PRESENT: NANCY
CARTMILL, PRESIDENT
ROBERT
L. BAILEY, COMMISSIONER
WILLIAM
T. WATSON, COUNTY ATTORNEY
GLENN
WHITE, COUNTY MANAGER
SHARON
ROSS, ASSISTANT COUNTY MANAGER
FOR
BILLABLES AND PAYABLES
ABSENT: L.
D. EGNOR, COMMISSIONER
Nancy Cartmill, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
Robert L. Bailey, Commissioner, moved to approve the agenda as presented. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve purchase orders #6855 X through #7296 X and pay jackets. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve the minutes of the June 3, 2004 Regular Commission Meeting, erroneous assessments, land consolidations, split tickets and probate documentation. Nancy Cartmill, President, 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. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to place item #142 at the front of the agenda. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#142 APPEARING, DAVID TYSON, ESQUIRE
RE: ANNEXATION OF FIRST SENTRY BANK BRANCH AND THE PROPERTY LOCATED AT MERRITTS
CREEK AND MUD RIVER ROAD (3.427
ACRES)
THURSDAY, JUNE 17, 2004
PAGE TWO
David Tyson, Attorney for the Village of Barboursville, stated that TTJ, Inc., First Sentry Bank and the Village of Barboursville, had requested the Commission to approve an annexation, without an election, for property located at Merritts Creek and Mud River Road. Mr. Tyson further stated the Village of Barboursville had met all the requirements of the code and the Village Council had authorized a resolution directing Mayor Paul Turman to proceed with annexation.
William Watson, County Attorney, stated he had reviewed all the documentation and found it to be in compliance and would recommend the Commission approve the annexation.
Robert L. Bailey, Commissioner, moved to approve the annexation of property located at Merritts Creek and Mud River by the Village of Barboursville, effective July 1, 2004. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#134 LETTER, ADELL CHANDLER, CIRCUIT CLERK
RE: INTEREST BEARING ACCOUNT EARNINGS
Adell Chandler, Circuit Clerk, stated that pursuant to West Virginia Code 59-1-37 she was reporting that the interest bearing accounts for her office had earned $12,703.36 for the fiscal year. Mrs. Chandler further stated that amount would be deposited in the County General Fund.
Nancy Cartmill, President, moved to approve the Circuit Clerk’s report. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#135 LETTER, ADELL CHANDLER, CIRCUIT CLERK
RE: EMPLOYMENT
Robert L. Bailey, Commissioner, moved to approve the employment of Laura Spears as a temporary part-time employee in the Circuit Clerk’s Office, effective June 22, 2004. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#136 LETTER, KAREN S. COLE, COUNTY CLERK
RE: RELOCATION OF POLLING PLACE LOCATED AT
GREEN ACRES REGIONAL CENTER TO THE
GREENBOTTOM COMMUNITY AND SENIOR
CENTER
Karen Cole, County Clerk, stated she had received requests from residents of the Greenbottom community to move the polling place located at the Green Acres Regional Center to the Greenbottom Community and Senior Center. Mrs. Cole said the residents had concerns about the facility, the parking and the fear of an automobile accidentally hitting one of the children attending Green Acres.
PAGE THREE
Mrs. Cole went on to say she did not have a problem with moving the precinct, however, it had not been the practice of previous Commissions to move a polling place between the Primary and General Elections because of the confusion it would cause the voters.
Mrs. Cole stated it would be her recommendation to move the polling place next year and this would also give the Greenbottom Community and Senior Center time to meet federal and state ADA requirements.
Robert L. Bailey, Commissioner, moved to approve authorization for Karen Cole, County Clerk, to proceed with moving the precinct located at Green Acres to the Greenbottom Community and Senior Center for the 2006 elections. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#137 RESOLUTION, CABELL COUNTY COMMISSION
RE: DESIGNATION OF DEPOSITORIES FOR THE
FISCAL YEAR 2004/2005
Robert L. Bailey, Commissioner, moved
to approve the designation of depositories for the fiscal year 2004/2005. Nancy Cartmill, President, seconded the
motion and the vote was unanimous. Exhibit
(A)
#138 CERTIFICATIONS
OF DELIVERY OF REAL AND
PERSONAL TAX BOOKS FOR 2004 TAX
BOOKS
Robert L. Bailey, Commissioner, moved to approve the certification of delivery of Real and Personal Tax Books for 2004. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#139 LETTER, KIM WOLFE, SHERIFF
EMPLOYMENT
William Watson, County Attorney, explained a letter the Commission had received from Sheriff Wolfe requesting the hiring of a retired Huntington Police Officer. Mr. Watson stated the Legislature, due to police personnel serving in the military, had passed a law where law enforcement could hire retired officers.
Robert L. Bailey, Commissioner, moved to approve the employment of Sam Scheidler as a Deputy Sheriff, on a temporary full-time basis, effective June 18, 2004, with a rate of pay of $2,004.82 per month. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
PAGE FOUR
#140 LETTER, KIM WOLFE, SHERIFF
RE: AUTHORIZATION TO INVEST TAX MONIES PRIOR
TO DISTRIBUTION
Glenn White, County Manager, explained that the Sheriff collects tax money for all the levying bodies and places the funds into the treasure’s account. Mr. White went on to say the Sheriff requested that the various levying bodies give him authorization to invest their money before it is distributed.
Robert L. Bailey, Commissioner, moved to approve authorization for the Sheriff to invest tax monies prior to distribution. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#141 LETTERS, KIM WOLFE, SHERIFF
RE: BUDGET REVISIONS/TAX DEPARTMENT AND
LAW ENFORCEMENT DEPARTMENT
Glenn White, County Manager,
explained the letters from Sheriff Wolfe in which the Sheriff was requesting
budget revisions.
Nancy Cartmill, President, stated she had a problem with approving budget revisions until the year-end when the Commission would know how much money would be available.
#142 MOVED TO TOP OF AGENDA
#143 MOVED TO LATER IN AGENDA
#144 LETTER, PUBLIC DEFENDER CORPORATION
RE: APPOINTMENT OF DAVID BUNCH TO THE
BOARD OF DIRECTORS
Robert L. Bailey, Commissioner, moved
to approve the appointment of David Bunch to the Board of Directors of the
Public Defender Corporation, for a term ending June 30, 2006. Nancy Cartmill, President, seconded the
motion and the vote was unanimous. Exhibit
(B)
#145 LETTER, CABELL COUNTY COMMISSION
RE: UNION RIDGE WATERLINE EXTENSION PROJECT
02SCBG0021X DRAWDOWN REQUEST
#12-$20,188.75
THURSDAY, JUNE 17, 2004
PAGE FIVE
Glenn White, County Manager, stated invoices had been received from Region II Planning and Development Council for administration services totaling $1,626.05; Terradon Corporation for engineering services totaling $7,274.88, and an invoice from Bill Enyart & Sons Contracting totaling $11,287.82.
Robert L. Bailey, Commissioner, moved to approve drawdown request #12 for the Union Ridge Waterline Extension Project, in the amount of $20,188.75. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#146 LEGISLATIVE
PROJECTS GRANT AGREEMENT BETWEEN
THE
CABELL COUNTY COMMISSION AND WEST
VIRGINIA
DEPARTMENT OF HEALTH AND HUMAN SERVICES
RE: CULLODEN V.F.D. $7,000.00/GRANT #G 040590
Connie Gray, Administrator of Grants, Planning and Permits, stated the Commission serves as a pass through agency for this grant, which would provide funds for the Culloden Volunteer Fire Department to purchase fire equipment.
Robert L. Bailey, Commissioner, moved to approve the agreement between the Cabell County Commission and the West Virginia Department of Health and Human Services for funds for the Culloden Volunteer Fire Department. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#147 CABELL
COUNTY EMERGENCY MEDICAL SERVICES
FY
2004-2005 BUDGET
Robert L. Bailey, Commissioner, moved to approve the Cabell County Emergency Medical Services 2004-2005 budget in the amount of $4,558,000.00. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#148 CABELL
COUNTY ALTERNATIVE SENTENCING
PROGRAMS
FY 2004-2005 BUDGET
Robert L. Bailey, Commissioner, moved to approve the Cabell County Sentencing Programs 2004-2005 budget in the amount of $350,970.00. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#149 CABELL
COUNTY EMERGENCY RESPONSE CENTER
E-911
FY 2004-2005 BUDGET
Robert L. Bailey, Commissioner, moved to approve the Cabell County Emergency Response Center 2004-2005 budget in the amount of $1,469,360.00. Nancy Cartmill, President, seconded the motion and the vote was unanimous
THURSDAY, JUNE 17, 2004
PAGE SIX
#143 APPEARING,
R. LEE BOOTEN, II
RE: ESTATE OF VIRGINIA SUE BIAS
R. Lee Booten, Executor for the estate of Virginia Sue Bias, informed the Commission that three creditors had filed claims against this estate and a nominal offer of $250.00 was made to each of the three creditors to release their claims. Mr. Booten went on to say that two of the creditors accepted this offer and provided a release, however one creditor, MBNA, accepted the money, but would not release their claim.
Mr. Booten stated that the estate of Mrs. Bias was insolvent and had no monies to pay the claim of MBNA and he was requesting the Commission to release the claim by MBNA and if the Commission could do so, order MBNA to return the $250.00 offer to the estate and to pay appropriate attorney fees incurred by Mr. Booten on this matter.
William Watson, County Attorney, informed Mr. Booten the Commission was limited in their jurisdiction in forcing MBNA to return the $250.00 offer and to force them to pay attorney fees, however, Mr. Watson stated he would recommend the Commission accept Mr. Booten’s petition to close the estate and grant his request to release the MBNA claim.
Nancy Cartmill, President, moved to accept Mr. Booten’s petition to close the estate of Virginia Sue Bias and to grant his request to release the claim of MBNA. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#150 LETTER,
CABELL COUNTY COMMISSION
RE: VICTIM ASSISTANCE GRANT (02-VA-042)
REQUEST TO TRANSFER FUNDS FOR
PURCHASES
Connie Gray, Administrator of Grants, Planning and Permits, explained that if this transfer were to be approved, it would be to purchase printers, ink supplies and a storage unit in the Victim Assistance Division of the Prosecuting Attorney’s Office.
Robert L. Bailey, Commissioner, moved to approve the transfer of funds in the amount of $1,300.00 in the Victim Assistance Grant. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#151 LETTER,
RESOLUTION AND GRANT APPLICATION
RE: FUNDING FOR CABELL COUNTY EMERGENCY
RESPONSE CENTER E-911 AS/400
Mrs. Gray explained this request would be to purchase an AS/400 computer system for $40,000.00, from the 2003-2004 Governor’s Community Partnership Grant Program that would support the Wireless Phase I and Phase II Mapping.
THURSDAY, JUNE 17, 2004
PAGE SEVEN
Robert L. Bailey, Commissioner, moved to approve the
grant application for funding to purchase the AS/400 computer system for
E-911. Nancy Cartmill, President,
seconded the motion and the vote was unanimous.
Exhibit (C)
#152 RESOLUTION, CABELL
COUNTY COMMISSION
RE: PARTICIPATION AND COOPERATION WITH THE
WEST VIRGINIA LOCAL ECONOMIC
DEVELOPMENT
GRANT PROGRAM
Robert L. Bailey, Commissioner, moved to approve the
participation of the Cabell County Commission in the West Virginia Local
Economic Development Grant Program. Nancy
Cartmill, President, Seconded the motion and the vote was unanimous. Exhibit (D)
#153 LETTER,
AMERICAN ELECTRIC POWER
RE: POLE ATTACHMENT PERMIT
Nancy Cartmill, President, moved to approve the permit for pole attachment from the American Electric Power. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#154 LETTERS,
CABELL COUNTY COMMISSION
RE: WV CODE 7-7-7 (DEPARTMENTS CONTROLLED BY
THE CABELL COUNTY COMMISSION)
Robert L. Bailey, Commissioner, moved to approve the list of personnel and the authorized compensation, pursuant to West Virginia Code 7-7-7. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
#155 LETTER,
CABELL COUNTY COMMISSION
RE: NAMING ZBA FINANCIAL GROUP AS AGENT OF
RECORD FOR THE COUNTY’S GROUP EMPLOYEE
BENEFIT PLAN
Robert L. Bailey, Commissioner, moved to approve ZBA Financial as agent of record for the county’s group employee benefit plan. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
THURSDAY, JUNE 17, 2004
PAGE EIGHT
#156 RESOLUTION,
GENERAL FUND COUNTY BUDGET
REVISION
#6
Robert L. Bailey, Commissioner, moved to approve
General Fund County Budget Revision #6. Nancy
Cartmill, President, seconded the motion and the vote was unanimous. Exhibit (E)
PLACE ON RECORD:
Robert L. Bailey, Commissioner, moved to place on record the minutes of the Culloden Public Service District, Regular Meeting, March 24, 2004, Culloden Public Service District, Special Meeting, April 7, 2004, Culloden Public Service District, Regular Meeting, April 28, 2004, Culloden Public Service District, Special Meeting, May 11, 2004; Huntington-Cabell-Wayne Animal Control Shelter, Regular Meeting, April 5, 2004; Salt Rock Water Public Service District, Regular Meeting, May 4, 2004; Tri-State Airport Authority, Regular Meeting, March 18, 2004 and other documentation to be recorded for the Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, May, 2004 and the Bank of New York, Various Trust Accounts, May 31, 2004. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
Commissioner Bailey inquired as to why the Commission had not received any minutes lately from the Pea Ridge Public Service District. Mr. White stated he would look into the matter.
Commissioner Bailey stated he was upset with the continuing raises in the cable TV fees.
William Watson, County Attorney, stated the Commission did not have the authority to regulate the cable companies because they were regulated by the Federal Government, however, Mr. Watson stated he believed the cable companies could enhance their Senior Programs.
Mr. Watson gave updates on two cases concerning the Commission that had not been resolved as of this date.
Mr. White stated Sharon Ross suggested the Commission consider scheduling a special meeting before the end of the fiscal year to approve purchase orders and pay jackets.
President Cartmill stated the Commission would have a Special Meeting on Tuesday, June 29, 2004 at 10:00 a.m., to approve purchase orders and pay jackets.
Connie Gray stated that Oscar Adkins had requested she look into the possibility of applying for a grant for a Day Center.
Mr. Watson stated the Commission had been looking into the cost effectiveness of such a program and at this time a decision had not been made.
THURSDAY, JUNE 17, 2004
PAGE NINE
Commissioner Bailey asked Mrs. Gray if she had looked into a grant to help demolish the jail and Mrs. Gray replied she had only discussed the matter.
Nancy Cartmill, President, adjourned the meeting at 11:04 a.m., until the special meeting on June 29, 2004, at 10:00 a.m
_________________________________________
PRESIDENT, COUNTY COMMISSION
KSC;ar