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.
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
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.
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.
PAGE SIX
#070 R. LEE BOOTEN, ATTORNEY
RE:
MOTION TO WITHDRAW AS COUNSEL FOR
CO-EXECUTOR-ESTATE OF 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.
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.
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