Minutes THURSDAY, DECEMBER 5, 2002

THURSDAY, DECEMBER 5, 2002

 

 PRESENT:             L. D. EGNOR, PRESIDENT

                                 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

 

ABSENT:       EARL “JR” BLANKENSHIP, COMMISSIONER

 

L. D. Egnor, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.

 

President Egnor informed those present that Commissioner Blankenship had undergone a medical treatment and was resting well.

 

APPROVE:

 

Robert L. Bailey, Commissioner, moved to approve the agenda as presented.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

Robert L Bailey, Commissioner, moved to approve purchase orders #3053-W through #3487-W and pay jackets.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve minutes from the regular meeting of November 14, 2002, erroneous assessments/land consolidations/split tickets and probate documents.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

Robert L. Bailey, Commissioner, moved to approve hand written checks not to exceed $100,000.00 for Mountain State Blue Cross Blue Shield from the Cabell County Medical Insurance Fund.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

DISCUSSION:           COURTHOUSE SECURITY

 

Frank Simpson, Security Director, stated that all electronic locks and devices were operational.  Mr. Simpson went on to say that during the first three days of full operation the security staff had processed a total of 4,855 persons.  Mr. Simpson also stated 227 objects such as knifes, scissors and other objects, which could be used as a weapon had been held by security while the owners were in the courthouse.  

THURSDAY, DECEMBER 5, 2002

PAGE TWO

 

President Egnor stated that employees should use the keyed entrances assigned for them in view of the congestion at the Fourth Avenue entrance.  President Egnor went on to say he would like to clarify a few facts regarding the security system and stated the annual cost of operating the security system was $219,000.00; there were 19 part-time staff to monitor the entrances, but only six staff worked each day.  President Egnor stated using a pool of staff minimized the cost but provided the number of staff necessary to maintain the security system.     

 

#302                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:  ESTABLISHING A GENERAL POLICY AND

PROCEDURES FOR PROXIMITY IDENTIFICATION                         

CARDS FOR THE CABELL COUNTY COURTHOUSE

 

Glenn White, County Manager, stated a draft of the policy had been circulated among the elected officials and other department heads for their comments and from the comments he received it appeared everyone was in agreement with the policy. 

 

Robert L. Bailey, Commissioner, moved for approval of the policy and procedure for the Proximity Identification Cards for used at the Cabell County Courthouse.  L. D. Egnor, President, seconded the motion.

 

Karen S. Cole, County Clerk, stated she had a question regarding the issuance of key cards to non-employees.  Mrs. Cole went on to say she was under the impression that this was not to be included in the policy.

 

Mr. White stated the section regarding non-employees had been removed from the final draft but the copy in the packet had been included by mistake.  Mr. White went on to say the correct copy would be provided.

 

President Egnor stated he and Commissioner Bailey would withdrawal the motion and seconded until the correct copy was presented. 

 

#303                            KAREN S. COLE, COUNTY CLERK

 

                                    RE:  PART-TIME EMPLOYEE

 

Karen S. Cole, County Clerk, appeared before the Commission to request funding for one part-time position.  Mrs. Cole stated this employee would be scheduled 12 hours per week, from 4:00 p.m. to 8:00 p.m.; Tuesday, Wednesday and Thursday and would monitor Record Room for after hour usage by area law offices.  Mrs. Cole further stated the salary for this position would be $7.50 per hour.

 

THURSDAY, DECEMBER 5, 2002

PAGE THREE

 

Robert L. Bailey, Commissioner, moved to approve the funding for a part-time employee for the County Clerk’s office, for 12 hours per week, with a salary of $7.50 per hour.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

#304                            KIM WOLFE, SHERIFF

 

                                    RE:  DELINQUENT PROPERTY TAX LIEN SALE

 

Robert L. Bailey, Commissioner, moved to approve accepting the report of the delinquent property tax lien sale.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

#305                            KIM WOLFE, SHERIFF

 

                                    RE:  OVERAGE IN TAX OFFICE

 

Tom Bell, Chief Tax Deputy, appeared before the Commission to explain the overage in the Sheriff’s tax office and their recommendation to distribute the overage.  Mr. Bell stated this recommendation had been addressed in the recent audit by the State Auditor’s office.

 

Robert L. Bailey, Commissioner, moved to approve the recommendations for the distribution of overage in the tax office.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

L. D. Egnor, President, stated he had received a letter from Mr. David Tyson, Attorney, regarding an updated tax list of suits to be filed, which had not been provided to him as he had requested.  President Egnor directed Tom Bell, Chief Tax Deputy, to send that information to Mr. Tyson, forthwith.

 

DISCUSSION:           SICK LEAVE POLICY

 

Glenn White, County Manager, addressed the Commission concerning the current Sick Leave Policy.  Mr. White stated the current policy allowed an employee to carry over a maximum of 30 sick days each year for use in the upcoming year.  Mr. White went on to say the employee would then have those 30 days plus the 18 days they would accumulate for the current year to be used for sick leave.  Mr. White also stated that any remaining days that have been accumulated are not permitted to be used for sick leave but was retained for the employees’ retirement or insurance benefit purposes upon retirement.  Mr. White stated this policy may be deficient in providing Commission employees with what would be deemed an adequate amount of protection for their livelihood in the event of a serious illness.   

 

THURSDAY, DECEMBER 5, 2002

PAGE FOUR

 

Mr. White stated he and William T. Watson, County Attorney, were currently reviewing different options and would ultimately bring back recommendations to the Commission for a permanent modification of the policy regarding sick leave.  Mr. White further stated that due to the seriousness and urgency of the needs of two employees, he suggested that employees be temporarily allowed to carryover 90 days a year for sick leave with the understanding that number could be modified at a future date.

 

William T. Watson, County Attorney, stated recommendations would be made after review of short-term disability insurance as well as long-term disability coverage for employees.  Mr. Watson went on to say that for the present time a stopgap measure was needed, not just for correctional officers, but all employees.  Mr. Watson further stated after all information was gathered it would be presented to the Commission for the adoption of a revised sick leave policy that would address the other issues once cost was determined, such as was it affordable and what type of cost would it be to the employee to provide him/her with a short term policy. 

 

Robert L. Bailey, Commissioner, requested the policy be written to include employees being allowed to give sick days to another employee in their same department.

 

L. D. Egnor, President, stated as a temporary measure, employees could carryover and use 90 accumulated days as recommended by Mr. White and Mr. Watson and the policy would be a work in progress until all information was obtained and a final policy written and approved.    

 

#306                            GAIL STEPP FOR CAMPBELL, WOODS, BAGLEY,

                                    EMERSON, MCNEER AND HERNDON

 

                                    RE:   ESTATE OF VIRGINIA HOLT OTTO

 

Robert L. Bailey, Commissioner, stated he had been informed that Gail Stepp could not get into work due to the weather but she had stated that neither estate had any opposition to them. 

 

After a brief discussion, President Egnor, stated the Commission would move on to item #308 and not address #306 or #307 until Mr. Watson, County Attorney, returned to the meeting.

 

#308                            KATHY ELLIOTT-REGION II PLANNING AND 

                                    DEVELOPMENT 

 

                                    RE:  UNION RIDGE WATERLINE EXTENSION PROJECT

 

THURSDAY, DECEMBER 5, 2002

PAGE FIVE

 

 

 

Kathy Elliott, Region II Planning and Development Council, addressed the Commission to explain the agreement between Cabell County Commission and West Virginia Development Office for the Union Ridge waterline extension project.  Ms.

Elliott stated the agreement covered a two-year period and the first year was for $550,000.00 to begin the Union Ridge waterline extension project and the second year would also be for $550,000.00 for the completed project.  Ms. Elliott went on to say the documents were all necessary documents, needed for the project.  Ms. Elliott further stated checks for the project would need to be issued to through Region II Planning and Development office.

 

After a lengthy discussion Robert L. Bailey, Commissioner, moved to approve entering into the agreement with the West Virginia Development Office and the Cabell County Commission for the Union Ridge Waterline Extension Project.  L. D. Egnor, President, seconded the motion and the vote was unanimous.  Exhibit (B)

 

 

 

#306                            GAIL STEPP, FOR CAMPBELL, WOODS, BAGLEY,

                                    EMERSON, MCNEER AND HERNDON

 

                                    RE:  ESTATE OF VIRGINIA HOLT OTTO

 

Robert L. Bailey, Commissioner, moved to approve the petition and order.  L. D. Egnor, President, seconded the motion for purposes of discussion.

 

William T. Watson, County Attorney, stated the documents appeared to be in order and the heirs had been notified of the hearing and the order and petition, to have Hillary Lyons appointed as Administrator of the estate.  Mr. Watson further stated the Commission could require the continued bond if they chose to but the petition did not request a bond. 

 

Robert L. Bailey, Commissioner, withdrew his motion and L. D. Egnor withdrew his second.  Robert L. Bailey, Commissioner, moved to postpone item #306 until the meeting of December 19, 2002.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

 

 

THURSDAY, DECEMBER 5, 2002

PAGE SIX

 

 

#307                            GAIL STEPP, FOR CAMPBELL, WOODS, BAGLEY,

                                    EMERSON, MCNEER AND HERNDON

 

                                    RE:  ESTATE OF IMOGENE M. BROWN

 

William T. Watson, County Attorney, stated the petition and order would allow Alma Lorene Smith to resign and Ms. Simms be appointed Administratrix DBN, of the estate of Imogene M. Brown.  Mr. Watson further stated the bond in the sum of $50,000.00, submitted by Ms. Smith and secured by Debra Keaton would be released.

 

Robert L. Bailey, Commissioner, moved to approve the order and petition for the resignation of Alma Lorene Smith as Administratrix DBN and the appointment of Martha Gay Simms be Administratrix DBN for the estate of Imogene M. Brown.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

APPEARING:            GORDON MERRY, CCEMS DIRECTOR

 

                                    RE:  COUNTY POLICY FOR EMERGENCY TOWING

 

Gordon Merry, Cabell County Emergency Medical Services Director, appeared before the Commission to share information concerning the county emergency towing services.  Mr. Merry stated he had received a list from the Public Service Commission of all the companies in Cabell County who were licensed to provide towing service and a letter had been sent to each of those asking if they wished to participate.  Mr. Merry went on to say once the providers are identified and work zones distinguished, a call rotation system would be established.

 

Charles Thompson, owner and operator of Thompson’s Towing Service, questioned whether Thompson’s would be included on the rotation system.  Mr. Thompson went on to say his services had been stopped and he wanted to be assured he would not be taken off the list, under the new rotation system.

 

L. D. Egnor, President, stated the rotation of towing services would be established according to statute and E-911 would be operating the rotation system.  President Egnor went on to say the Commission would adhere to the established rotation system.

 

Jerry Skeens, River City Towing, stated he was appearing before the Commission in regard to the towing rotation.  Mr. Skeens stated that he had not been aware of the statute establishing the rotation system but would be interested in participating.

 

 

THURSDAY, DECEMBER 5, 2002

PAGE SEVEN

 

 

#309                            ROBERT S. MILLER, DEPUTY CHIEF, OHIO RIVER VFD

 

                                    RE:  FIRE HYDRANT AT 7135 OHIO RIVER ROAD

 

Robert S. Miller, Ohio River VFD Deputy Fire Chief, appeared before the Commission to present one-half of the cost to install the fire hydrant at 7135 Ohio River Road.  Mr. Miller went on to say the total cost would be $2,500.00 and the residents who would be served by the hydrant had contributed one-half of the cost, as had been established for other hydrants in the area and requested the Commission contribute the other half. 

Mr. Miller further stated residents within 1,000 feet of the hydrant would benefit with reduced insurance costs due to the installation of the hydrant.

 

Robert L. Bailey, Commissioner, moved to approve $1,285.00 for the installation of a fire hydrant, to be located at 7135 Ohio River Road.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

#310                            PETITION AND CONSENT

 

                                    RE:  TEMPORARY CUSTODY AND GUARDIANSHIP OF

                                             BLAKE R. KING AND BRADLEY D. KING

 

William T. Watson, County Attorney, explained that Lisa Dillon, mother of Blake and Bradley King, had agreed for them to live with their father in Florida.  Mr. Watson stated the boys were currently living in Florida with their father but he would need custody and guardianship papers to enroll them in school. 

 

Robert L. Bailey, Commissioner, moved to approve the petition granting temporary custody and guardianship of Blake R. King and Bradley D. King, to their father Bryan King.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

#311                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:  CHANGE OF SCOPE FOR GRANT #02-665

                                             CABELL-WAYNE ASSOCIATION OF THE BLIND

 

Robert L. Bailey, Commissioner, moved to approve the change of scope for #02-665 grant to include a Hazardous, Toxic and Radioactive Waste Investigation and Survey as part of their overall project.  L. D. Egnor, President, seconded the motion and the vote was unanimous.  Exhibit (C)

 

THURSDAY, DECEMBER 5, 2002

PAGE EIGHT

 

#312                            LETTER-JIM RAINES, OLD CENTRAL CITY

                                    ASSOCIATION

 

                                    RE:  REQUEST FOR FUNDS

 

Glenn White, County Attorney, stated the annual request from Old Central City Association was in the amount of $5,000.00, from Hotel/Motel Tax funds, to assist with the “Old Central City Days” and “Harvest Fest”.  Mr. White went on to say he had been in contact with Mr. Raines and informed him that with the constraints on the Hotel/Motel Tax funds $4,500.00 had been allocated for the Old Central City Association.  Mr. White recommended the request be approved at $4,500.00.

 

Robert L. Bailey, Commissioner, moved to approve the request for funding for Old Central City Association, in the amount of $4,500.00, from Hotel/Motel Tax funds  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

#313                            LETTER-ROBERT E. ROSWALL, CABELL COUNTY   

COMMUNITY SERVICES ORGANIZATION

 

                                    RE:  REQUEST FOR FUNDS

 

Robert E. Roswall, Director of Cabell County Community Services Organization, Inc., appeared before the Commission to request funding in the amount of $25,000.00, from the Senior Citizen’s Levy Fund, for the land purchase and development of the Fairfield West Senior Center.  Mr. Roswall went on to say there were tax liens from the City of Huntington against the proposed property but he had been assured those liens would be waived by the city.  Mr. Roswall stated he would withdrawal the request for $25,000.00, to be used in conjunction with “My Friends House”.

 

Robert L. Bailey, Commissioner, moved to approve the request for $25,000.00, for the proposed purchase of the Fairfield West Senior Center to be taken from the Senior Levy Tax Fund, contingent upon the property liens from the City of Huntington being waived.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

#314                            LETTER-TOMMY HARBOUR, MAYOR-CITY OF

                                    MILTON

 

                                    RE:  REQUEST FOR FUNDS

 

Glenn White, County Manager, stated that during the addition to the Milton Senior Citizen’s Center, total costs exceeded the budgeted funds by $9,000.00, as a result of a problem with the roof.  Mr. White went on to say that the Cabell County Community Services

THURSDAY, DECEMBER 5, 2002

PAGE NINE

 

 

Organization, Inc. had paid the overage.  Mr. White further stated he felt sure Mayor Harbour would not object to the check being made directly to Cabell County Community Services Organization, Inc.

 

Robert L. Bailey, Commissioner, moved to approve the $9,000.00 be paid to Cabell County Community Services Organization, Inc., on behalf of the Milton Senior Citizen’s Center for roof repair and cost over runs.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

#315                            LETTER-BARBARA KNIGHT, PRESIDENT,

GREENBOTTOM COMMUNITY AND SENIOR CENTER

 

RE:  REQUEST FOR FUNDS

 

Glenn White, County Manager, stated that he had reviewed the requests from the Greenbottom Community and Senior Center for several programs but that after discussing the current constraints on the Senior Citizen’s Levy Fund with Barbara Knight, she understood there would be funds available for permanent improvements but not for on-going service programs. 

 

Robert L. Bailey, Commissioner, moved to approve the funds for the Greenbottom Community and Senior Center, in the amount of $7,500.00 for kitchen expansion, from the Senior Citizen’s Levy Fund.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

#316                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:  EMPLOYMENT AT E-911

                                             ANTHONY CREMEANS, II, JONATHAN WHITLEY

                                             AND TABITHA SADDLER

 

Robert L. Bailey, Commissioner, moved to approve the employment of Anthony Cremeans, II, Jonathan Whitley and Tabitha Saddler, as full-time temporary telecommunicators for CCERC-E911, effective December 16, 2002, with an annual salary of $18,550.00.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

 

 

THURSDAY, DECEMBER 5, 2002

PAGE TEN

 

 

#317                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:  TRANSFER TWO VEHICLES TO THE CITY OF

                                             HUNTINGTON

 

Robert L. Bailey, Commissioner, moved to approve transferring two retired vehicles from the Sheriff’s department to the City of Huntington.  L. D. Egnor, President, seconded the motion and the vote was unanimous.  Exhibit (D) 

 

 

#318                            LETTER OF ENGAGEMENT-CABELL COUNTY

                                    COMMISSION AND STEPTOE AND JOHNSON

                                    AND FOSTER FOUNDATION

 

                                    RE:  REVENUE BONDS

 

William T. Watson, County Attorney, addressed the Commission regarding the bonds for the Foster Foundation’s Woodland project.  Mr. Watson went on to say that Steptoe and Johnson would be acting as a bond counsel for the project.

 

Robert L. Bailey, Commissioner, moved to approve the letter of engagement between the Cabell County Commission, Steptoe and Johnson and the Foster Foundation, for the issuance of revenue bonds for the Woodlands project.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

DISCUSSION:           PURCHASE OF 633 FOURTH AVENUE

 

William T. Watson, County Attorney, explained this was the parking lot located at 633 Fourth Avenue, for which the Commission had executed a purchase option agreement in the amount of $95,000, everything had been completed and all that was necessary for him to proceed was a motion to purchase.

 

Robert L. Bailey, Commissioner, moved to approve exercising the option to purchase the property located at 633 Fourth Avenue, Huntington, West Virginia, at a cost of $95,000.00.  L. D. Egnor, President, seconded the motion and the vote was unanimous.

 

 

 

 

 

THURSDAY, DECEMBER 5, 2002

PAGE ELEVEN

 

 

#319                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:  STATE BUDGET REVISION #6

 

Glenn White, County Manager, stated the budget revision reflected several item which had been approved at earlier meetings.  Mr. White stated several changes addressed items

for the County Clerk’s office, such as the copier and part-time staff and also Commission changes, which needed to be increased due to employees who were retiring.

 

Robert L. Bailey, Commissioner, moved to approve the state budget revision #6 for the General Fund.  L. D. Egnor, President, seconded the motion and the vote was unanimous.  Exhibit (E)

 

Glenn White, County Manager, presented the true copy of item #302, establishing the General Policy and Procedures for Proximity Identification Cards which had been addressed at the start of the meeting.

 

Robert L. Bailey, Commissioner, moved to approve the policy and procedure for the Proximity Identification Cards to be used by courthouse employees.  L. D. Egnor, President, seconded the motion and the vote was unanimous.  Exhibit (A)

 

L. D. Egnor, President, adjourned the meeting at 12:03 p.m., until the next regular scheduled meeting of December 19, 2002, at 10:00 a.m.

 

 

 

 

                                                ____________________________________________

                                                PRESIDENT, CABELL COUNTY COMMISSION

 

 

 

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