THURSDAY, MARCH 27, 2003

 

 

PRESENT:                 ROBERT L. BAILEY, PRESIDENT

                                    L. D. EGNOR, COMMISSIONER

NANCY CARTMILL, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

GLENN WHITE, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER FOR

                                    BILLABLES AND PAYABLES

 

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

 

APPROVE:

 

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 #5552-W through #5844-W and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve minutes from the March 13, 2003 regular meeting as well as erroneous assessment/land consolidations/split tickets and probate documents.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

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

 

 

#067                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:  RECOGNITION OF THE ARMED FORCES OF THE

                                             UNITED STATES OF AMERICA

 

L. D. Egnor, Commissioner, moved to approve the resolution honoring the Armed Forces of the United States of American and acknowledging our indebtedness to them.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

 

 

THURSDAY, MARCH 27, 2003

PAGE TWO

 

#068                            ORDER OF APPOINTMENT FOR GUARDIANSHIP

 

                                    RE:  MARY “MOLLIE” FRANCES TAYLOR

 

William T. Watson, County Attorney, addressed the Commission to explain the order presented for the guardianship of Mary “Mollie” Frances Taylor, a minor, had been changed to reflect that Joseph Daniel and Nancy H. McMullen be appointed guardians of both the person and the estate of Mollie Taylor.  Mr. Watson went on to say sufficient bond, equal to the value of the minor’s estate, would be provided as soon as the value was determined and that a Fiduciary Commissioner would be appointed.

 

L. D. Egnor, Commissioner, moved to approve the order for the guardianship of Mary “Mollie” Frances Taylor, a minor and her estate and that a Fiduciary Commissioner be appointed.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#069                            APPEARING-CHARLES M. HATCHER, ATTORNEY

 

RE:  NOTICE AND PETITION TO REMOVE CO-

         ADMINISTRATOR IN THE ESTATE OF

         ROGER H. SMITH

 

Moved to last item on agenda.

 

#070                            APPEARING-LEE BOOTEN, ATTORNEY

 

                                    RE:  MOTION TO WITHDRAW AS COUNSEL FOR

                                             CO-EXECUTOR, ROGER W. SMITH   

 

Moved to last item on agenda.

 

#071                            APPEARING-W. MICHAEL FRAZIER, ATTORNEY

 

                                    RE:  PETITION TO CLOSE AN UNUSED PORTION OF

         SEMINOLE ROAD, GUYANDOTTE AND

         HUNTINGTON-GUYANDOTTE DISTRICT

 

W. Michael Frazier, Attorney representing Seneca Woods Company, requested a hearing date and time for public input into the closing of an unused portion of a road known as Seminole Road, located in both the Guyandotte and the Huntington-Guyandotte districts of Cabell County.

 

 

THURSDAY, MARCH 27, 2003

PAGE THREE

 

 

William T. Watson, County Attorney, stated he had reviewed the documents and found them to be in order.  Mr. Watson went on to say the next step would be for a “Public Hearing” on closing the unused roadway.

 

Nancy Cartmill, Commissioner, moved to approve May 8, 2003, at 10:00 a.m., as the “Public Hearing” to close an unused portion of Seminole Road, located in both Guyandotte and Huntington-Guyandotte districts.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

 

#072                            RESOLUTION-CABELL COUNTY COMMISSION

 

                                    RE:   REAPPOINTMENT OF ROBERT L. BAILEY TO

                                              TO TRI-STATE TRANSIT AUTHORITY BOARD

 

L. D. Egnor, Commissioner, moved to approve the reappointment of Robert L. Bailey to the Tri-State Transit Authority Board, for a term beginning April 4, 2003 and ending April 3, 2006.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)                                                                             

 

 

#073                            PROCLAMATION-CABELL COUNTY COMMISSION

 

                                    RE:  APRIL 2003, AS FAIR HOUSING MONTH

 

L. D. Egnor, Commissioner, moved to approve the proclamation designating April 2003, as Fair Housing Month in Cabell County.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

#074                            CABELL COUNTY COMMISSION

 

                                    RE:  HIPAA ADDENDUM TO ADMINISTRATIVE

                                             SERVICES WITH MOUNTAIN STATE BLUE

                                             CROSS BLUE SHIELD

 

Glenn White, County Manager, informed the Commission that the addendum regarding the privacy and confidentiality for patient information had been received from the Health Insurance Portability and Accountability Act of 1996, and amends the Administrative Service Agreement between Cabell County and Mountain State Blue Cross Blue Shield, which had been entered into February 1, 2002.  Mr. White went on to say the addendum

 

THURSDAY, MARCH 27, 2003

PAGE FOUR

 

 

provides for acknowledgements and safeguards in the county’s handling of insurance related information and patient confidentiality of that information.

 

Nancy Cartmill, Commissioner, moved to approve the HIPAA Addendum with Mountain State Blue Cross Blue Shield.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#075                            CABELL COUNTY COMMISSION

 

                                    RE:  APPROVAL OF FY 2003/2004 GENERAL FUND 

                                             BUDGET AND COAL SEVERANCE FUND LEVY

                                             ESTIMATE (BUDGET)

 

Glenn White, County Manger, presented the General Fund and Coal Severance Fund budget for 2003/2004.  Mr. White stated the General Fund total budget was $14,975,493.00, and the Coal Severance Fund total budget was $80,000.00.  Mr. White further stated that with approval of the Commission the proposed budget documents would be sent to the State Auditor’s office for approval and the adoption of the budget would take place at a special meeting on April 15, 2003, at 10:00 a.m.

 

L. D. Egnor, Commissioner, moved to approve the General Fund and Coal Severance Fund estimated budget as presented.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#076                            CABELL COUNTY COMMISSION

 

                                    RE:  REAFFIRMATION OF BOND ISSUANCE FOR THE

                                             FOSTER FOUNDATION EXPANSION

 

William T. Watson, County Attorney, stated the document presented was a reaffirmation of action taken on February 27, 2003.

 

L. D. Egnor, Commissioner, moved to approve the reaffirmation of the bond issuance for the Foster Foundation expansion project.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  

 

CITIZENS TO SPEAK:

 

Mark Halburn, citizen, appeared before the Commission to express his displeasure with the Magistrate Court system.  Mr. Halburn stated he had received a traffic ticket and chose to appear in court to contest the ticket.  Mr. Halburn went on to say he believed an investigation into the actions of the Magistrate Court system should be made.

THURSDAY, MARCH 27, 2003

PAGE FIVE

 

 

L. D. Egnor, Commissioner, addressed the President stating the Commission does not have any authority to address the issue.

 

President Bailey referred Mr. Halburn to the State Supreme Court.

 

 

PLACE ON RECORD:

 

L. D. Egnor, Commissioner, moved to approve placing on record Culloden Public Service District special meeting of November 20, 2002, regular meeting of February 12, 2003, and special meeting of February 18, 2003; Greater Kanawha RC & D Board of Directors regular meeting of February 19, 2003; Huntington-Cabell-Wayne Animal Control Shelter, March 10, 2003; Pea Ridge Public Service District regular meetings of January 13, February 10 and special meeting February 25, 2003; Salt Rock Water Public Service District, regular meeting of February 11, 2003; Tri-State Airport Authority regular meeting of January 16, 2003.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to approve placing on record Cabell Huntington Health Department monthly Clinic reports of December, 2002, January and February, 2003; Culloden Public Service District, Sewer System, Financial statements with additional information for June 30, 2001 and June 30, 2002; Huntington-Cabell-Wayne Animal Control Shelter monthly report of February, 2003; Bank of New York various Trust Bond Account statements for February 28, 2003.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

#069                            CHARLES M. HATCHER, JR., ATTORNEY

 

                                    RE:  PETITION TO REMOVE ROGER H. SMITH AS

                                             CO-ADMINISTRATOR FOR THE ESTATE OF

                                             ROGER W. SMITH

 

William T. Watson, County Attorney, stated he would recommend hearing item #070 prior to item #069.

 

 

 

 

 

 

 

THURSDAY, MARCH 27, 2003

PAGE SIX

 

 

#070                            R. LEE BOOTEN, ATTORNEY

 

                                    RE:  MOTION TO WITHDRAW AS COUNSEL FOR

                                             CO-EXECUTOR-ESTATE OF ROGER W. SMITH

 

R. Lee Booten, Attorney, addressed the Commission stating he had represented Roger W. Smith since 1998 but as of this date Mr. Smith had not provided him with any of the requested information regarding property, nor has Mr. Smith filed the appraisement on the estate of Roger H. Smith, where he serves as Co-Administrator.  Mr. Booten went on to say he could not take any action without Mr. Smith’s direct involvement and therefore requested to withdraw as counsel for Roger W. Smith.  

 

William T. Watson, County Attorney, recommended acceptance of Mr. Booten’s request

to withdraw as counsel for Roger W. Smith.

 

L. D. Egnor, Commissioner, moved to approve R. Lee Booten withdrawing as counsel for Roger W. Smith.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#069                            CHARLES M. HATCHER, JR., ATTORNEY

 

                                    RE:  REMOVAL OF ROGER W. SMITH AS CO-

                                             ADMINISTRATOR FOR THE ESTATE OF ROGER H.

                                             SMITH

 

William T. Watson, County Attorney, stated that in an effort to be fair to Mr. Smith he recommended to continue the issue to remove Mr. Smith to a later date.  Mr. Watson went on to say this would allow Mr. Smith to seek other counsel, gather whatever information he may need to present in his defense.  Mr. Watson also stated he would recommend no further action be taken by Mr. Smith in respect to the estate.  Mr. Watson then suggested the issue be placed on the agenda for a meeting on April 24, 2003, and proceed with the petition to remove Mr. Smith as Co-Administrator.

 

L. D. Egnor, Commissioner, requested an order directing Mr. Smith to appear before the Commission and include his notification to both the Commission and the opposing counsel of whom would be representing Mr. Smith and in addition, should Mr. Smith fail to secure counsel, he would be required to be present on that date or the Commission would act in his absence. 

 

Charles M. Hatcher, Jr, Attorney representing Shannon Jones, Co-Administrator, and Rodney S. Justice, Attorney, representing Norma Smith, concerning the Roger H. Smith estate stated they would agree with the recommendations of Mr. Watson.

THURSDAY, MARCH 27, 2003

PAGE SEVEN

 

L. D. Egnor, Commissioner, moved to approve William T. Watson, County Attorney, to prepare an order directing Roger W. Smith to take no further action on the estate of Roger H. Smith, that he secure counsel, that he appear before the Commission on April 24, 2003, at 10:00 a.m., and should he not secure counsel or should he not be present, the Commission would act in his absence and remove him as Co-Administrator.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

 

Robert L. Bailey, President, recessed the meeting at 11:11 a.m., until April 15, 2003, at 10:00 a.m.

 

 

 

 

 

 

                        ____________________________________________

                                                PRESIDENT, CABELL COUNTY COMMISSION

 

 

 

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