
 low-bid vendor.
OR

 I recommend not contracting with the lowest bidder meeting specifications and instead
 recommend contracting with ______________________________ because:

 _______________________________________________________________________________
 _______________________________________________________________________________
 Additionally, the recommended vendor is not delinquent on any financial obligations owed to the
 City of Charleston according to the City Collector’s records.


ITEM A (For Sole Source Procurements ONLY)

Explain what is unique about this vendor/brand and why your department must purchase this product:
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________________________________________________________
Identify at least 1 independent third party who has verified the vendor is a sole source for the item(s)
requested to be purchased, and submit his/her written opinion regarding the vendor’s sole source
status:

(Name & Phone Number)_______________________________________
 2


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REQUESTOR’S DECLARATION


 I declare that I have fully complied with the letter and intent of the City Code as it pertains to

procurement and have exercised reasonable precaution to procure the item(s) requested above at the

lowest price, consistent with good service and quality.

 I also declare that I have no personal or business relationship with the listed vendor(s) that would

be considered a conflict of interest, except as follows:

(List Actual, Potential, or Perceived Conflicts of Interest) ______________________________________

_____________________________________________________________________________________




Request Submitted By: Adam Cottrell
 _________________________ Department: Information Systems
 ___________________________



Is this purchase being paid with grant funds? Yes No




*************************************************************************************


Funds Approval: _________________________ Date: ______________
 Authorized Financial Officer


Account Number: _____________________________________________________________________


City Manager Approval: ______________________________ Date:_____________________




 3


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Customer Name: City of Charleston
Contract Number: WV IP123
Payment Terms: Net 30 days
Customer Email: adam.cottrell@cityofcharleston.org
Quote Date: 5/1/2026
Quote Expiration Date:
Contract #: WV IP123
Big Deal # 47343448
HP Sale Rep Simcox@hp.com
Quote # 5012026 City



Part Number Description Quantity Unit Price
C0HF9UC Standard Desktop G9 BIOS 14 $636.00 $8,904.00
FH973AA DisplayPort TO DVI-D Adapter (single link) Cable
UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)


C0YQ9UC Standard Laptop G1i BIOS 4 $724.00 $2,896.00
U85N6E HP 4y Premium Onsite w/DMR Notebook
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)
U87CFE HP 4y Premium Onsite 1 time Battery Replacement
U96XWAAE HP 5 y Absolute Resilience 2500-9999


C9MG9UC Mobile Workstation G1i BIOS 6 $1,935.00 $11,610.00
265A9UT HP 125 Wired Mouse
U87CFE HP 4y Premium Onsite 1 time Battery Replacement
U85SCE HP 4 Year Premium Onsite w/ADP/DMR NB Hardware Support
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)


D74MSUP HP USB-C 100W G6 Dock 1 $158.00 $158.00
 HP 4 Year Next Business Day Response Advanced Exchange Docking Station HW Supp


C51P6UP HP Thunderbolt 4 Ultra 280W G6 Dock 6 $253.00 $1,518.00
 HP 4 Year Next Business Day Response Advanced Exchange Docking Station HW Supp




 Total $25,086.00

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 Page | 22 of
Customer Name: City of Charleston
Contract Number: WV IP123
Payment Terms: Net 30 days
Customer Email: adam.cottrell@cityofcharleston.org
Quote Date: 5/1/2026
Quote Expiration Date:
Contract #: WV IP123
Big Deal # 47343448
HP Sale Rep Simcox@hp.com
Quote # 5012026 CCCC



Part Number Description Quantity Unit Price
C0HF9UC Standard Desktop G9 BIOS 5 $636.00 $3,180.00
FH973AA DisplayPort TO DVI-D Adapter (single link) Cable
UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)


BW0X1UC Fixed Workstation G5 BIOS 2 $3,027.00 $6,054.00
U61DWE HP 4 year Onsite Care w/DMR WS HW Support
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)




 Total $9,234.00




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Customer Name: City of Charleston
Contract Number: WV IP123
Payment Terms: Net 30 days
Customer Email: adam.cottrell@cityofcharleston.org
Quote Date: 5/1/2026
Quote Expiration Date:
Contract #: WV IP123
Big Deal # 47343448
HP Sale Rep Simcox@hp.com
Quote # 5012026 MDENT



Part Number Description Quantity Unit Price
C0HF9UC Standard Desktop G9 BIOS 5 $636.00 $3,180.00
FH973AA DisplayPort TO DVI-D Adapter (single link) Cable
UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)


C0YQ9UC Standard Laptop G1i BIOS 1 $724.00 $724.00
U85N6E HP 4y Premium Onsite w/DMR Notebook
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)
U87CFE HP 4y Premium Onsite 1 time Battery Replacement
U96XWAAE HP 5 y Absolute Resilience 2500-9999


BW0X1UC Fixed Workstation G5 BIOS 1 $3,027.00 $3,027.00
U61DWE HP 4 year Onsite Care w/DMR WS HW Support
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)




 Total $6,931.00

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 b m m
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 Page | 25 of
Customer Name: City of Charleston
Contract Number: WV IP123
Payment Terms: Net 30 days
Customer Email: adam.cottrell@cityofcharleston.org
Quote Date: 5/1/2026
Quote Expiration Date:
Contract #: WV IP123
Big Deal # 47343448
HP Sale Rep Simcox@hp.com
Quote # 5012026 Parking



Part Number Description Quantity Unit Price
C0HF9UC Standard Desktop G9 BIOS 4 $636.00 $2,544.00
FH973AA DisplayPort TO DVI-D Adapter (single link) Cable
UE333E HP 4 year Next Business Day Onsite w/Defective Media Retention Desktop HW Supp
U96XWAAE HP 5 y Absolute Resilience 2500-9999
U80MCE HP 4 year Priority Access Plus Service for PCs (1000+ seats)




 Total $2,544.00




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|




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 Quote # Quote Date
 031226-0951.1 5/13/2026



TO: FROM:
 Name: Larry Vernati Name: Lori Caldwell
 Company: City of Charleston Company: AdvizeX Technologies
 Address: 501 Virginia St E Address: 6480 Rockside Wds Blvd S Suite 190
 Address: Charleston, WV 25301 Address: Independence, OH 44131
 Phone: 304-348-8058 Phone: 304-541-3400
 Email: larry.vernati@cityofcharleston.org Email: lcaldwell@advizex.com


 ITEM DESCRIPTION QTY UNIT PRICE EXTENDED


PDFEDT14PLMP03 FOXIT PDF EDITOR per user 36 - 99 50 $184.22 $9,211.00
PDFEDT14UPMP03 PDF EDITOR MAINTENANCE Support per user 36 - 99 50 $36.84 $1,842.00

 Subtotal $11,053.00
 Tax $0.00
 Estimated Freight $0.00

 TOTAL: $11,053.00

Notes:



Unless reflected in the quotation, total does not include applicable sales tax and shipping charges.

 Terms & Conditions F.O.B.
The terms and conditions which shall govern this quotation are Advizex’s Standard Sales Terms and Point of Origin
Conditions (the “Agreement”). Performance under this quotation is conditioned upon both parties
successfully entering into and executing the Agreement. Both parties hereto acknowledge and agree
that none of the product referenced herein shall ship to customer prior to execution of the Agreement.

Subject to Advizex’s prior written approval and in the event that it is not feasible for the parties to enter
into and execute the Agreement prior to shipment of the product referenced herein, Customer hereby
agrees to negotiate in good faith and execute the Agreement within thirty (30) days after the shipment
by Advizex of the product referenced herein. If no Agreement has been executed, Customer hereby
agrees to pay Advizex the full invoice price for the product(s) referenced herein within thirty (30) days of
the date of invoice, which shall be generated upon shipment of the product.




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 Bill No. 8078

 Introduced in Council: Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Chelsea Steelhammer, Shawn Taylor Ordinance & Rules
 Bruce King Jr. and Public Safety

 1 Bill No. 8078 - A BILL to amend and reenact Section 10-162 of the Municipal Code of
 2 the City of Charleston, as amended, relating to the prohibition against aggressive dogs
 3 at large, to add a charge for subsequent offenses, and the penalties and fines therefore,
 4 and to set procedures to automatically trigger the Dangerous Dogs provisions set forth
 5 in Sections 10-114, 115, 116, 117, and 118.
 6
 7 Now, therefore, be it ordained by the Council of the City of Charleston:
 8
 9 That Article I of Chapter 10, specifically, Section 10-162 of the Municipal Code of the
10 City of Charleston, as amended, is hereby amended and reenacted to read as follows:
11
12 Sec. 10-162. - Aggressive dogs prohibited to run at large; fines.
13
14 (a) It shall be unlawful for any person to own or keep an aggressive dog which is at any
15 time running at large in the city. Knowledge or acquiescence by the owner or keeper is
16 not an element of the offense. An aggressive dog at large means any dog running at
17 large as defined in section 10-161 that, without provocation, exhibits aggressive or
18 combative behavior toward a person or another domestic animal or feral cat, and said
19 person or domestic animal or feral cat is either physically attacked or bitten, or the
20 person or domestic animal's owner or keeper reasonably believes an attack or bite is
21 imminent.
22
23 (b) Any person found guilty of an aggressive dog at large shall be punished by a fine as
24 follows: not more than $50.00150.00 for the first offense within a 24-month period; and
25 not less than $50.00 nor more than $1,000.00 for any second or subsequent offense
26 within a 24-month period of a conviction for a prior offense. The municipal court judge
27 shall have authority to suspend or reduce the fine if the defendant agrees to forfeit
28 ownership of the dog. In such cases all interest of in the animal shall vest to the human
29 association for appropriate disposition. All fines arising from convictions for violations of
30 this section shall be in addition to any applicable court costs or impoundment fees.
31
32 (c) If a person is adjudicated guilty of a second or subsequent offense pursuant to this
33 section, and the second or subsequent offense involves the same dog involved in any
34 prior offense pursuant to this section, then the Municipal Court Judge shall, sua sponte,
35 make a determination pursuant to the standards set forth in sections 10-114 and 10-115




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36 of this Article whether the dog in question in the instant case should be declared a
37 dangerous dog. In making the determination, the judge may rely upon all credible
38 information available to the court from its record of any prior offenses and the evidence
39 before the court in the instant case. In addition, the judge may, in his or her discretion,
40 receive additional evidence relevant to the determination, and, if the judge deems it
41 necessary, schedule a future hearing or other proceedings as may be required to make
42 the determination.
43
44 (d) If at any time while charges are pending adjudication under this section against the
45 owner or keeper of a dog there is probable cause that the dog is guilty of an additional
46 charge of running at large as defined in section 10-161, then the dog shall be seized
47 and impounded at the humane association by a humane officer or police officer and
48 held until the underlying charge and any additional charges for the dog being at large
49 under section 10-161 or this section are fully adjudicated or otherwise dismissed. Upon
50 the full adjudication of any such charges, or if the charges are otherwise dismissed,
51 then, except as provided in this Article for a dog being held pending a determination of
52 Dangerous Dog pursuant to sections 10-115, the owner shall have five days from the
53 date of adjudication or dismissal to appear and claim said dog in accordance with the
54 conditions set forth in section 10-163. The owner shall be responsible for all reasonable
55 expenses incurred for the care, provision, treatment, and boarding from the date of
56 impoundment until redemption of the dog; provided that if the animal is not claimed
57 within five days from the date of full adjudication or of dismissal, then the owner shall be
58 deemed to have forfeited all interest in the dog, the dog shall be deemed abandoned,
59 and all interest in the animal shall vest to the humane association or other animal care
60 provider for adoption or other disposition.
61




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 Bill No. 8079

 Introduced in Council: Adopted by Council:

 May 18, 2026__________

 Introduced by: Referred to:
 Joseph Solomon____ Ordinance and Rules
 Committee and Finace
 Committee_____________

 1 Bill No. 8079 - A Bill amending the Charter of the City of Charleston, Section 35 “Election
 2 and term of office of elective officers; salary of mayor; appointments by mayor; term of
 3 appointive officers; duties of mayor and city solicitor; salary of solicitor; fees” relating to
 4 revising the election cycle for the city council member elections.
 5
 6 WHEREAS, the Charter establishes the dates for City of Charleston municipal
 7 elections; and
 8
 9 WHEREAS, it is essential to ensure regular turnover in elected offices to
10 encourage fresh perspectives and ideas for addressing the evolving needs of our
11 community; and
12
13 WHEREAS, overlapping terms of office are critical for conveying institutional
14 knowledge and sharing processes for efficient city governance; and
15
16 WHEREAS, the 2030 city elections mark an appropriate starting point to
17 implement staggered elections for members of Charleston’s City Council.
18
19 WHEREAS, the Council of the City of Charleston, West Virginia, has determined
20 that it is necessary, convenient and expedient for the aforesaid reasons to amend Section
21 35 of the Charter of the City of Charleston, West Virginia, to enact changes the election
22 cycle for council members of the City of Charleston; and
23
24 WHEREAS, after proper public notice, a public hearing was held in Council
25 Chambers on _________________, at 7:00 pm, wherein the citizens were given
26 opportunity to file any written objections to the Charter amendments proposed herein;
27 and
28
29 WHEREAS, written objections, if any, were withdrawn within the 10 days following
30 the _____________, hearing;
31
32 Be it further Ordained: that Section 35 of the Charter of the City of Charleston, West
33 Virginia, shall be amended to read as follows:
34
35 Sec. 35. - Election and term of office of elective officers; appointments by mayor;




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36 appointment of city clerk; appointments by manager; duties of mayor and city
37 solicitor; fees.
38
39 The mayor, members of council, municipal judge and treasurer elected on May 16, 2015,
40 shall serve a term beginning on the third Monday in June, 2015, and ending in January
41 2019 when the term of their successors begins. Their successors shall be elected on the
42 first Tuesday in November, 201830, in conjunction with the state and county election
43 administered by the clerk of the county court of Kanawha County, West Virginia, and shall
44 begin their term on the first Monday of January 2031, unless said Monday is a state
45 holiday, in which case their term shall begin on the first Tuesday of January.
46
47 Thereafter, beginning in 2030, the election cycle shall transition to staggered city council
48 member elections so that one-half of the council is elected on an alternate election cycle.
49 To accomplish this transition, the determination of which ward seats shall serve a one-
50 time two-year term shall be made by a public random selection process conducted by the
51 City Clerk. The City Clerk shall conduct a lottery style drawing to determine whether the
52 two-year term will be for the odd or even numbered wards. Such random selection
53 process shall be conducted publicly, to be completed at least nine (9) months prior to the
54 2030 candidate filing deadline in order to provide adequate notice and preparation time
55 for prospective candidates, the City Clerk, and all relevant administrative bodies.
56
57 The wards selected to serve the one-time two-year term shall begin on the first Monday
58 of January after their election, unless said Monday is a state holiday, in which case their
59 term shall begin on the first Tuesday of January, with those seats next standing for
60 election in 2032 and every four years thereafter (2036, 2040, and so on). The remaining
61 wards shall serve on the current four-year term cycle, beginning on the first Monday of
62 January after their election, unless said Monday is a state holiday, in which case their
63 term shall begin on the first Tuesday of January, with those seats next standing for
64 election in 2034 and every four years thereafter (2038, 2042, and so on).
65
66 With respect to the six (6) At-Large seats to be filled in the 2030 election, three (3) seats
67 shall be designated as the one-time two-year term and three (3) seats shall be designated
68 as regular four-year terms at the same time as the random selection process. Candidates
69 filing for At-Large office shall, at the time of filing, designate whether they seek the two-
70 year term or four-year term, and elections shall be conducted accordingly. The three At-
71 Large members elected for two-year term shall serve beginning on the first Monday of
72 January after their election, unless said Monday is a state holiday, in which case their
73 term shall begin on the first Tuesday of January, with those seats next standing for
74 election in 2032 and every four years thereafter. The three At-Large members elected to
75 four-year terms shall serve beginning on the first Monday of January after their election,
76 unless said Monday is a state holiday, in which case their term shall begin on the first
77 Tuesday of January, with those seats next standing for election in 2034 and every four
78 years thereafter.
79
80 The mayor, members of council, municipal judge and treasurer shall be elected at
81 intervals of four years in conjunction with the state and county election administered by




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 82 the clerk of the county court of Kanawha County, West Virginia, and their term shall begin
 83 on the first Monday of January after their election, unless said Monday is a state holiday,
 84 in which case their term shall begin on the first Tuesday of January, with those seats next
 85 standing for election in 2034 and every four years thereafter.
 86
 87 The mayor shall appoint the city solicitor, an assistant city solicitor, the chief of police,
 88 humane officer or officers, building inspector, collector, city auditor, engineer, health
 89 commissioner, lockup keeper, municipal court clerk, and the chief of the fire department,
 90 and these appointments shall not require any confirmation by the council but shall be
 91 made at the discretion of the mayor, who shall, with like discretion, have the full and
 92 complete power of removal thereof. The mayor shall appoint the manager, by and with
 93 the advice and consent of the council. The council shall, either at a regular or special
 94 meeting called for that purpose, pass upon such nomination and either confirm or reject
 95 the same, and if such nomination is rejected, then the mayor shall submit to the council
 96 a further nomination of some other person or persons until the nomination is confirmed
 97 by council, for said office of manager, but it shall be the duty of the council to pass upon
 98 all nominations without unreasonable delay; and in any event within two weeks after the
 99 submission of the same, and the failure of members of the council to pass thereon within
100 such time shall be cause for the removal from office of such members of the council as
101 shall have refused to act thereon.
102
103 The council shall appoint a city clerk. The manager shall appoint or employ such persons
104 as the ordinances of the city may require or the council may authorize by proper
105 resolution.
106
107 It shall be the duty of the mayor to attend all meetings of the council and preside over that
108 body.
109
110 It shall be the duty of the mayor to see that all of the laws and ordinances of the city are
111 enforced and he shall have a general oversight over the peace, health and good order of
112 the city.
113
114 The duties of the city solicitor or assistant city solicitor shall be to attend the sessions of
115 council (and) to prosecute all suits on behalf of the city and defend all suits against the
116 city, to advise the council and all of the departments of the city and in general to look after
117 the interests of the city when it shall need legal services.
118
119 All fees of every kind collected by any officer or employee, including the municipal judge
120 when acting as a justice, shall be paid to the city treasurer.
121
122 This Ordinance shall become effective upon passage.




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 Bill No. 8080

 Introduced in Council: Adopted by Council:

 May 18, 2026_______

 Introduced by: Referred to:

 Joseph Solomon and Chelsea Steelhammer Ordinance and Rules
 And Public Safety

 1 Bill No. 8080 - Repealing Charleston’s Harm Reduction Restrictions and Affirming
 2 Evidence-Based, Economic, & Legal Public Health Policy
 3
 4 SECTION 1. Background.

 5 WHEREAS, on April 19 2021, the City of Charleston adopted Bill No. 7893, establishing
 6 restrictions on syringe services programs under Sections 78-381 through 78-384 of the
 7 City Code; and

 8 WHEREAS, in 2015, City Council passed earlier restrictions granting its Chief of Police
 9 regulatory authority over programs which distribute syringes through Sections 78-396 &
10 78-397; and

11 WHEREAS, the provisions collectively impose restrictive requirements on harm
12 reduction programs, including a 90% minimum return rate and individual marking of
13 syringes that conflict with evidence-based best practices, police oversight of public
14 health programs, and additional public hearing requirements not required for other
15 public health services; and

16 WHEREAS, Charleston is the only city in West Virginia that, by way of Sec. 78-322,
17 creates potential misdemeanor charges for violating these requirements; and

18 WHEREAS, harm reduction programs are widely considered a best practice in
19 responding to substance use disorder and preventing infectious disease outbreaks; and

20 WHEREAS, syringe services programs are recognized by the Centers for Disease
21 Control and Prevention, the National Institutes of Health, and the World Health
22 Organization as evidence-based, public health interventions that reduce the
23 transmission of HIV, hepatitis C, and other infectious diseases while increasing access
24 to treatment and recovery services; and




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25 WHEREAS, new participants of syringe service programs were found to be five times
26 more likely to enter drug treatment and almost three times more likely to stop using
27 drugs; and

28 WHEREAS, the Centers for Disease Control and Prevention states that needs-based
29 syringe services programs, which do not require the return of used syringes for the
30 procurement of new ones, are most effective at reducing new HIV and viral hepatitis
31 infections; and

32 WHEREAS, substance use disorder is recognized as a disability under federal law in
33 many contexts, and courts have increasingly recognized harm reduction services as
34 part of the continuum of health care available to people living with addiction; and

35 WHEREAS, in a 2025 lawsuit brought by the American Civil Liberties Union, a federal
36 court in Washington State found that syringe service programs constitute protected
37 health services and services provided in connection to drug rehabilitation under the
38 Americans with Disabilities Act, held that an ordinance restricting access to these
39 services discriminated on the basis of disability, and enjoined enforcement of the
40 ordinance, leading to the repeal of the ordinance; and

41 WHEREAS, municipalities that impose barriers to harm reduction programs may
42 therefore expose themselves to significant legal risk, attorneys’ fees, and potential
43 liability under federal disability law; and

44 WHEREAS, Charleston is the seat of Kanawha County, the county which has led the
45 state in fatal overdoses each year since 2018; and
46
47 WHEREAS, Kanawha County has witnessed at least 849 fatal overdoses since 2021,
48 the year Charleston City Council created its most recent harm reduction ordinance
49 rules; and

50 WHEREAS, Kanawha County has diagnosed at least 99 new HIV cases related to
51 injection drug use since 2021, the year Charleston City Council created its most recent
52 harm reduction ordinance rules; and

53 WHEREAS, Kanawha County has diagnosed at least 1,567 new cases of chronic
54 Hepatitis C since 2021, the year Charleston City Council created its most recent harm
55 reduction ordinance rules; and

56 WHEREAS, public policy should seek to expand lifesaving services rather than create
57 barriers to them; and




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58 WHEREAS, following the promulgation of non-evidence-based regulations by the then-
59 Chief of Police in March 2018, the Kanawha-Charleston Health Department was
60 pressured into shutting down its syringe services program; and

61 WHEREAS, in February 2021, the WV Center on Budget and Policy published a report
62 calculating that the economic cost of losing the Kanawha-Charleston Health Department
63 syringe program in Kanawha County was $1.268 billion dollars in 2018 alone; and

64 WHEREAS, on August 3rd 2021, the Center for Disease Control published an Epi-Aid
65 Report for Kanawha County on the subject of the “Outbreak of HIV infections among
66 persons who inject drugs in Kanawha County, WV”. The report’s first priority
67 recommendation is to: “Expand access to sterile syringes and other injection equipment
68 through comprehensive harm reduction services, such as low-barrier, one-stop shop
69 models in multiple locations that also incorporate mobile or street outreach elements.”;
70 and

71 WHEREAS, the city’s commitment to compassionate, evidence based policies can be
72 found in the creation of the city’s Coordinated Addiction Response Effort (CARE), the
73 city’s utilization of opioid settlement for life-saving community projects, and the city’s
74 own Comprehensive Plan calling for the “implement[ion of] harm reduction strategies to
75 reduce the consequences of opioid use disorder.”; and

76 WHEREAS, criminal penalties for providing lifesaving health supplies to vulnerable
77 residents undermine the City’s commitment to compassion, evidence-based policy, and
78 public health; and

79 WHEREAS, policies that stigmatize or obstruct health services for people who use
80 drugs can worsen health outcomes and undermine trust between vulnerable residents
81 and public institutions; and

82 WHEREAS, on April 10th 2021, the State of West Virginia passed SB 344, which added
83 rules and regulations governing the licensure of harm reduction programs throughout
84 the state; and

85 WHEREAS, according to SB 344, syringe service programs must “provide a written
86 statement of support from a majority of the members of the county commission and a
87 majority of the members of a governing body of a municipality in which it is located or is
88 proposing to locate”; and

89 WHEREAS on August 7, 2023 the City of Charleston failed to procure from the majority
90 of its City Council a statement of support for the Women’s Health Center application to
91 run a syringe service program at its own expense; and




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 92 WHEREAS, Health Right operates the only syringe services program licensed by the
 93 State of West Virginia and approved by Charleston City Council, but distributed only
 94 7,230 syringes in 2024—2% of the syringes that the Cabell-Huntington Health Dept
 95 distributed that year. This single program does not constitute a public health response
 96 for the city or its county nor in any way does its existence condone the city’s current
 97 restrictive code; and

 98 WHEREAS, were city code sections 78-381 through 78-397 to be repealed, SB 344
 99 would still require the City Council of Charleston, WV to approve by a majority any
100 further licensed syringe programs to operate within its city limits; and

101 WHEREAS, the City of Charleston reaffirms its commitment to policies grounded in
102 compassion, science, and the protection of human life; and

103 SECTION 2. Repeal.

104 Sections 78-381 through 78-397 of the Charleston Code of Ordinances are hereby
105 repealed in their entirety.

106 Secs. 78-375—78-380. - Reserved.

107 Subdivision II. - Distribution of Hypodermic Needles and Syringes[15]

108 Sec. 78-381. - Distribution of hypodermic needles; state certification required.

109 It shall be unlawful for any person or persons as principal, clerk, agent servant or
110 otherwise acting individually or on behalf of any entity, organization or group to
111 operate a harm reduction program that includes the distribution of any
112 hypodermic syringes, needles and other similar objects used or designed for
113 injecting substances into the human body, without obtaining and having a syringe
114 services program license from the West Virginia Office for Health Facility
115 Licensure and Certification, pursuant to W. Va. Code ch. 16, art. 63 and any
116 other licenses required under state law to do so. Provided, that between the
117 effective date of this bill and January 1, 2022, all harm reduction programs that
118 include the distribution of any hypodermic syringes, needles and other similar
119 objects operating within the City of Charleston shall be certified by the West
120 Virginia Bureau for Public Health within the West Virginia Department of Health
121 and Human Resources or has obtained a syringe services program license from
122 the West Virginia Office for Health Facility Licensure and Certification.
123 (Bill No. 7893, 4-19-2021)
124 Sec. 78-382. - Compliance with state law and regulations.




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125 Every person, entity, organization, or group certified or licensed to sell, market, or
126 distribute hypodermic needles shall comply with all applicable state law and
127 regulations, pursuant to W. Va. Code ch. 16, art. 63; provided, every harm
128 reduction program offering a syringe services program and operating in the City
129 of Charleston shall:
130 (1)
131 Individually mark each syringe dispensed with identifying information that clearly
132 allows for the identification of each syringe dispensed by the program; and
133 (2)
134 Distribute syringes with a goal of a 1:1 model, where "goal of a 1:1 model" means
135 returning a minimum of 90 percent of the syringes distributed.
136 (Bill No. 7893, 4-19-2021)
137 Sec. 78-383. - Penalty.

138 Any person violating any provision of this subdivision shall, if convicted, be guilty
139 of a misdemeanor and be fined not less than $500.00 nor more than $1,000.00
140 for the first offense and succeeding offenses. Each day that such violation shall
141 continue shall be deemed a separate and distinct offense.
142 (Bill No. 7893, 4-19-2021)
143 Sec. 78-384 - Council approval of application for state license to offer syringe

144 services program.

145 Upon receipt of an application for a license to offer a syringe services program,
146 council will schedule at least one public hearing near the applicant's proposed
147 location, to solicit and accept public input on the program, as well as provide the
148 applicant an opportunity to provide information on its program. Two weeks before
149 the scheduled date of the public hearing, the applicant shall mail notice of the
150 public hearing and a copy of its application to residents and businesses within a
151 two-block radius of the applicant's proposed location; and notice shall be
152 published by the city on its website and provide the program's application online,
153 with additional printed copies provided upon request and available at the public
154 hearing. The hearing will be recorded and made available online to the public.
155 The public may submit written comments to council regarding the program up
156 until the time of the council meeting at which council will be voting on whether to
157 issue a letter of support. Under no circumstances shall council vote on a program
158 prior to the holding of the public hearing required herein and for one week after
159 the public hearing.
160 (Bill No. 7893, 4-19-2021)
161 Secs. 78-385—78-395. - Reserved.

162 Subdivision III. - Needle Exchange Program




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163
164 Sec. 78-396. - Needle exchange program authorized.

165 The City of Charleston, by and through its Chief of Police, may sponsor, approve,
166 or participate in a program or programs within the City of Charleston for the
167 distribution or exchange of hypodermic syringes, needles and other similar
168 objects used or designed for injecting substances into the human body.
169 (Bill No. 7666, 9-21-2015)
170 Sec. 78-397. - Rules and regulations; Chief of Police authorized.

171 The Chief of Police of the City of Charleston Police Department is authorized to
172 promulgate reasonable rules or regulations deemed necessary to implement and
173 administer a program within the City of Charleston provided for in Section 78-396
174 for the distribution or exchange of hypodermic syringes, needles and other
175 similar objects used or designed for injecting substances into the human body.
176 (Bill No. 7666, 9-21-2015)

177 This Ordinance shall become effective upon passage.




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 Resolution No. 26-059

 Introduced in Council Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Shannon Snodgrass and Ordinance and Rules
 Joseph Solomon


 1 Resolution No. 26-059 - Creating Rule No. 26 of the Rules of Council, relating to establishing a
 2 requirement that all bills, ordinances, resolutions, or proposed charter amendments submitted
 3 by members of city council be included on the agenda of the committee of reference within 45
 4 days of submission to the city clerk.
 5
 6 WHEREAS, City Council committees exist to facilitate, not obstruct, the legislative process; and
 7
 8 WHEREAS, The authority of a committee chair shall include an obligation to ensure fair and timely
 9 consideration of legislation referred to the committee; and
10
11 WHEREAS, The absence of enforceable timelines permits undue delay and frustrates the
12 legislative rights of elected Council members;
13
14 Now, therefore, be it Resolved by the Council of the City of Charleston:
15
16 That Rule No. 26 of the Rules of Council is hereby created to read as follows:
17
18 Rule No. 26. – Requiring Committee Consideration.
19
20 (a) Any bill, ordinance, resolution, or proposed charter amendment submitted by a member
21 of the City Council and referred to a standing or special committee shall be scheduled for
22 a properly noticed public hearing within forty-five (45) calendar days of its filing with the
23 City Clerk. This duty is mandatory, ministerial, and non-discretionary. A “hearing” shall
24 mean a committee meeting at which the bill, ordinance, resolution or charter amendment
25 is listed on the agenda and the sponsoring Council member is afforded a reasonable
26 opportunity to present and explain the proposal.
27




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28 (b) If a committee fails to hold such a hearing within the required time, the bill, ordinance,
29 resolution or charter amendment shall be automatically discharged from the committee
30 by operation of law. Upon discharge, the City Clerk shall record the discharge and place
31 the bill, ordinance, resolution or charter amendment on the agenda for the next regular
32 meeting of the City Council for first reading or other appropriate action. No action or
33 inaction by a committee chair, committee, or Council member shall delay, prevent, or
34 invalidate this automatic discharge.
35
36 (c) The forty-five (45) day requirement may be extended only by written consent of the
37 sponsoring Council member filed with the City Clerk prior to the deadline, or upon a
38 recorded majority vote of the City Council finding that a declared emergency, court order,
39 or other constraint which makes compliance impossible; and that any such extension of
40 this requirement shall specify a date certain. This Rule shall apply to any bill, ordinance,
41 resolution or charter amendment filed on or after its effective date.

42




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 Bill No. 8077

 Introduced in Council: Adopted by Council:

 May 18, 2026

 Introduced by: Referred to:

 Chelsea Steelhammer, Shawn Taylor Ordinance & Rules
 and Bruce King and Public Safety

 1 Bill No. 8077 - A BILL to amend and reenact Section 10-5 of the Municipal Code of the
 2 City of Charleston, as amended, relating to procedures applicable to caring for and/or
 3 impounding animals subject to poisoning or animal cruelty, and the penalties and fines
 4 therefore.
 5
 6 Now, therefore, be it ordained by the Council of the City of Charleston:
 7
 8 That Article I of Chapter 10, specifically, Section 10-5 of the Municipal Code of the City
 9 of Charleston, as amended, is hereby amended and reenacted to read as follows:
10
11 Sec. 10-5. - Procedures, penalties, and fines, and provisions for forfeiture for
12 violations of sections 10-2, 10-3 and 10-4.
13
14 (a) Any police officer or humane officer may take into custody any animal, upon either
15 private or public property, which clearly shows evidence of cruelty to animals as set
16 forth in sections 10-2, 10-3 or 10-4. Such officer may:
17
18 (1) Inspect, care for, or treat such animal or place such animal in the care of the
19 humane association or licensed veterinarian for treatment, boarding or other care; or
20
21 (2) Designate such animal for humane destruction if an officer of the humane
22 association or licensed veterinarian determines that the animal appears to be diseased
23 or disabled beyond recovery for any useful purpose.
24
25 (b) The owner or keeper of an animal that is destroyed pursuant to subsection (a) herein
26 shall not be entitled to recover damages for the destruction of such animal unless the
27 owner or keeper proves by clear and convincing evidence that such destruction was
28 unreasonable and unwarranted.
29
30 (c) In addition to the fines and/or imprisonment imposed by this section, any defendant
31 convicted of a violation of sections 10-2, 10-3 or 10-4 shall pay to the municipal court,
32 consistent with section 10-163, a penalty of all reasonable expenses incurred for the
33 care, provision, treatment, and boarding of any animal taken into custody pursuant to
34 subsection (a) herein. Upon payment of such penalty, the municipal court shall remit
35 such payment to the humane association or other animal care provider.




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36
37 (d) If a person is charged with a violation of section 10-2, 10-3, or 10-4, and that person
38 (the defendant) is the owner or keeper of the animal at issue, then the following shall
39 apply:
40 (1) If the animal at issue has been taken into custody pursuant to this section, the
41 receipt of a citation or complaint and summons specifying the charges shall be deemed
42 to be notice of the seizure of the animal, and if the defendant shall willfully and without
43 just cause fail to appear or otherwise respond in the municipal court as and when it may
44 be required of him or her by proper notice to do so, Defendant shall have seven days
45 from the date of the failure to appear to turn himself or herself in to the court for further
46 proceedings; however, if defendant fails to do so within that period, the defendant shall
47 be deemed to have forfeited all interest in the animal and it shall be deemed
48 abandoned, and all interest in such animal shall immediately, by operation of law, vest
49 to the humane association or other appropriate animal care provider for adoption or
50 other disposition, Provided That, nothing herein shall prohibit or otherwise interfere with
51 any other laws, rules, or procedures available to the municipal court to address the
52 defendant’s failure to appear; or
53
54 (2) If a personthe defendant has not otherwise already forfeited all interest in the
55 animal at issue by operation of law as set forth in subsection (1) herein for failure to
56 appear, and the defendant is adjudicated guilty of a violation of sections 10-2, 10-3, or
57 10-4, the municipal court judge may in his or her discretion order that such person the
58 defendant shall be deemed to have forfeited all interest in the animal at issue in the
59 violation and may vest all interest to the humane association or other appropriate animal
60 care provider for adoption or other disposition, and, if the animal at issue has not
61 already been taken into custody pursuant to this section, the municipal court judge shall
62 order the defendant to immediately turn over such animal to any police officer or
63 humane officer of the City who shall place the animal with the humane association or
64 other animal care provider as directed by the judge in his or her order.; or
65
66 (3) If the person defendant has not otherwise already forfeited all interest in the animal
67 at issue by operation of law as set forth in subsection (1) herein for failure to appear,
68 and the defendant is adjudicated not guilty of a violation of sections 10-2, 10-3, or 10-4,
69 or the charge(s) are otherwise be dismissed, and the animal at issue has been taken
70 into custody pursuant to this section, then the defendant shall have ten five days from
71 the date of the entry of the finding of not guilty or of dismissal to appear and claim said
72 animal. The defendant shall be responsible for all reasonable expenses incurred for the
73 care, provision, treatment, and boarding from the date of the entry of the disposition of
74 the case until redemption of the animal; provided that if the animal is not claimed within
75 ten five days from the date of entry of the finding of not guilty or of dismissal, then the
76 owner shall be deemed to have forfeited all interest in the dog animal, the doganimal
77 shall be deemed abandoned, and all interest in the animal shall vest to the humane
78 association or other animal care provider for adoption or other disposition.
79
80 (4) If the charges were pending in the municipal court prior to the date of the enactment
81 of this amended section, defendant has failed to appear for any required proceeding,




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 82 and the animal at issue has been taken into custody pursuant to this section, then the
 83 court is hereby directed to send the defendant a new notice of hearing by regular mail to
 84 the defendant’s address on file with the court setting the case for a hearing before the
 85 Court, and, if the defendant shall willfully and without just cause fail to appear or
 86 otherwise respond in the municipal court as and when it is required of him or her by the
 87 notice hearing to do so, Defendant shall have seven days from the date of the failure to
 88 appear to turn himself or herself in to the court for further proceedings; however, if
 89 defendant fails to do so within that period, the defendant shall be deemed to have
 90 forfeited all interest in the animal and it shall be deemed abandoned, and all interest in
 91 such animal shall immediately, by operation of law, vest to the humane association or
 92 other appropriate animal care provider for adoption or other disposition
 93
 94 (e) If a person other than the owner or keeper of an animal is charged with a violation of
 95 section 10-2, 10-3, or 10-4, or if, due to inability to immediately identify the culpable
 96 party responsible for the cruelty, no charges are brought, and the animal at issue is
 97 taken into custody by a police officer or humane officer pursuant to subsection (a) of this
 98 section, then:
 99
100 (1) if the identity of the owner or keeper of the animal is known, it shall be the duty of the
101 police officer or humane office to provide written notice of the seizure to the owner or
102 keeper of the animal, that the animal has been seized, and of the following
103 requirements which are a condition for the owner or keeper to retrieve the animal:
104
105 (A) He or she is liable for and must pay all reasonable expenses incurred for the care,
106 provision, treatment, and boarding of the animal during any period it remains in the
107 possession of the humane officer consistent with section 163 of this Chapter;
108
109 (B) He or she must appear and claim the animal and pay the reasonable expenses
110 incurred within five days from the date the notice is received, or, upon expiration of the
111 five-day time period, the owner or keeper shall be deemed to have forfeited all interest
112 in the animal and it shall be deemed abandoned and all interest in such animal shall
113 immediately, by operation of law, vest to the humane association or other animal care
114 provider for adoption or other disposition; or
115
116 (2) if the identity of the owner or keeper of the animal is not known, the owner of the
117 animal so impounded pursuant to the provisions of this article must appear and claim
118 the said animal within five days from the date the animal is impounded. The owner shall
119 be responsible for all reasonable expenses incurred for the care, provision, treatment,
120 and boarding from the date of the impoundment until redemption of the animal; provided
121 that if the animal is not claimed within five days from the date of impoundment, then the
122 owner, if any, shall be deemed to have forfeited all interest in the animal, the animal
123 shall be deemed abandoned, and all interest in the animal shall immediately, by
124 operation of law, vest to the humane association or other animal care provider for
125 adoption or other disposition.
126
127 (ef) Subject to the exceptions contained in subsections (1) and (2) herein, a person




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128 convicted of a violation of sections 10-2, 10-3 or 10-4 shall be punished by a fine of not
129 less more than $500.00$1,000.00 for each separate violation arising under sections 10-
130 2, 10-3 or 10-4. For violations of subsection 10-3(a)(1), and in addition to the fines set
131 forth herein, the municipal court judge may, in his discretion, order that the defendant be
132 sentenced to a jail term of not more than 30 days for each separate violation arising
133 under subsection 10-3(a)(1).
134
135 (1) Except for violation of subsections 10-3(a)(1)a.—c., in the case of a first offense of
136 sections 10-3 or 10-4, if the defendant enters a plea of guilty or no contest and
137 voluntarily forfeits his right to own any animal within the city limits for one year, the
138 municipal court judge may, in his discretion, reduce or suspend the fine: provided that if
139 the defendant violates the terms of the plea regarding forfeiture, then the full amount of
140 the fine shall be reinstated upon proper findings and conclusions of the court.
141
142 (2) Except for violation of subsections 10-3(a)(1)a.—c., the municipal court judge shall
143 have the authority, on one occasion only per defendant, to withhold for a reasonable
144 time not to exceed 180 days the entry of a judgment of conviction for violations under
145 sections 10-3 or 10-4 so that the defendant may attend an animal training program
146 established or certified by the humane association. If the defendant attends said course,
147 the municipal court judge, if satisfied with the defendant's participation in and proof of
148 payment for the course, shall, without entering a judgment of conviction, dismiss the
149 proceeding against the defendant. It shall be a condition of this alternative disposition
150 that the defendant pay the regular court costs required for misdemeanor offenses by
151 this code where a person is convicted of such a misdemeanor offense. Any such court
152 costs collected by the municipal court shall be allocated and transmitted by the
153 municipal court as required by law.
154




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