COMMISSION MEETING

THURSDAY FEBRUARY 26, 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

 

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 #4684 X through #5007 X and pay jackets.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to approve the Commission minutes of February 11, 2004, 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.

 

CITIZENS REGISTERED TO SPEAK

 

Rodney Easton, resident of Pea Ridge, informed the Commission he was still having a problem with his neighbor’s barking dogs.  Mr. Easton stated he had spoken again with Sheriff Wolfe, but as of today he still had not heard from the Sheriff.  Mr. Easton asked the Commission if they would do an ordinance on barking dogs.

 

L. D. Egnor, Commissioner, stated he would be glad to address the issue of an ordinance on barking dogs, however, this ordinance would not be of any immediate help for Mr. Easton.

 

Nancy Cartmill, President, asked William Watson, County Attorney, to look into preparing an ordinance on barking dogs for the County.

 

Donald McCloud, pastor of River Cities Lighthouse Church, appeared before the Commission requesting use of the Courthouse grounds for an Easter Egg Hunt on Saturday, April 10, 2004 at 1:00 p.m.

 

 

THURSDAY FEBRUARY 26, 2004

PAGE TWO

 

#042                            LETTER, CHRIS CHILES, PROSECUTING ATTORNEY

 

                                    RE:  REQUEST ADDITIONAL FUNDING FOR

                                             TWO COMPUTERS

 

                                    RE:  PROPOSAL TO CREATE A MULTI-JURISDICTIONAL

                                             FIRE INVESTIGATION TASK FORCE FOR

                                             CABELL COUNTY

 

Chris Chiles, Prosecuting Attorney, appeared before the Commission requesting additional funding for the purchase of two computers for his office.  Mr. Chiles stated he had previously purchased two computers out of his present budget but needed additional funding for two more computers, a printer and software which would cost about $3,600.00.  Mr. Chiles further stated he had received a letter from John Raines II, Assistant Director Of Technical Services for the West Virginia Supreme Court of Appeals, explaining that the Court of Appeals would be upgrading its equipment and this upgrade would not be compatible with some of the older computers in the Prosecutor’s Office.  Mr. Raines, in his letter, stated the computers in Mr. Chiles’ office are too old for an upgrade and are too old for rebuilding.

 

Jane Hustead, Assistant Prosecutor, informed the Commission she had developed a database program where she could keep track of every bound-over prisoner that comes through the system saving the County approximately $50,000.00 to $100,000.00 a year. Ms. Hustead stated if the Prosecutor’s Office had the technology, this program would let her know who is in jail and how long they have been in jail, which then would enable the prosecutor to do information pleas instead of indictments, therefore, getting the prisoners out of jail sooner and saving the County money on their housing. 

 

Robert L. Bailey, Commissioner, moved to approve additional funds of $3600.00 for the purchase of two computers, one printer and software for the Prosecuting Attorney’s Office.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

Mr. Chiles said the second item he wanted to speak to the Commission about was a proposal to create a multi-jurisdictional fire investigation task force.  Mr. Chiles stated the force would consist of representatives of the Huntington Fire Department, Huntington Police Department, Cabell County Sheriff’s Department, Barboursville Police Department, West Virginia State Fire Marshall’s Office, Bureau of Alcohol, Tobacco and Firearms, the Cabell County Volunteer Fire Departments, the insurance industry and his office.  Mr. Chiles said all of these agencies had been contacted and had agreed to participate in the task force.

 

Mr. Chiles informed the Commission the Green Valley Fire Department told him they would donate a box ambulance to the task force for use as a mobile office.  Mr. Chiles said the County would be responsible for maintenance and insurance on the box ambulance and the insurance industry would donate the equipment.  

 

 

THURSDAY FEBRUARY 26, 2004

PAGE THREE

 

President Cartmill asked Mr. Chiles to gather more information on this proposal and bring it back to the Commission for consideration.

 

#043                LETTER, RESOLUTION AND GRANT APPLICATION

 

                        RE:  AUTHORIZE THE FILING OF A RENEWAL APPLICATION

                                 FOR A VICTIM OF CRIME ACT ASSISTANCE GRANT

                                 PROGRAM (VOCA) FOR FISCAL YEAR 2004-2005

 

 

Chris Chiles, Prosecuting Attorney, informed the Commission this resolution was a renewal of a grant that his office had been participating in for several years.  Mr. Chiles stated the amount was the same as last years and he believed this was an excellent program.

 

Glenn White, County Manager, explained that the County’s cost on this grant would increase due to higher insurance rates and Workers Compensation rates.  Mr. White stated the total cost for the County would be approximately $60,000.00.

 

President Cartmill asked Mr. White if the County could afford the grant.  Mr. White replied it was too early for him to know.

 

Mr. Chiles stated this program was mandated by the State and was essential to the County in order to deal with the thousands of victims that come through his office.

 

Robert L. Bailey, Commissioner, moved to approve the application to apply for funds for the Victim of Crime Act Assistance Grant Program, with the contingency the County would have the money to support this grant if awarded.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#044                            PETITION FOR APPOINTMENT OF LEGAL GUARDIAN

 

                                    RE:  ELIZABETH A. PRICE AND EVAN M. PRICE, INFANTS

 

Bruce L. Stout, Attorney for Patricia A. Price, appeared before the Commission requesting Mrs. Price be appointed legal guardian of the infants Elizabeth A. Price and Evan M. Price.  Mr. Stout explained that Donna Vines, a friend of Mrs. Price’s, died and left money to Mrs. Price’s children.  Mr. Stout stated in order for the funds to be transferred, a legal guardian must be appointed by order of the Commission.  Mr. Stout further stated the biological father, Frederick R. Price, had consented to the appointment of Mrs. Price who was the biological mother.

 

William Watson, County Attorney, stated he had read the order and believed the order should reflect that an annual accounting report would be prepared and that a copy of this report be filed with the County Commission each year.  Mr. Stout agreed to add that to the order.

 

THURSDAY FEBRUARY 26, 2004

PAGE FOUR

 

Robert L. Bailey, Commissioner, moved to approve the order appointing Patricia A. Price as legal guardian of the infants Elizabeth A. Price and Evan M. Price.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

#045                            APPEARING, PAUL RYKER, ESQUIRE

 

                                    RE:  AGREED ORDER/ESTATE OF JOHN E. GREENE

 

Paul Ryker, Counsel for James E. Spurlock, Executor of the Estate of John E. Greene, explained to the Commission that the matter of the contest on Mr. Greene’s estate had been resolved, all of the duties had been completed and all parties had agreed the estate could be closed.  Mr. Ryker requested the accounting be accepted as the final report and the Executor be released from his duties.

 

William Watson, County Attorney, stated he believed everything had been completed and recommended execution of the order.

 

Robert L. Bailey, Commissioner, moved to approve the order in the Estate of John E. Greene.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

#046                            APPEARING, PATRICK B. ANDERSON, ESQUIRE

 

                                    RE:  PETITION FOR REMOVAL AND REPLACEMENT OF

                                            ADMINISTRATOR IN THE ESTATE OF NELLIE CLARK

 

Patrick Anderson, Attorney for Anita Caruthers, appeared before the Commission requesting that Greg Clark be removed as Administrator of the estate of Nellie Clark since Mr. Clark had not carried out his duties.  Mr. Anderson also requested the Commission appoint Mrs. Caruthers as the Administrator to Mrs. Clark’s estate.

 

William Watson, County Attorney, stated he was concerned that Greg Clark did not received proper notice of this hearing to remove him as Administrator.  Mr. Watson further stated Mr. Clark did not receive a certified letter of the hearing.

 

L. D. Egnor, Commissioner, stated he believed the petition was incomplete and requested Mr. Anderson come back  later and re-submit the petition.

 

#047                            APPEARING, AUDY PERRY, ESQUIRE

 

                                    RE:  PETITION TO APPROVE FINAL ACCOUNTING AND

                                             RELEASE FOR THE ESTATE OF CHARLES I. MYLAR

 

Audy Perry, Attorney, appeared before the Commission asking that the estate of Charles Mylar be closed.  Mr. Perry stated Mr. Mylar’s estate was very small and the assets were insufficient to pay off credit card debts.

THURSDAY FEBRUARY 26, 2004

PAGE FIVE

 

William Watson, County Attorney, explained that the credit card companies would not issue a release even when there were insufficient funds to pay the debts, therefore, the Commission would have to approve an order to close the estate.  Mr. Watson stated he would recommend the issuance of the order.

 

Robert L. Bailey, Commissioner, moved to approve the order to close the estate of Charles I. Mylar.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#048                            USE OF COURTHOUSE GROUNDS PERMIT

 

                                    RE:  CENTRAL FREEWILL BAPTIST CHURCH

                                             EASTER EGG HUNT/APRIL 10, 2004/11:30 A.M.-1:30 P.M.

 

Robert L. Bailey, Commissioner, moved to approve the use of the Courthouse grounds by the Central Freewill Baptist Church for an Easter Egg Hunt April 10, 2004, between 11:30 a.m. and 1:30 p.m.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

#049                            USE OF COURTHOUSE GROUNDS PERMIT

 

                                    RE:  RIVER CITIES LIGHTHOUSE CHURCH

                                             EASTER EGG HUNT/APRIL 10, 2004/2:30 P.M.-4:30 P.M.

 

Robert L. Bailey, Commissioner, moved to approve the use of the Courthouse grounds by the River Cities Lighthouse Church for a Easter Egg Hunt April 10, 2004, 2:30 p.m. to 4:30 p.m.  L. D. Egnor, Commissioner, seconded the notion and the vote was unanimous. 

 

#050                            LETTER, L. D. EGNOR

 

                                    RE:  REQUESTING A HOMESTEAD EXEMPTION FOR 2004

 

L. D. Egnor, resident of Cabell County, sent a letter to the Commission requesting homestead exemption, for his residence shown on map 45, parcel 554.1, beginning for the year 2004.  Mr. Egnor stated in his letter he misunderstood the time frame for making the application for homestead exemption.

 

Commissioner L. D. Egnor stated he would abstain from voting on this matter.

 

Robert L. Bailey, Commissioner, moved to approve the homestead exemption for L. D. Egnor.  Nancy Cartmill, President, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, stated he had saved $352.00 on his taxes due to his homestead exemption being granted and would like to present a check in that amount to President Cartmill for the County’s Capital Improvement Fund. 

THURSDAY FEBRUARY 26, 2004

PAGE SIX

 

#051                            LETTER, J. H. MAHANEY, ESQUIRE, CABELL COUNTY

                                    BAR ASSOCIATION

 

                                    RE:  APPOINTMENT OF J. ROGER SMITH, ESQUIRE TO

                                             THE CABELL COUNTY DEPUTY SHERIFF’S CIVIL

                                             SERVICE COMMISSION

 

The President presented a letter from Mr. J. H. Mahaney, President of the Cabell County Bar Association, requesting that J. Roger Smith, be appointed as a member to the Cabell County Deputy Sheriff’s Civil Service Commission.

 

Robert L. Bailey, Commissioner, moved to approve the appointment of J. Roger Smith as a member of the Cabell County Sheriff’s Civil Service Commission.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#052                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  AMENDING THE ALLOCATION FROM THE CABELL

COUNTY SENIOR CITIZENS’ EXCESS LEVY TAX FUND TO THE MILTON SENIOR CENTER FOR THE KITCHEN RENOVATION PROJECT

 

Robert L. Bailey, Commissioner, moved to approve amending the original allocation from the Senior Citizens’ Projects and Programs’ Excess Levy Tax Funds to be used for the renovation project at the Senior Center in Milton.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

PLACE ON RECORD AND OTHER DOCUMENTATION TO BE RECORDED:

 

L. D. Egnor, Commissioner, moved to place on record the minutes of the Greater Kanawha Resource Conservation & Development Area Board of Directors Meeting of January 21, 2004; Pea Ridge Public Service District, Regular Meeting, January 12, 2004, Pea Ridge Public Service District, Special Meeting, January 30, 2004; Tri-State Airport Authority, Regular Meeting, December 18, 2003; Cabell Huntington Health Department, Combined Narrative Environmental Health, December, 2003, Cabell Huntington Health Department, Monthly Report-Clinic, December, 2003, Cabell Huntington Health Department, Children’s Dental Education Report, December, 2003; Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, January, 2004 and The Bank of New York, Various Trust Bond Account Statements, January 1, 2004-January 31, 2004.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, President, recessed the meeting at 10:55 a.m., until 1:00 p.m.

 

 

THURSDAY FEBRUARY 26, 2004

PAGE SEVEN

 

Nancy Cartmill, President, reconvened the recessed meeting at 1:50 p.m.

 

Robert L. Bailey, Commissioner, moved to come back into regular session.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#051                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE CABELL COUNTY

                                             COMMISSION SITTING AS A BOARD OF

                                             EQUALIZATION AND REVIEW, JANUARY 29

                                             THROUGH FEBRUARY 26, 2004

 

Glenn White, County Manager, explained that this resolution takes into account all the actions taken by the Board of Equalization and Review for 2004.

 

Robert L. Bailey, Commissioner, moved to approve the resolution in the matter of the Cabell County Commission sitting as a Board of Equalization and Review from January 29, 2004 to February 26, 2004.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

Nancy Cartmill, President, adjourned the meeting at 2:00 p.m., until the next regular scheduled meeting March 11, 2004, at 10:00 a.m.

 

 

 

 

 

 

 

 

 

                                                                        _______________________________________

                                                                           PRESIDENT COUNTY COMMISSION

 

 

 

 

 

KSC;ar