PRESENT: L. D. EGNOR, PRESIDENT
EARL “JR”
BLANKENSHIP, COMMISSIONER
ROBERT L.
BAILEY, COMMISSIONER
WILLIAM T. WATSON, COUNTY ATTORNEY
GLENN WHITE, COUNTY MANAGER
JUANITA FERGUSON, ASSISTANT COUNTY
MANAGER FOR
PERSONNEL AND PURCHASING
SHARON ROSS, ASSISTANT COUNTY
MANAGER FOR
BILLABLES AND PAYABLES
L. D. Egnor, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
Earl “JR” Blankenship, Commissioner, moved to approve the agenda as presented. Robert L. Bailey, Commissioner, seconded the motion. Glenn White, County Manager, stated the Kelly Dyke and Thomas McChesney item should be rescheduled at a later date. President Egnor further stated a discussion of a property sale would be addressed after the last item on the agenda.
President Egnor called for a vote on amending the agenda as stated and the vote was unanimous. President Egnor also called for a vote to approve the agenda and the vote was unanimous.
Robert L Bailey, Commissioner, moved to approve purchase orders #2207-W through #2544-W and pay jackets. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
Earl “JR” Blankenship, Commissioner, moved to approve minutes from the regular meeting of October 3, 2002 and erroneous assessments/land consolidations/split tickets and probate documents. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve the hand written checks not to exceed $100,000.00 for Mountain State Blue Cross Blue Shield from the Cabell County Medical Insurance Fund. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
PAGE TWO
L. D. Egnor, President, stated he had been informed by the Director of Security that part of the hardware had been received and at present the matter was on course.
#275 RESOLUTION-CABELL COUNTY COMMISSION
RE:
BALLOT INSPECTION AND EQUIPMENT TESTING
Earl “JR” Blankenship, Commissioner, moved to approve the
advertisement of the ballot inspection and equipment testing dates as set forth
in the resolution. Robert L.
Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
APPEARING: VICKIE
SHAFFER, CHAIR, CABELL COUNTY
DEVELOPMENT
AUTHORITY
RE:
AWARD RECEIVED FROM ADVANTAGE
VALLEY, INC.
Vickie Shaffer, Chairperson for the Cabell County Development Authority, presented an award to the Commission, which she had received on behalf of the Development Authority, from the Advantage Valley, Inc., for outstanding cooperation as a member of Advantage Valley Partners, LLC.
#276 RESOLUTION-CABELL COUNTY COMMISSION
RE:
ISSUANCE OF COMMERCIAL DEVELOPMENT
BONDS BY THE FOSTER FOUNDATION
Fred Williams, Steptoe & Johnson law firm, appeared before the Commission to request approval for the issuance of commercial development revenue bonds for acquiring, constructing and equipping a new addition to the Foster Foundation’s existing healthcare facility, located at the Woodlands in Huntington.
After a brief discussion, Earl “JR” Blankenship,
Commissioner, moved to approve the resolution and amended the motion to
instruct the Clerk to publish the notice of “Public Hearing”. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(B)
THURSDAY, OCTOBER 17, 2002
PAGE THREE
APPEARING: SHIRLEY
LAWSON, DIRECTOR-E911
RE:
CABELL COUNTY EMERGENCY OPERATION
PLAN 2002
Shirley Lawson, Director E-911, appeared before the Commission to present the latest emergency operations plan for Cabell County. Ms. Lawson stated the plan had been completed through a grant from the state, in the amount of $6,000.00. Mrs. Lawson went on to say the information would be shared with area local emergency responders, as soon as it was adopted by the Commission.
Earl “JR” Blankenship, Commissioner, moved to approve the
adoption of the emergency operations plan as presented. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(C)
L. D. Egnor, President, requested William T. Watson, County Attorney, review the plan and report any concerns he had to report back to the Commission.
#277 LETTER-HUNTINGTON SYMPHONY ORCHESTRA
RE:
DONATION REQUEST-PICNIC WITH THE POPS
Jim Morgan, President of the Huntington Symphony Orchestra Association, appeared before the Commission to request $4,000.00, from Hotel/Motel Tax fund. Mr. Morgan stated this was an annual donation request.
Robert L. Bailey, Commissioner, moved to approve the donation of $4,000.00, for the Huntington Symphony Orchestra, from the Hotel/Motel Tax fund. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
#278 LETTER-MARGARET MARY LAYNE,
EXECUTIVE
DIRECTOR, HUNTINGTON MUSEUM OF
ART
RE: REQUEST FOR FUNDING
Margaret Mary Layne, Executive Director of the Huntington Museum of Art, appeared before the Commission to request funding in the amount of $13,500.00, for general operation and $2,000.00 for a mummy exhibit. Ms. Layne stated this was the 50th year anniversary for the museum. Ms. Layne further stated the mummy exhibit was an Egyptian exhibition, which would be at the Museum for a period of two years. Ms. Layne went on to say the exhibit would consist of a mummy and its sarcophagus along with Egyptian funerary
PAGE FOUR
objects, borrowed from a Metropolitan Museum in New York and the Cincinnati Museum. Ms. Layne further stated the entire Switzer-Maine Gallery would be constructed to resemble a period tomb which would contain the exhibit.
Robert L. Bailey, Commissioner, moved to approve the funding of $13,500.00, for general funding and for $2,000.00, for the mummy exhibit, from the Hotel/Motel Tax fund. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
#279 LETTER-CABELL COUNTY PUBLIC LIBRARY
RE:
DONATION REQUEST
Margo Durban, representing Cabell County Public Library, appeared before the Commission requesting a donation of $5,000.00, to assist with the Ohio River Festival of Books, which would take place on November 9, 2002. Ms. Durban stated the festival would be a celebration of regional heritage of authors, artists, books and reading. Ms. Durban went on to say the Huntington Civic Center would be the gathering place for more than 100 tri-state authors.
Robert L. Bailey, Commissioner, moved to approve a
donation in the amount of $5,000.00, for the Ohio River Festival of Books from
Hotel/Motel Tax fund.
Glenn White, County Manager, informed the Commission that a donation in the amount of $5,000.00 would not leave much in the Hotel/Motel Tax fund. Mr. White went on to say that when he had spoke with Ms. Rule, Director of the Cabell County Public Library, she had requested a donation of $5,000.00, however, he had not indicated to her that this amount would be approved.
L. D. Egnor, President suggested reducing the donation to $4,000.00 to help keep a small reserve for other projects through the year.
Commissioner Bailey amended his motion to reflect a donation of $4,000.00, reduced from $5,000.00, for the Festival of Books to be taken from the Hotel/Motel Tax fund. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
Glenn White, County Manager, explained the funds being expended were from the Hotel/Motel Tax fund which are not general tax dollars and the reason they were being used was to promote tourism.
PAGE FIVE
#280 LETTER-VILLAGE OF BARBOURSVILLE
RE:
DONATION REQUEST
Stephen Parsons, Village of Barboursville’s Department of Public Works, appeared before the Commission to request a donation of $8,000.00 from the Senior Levy to complete the Senior Park for Barboursville.
Earl “JR” Blankenship, Commissioner, moved to approve the donation of $8,000.00 to the Village of Barboursville, for the completion of the Senior Park from the Senior Citizen’s Levy funds. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#281 PETITION TO REOPEN ESTATE
RE:
ESTATE OF DAISY W. PETERS
William T. Watson, County Attorney, stated he was of the opinion the estate should be referred to a Fiduciary Commissioner for examination of the estate and after reviewing all information to return with a recommendation to the Commission. Mr. Watson stated the revocation of the appointment of Rebecca Ann Peters and the appointment of Gerald Peters as the Personal Representative, would be held in abeyance until the recommendations by the Fiduciary Commissioner were received.
Robert L. Bailey, Commissioner, moved to approve reopening the estate of Daisy W. Peters and referring the estate to a Fiduciary Commissioner. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
#282 CABELL COUNTY COMMISSION
RE:
EASEMENT AGREEMENTS-PEA RIDGE PUBLIC
SERVICE DISTRICT
Juanita Ferguson, Assistant County Manager for Personnel and Purchasing, informed the Commission the easements were for county owned property and were connected with a sewer project in the Pea Ridge area.
Earl “JR” Blankenship, Commissioner, moved to approve signing the easements for the Pea Ridge Public Service District sewer project in the Darnell Road area, which had been purchased by the FEMA grant. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
PAGE SIX
RE:
SETTLEMENT WITH GARY LAMBERT
William T. Watson, County Attorney, stated the matter had been settled and reviewed by staff at the jail. Mr. Watson further stated he recommended accepting the settlement in
the amount of $10,783.99.
Earl “JR” Blankenship, Commissioner, moved to approve a settlement in the amount of $10,783.99, with Gary Lambert as presented. L. D. Egnor, President, seconded the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner aye
Robert L. Bailey, Commissioner nay
CITIZENS TO SPEAK:
Tommy Harbour, City of Milton Mayor, appeared before the Commission in support of the Hazard Mitigation Plan and to thank the Commission for their support. Mr. Harbour went on to say the Pumpkin Festival had been a huge success.
Eleanor Shaw, citizen, appeared before the Commission to request continuation of a homestead exemption. Mrs. Shaw’s husband was deceased and the name had not been changed on her homestead exemption. Ottie Adkins, County Assessor, informed the Commission a correction of the name on the homestead exemption had to be addressed during a Commission meeting.
Robert L. Bailey, Commissioner, moved to approve the homestead exemption be granted to Eleanor Shaw. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
Jim Schiedler, Chief Sheriff’s Deputy, appeared before the Commission to request permission to replace a vehicle which had been involved in an accident and was determined to be totaled. Deputy Schiedler stated equipment from the wrecked vehicle could be used on the new vehicle.
Earl “JR” Blankenship, Commissioner, moved to approve the
purchase of a new vehicle to replace the one which had been totaled. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous.
PAGE SEVEN
Glenn White, County Manager, stated he was sure the Commission would follow suit and use a state contract as had been used in purchasing other vehicles. Mr. White also stated the appropriate budget adjustments would be made prior to the comittment of funds.
RE:
PERSONNEL ISSUE-ROBERT BELL
Robert L. Bailey, Commissioner, moved to approve going into executive session to hear the personnel issues concerning Robert Bell. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
The Commission moved into executive session at 11:00 a.m.
L. D. Egnor, President, called the meeting back to order at 11:10 a.m.
William T. Watson, County Attorney, explained that Robert Bell preferred to have his case heard in open court. Mr. Watson stated no matters concerning the issue had been discussed, only Mr. Bell’s choice of moving back into an open meeting.
R. Lee Booten, Attorney for Robert Bell, stated Mr. Bell had not violated any county policy. Mr. Booten went on to say there was no county policy which addressed disciplinary action concerning a county employee who had been involved in a battery situation off county work time and premises.
After a lengthy discussion, L. D. Egnor, President, moved to terminate Robert Bell as a county employee. Robert L. Bailey, Commissioner, seconded the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner nay
Robert L. Bailey, Commissioner aye
Robert L. Bailey, Commissioner, moved to approve going into executive session to discuss the sale of county property. Earl “JR” Blankenship, Commissioner, seconded the motion and the vote was unanimous.
The Commission went into executive session at 11:55 a.m.
L. D. Egnor, President, called the meeting back to order at 11:59 a.m.
PAGE EIGHT
William T. Watson, County Attorney, stated the property known as Kiwanavista Park was progressing and close to a sale and the timber had been assessed as to it’s value and availability for harvest.
L. D. Egnor, President, stated it had been determined and the Commission was prepared to execute a purchase agreement with McGuire Realty Company, for the purchase of a building located at 631 Fourth Avenue, Huntington, at a cost of $220,000.00, along with an option to purchase the adjacent parking lot. President Egnor called for a motion to provide for that purchase of the property out of funds presently within the Commission’s building funds and to reimburse those funds with the proceeds from the sale of Kiwanavista Park and other county properties. President Egnor also stated in the same motion he would call for approval for the execution of an option to purchase the adjacent parking lot.
Robert L. Bailey, Commissioner, moved to approve the purchase of the building located at 631 Fourth Avenue, Huntington, at a cost of $220,000.00 and for the execution of an option to purchase the parking lot located at 631 Fourth Avenue, Huntington. L. D. Egnor, President, seconded the motion and the vote was as follows:
L. D. Egnor, President aye
Earl “JR” Blankenship, Commissioner nay
Robert L. Bailey, Commissioner aye
William T. Watson, County Attorney, clarified that the option for the purchase of the parking lot located at 633 Fourth Avenue, Huntington, at a cost of $95,000.00, was contingent upon the transfer of title of the building. Mr. Watson went on to say the President would need to authorize the issuance of a handwritten check for $1,000.00 as earnest money on the purchase of the building and also the signing of a Promissory Note in the amount of $1,000.00, for the option on the parking lot.
Steve Saunders, Green Valley Volunteer Fire Department, appeared before the Commission to present more detailed information concerning the water pressure at Green Valley Heights. President Egnor requested William T. Watson, County Attorney, review the information Mr. Saunders had presented.
L. D. Egnor, President, adjourned the meeting at 12:20 p.m., until the next regular scheduled meeting of October 31, 2002, at 10:00 a.m.
____________________________________________
PRESIDENT,
CABELL COUNTY COMMISSION
KSC:je