PRESENT: ROBERT
L. BAILEY, PRESIDENT
L.
D. EGNOR, COMMISSIONER
NANCY
CARTMILL, COMMISSIONER
WILLIAM
T. WATSON, COUNTY ATTORNEY
GLENN
WHITE, COUNTY MANAGER
ABSENT: SHARON
ROSS, ASSISTANT COUNTY MANAGER
Robert L. Bailey, President, called the regular scheduled meeting of the Cabell County Commission to order at 1:30 p.m.
Nancy Cartmill, Commissioner, moved to approve the agenda as presented. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve purchase orders #2913 X through #3248 X and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the minutes for the October 31, 2003 Special Meeting, the minutes of the November 6, 2003 Regular Meeting, erroneous assessments/land consolidations/split tickets and probate documentation. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield and Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Sheriff, Kim Wolfe, reported the Board of Advisors had met and made a recommendation for the purchase of equipment and supplies for the Sheriff’s Department. Robert L. Bailey, President, asked if anyone would like to speak for or against the proposed expenditure of grant funds and no one appeared to speak. L. D. Egnor, Commissioner, moved to approve the expenditure of grant funds of $16,273.00, from the LLEBG Program, for the Sheriff’s Department. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, NOVEMBER 20, 2003
PAGE TWO
L. D. Egnor, Commissioner, read a letter from Judy Chappell, Project Manager for the Hazard Mitigation Grant Program, commending Connie Gray, Administrator of Grants, Planning and Permits, on the outstanding job Mrs. Gray did on the grant application for Cabell County.
“OPEN
BIDS” FOR THIRTEEN
MONITOR/DEFIBRILLATORS
FOR
CCEMS
Glenn White, County Manager, reported two bids were received for the monitor/defibrillators. Mr. White stated the first bid from Medtronics Physio-Control was $181,377.75 and the second bid from Zoll Medical was for $216,702.50. Mr. White suggested that Gordon Merry, CCEMS Director, review the bids to make sure that specifications had been met and to make a recommendation at the next meeting.
“OPEN BIDS” FOR
REPAIRS AND RENOVATIONS AT THE
GREENBOTTOM
COMMUNITY CENTER AND
SENIOR
CENTER
Glenn White, County Manger, stated that bids were advertised and a pre-bid meeting had been held with the contractors however, Mr. White reported the contractors suggested the Commission revise the order in which repairs are to be made to the center. Mr. White further stated the Greenbottom Senior requested to change the scope of the project (#282). No bids had been received.
#282 RESOLUTION,
CABELL COMMISSION
RE: GREENBOTTOM COMMUNITY CENTER/REQUEST
FOR PROJECT AMENDMENT SCOPE/ACTIVITY
CHANGE/REQUEST #1/GRANT #04-075
PROJECT #03CPGP0187
Nancy Cartmill, Commissioner, moved to approve the
request for a project amendment scope/activity change (Form 2) for the
Greenbottom Community and Senior Center.
L. D. Egnor, Commissioner, seconded the motion and the vote was
unanimous. Exhibit (A)
#283 RESOLUTION,
CABELL COUNTY COMMISSION
RE: PROPOSED PRECINCT LOCATION CHANGE
PRECINCT #35
Karen Cole, County Clerk, explained that Precinct #35, currently located at the Department of Human Services, 3135 16th Street Road, would be changed to Huntington High School, 1 Highlander Way, due to the Department of Human Services being unavailable.
THURSDAY, NOVEMBER 20, 2003
PAGE THREE
L. D. Egnor,
Commissioner, moved to approve location change for Precinct #35. Nancy Cartmill, Commissioner, seconded
the motion. Mr. Stephen Saunders stated
he had voted at Precinct #35 and his precinct had already been changed but it
had not been changed to the new location.
Karen Cole, County Clerk, informed the Commission that the notices for
this precinct location change had not been mailed and she then left the meeting
to determine the status of Mr. Saunders voting location.
#284 APPEARING: ADELL CHANDLER, CIRCUIT CLERK
RE:
SOFTWARE SYSTEMS/ MAINTENANCE CONTRACT
Glenn White, County Manager, stated this was the same standard maintenance contract that Software Systems Inc. had with the counties through out the State, for which they supply software. William Watson, County Attorney, informed the Commission he had reviewed the document and recommended the signing of the contract. Nancy Cartmill, Commissioner, moved to approve the maintenance contract with Software Systems, Inc., for the Circuit Clerk’s Office. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#283 Karen
Cole, County Clerk, informed the Commission that Mr. Saunders precinct change
was due to redistricting and not the location change of Precinct #35. Nancy
Cartmill, Commissioner, moved to approve the precinct change. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(B)
#285 LETTER,
KIM WOLFE, SHERIFF
RE: EMPLOYMENT
L. D. Egnor, Commissioner, moved to approve the employment of Billy Joe Bruce and Aaron Russell Finch as part-time Courthouse Security Officers, effective November 21, 2003, with a rate of pay of $10.00 per hour for each. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#286 FEDERAL
EQUITABLE SHARING AGREEMENT/
ANNUAL CERTIFICATION
Jim Schiedler, Chief Sheriff’s Deputy, informed the Commission this was an agreement with the Federal Government stating, that should Cabell County collect properties or monies through forfeitures it would go back to the Federal Drug Task Force. Nancy Cartmill, Commissioner, moved to approve the Federal Equitable Sharing Agreement Annual Certification. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, NOVEMBER 20, 2003
PAGE FOUR
#287 LETTER,
COUNTY COMMISSION
RE: UNION RIDGE WATERLINE EXTENSION PROJECT
#02SCBG0021X/DRAW DOWN REQUEST #5
$118,692.83
Nancy Cartmill, Commissioner, moved to approve Draw Down Request #5, for $118,692.83, for the Union Ridge Waterline Extension project. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
APPEARING: OSTIE MATHISEN, CHAIRPERSON
CABELL
COUNTY PLANNING COMMISSION
RE: PRESENTATION OF ADULT ENTERTAINMENT
ORDINANCE TO THE COMMISSION
Ostie Mathisen, Chairman of the Planning Commission, gave background information to the Commission on the preparation of the ordinance on adult entertainment. Mr. Mathisen went on to say the public meetings, which were held in Milton, Barboursville and Huntington, were advertised in the newspaper and at that time public comments were heard. Mr. Mathisen further stated the Planning Commission received comments from area businesses, property owners and Law Enforcements Agencies and the Planning Commission believed the passing of this ordinance was the right direction for the County Commission to take.
Larry Legge, Cabell County resident, stated he supported the ordinance and requested the County Commission consider approving a Public Hearing.
#288 RESOLUTION,
CABELL COUNTY COMMISSION
RE: AUTHORIZING THE PUBLICATION OF A PUBLIC
HEARING PERTAINING TO THE PROPOSED
ADOPTION OF AN ORDINANCE FOR THE
REGULATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS IN CABELL COUNTY, WV
L. D. Egnor, Commissioner, moved to approve the
publication of a notice for a Public Hearing to be held on Thursday, December
4, 2003, at 10:00 a.m., in the County Commission Chambers on the adoption of an
ordinance regulating adult entertainment establishments. Nancy Cartmill, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(C)
THURSDAY, NOVEMBER 20, 2003
PAGE FIVE
#289 RESOLUTION, CABELL
COUNTY COMMISSION
RE: AUTHORIZATION FOR VOLUNTEER FIRE
DEPARTMENTS TO CHARGE FOR SERVICES
Glenn White, County Manager, explained this resolution
would allow the Volunteer Fire Departments to charge for services
rendered. Mr. White reported the Cabell
County Fire Chiefs’ Association submitted a list of rates they would like to
charge the responsible party for approval from the Commission.
Stephen Saunders, Fire Chief of the Green Valley Fire Department, stated the association had worked several months on the rates for services and felt it was necessary to the funding of the Volunteer Fire Departments that the resolution be approved.
L. D. Egnor, Commissioner, moved to approve the resolution
authorizing the Volunteer Fire Departments to charge for services. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(D)
#290 APPEARING: GORDON MERRY, CCEMS DIRECTOR
RE: ADDING AN ADDITIONAL SQUAD TO CCEMS
Gordon Merry, CCEMS Director, requested that the Commission approve adding an additional squad to their fleet. Mr. Merry stated that adding a squad would lessen the burden on the other squads and give better coverage to the citizens. Mr. Merry further stated that this should not be a problem to his budget.
Nancy Cartmill, Commissioner, moved to approve the adding of an additional squad to CCEMS. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#291 APPEARING: GORDON MERRY, CCEMS DIRECTOR
RE: LETTER FROM STEPHEN S. KAPPA, DIRECTOR
OFFICE OF EMERGENCY SERVICES REGARDING
FUNDING FOR EMERGENCY OPERATIONS
PLANNER POSITION
Gordon Merry, CCEMS Director, informed the Commission he had lost his Emergency Operation Planner and he was now requesting approval to hire a replacement. Mr. Merry also stated the State would fund this program until 2005, however, there was a three month period that the funds would not be available and the County would have to pay the salary for that three month period. Mr. Merry said the County would be reimbursed 50% of the amount.
THURSDAY, NOVEMBER 20, 2003
PAGE SIX
L. D. Egnor, Commissioner, moved to continue this item until the next meeting. Motion died for lack of second.
Mr. Merry stated it was important to let the State know if the County would be participating in the grant. Mr. Merry also said the State would like to reallocate the grant money which was designated for the Operation Planner through December 31, 2003.
L. D. Egnor, Commissioner, moved to allow the balance of the grant money to be reallocated with the understanding that the Cabell County Commission intended to fill the position of Emergency Operation Planner January 1, 2004. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#292 APPEARING: BRIAN O’NEILL, DATA PROCESSING
DIRECTOR
RE: SERVICES CONTRACT BETWEEN THE CABELL
CABELL COUNTY COMMISSION AND PHILLIP
M. ADKINS, INDEPENDENT CONTRACTOR
Glenn White, County Manager, explained that Data Processing was trying to become more self-sufficient and not be so dependent on the previous Processing Director, who may not want to continue in his capacity as a consultant. Mr. White stated that hiring an expert computer programmer, who would work two days a week to rewrite the codes to make them our own, would be beneficial to Data Processing and other offices in the Courthouse that are constantly having problems.
Robert L. Bailey, President, stated he did not understand why the County needed to hire another computer programmer. President Bailey asked Data Processing Director, Brian O’Neill, if he could program computers. Mr. O’Neill replied that he could program, however, he did not have the time to be the Director of the Department, coding programs and move the department forward, especially with the new phone system.
Commissioner Cartmill stated she understood what Mr. O’Neill was facing and this change was long over due, even if the County had to pay someone to come in to get the job done quickly so that everyone had a system that was workable.
After much discussion Nancy Cartmill, Commissioner, moved to hire Philip M. Adkins to provide consulting assistance to the Data Processing Center, at $60.00 dollars an hour. L. D. Egnor, Commissioner, seconded the motion.
Tom Bell, Chief Tax Deputy, expressed his concern regarding the wording of the contract. Mr. Bell stated one of his questions would be who would own the coding and the software. Mr. Bell suggested the wording in the contract be changed to include the ownership of the work product.
THURSDAY, NOVEMBER 20, 2003
PAGE SEVEN
Mr. Bell stated his next concern in the contract would be
to make sure the independent contractor was in good standing with his insurance
and workers compensation. Mr. Bell
suggested the contract be revised to reflect those two items.
William Watson, County Attorney, stated the first suggestion might have some merit. Mr. Watson replied on the second suggestion that he believed the language in the contract supported the fact that Mr. Adkins was an independent contractor who would be responsible for his insurance and worker’s compensation. Mr. Watson further stated the contract could be amended to provide that any work product generated would be owned by the County and not the contractor.
Mr. Watson stated he would amend the contract to read that any work product produced would be property of the County’s. Mr. Watson suggested that the President be authorized to sign the new contract once modified. L. D. Egnor, Commissioner, stated he would make that a part of the previous motion. The vote was as follows:
Robert L.
Bailey, President nay
Nancy
Cartmill, Commissioner aye
L.
D. Egnor, Commissioner aye
#293 LETTER AND
RESOLUTION, CABELL COUNTY
COMMISSION
RE: LEGISLATIVE DIGEST GRANT APPLICATION
TRI-STATE FIRE ACADEMY/$29,000.00
PROJECT NUMBER: 04CPGP0016
Connie Gray, Administrator of Grants, Planning and
Permits, explained this grant would be used to purchase supplies and equipment
necessary to set up a computer lab.
Nancy Cartmill, Commissioner, moved to approve the filing of a
Legislative Digest Grant Application for the Tri-State Fire Academy in the
amount of $29,000.00. L. D. Egnor,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
#294 RESOLUTION,
CABELL COUNTY COMMISSION
RE: REAPPOINTMENT/CHARLES E. ROMINE
MEMBER TO THE CABELL-HUNTINGTON
BOARD
OF HEALTH
L. D. Egnor, Commissioner, moved to approve the
reappointment of Charles E. Romine as a member to the Cabell-Huntington Board
of Health for a five year term, effective January 1, 2004 and ending December
31, 2009. Nancy Cartmill, Commissioner,
seconded the motion and the vote was unanimous.
Exhibit (F)
THURSDAY, NOVEMBER 20, 2003
PAGE EIGHT
#295 RESOLUTION,
CABELL COUNTY COMMISSION
RE: REVISING THE MEDICAL INSURANCE COVERAGE
RELATING TO COUNTY JAIL PERSONNEL OF
CABELL COUNTY, WEST VIRGINIA
Glenn White, County Manager, explained there was a problem with the current medical policy for the county jail employees who are going to work at the Regional Jail. Mr. White stated there will be a gap in the medical coverage when the county jail employees terminate their employment with the County and begin work at the Regional Jail. Mr. White further stated this resolution would take care of the transitional period so the employees would have continuous coverage.
Nancy Cartmill, Commissioner, moved to revise the
medical insurance coverage relating to County Jail Personnel. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(G)
#296 BILLING
CONTRACT E-911
RE: BETWEEN THE CABELL COUNTY COMMISSION
AND VERIZON WEST VIRGINIA, INC
Shirley Lawson, E-911 Director, explained this contract would generate funds for E-911 by having Verizon bill each business the full rate for the first eight lines with additional lines billed at an eight to one ratio. Mrs. Lawson further stated that currently, businesses with Centrex or PBX Service pay for all their lines at the eight to one ratio. Nancy Cartmill, Commissioner, moved to approve the contract between the Cabell County Commission and Verizon. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#297 EXECUTION
OF DEED-301 EIGHTH STREET WEST
HUNTINGTON,
WEST VIRGINIA
William Watson, County Attorney, informed the Commission this deed was for the property the State Armory Board would be purchasing for $80,000.00. L. D. Egnor, Commissioner, moved to authorize the President of the Commission to sign the deed for the property at 301 8th Street West. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#298 RESOLUTION,
CABELL COUNTY GENERAL FUND
STATE
BUDGET REVISION #5
Nancy Cartmill, Commissioner, moved to approve General
Fund State Budget Revision #5. L. D.
Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)
THURSDAY, NOVEMBER 20, 2003
PAGE NINE
PLACE ON
RECORD:
L. D. Egnor, Commissioner, moved to approve placing on record the minutes from the Culloden Public Service District, Regular Meeting, September 10, 2003, Culloden Public Service District, Special Meeting, September 24, 2003, Culloden Public Service District, Regular Meeting, October 22, 2003, Culloden Public Service District, Special Meeting, October 29, 2003; Pea Ridge Service District, Regular Meeting, September 8, 2003, Pea Ridge Public Service, Regular Meeting, October 13, 2003; Salt Rock Water Public Service District, Regular Meeting, October 14, 2003; Great Kanawha RC&D Board of Directors Meeting Minutes, October 15, 2003; Tri-State Airport Authority, Regular Meeting, September 18, 2003; Cabell-Huntington Health Department, Monthly Report, Clinic, September , 2003, Cabell-Huntington Health Department, Environmental Health Combined Narrative, September 2003, Cabell-Huntington Health Department, Children’s Dental Education Report, September, 2003; Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, October, 2003. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
OTHER DOCUMENTATION:
L. D. Egnor, Commissioner, moved to approve placing on record The Bank of New York-Various Trust Account Statements, October 31, 2003. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President,
adjourned the meeting at 3:16 p.m., until the next regular scheduled meeting on
December 4, 2003, at 10:00 a.m.
___________________________________
PRESIDENT,
COUNTY COMMISSION
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