CHARLESTON, W.Va. -- Members of Nitro's City Council and the Putnam County Health Board met for the first time Tuesday evening to discuss a proposed agreement to put Nitro under Putnam County's jurisdiction, but officials are far from making a decision.

"Last night's meeting really raised more questions than answers," said Putnam County Commissioner Joe Haynes, a member of the county's health board.

Nitro officials want the Putnam health department to cover the city in order to bypass Kanawha County's smoking ban, which affects Nitro's Tri-State Racetrack and Gaming Center.

In no case would Nitro be annexed into Putnam County, Haynes said. The only thing that would change is Putnam County would be responsible for all health inspections, and medical and other services offered through the health department, he said.

Gambling would still remain illegal in Putnam County, and the county would not receive any tax revenue from Tri-State, Haynes said.

"It sounded like last night, if everything went their way, the best we could do is break even," he said. "It still doesn't give an incentive for Putnam County."

Putnam County already provides services to about one-third of Nitro's population; the Kanawha-Charleston Health Department serves the rest. The Kanawha-Putnam county line runs through Nitro, but the racetrack is in Kanawha County.

"We are in Putnam County. People forget that," Nitro City Councilman Craig Matthews said Tuesday evening. "It's not like we're coming from Mars with this."

A merger would put about 3,750 additional people under Putnam's jurisdiction in addition to about 40 businesses.

Nitro High and Nitro Elementary schools would also go under the Putnam health department's jurisdiction, but the schools would remain under the Kanawha County Board of Education.

Putnam Health Department Director Jackie Fleshman also asked Nitro city council members Tuesday what would happen if Putnam County enacted a smoking ban.

"We would certainly try to persuade you otherwise," Matthews said. But that decision is for the board and county citizens to make, he said.

The racetrack has lost about $9 million from the smoking ban -- about $300,000 a month, Matthews said.

CHARLESTON, W.Va. -- Members of Nitro's City Council and the Putnam County Health Board met for the first time Tuesday evening to discuss a proposed agreement to put Nitro under Putnam County's jurisdiction, but officials are far from making a decision.

"Last night's meeting really raised more questions than answers," said Putnam County Commissioner Joe Haynes, a member of the county's health board.

Nitro officials want the Putnam health department to cover the city in order to bypass Kanawha County's smoking ban, which affects Nitro's Tri-State Racetrack and Gaming Center.

In no case would Nitro be annexed into Putnam County, Haynes said. The only thing that would change is Putnam County would be responsible for all health inspections, and medical and other services offered through the health department, he said.

Gambling would still remain illegal in Putnam County, and the county would not receive any tax revenue from Tri-State, Haynes said.

"It sounded like last night, if everything went their way, the best we could do is break even," he said. "It still doesn't give an incentive for Putnam County."

Putnam County already provides services to about one-third of Nitro's population; the Kanawha-Charleston Health Department serves the rest. The Kanawha-Putnam county line runs through Nitro, but the racetrack is in Kanawha County.

"We are in Putnam County. People forget that," Nitro City Councilman Craig Matthews said Tuesday evening. "It's not like we're coming from Mars with this."

A merger would put about 3,750 additional people under Putnam's jurisdiction in addition to about 40 businesses.

Nitro High and Nitro Elementary schools would also go under the Putnam health department's jurisdiction, but the schools would remain under the Kanawha County Board of Education.

Putnam Health Department Director Jackie Fleshman also asked Nitro city council members Tuesday what would happen if Putnam County enacted a smoking ban.

"We would certainly try to persuade you otherwise," Matthews said. But that decision is for the board and county citizens to make, he said.

The racetrack has lost about $9 million from the smoking ban -- about $300,000 a month, Matthews said.

"Is it the economy or is it the smoking ban? I think it's a little of both," he said.

Nitro officials say that's cost them between $100,000 and $200,000 a month.

The Putnam Health Board can only make a recommendation on the issue. The county commission will make the final decision, which then has to be approved by the state. 

Fleshman said Putnam employs three health inspectors and would need to hire at least two more inspectors to cover the additional territory, at a minimum cost of $140,000 a year. The county would also need to hire additional nursing staff.

"All of the services that we offer now would be open to them," Fleshman said Tuesday.

Matthews said Nitro would pay for the additional staff. "Once we are merged together, the city of Nitro is responsible to foot that bill," he said.

In August, Nitro City Council unanimously passed an ordinance to allow smoking in parts of Tri-State, after the Kanawha County health board refused to exempt the racetrack from the smoking ban.

The racetrack plans to build a smoking section on the gaming center's second floor, Matthews said. That area includes a separate air conditioning and filtration system, he said.

"We haven't put it in effect because it will immediately go into a legal fight," Matthews said.

The battle will most likely center on what kind of legality a health board that is made of appointed members has over a body of elected officials, he said.

The question of whether a city can pass an ordinance rescinding a county smoking ban has never been specifically addressed by the state Supreme Court. But courts have generally held that a smaller body like a city or town can't pass a law that is less restrictive than a law passed by a larger body like a county or a state.

"We'll be opening a can of worms," Matthews said.

Reach Veronica Nett at veroni...@wvgazette.com or 304-348-5113.