FRIDAY, SEPTEMBER 24, 2004
PRESENT: NANCY CARTMILL, PRESIDENT
L. D. EGNOR, COMMISSIONER
ROBERT L. BAILEY, COMMISSIONER
WILLIAM T. WATSON, COUNTY
ATTORNEY
GLENN WHITE, COUNTY MANAGER
SHARON ROSS, ASSISTANT COUNTY
MANAGER
FOR BILLABLES AND PAYABLES
Nancy Cartmill, President, called the Commission meeting to order at 10:00 a.m.
APPROVE:
Robert L. Bailey, 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 #1316 Y through #1601 Y and pay jackets. Robert L. Bailey, Commissioner seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve the minutes from the September 9, 2004 Regular Commission meeting, minutes from the September 14, 2004 Special Commission meeting, erroneous assessments land consolidations, split tickets and probate documentation. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve handwritten checks to Mountain State Blue Cross and Blue Shield and Medical Life, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund and handwritten check to S&S Construction for $3,520.00, purchase order #1602 Y, from the Cabell County Senior Citizen Projects and Programs Excess Levy Funds. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
CITIZENS REGISTERED TO SPEAK:
Lt. Mike Davis, Safety Town’s Program Administrator for the City Huntington, informed the Commission that due to cut backs in the Huntington Police Department, Safety Town was forced to close. Officer Davis went on to say that a new plan had been developed to re-open Safety Town and in order to keep the program working, Lt. Davis was requesting funds in the amount of $4,000.00 each from the Cabell County Commission, Wayne County Commission, Cabell County Board of Education, Wayne County Board of Education and the City of Huntington.
FRIDAY SEPTEMBER 24, 2004
PAGE TWO
#225 RESOLUTION, CABELL COUNTY COMMISSION
RE: RELEASE OF COLLATERAL BOND BY THE
UNITED NATIONAL BANK
L. D. Egnor, Commissioner, moved
to approve the release of the collateral bond by United National Bank. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(A)
#226 RESOLUTION, CABELL COUNTY COMMISSION
RE: RELEASE AND SUBSTITUTION OF LETTERS OF
CREDIT BY FIRST SENTRY BANK
Robert L. Bailey, Commissioner, moved
to approve the release and substitution of letters of credit by the First
Sentry Bank. L. D. Egnor,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#227 RESOLUTION, CABELL COUNTY COMMISSION
RE: PUBLIC TEST FOR EARLY VOTING EQUIPMENT
Karen Cole, County Clerk, stated that a public test of early voting equipment had never been done before because it was not in the current code. Mrs. Cole further stated the Secretary of State has recommended that testing be done and requested that Mrs. Cole put together an appropriate procedure for this test. Mrs. Cole went on to say this would not take the place of the extensive testing on the voting equipment her office always does before an election.
L. D. Egnor, Commissioner, moved
to approve a public test for the early voting equipment on Wednesday, October
6, 2004, at 10:00 a.m. Robert L.
Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)
APPEARING: KAREN COLE, COUNTY CLERK, REGARDING
ADVERTISEMENT OF FY 2003-2004
COUNTY
FINANCIAL STATEMENT INFORMATION
Karen Cole, County Clerk, stated the county financial statement for fiscal year 2003-2004 has been completed and was ready to go to the Cabell Record for publication.
L. D. Egnor, Commissioner, moved to approve advertising of the County’s 2003-2004 Financial Statement. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
FRIDAY SEPTEMBER 24, 2004
PAGE THREE
#228 RESOLUTION, CABELL COUNTY COMMISSION
RE: AUTHORIZE THE REALLOCATION OF FISCAL
YEAR 2002 CHDO FUNDS
CABELL-HUNTINGTON-
WAYNE HOME INVESTMENT TRUST FUNDS
Glenn White, County Manager, stated the Commission had a request from the Home Consortium Program, to allocate money from the 2002 CHDO funds in the amount of $44,900.00. Mr. White further stated this would be to assist in the development of permanent housing for the chronic homeless.
The Commission agreed they needed more information and that the matter be placed on a later agenda.
#229 MICROWAVE TOWER SITE OPERATING AGREEMENT
BETWEEN THE STATE OF WEST
VIRGINIA, DEPARTMENT
OF HEALTH AND HUMAN RESOURCES AND
CABELL
COUNTY EMS/CABELL COUNTY
COMMISSION
RE: COMMUNICATION TOWER /PORTER’S KNOB
Gordon Merry, CCEMS Director, stated this agreement would allow EMS, the Fire Department and the Sheriff’s Department to stay on the tower at Porter’s Knob. Mr. Merry also stated the tower did receive some income and he would work to generate more income.
Glenn White, County Manager, stated this agreement was connected to another lease agreement with the Department of Health and Human Resources and the Parsons and Mr. White recommended that agreement be made a part of the official record as an attachment to this agreement.
Robert L. Bailey, Commissioner, moved to approve the operating agreement between the State of West Virginia, Department of Health and Human Resources and the Cabell County EMS/Cabell County Commission. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#230 LETTER AND RESOLUTION, CABELL COUNTY
COMMISSION
RE: LEGISLATIVE DIGEST GRANT APPLICATION
YMCA $20,000.00/PROJECT
# 05LEDA0383
Connie Gray, Administrator of Grants, Planning and Permits, explained the funds for this grant would be used for site preparation for three new soccer fields.
PAGE FOUR
Robert L. Bailey, Commissioner, moved
to approve the filing of an application for a grant in the amount of $20,000.00
for the development of soccer fields. L.
D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
#231 LETTER, SHELBY TICKLE
RE: REQUEST FOR HOMESTEAD EXEMPTION FOR TAX
YEAR 2003 AND TAX YEAR 2004, 847 12TH
AVENUE,
HUNTINGTON, WV, MAP #45 PARCEL #465,
DISTRICT #05
Glenn White, County Manger, stated the Commission had received information from the Assessor’s Office certifying that Shelby Tickle, had she filed in the correct time period, would have qualified for homestead exemption for tax year 2003 and 2004.
William Watson, County Attorney, stated the statute plainly stated as to how homestead exemption was to be granted and the time frame in which to do so and if you did not file within the time frame, you then waived the exemption. Mr. Watson further stated he wanted the Commission to know that technically they may not be interpreting the statute correctly.
Robert L. Bailey, Commissioner, stated that if it is the wrong thing to do, the Commission had done so in the last several months. Commissioner Bailey further stated they needed the West Virginia Attorney General’s opinion on this matter.
Glenn White, County Manager, stated that when the Commission, in previous meetings, had approved homestead exemption, they had restricted the exemption to the current tax year.
Robert L. Bailey, Commissioner, moved
to approve homestead exemption for Shelby Tickle for tax year 2003 and tax year
2004.
L. D. Egnor, Commissioner, moved to amend Commissioner Bailey’s motion to approve homestead exemption just for tax year 2004 for Shelby Tickle, 847 12th Avenue, Huntington. Nancy Cartmill, President, seconded the motion for amendment and the vote was as follows:
Nancy Cartmill, President- aye
Robert L. Bailey, Commissioner- nay
L. D. Egnor,
Commissioner- aye
L. D. Egnor, Commissioner, called
for question on the motion to approve Shelby Tickle, 847 12th
Avenue, homestead exemption for tax year 2004 and the vote was unanimous.
FRIDAY SEPTEMBER 24, 2004
PAGE FIVE
#232 LETTER, DAVID W. ASH, FIRE CHIEF, OHIO
RIVER ROAD
VOLUNTEER FIRE DEPARTMENT, INC.
RE: REQUEST COUNTY VEHICLE BE DONATED TO
OHIO
RIVER ROAD VOLUNTEER FIRE DEPARTMENT
FOR
NON-EMERGENCY USE
Robert L. Bailey, Commissioner, moved to approve donating vehicle #206, that was assigned to the county jail, to the Ohio River Volunteer Fire Department. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#233 RESOLUTIONS, CABELL COUNTY COMMISSION
RE: APPOINTMENTS
BOB BAILEY, CABELL COUNTY SOLID WASTE
AUTHORITY
TOM ROWSEY, CABELL COUNTY SOLID WASTE
AUTHORITY
L. D. Egnor, Commissioner, moved
to approve the appointment of Bob Bailey, to the Cabell County Solid Waste
Authority, for a term beginning immediately and ending June 30, 2008 and the
appointment of Tom Rowsey, to the Cabell County Solid
Waste Authority, for a term beginning immediately and ending June 30, 2006. Nancy Cartmill, President, seconded the
motion and the vote was unanimous. Exhibit
(E)
#234 RESOLUTION, CABELL COUNTY COMMISSION
RE: APPOINTMENT
R. DEXTER CHILDERS, SALT ROCK SEWER
PUBLIC
SERVICE DISTRICT
Robert L. Bailey, Commissioner, moved
to approve the appointment of R. Dexter Childers to the Salt Rock Sewer Public
Service District, for a term beginning September 29, 2004 and ending September
30, 2010. L. D. Egnor, Commissioner,
seconded the motion and the vote was unanimous.
Exhibit (F)
#235 RESOLUTIONS, CABELL COUNTY COMMISSION
RE: REAPPOINTMENTS
STEVE LAWRENCE, CULLODEN PUBLIC SERVICE
DISTRICT
FRANK J. HARDIN, SR., CULLODEN PUBLIC
SERVICE
DISTRICT
FRIDAY SEPTEMBER 24, 2004
PAGE SIX
L. D. Egnor, Commissioner, moved
to approve the reappointment of Steve Lawrence to the Culloden Public Service
District, for a term beginning immediately and ending October 31, 2005 and
Frank J. Hardin, Sr. to the Culloden Public Service District, for a term
beginning immediately and ending October 31, 2009. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(G)
#236 LETTER, KATHY ELLIOT, REGION II, PLANNING
AND
DEVELOPMENT COUNCIL
RE: JIM MOUNT ROAD WATERLINE EXTENSION
PROJECT
Glenn White, County Manager, explained that the Union Ridge Waterline project came in under budget and Region II would like to expand the scope of the project to extend the waterline, which would serve about fifteen families. Mr. White explained this action would require the Commission to pledge $37,000.00 for the project. Mr. White went on to say the Commission in the past, had allocated $100,000.00 in the budget for the Union Ridge Waterline Extension and that money was not used, however, money was not placed in the current budget. Mr. White said that with the construction costs going up there would be a good chance if the Commission allocated the $37,000.00 to the project that money would be used.
Robert L. Bailey, Commission, stated this would be a good project because by extending the project it would run water across the ridge and he believed it should be done. Commissioner Bailey also stated that money had been in the previous budget and he would like to allocate the $37,000.00 needed to extend the waterline from the carry-over.
Nancy Cartmill, President, stated she would like to extend the project, however, she was concerned about where the money would come from, especially since the county, in all probability, would not be able to pay the jail expenses and also that the carry-over had been allocated in a budget revision at a previous meeting.
Robert L. Bailey, Commissioner, moved to approve the allocating $37,000.00 to extend the Jim Mount Waterline. Motion died for lack of second.
#237 MEMORANDUM, LT. MIKE DAVIS, HUNTINGTON
POLICE
DEPARTMENT
RE: FUNDING FOR SAFETY TOWN PROGRAM
Robert L. Bailey, Commissioner, moved to give $4,000.00 to the Safety Town Program. Motion died for a lack of a second.
FRIDAY SEPTEMBER 24, 2004
PAGE SEVEN
L. D. Egnor, Commissioner stated this situation raised the same concerns as the item before, being un-mandated expenditures, which would place the Commission in jeopardy if the Regional Jail Authority takes action when the county can no longer pay their bills.
L. D. Egnor, Commissioner, made a suggestion that the Commission request that Gordon Merry, CCEMS Director, and Sheriff Kim Wolfe consider the expenditure of non-levy funds from EMS and the Sheriff’s Weapon’s Fund in the interest of the children.
Mr. Merry and Sheriff Wolfe, both, stated they would be glad to give $2,000.00 each from non-levy funds to the Safety Town Program.
L. D. Egnor, Commissioner, moved
to let the record reflect that the original motion failed, however, the request
by the Commission to Gordon Merry and Sheriff Wolfe for funds for Safety Town
was approved by both parties. Robert
L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#238 RESOLUTION,
CABELL COUNTY GENERAL FUND, STATE
BUDGET REVISION #5
L. D. Egnor, Commissioner, moved
to approve County General Fund, State Budget Revision #5. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(H)
Robert L. Bailey, Commissioner, moved to place on record minutes from the Culloden Public Service District, Regular Meeting, August 18, 2004, the Culloden Public Service District, Special Meeting, August 27, 2004; Pea Ridge Public Service District, Regular Meeting, August 9, 2004; Salt Rock Water Public Service District, Regular Meeting, August 10, 2004; Tri-State Airport Authority, Regular Meeting, July 15, 2004; Greater Kanawha RC&D Area, Board of Directors Meeting, August 18, 2004; Other Documentation to be Recorded the Huntington-Cabell-Wayne Animal Control Shelter, Monthy Report, August 2004 and the Bank of New York, Various Account Statements, August 31, 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
William Watson, County Attorney, reported the insurance company had approved the re-drafted agreement concerning the Firing Range.
Nancy Cartmill, President, adjourned the meeting at 11:05 a.m., until the next scheduled meeting on Thursday, October 7, 2004 at 10:00 a.m.
______________________________________
PRESIDENT, COUNTY COMMISSION
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