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COMMISSION MEETING

THURSDAY, OCTOBER 21, 2004

 

 

PRESENT:                 NANCY CARTMILL, PRESIDENT

                                    L. D. EGNOR, COMMISSIONER

                                    ROBERT L. BAILEY, COMMISSIONER

                                    WILLIAM WATSON, COUNTY ATTORNEY

                                    GLENN WHITE, COUNTY MANAGER

                                    SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

 

Nancy Cartmill, President, called the regular meeting of the County Commission to order at 10:00 a.m.

 

APPROVE:

 

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

 

Robert L. Bailey, Commissioner, moved to approve purchase orders #1837 Y through #2151 Y and pay jackets.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to approve  erroneous assessments, land consolidations, split tickets and probate documentation.   Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

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

 

APPEARING:            KAREN COLE, COUNTY CLERK

                                               

                                    RE:  ABSENTEE VOTING CONCERNS

 

Karen Cole, County Clerk, stated she wanted to bring to the attention of the Commission several things that are going on with the absentee ballot procedures.  Mrs. Cole stated that several voters had called her office concerning automated phone calls they were receiving from an unknown organization, telling them if they wish to vote absentee by mail, to press a number on the key pad and an application would be mailed to their home. 

 

Mrs. Cole showed the Commission an application for absentee voting by mail that stated what requirements must be met in order to qualify for a ballot by mail.  Mrs. Cole further stated that voters thought the applications were coming from her office and were upset when their ballots were made provisional because they did not meet the requirements.

 

THURSDAY, OCTOBER 21, 2004

PAGE TWO

 

Mrs. Cole said her office was working with the voters so their ballots would not be provisional, but she did want the Commission, as they were the Canvassing Board, to be aware of the problems.

 

Mrs. Cole also stated there had been phone calls telling voters they could vote by phone, but most voters are aware this was not permitted in West Virginia.

 

Mrs. Cole gave the Commission registration totals between the Primary and General Election and the total of absentee ballot requests for the Primary Election and the total, to date, for the General Election.   Mrs. Cole also provided the totals for the early voting.

 

#242                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  PUBLIC TEST OF VOTING EQUIPMENT

 

L. D. Egnor, Commissioner, moved to approve the publication for a public test of voting equipment for Tuesday, October 26, 2004, at 10:00 a.m.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#243                            LETTER, KAREN S. COLE, COUNTY CLERK

 

                                    PUBLICLY SET TIME TO TEST ELECTION TABULATING

                                    EQUIPMENT BOTH BEFORE AND AFTER THE OFFICIAL

                                    TABULATING PROCESS OF THE 2004 GENERAL

                                    ELECTION BEGINS

 

Karen Cole, County Clerk, explained that by West Virginia State Code, testing of the election tabulating equipment was required a week before the 2004 General Election.  Mrs. Cole stated that with the Commission’s approval the test would be conducted Tuesday, October 26, 2004 at 10:00 a.m.   Mrs. Cole further stated the county must also conduct tests before and after the official tabulation on election night, November 2, 2004.

 

Robert L. Bailey, Commissioner, moved to publicly set the time to test election tabulating equipment on Tuesday, November 2, 2004, at 6:00 p.m. and after the tabulating process on election night.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

#244    `                       LETTER, KAREN S. COLE, COUNTY CLERK

 

                                    RE:  PUBLICLY SET TIME FOR CABELL COUNTY

                                             COMMISSION TO CONVENE AS A BOARD OF

                                              CANVASSERS

 

 

 

THURSDAY, OCTOBER 21, 2004

PAGE THREE

 

L. D. Egnor, Commissioner, moved to approve to convene the Board of Canvass on Monday, November 8, 2004, at 9:00 a.m.  Robert L. Bailey, seconded the motion and the vote was unanimous.

 

#245                            APPEARING, PAUL A. RYKER, ESQUIRE

 

                                    RE:  THE ESTATE OF AARON WINSTON MARTIN

 

Paul Ryker, Attorney for Rebecca Gail Smith, explained that at an earlier meeting the Commission approved removing David Martin as co-administrator of the estate of Aaron Martin and naming Winston Douglas Martin as co-administrator along with Rebecca Gail Smith.

 

 Mr. Ryker went on to say that Douglas Martin had now decided to resign as co-administrator of the estate. Mr. Ryker provided a copy of the letter from Winston Douglas Martin requesting his removal as co-administrator.

 

Robert L. Bailey, Commissioner, moved to execute the order removing Winston Douglas Martin as co-administrator and that the previously co-administrator, Rebecca Martin Smith, would be the sole administratrix for the estate of Aaron Winston Martin.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#246                            APPEARING, BRUCE A. TONEY, ESQUIRE

 

                                    RE:  THE ESTATE OF PAUL DAVID WORKMAN AND

                                             THE ESTATE OF DAVID GURNEY WORKMAN 

 

Bruce Toney, Attorney for Marsha Hicks, appeared before the Commission with a petition involving two estates, that of Paul David Workman, who died first, and David Gurney Workman, who was Paul David Workman’s son.  Mr. Toney went on to say that the petition was requesting the Commission allow the funds in the escrow account, in the amount of $6,229.71, be paid to the South Charleston Adjustment Bureau, on behalf of St. Mary’s Medical Center, as full settlement of their claim; order the balance of the St. Mary’s Medical Center Claim and the Bank One claim against the estate of Paul David Workman be released due to insolvency; order that any probate assets of the estate of David Gurney Workman be paid to Marsha Hicks for funeral expenses and administrator fees; order the balance of the claim by IBO Credit Services on behalf of HIMG and Radiology be released due to insolvency of the estate of David Gurney Workman.

 

William Watson, County Attorney, stated he had reviewed the petition and once the mortgages and liens were paid out, there would not be sufficient money to pay all the claims, therefore, you have to go to the statue for the priority list and he would recommend to approve the petition and order.

 

 

THURSDAY, OCTOBER 21, 2004

PAGE FOUR

 

L. D. Egnor, Commissioner, moved to approve the petition and order on the estates of Paul David Workman and David Gurney Workman.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

#247                            APPEARING, JAMES G. GRALEY, ESQUIRE

 

                                    RE:  THE ESTATE OF JOHN THOMAS O’SULLIVAN

 

James G. Graley, Attorney for Mary Laura Dennison, appeared before the Commission in regards to the omission of John Thomas O’Sullivan’s will for probate.  Mr. Graley stated that it was believed that sometime before Mr. O’Sullivan’s death, his will was discarded or misplaced.  Mr. Graley further stated, that at a later date and before his death, a conformed copy of the will was found, therefore, he was requesting the Commission approve a copy of the will be recorded in the probate records.

 

William Watson, County Attorney, stated he had reviewed the petition and he recommended that the copy of the will be allowed to be probated.

 

Robert L. Bailey, Commissioner, moved to approve that a copy of the will of John Thomas O’Sullivan be filed for probate.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#248                            MEMORANDUM, CONNIE GRAY, ADMINISTRATOR,

                                    OFFICE OF GRANTS, PLANNING AND PERMITS

                                   

                                    RE:  FEMA DR-1455WV HAZARD MITIGATION GRANT

                                             PROGRAM (HMGP) AND FEMA DR-1474-WV HAZARD

                                             MITIGATION GRANT PROGRAM (HMGP)

 

Connie Gray, Administrator for Grants, Planning and Permits, stated the application for the Hazard Grant Program, was submitted September 11, 2003, for funding in the amount of $748,350.00 was approved.  Mrs. Gray further stated the funds would be used to acquire eight structures throughout the county which were currently in floodway areas of Cabell County. 

 

Robert L. Bailey, Commissioner, moved to approve the President of the Commission to sign letters informing property owners of grant money approval in the purchase of their property in flood prone areas.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

 

THURSDAY, OCTOBER 21, 2004

PAGE FIVE

 

#249                            LETTER, A. GORDON MERRY, III, DIRECTOR OF CCEMS

 

                                    RE:  TRANSFER ONE OF THE AMBULANCES BEING

                                             REPLACED TO USE FOR DISASTER RESPONSE AND

                                             TRANSFER VEHICLE #81 TO E-911 TO USE FOR

                                             MAPPING AND RE-ADDRESSING PROJECT

 

Gordon Merry, CCEMS Director, informed the Commission that since he was receiving three new ambulances he would like to retain one of the old ambulances to use for disaster response.  Mr. Merry stated he would recommend transferring vehicle #81, an old army surplus vehicle, to E-911 to assist in the mapping and re-addressing project.    

 

Robert L. Bailey, Commissioner, moved to approve retaining the old ambulance for disaster response and the transfer of vehicle #81 to E-911 for temporary use.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

#250                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  SUPPORT FOR THE DEVELOPMENT OF A

                                             COMPREHENSIVE PLAN FOR CABELL COUNTY

 

Robert L. Bailey, Commissioner, moved to approve support for the development of a comprehensive plan for Cabell County.  L. E. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

#251                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  APPOINTMENT

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Geraldine Perry as a Commissioner to the Salt Rock Sewer Public Service District, effective immediately and ending September 30, 2010.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#252                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADVERTISEMENT FOR AN INVITATION TO BID TO

                                             PROVIDE A NEW VERTICAL CAROUSEL FILING

                                             SYSTEM SOLUTION FOR THE CABELL COUNTY

                                             SHERIFF’S TAX OFFICE

 

Robert L. Bailey, Commissioner, moved to approve the advertisement for bids to purchase a vertical carousel filing system for the Sheriff’s Tax Office.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (D)

THURSDAY, OCTOBER 21, 2004

PAGE SIX

 

PLACE ON RECORD:

 

Robert L. Bailey, Commissioner, moved to place on record the minutes from the Pea Ridge Public Service District, Regular Meeting, September 13, 2004, Pea Ridge Public Service District, Special Meeting, September 24, 2004, Pea Ridge Public Service District, Special Meeting, October 1, 2004; Salt Rock Water Public Service District, Regular Meeting, September 14, 2004; Tri-State Airport Authority, Regular Meeting, August 19, 2004; Other Documentation to be Recorded: Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, September, 2004 and The Bank of New York, Various Trust Account Statements, September 30, 2004.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

Robert L. Bailey, Commissioner, informed the Commission he had attended the ground breaking for the new Senior Citizen Center at Fairfield West which had been named “The Marie Redd Life Enhancement Center.”

 

Nancy Cartmill, President, stated the Commissioners had also attended the South Western District Board Meeting and the dedication of a new building, Capri West.

 

Nancy Cartmill, President, adjourned the meeting at 11:10 a.m., until the next scheduled meeting on Thursday, November 4, 2004, at 10:00 a.m.                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                        ______________________________________

                                                                          PRESIDENT, COUNTY COMMISSION

 

 

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