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
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. L. D. Egnor, Commissioner, seconded the motion. Glenn White, County Manager, stated he had received a request from Kathy Elliott, Region II Planning and Development, to amend the agenda with a critical item concerning an environmental review document pertaining to Union Ridge Water Project. Mr. White went on to say that Ms. Elliott requested the President sign the letter as soon as completed. Mr. White suggested numbering the item as 107-A on the agenda.
L. D. Egnor, Commissioner, moved to amend the agenda to reflect the addition of item #107-A. Robert L. Bailey, President seconded the motion and the vote was unanimous.
President Bailey called for a vote to approve the agenda as amended and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve purchase orders #6502-W through #6759-W and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve minutes from the April 24, 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.
THURSDAY, MAY 8, 2003
PAGE TWO
“PUBLIC HEARING”
W. Michael Frazier, Attorney, addressed the Commission regarding the closing of the unused portion of road known as Seminole Road, located in both the Guyandotte and the Huntington-Guyandotte Districts of Cabell County. Mr. Frazier presented documentation that all necessary postings had been accomplished and all persons had been notified that held an interest in the closing. Mr. Frazier also presented original Notice of Hearing documents that had been served upon all interested parties adjacent to the portion of road to be closed.
President Bailey requested that anyone having an interest in speaking either for or against the closing of the road to sign the register. President Bailey stated no one had appeared to speak.
L. D. Egnor, Commissioner, moved to approve the order to close the unused portion of road known as Seminole Road, located in both Guyandotte District and the Huntington-Guyandotte District of Cabell County. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#101 KIM
WOLFE, SHERIFF
RE: ESTATE OF LLOYD WISE
Charles D. Wise, citizen, addressed the Commission to request that Kim Wolfe, Sheriff, be appointed as Administrator of the estate of his brother, Lloyd Hale Wise. Sheriff Wolfe agreed to serve as Administrator if approved by the Commission.
L. D. Egnor, Commissioner, moved to approve the appointment of Sheriff Wolfe as Administrator of the estate of Lloyd Hale Wise. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#102 KIM
WOLFE, SHERIFF
RE: EMPLOYMENT
RICHARD FOSTER, FULL-TIME DEPUTY SHERIFF
DAVE PARKER, FULL-TIME DEPUTY SHERIFF
Kim Wolfe, Sheriff, appeared before the Commission to request approval to employ Richard Foster and Dave Parker as full-time Deputy Sheriffs. Sheriff Wolfe stated that both positions were replacements for personnel who had resigned.
PAGE THREE
Nancy Cartmill, Commissioner, moved to approve the
employment of Richard Foster as a full-time Deputy, effective May 15, 2003,
with an annual salary of $24,057.84 and Dave Parker as full-time Deputy,
effective May 16, 2003, with an annual salary of $24, 057.84. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous.
#103 RESOLUTION-CABELL
COUNTY COMMISSION
RE: RELEASE AND SUBSTITUTION OF COLLATERAL
BONDS BY FIFTH THIRD BANK
L. D. Egnor, Commissioner, moved to approve the release
and substitution of collateral bonds by Fifth Third Bank. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(A)
#104 RESOLUTION-CABELL
COUNTY COMMISSION
RE: RECISION OF EXISTING POLICIES RELATIVE TO
STEP INCREASES AND ANNUAL MINIMUM
STARTING SALARIES
Glenn White, County Manager, addressed the Commission to explain the resolution would terminate existing policies relative to step increases and annual minimum starting salaries, due to budgetary restraints. Mr. White further stated that existing employees would not be affected by the change.
L. D. Egnor, Commissioner, moved to approve the resolution rescinding the step increases and the annual minimum salary requirements for new employees. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#105 RESOLUTION-CABELL
COUNTY COMMISSION
RE: APPOINTMENT OF FRANK SAMPSON TO THE
PEA RIDGE PUBLIC SERVICE DISTRICT
L. D. Egnor, Commissioner, moved to approve the
appointment of Frank Sampson to the Pea Ridge Public Service District,
effective May 9, 2003 and ending September 11, 2005. Nancy Cartmill, Commissioner, seconded the motion and the
vote was unanimous. Exhibit (C)
THURSDAY, MAY 8, 2003
PAGE FOUR
#106 CABELL
COUNTY COMMISSION
RE: APPLY FOR FUNDING TO ASSIST WITH THE
WATER LINE EXTENSION PROJECTS INFRASTRUCTURE AND JOBS DEVELOPMENT
COUNCIL
Kathy Elliott, Region II Planning and Development, appeared before the Commission to request a commitment from the Cabell County Commission for the monetary support of water projects in Cabell County. Ms. Elliott stated the county would also apply for Small Cities Block Grants and other federal funding for the water projects.
William T. Watson, County Attorney, suggested that he and Mr. White, County Manager, review the documents and contact the West Virginia-American Water Corporation staff to get a better view of how the financing would be set up and what the county’s commitment was to the project. Mr. Watson went on to say he believed an agreement would only be binding from year to year, due to the fact that a future Commission could not be committed to such an agreement.
L. D. Egnor, Commissioner, moved to approve setting May 16, 2003, at 10:00 a.m. as a special meeting to gather information concerning water line projects. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve continuing item #106 to the special meeting of May 16, 2003. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#107 CABELL
COUNTY COMMISSION
RE: SMALL CITIES BLOCK GRANT APPLICATION
Kathy Elliott, Region II Planning and Development, addressed the Commission to explain a change in the pre-application process. Ms. Elliott went on to say that in the past a fourteen (14) day notification for a public hearing was necessary but the new plan had a five (5) day notification time frame prior to the public hearing. Ms. Elliott stated the change would be reflected in all Citizen Participation Plans and included in all grant applications.
Nancy Cartmill, Commissioner, moved to approve the Citizen Participation Plan as presented. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, MAY 8, 2003
PAGE FIVE
DISCUSSION: ANNEXATION
OF A PORTION OF THE GUYANDOTTE
RIVER
BY THE CITY OF HUNTINGTON
William T. Watson, County Attorney, stated that after reviewing the annexation of the City of Huntington of the Guyandotte River he had determined the publication of “Public Hearing” was technically flawed due to only twelve (12) days between the publication date and the hearing date instead of the fourteen (14) days required. Mr. Watson also stated the Commission had the authority to rescind the order if they desired to do so.
Scott McClure, Assistant Attorney for the City of Huntington, pointed out to the Commission that Mr. Larry Legg lacks standing to challenge the judgment of the Cabell County Commission. Mr. McClure stated he has reviewed Chapter 7 of the West Virginia State Code and found no provision giving authority to a County Commission to rescind a final order. Mr. McClure went on to say the only method for appeal identified in the statutes is limited to an “aggrieved party” before the Circuit Court.
Larry Legg, citizen, stated that no free holder had been identified at the time of annexation. Mr. Legg went on to say the requirement of fourteen (14) days had not been adhered too. Mr. Legg also stated the metes and bounds had been changed in the order.
After a brief discussion, L. D. Egnor, Commissioner, moved to approve rescinding the previous action of annexation by the City of Huntington of the Guyandotte River. Nancy Cartmill, Commissioner, seconded the motion and the vote was as follows:
Robert
L. Bailey, President nay
L.
D. Egnor, Commission aye
Nancy
Cartmill, Commission aye
#107-A REGION
II PLANNING AND DEVELOPMENT
Glenn White, County Manager, addressed the Commission regarding plans by Region II Planning and Development to develop an environmental review document concerning the Union Ridge Water Project. Mr. White went on to say the request today was for approval of the President signing the environmental letter as soon as the letter was completed.
L. D. Egnor, Commissioner, moved to approve the President signing the letter regarding an environmental statement for the Union Ridge Water Project as soon as completed. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, MAY 8, 2003
PAGE SIX
#108 CABELL
COUNTY COMMISSION
RE: SCOTT COMMUNITY CENTER PROJECT TIME
EXTENSION REQUEST
L. D. Egnor, Commissioner, moved to approve the time extension of the Scott Community Center Project period from July 1, 2003 through June 30, 2004. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#109 GEORGE
SMAILES, JR., EXECUTIVE DIRECTOR
YOUNG
MEN’S CHRISTIAN ASSOCIATION
RE: REQUEST FOR DONATION
Glenn White, County Manager, stated the request from the YMCA was an annual request for funds to assist with the senior citizen’s programs. Mr. White went on to say $18,000.00 from the Senior Citizens Fund had been earmarked for the program in this fiscal year’s funding and that George Smailes, Executive Director of YMCA, was in the process of submitting documents under the new guidelines for a 2003/2004 allocation.
Nancy Cartmill, Commissioner, moved to approve the donation of $18,000.00 to the YMCA Senior Citizen and Disabled Wellness Program to be taken from the Senior Citizens Levy Fund. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#110 TRI-STATE
BASEBALL ASSOCIATION, INC.
RE: REQUEST FOR DONATION
Glenn White, County Manager, explained that the request by the Tri-State Baseball Association had been anticipated from previous years requests and a donation of $1,000.00 had been earmarked for the project with the funds being taken from the Hotel/Motel Tax Funds.
L. D. Egnor, Commissioner, moved to approve the donation of $1,000.00 from Hotel/Motel Tax Funds to the Tri-State Baseball Association. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, MAY 8, 2003
PAGE SEVEN
#111 RESOLUTION-CABELL
COUNTY COMMISSION
RE: EMPLOYMENT OF SHAUN M. RUNYON AND
TRAVIS M. NOBLE AS
FULL-TIME TEMPORARY
TELECOMMUNICATOR/DISPATCHERS
Nancy Cartmill, Commissioner, moved to approve the employment of Shaun M. Runyon and Travis M. Noble as full-time temporary telecommunicator/dispatchers, effective June 1, 2003, with annual salaries of $18,550.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#112 RESOLUTION-CABELL
COUNTY COMMISSION
RE: EMPLOYMENT TRANSFERS OF CHARLES W.
PEOPLES AND DERRICK A. RAY TO FULL-TIME
PARAMEDICS
L. D. Egnor, Commissioner, moved to approve the transfer
of Charles W. Peoples and Derrick A. Ray from full-time Emergency Medical
Technicians to full-time Paramedics, effective May 9, 2003, with salary at a
rate of $7.11 per hour. Nancy
Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#113 CABELL
COUNTY COMMISSION
RE: EASEMENT FOR APPALACHIAN POWER
COMPANY INSTALLATION OF POWER AND
COMMUNICATION LINES TO WEST VIRGINIA
CHILDREN’S HOME SOCIETY
L. D. Egnor, Commissioner, moved to approve the right-of-way easement between the Cabell County Commission and Appalachian Power Company for the installation of electric power lines and communication lines for West Virginia Children’s Home Society. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, MAY 8, 2003
PAGE EIGHT
#114 RESOLUTION-CABELL
COUNTY COMMISSION
RE: ESTABLISHMENT OF REGULAR MEETING DATES
FROM JULY 1, 2003 THROUGH DECEMBER
31, 2003
L. D. Egnor, Commissioner, moved to approve the
establishment of regular meeting dates from July 1, 2003 through December 31,
2003. Nancy Cartmill, Commissioner,
seconded the motion and the vote was unanimous. Exhibit (D)
#115 RESOLUTION-CABELL
COUNTY COMMISSION
RE: COUNTY BUDGET REVISION #7
Nancy Cartmill, Commissioner, moved to approve county
budget revision #7 as presented. L.
D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
Robert L. Bailey, President, adjourned the meeting at 11:25 a.m., until the special meeting of May 16, 2003, at 10:00 a.m.
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