COMMISSION MEETING

THURSDAY, DECEMBER 16, 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 regular scheduled 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.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to approve purchase orders #2907 Y through #3182 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 of the December 2, 2004 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, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

Glenn White, County Manager, stated we did not have the minutes for the December 2, 2004 meeting at the present time.

 

L. D. Egnor, Commissioner, moved to reconsider the motion on the approval of the minutes.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to remove the approval of the minutes from the agenda.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#282                            APPEARING, ADELL CHANDLER, CIRCUIT CLERK

 

                                    RE:  $1,000.00 CHECK TO LEANN SAXTON FROM THE

                                             CIRCUIT CLERK’S INTEREST BEARING ACCOUNT

 

THURSDAY, DECEMBER 16, 2004

PAGE TWO

 

William Watson, County Attorney, stated that Edward McCoy had posted real estate as surety, which was not of sufficient amount to cover the bond and Ms. LeAnn Saxton then posted a $1,000.00 cash bond.  Mr. Watson further stated that when it was time to do a refund, the check was inadvertently issued to Edward McCoy who cashed the check and spent the money.  Mr. Watson went on to say the Circuit Clerk was requesting approval to issue a check to Ms. Saxton, who actually posted the bond. 

 

L. D. Egnor, Commissioner, moved to approve the issuing of a check, in the amount of $1,000.00, to LeAnn Saxton.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#283                            RESOLUTION, CABELL COUNTY COMMISSION

 

RE:  APPROVING LISTING OF DELINQUENT PROPERTY 

         SUSPENDED FROM TAX LIEN SALE-TAX YEAR 2003,

         AS SUBMITTED BY KIM WOLFE, SHERIFF

 

Robert L. Bailey, Commissioner, moved to approve the listing of delinquent property suspended from the tax lien sale for tax year 2003.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#284                            LETTER, KIM WOLFE, SHERIFF

           

                                    RE:  DELINQUENT LIST OF SALES, SUSPENSIONS AND

                                             REDEMPTIONS, 2003 DELINQUENT REAL ESTATE

                                             TAXES

 

L. D. Egnor, Commissioner, moved to approve the delinquent list of sales, suspensions and redemptions for 2003 delinquent real estate taxes.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#285                            LETTER, KIM WOLFE, SHERIFF

 

                                    RE:  CABELL COUNTY SHERIFF’S SETTLEMENT

                                             JULY 1, 2003 THRU JUNE 30, 2004

 

Robert L. Bailey, Commissioner, moved to approve the Cabell County Sheriff’s settlement from July 1, 2003 through June 30, 2004.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. 

 

 

 

 

 

 

THURSDAY, DECEMBER 16, 2004

PAGE THREE

 

#286                            APPEARING, THOMAS L. CRAIG, ESQUIRE

 

                                    RE:  RESOLUTION REGARDING AN AMENDMENT TO THE

                                             ARTICLES OF INCORPORATION OF CABELL

                                             HUNTINGTON HOSPITAL, INC., TO PERMIT THE

                                             APPOINTMENT TO THE BOARD OF DIRECTORS OF

                                             CABELL HUNTINGTON HOSPITAL, INC., OF  

                                             REPRESENTATIVES OF MARSHALL UNIVERSITY

                                             AND THE JOAN C. EDWARDS SCHOOL

                                             OF MEDICINE

 

Thomas L. Craig, Attorney for Cabell Huntington Hospital, appeared before the Commission on behalf of his client, Cabell Huntington Hospital, who was seeking authorization for a resolution to amend the Articles of Incorporation regarding the composition of the Cabell Huntington Hospital Board of Directors.

 

Mr. Craig gave a brief history of the organization of the Board of Directors and the reorganization that took place in 1986. 

 

Mr. Craig stated Cabell Huntington Hospital was requesting an amendment to the Articles of Incorporation, to permit appointments to the Board of Directors of Cabell Huntington Hospital representatives be from Marshall University and the Joan C. Edwards School of Medicine. 

 

L. D. Egnor, Commissioner, moved to approve the request from Cabell Huntington Hospital for an amendment to the Articles of Incorporation for the Board of Directors.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  (B)

 

#287                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADVERTISING FOR BIDS FOR ONE 2005 FORD E450

                                             SUPER DUTY COMMERCIAL STRIP CHASSIS

                                             VEHICLE WITH DUAL REAR WHEELS FOR THE

                                             CABELL COUNTY SHERIFF’S DEPARTMENT SPECIAL

                                             OPERATIONS UNIT FROM HOMELAND SECURITY

                                             GRANT FUNDS  

 

Robert L. Bailey, Commissioner, moved to approve advertising for bids on one Ford E450 super duty commercial strip chassis vehicle.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  (C)

 

#288                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADVERTISE FOR BIDS FOR ONE AS/400 MODEL

                                             9406-520 I5 COMPUTER SYSTEM FOR E-911

THURSDAY, DECEMBER 16, 2004

PAGE FOUR

 

L. D. Egnor, Commissioner, moved to approve the advertisement for bids for an AS/400 Computer System for E-911.  Robert L. Bailey, Commissioner, seconded the motion.

 

Glenn White, County Manager, stated last summer a letter had been submitted to the State requesting assistance in the form of a grant to replace the E-911 computer, however, as of this date no word had been received in favor of assistance. Mr. White further stated it was his understanding the present AS/400 computer was at its maximum operating capacity. 

 

Mr. White went on to say the money would come from the funds in the budget for replacement of the phone system, which would now be included in the construction of the new E-911 facility.

 

President Cartmill called for a vote on the motion to approve advertising for bids for a AS/400 computer system and the vote was unanimous.  Exhibit (D)  

 

#289                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  UNION RIDGE WATER LINE EXTENSION PROJECT:

                                             BUDGET AMENDMENT NUMBER #3

                                             FINAL DRAW DOWN REQUEST

                                             FINAL PERFORMANCE REPORT

 

Kathy Elliot, Region II Planning and Development, explained the final documents regarding the Union Ridge Project and stated the project had been completed.

 

L. D. Egnor, Commissioner, moved to approve budget amendment #3 for the Union Ridge Water Line Extension Project.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to approve the final draw down request in the amount of $16, 279.52.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

L. D. Egnor, Commissioner, moved to approve the final performance report.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

#290                            LETTER, RESOLUTION, AND GRANT APPLICATION

                                    CABELL COUNTY COMMISSION

 

                                    RE:  WEST VIRGINIA COURTHOUSE FACILITIES

                                             IMPROVEMENT FUND APPLICATION FOR FUNDING

                                             ASSISTANCE TO REPLACE THE COURTHOUSE

                                             ROOF $80,000.00

 

 

THURSDAY, DECEMBER 16, 2004

PAGE FIVE

 

Robert L. Bailey, Commissioner, moved to approve the application for funding, in the amount of $80,000.00, to replace the roof of the Courthouse.  L. D. Egnor, Commissioner, seconded the motion.

 

Glenn White, County Manager, explained that the Courthouse roof had been replaced 11 years ago and was now in need of repair.  Mr. White said there was a tremendous amount of water coming into the Courthouse through the roof. 

 

Connie Gray, Administrator for Grant, Planning and Permits, stated the warranty on the roof had expired last year and the estimated cost for the new roof would be around $140,000.00, with the county paying $60,000.00 should this grant be approved as submitted.

 

L. D. Egnor, Commissioner, asked if the seepage around the windows was related to the roof problems. 

 

Ms. Gray stated it could be, however, it was mainly the mortar joints causing the problem and the estimate to repair those would be around $300,000.00.

 

President Cartmill called for a vote on the motion and the vote was unanimous to apply for assistance to repair the Courthouse roof.  Exhibit (E)

 

#291                            LETTER, RESOLUTION, AND GRANT APPLICATION

                                    CABELL COUNTY COMMISSION

 

                                    RE:  FY 2005 LOCAL ECONOMIC DEVELOPMENT

                                             ASSISTANCE GRANT PROGRAM APPLICATION

                                             YWCA $5,000.00

 

Connie Gray, Administrator of Grants, Planning and Permits, stated the grant money would be used for labor and materials for improvements to the auditorium floor and to make repairs to the parking lot.

 

Robert L. Bailey, Commissioner, moved to approve the grant application for funds, in the amount of $5,000.00, for the improvements to the YWCA.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

#292                            LETTER, RESOLUTION AND GRANT APPLICATION

                                    CABELL COUNTY COMMISSION

 

                                    RE:  FY 2005 LEGISLATIVE DIGEST GRANT APPLICATION

                                             SOUTHWESTERN COMMUNITY ACTION COUNCIL

                                             $10,000.00 PROJECT #05LEDA0260

 

 

 

THURSDAY, DECEMBER 16, 2004

PAGE SIX

 

Ms. Gray explained that the funds from this grant would be used for services and programs to benefit veterans, youth and homeless families in Cabell, Wayne, Mason and Lincoln counties.  Ms. Gray said the majority of the funds would be spent on programs benefiting Cabell County. 

 

Robert L. Bailey, Commissioner, moved to approve the application for a grant in the amount of $10,000.00, for the Southwestern Community Action Council.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (G)

 

#293                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  CABELL COUNTY PROPERTY ACQUISITION

                                             PROJECT-FEMA DR-1455-WV- HAZARD MITIGATION

                                             GRANT PROGRAM AWARD BID FOR APPRAISAL

                                             SERVICES TO H. E. PILCHER & COMPANY

 

Connie Gray, Administrator for Grants, Planning and Permits, stated the purpose of this letter was to award the bid for appraisal services on the eight properties to be acquired through the Hazard Mitigation Grant Program.

 

Robert L. Bailey, Commissioner, moved to approve the bid for appraisals to H. E. Pilcher & Company, for properties to be acquired through the Hazard Mitigation Grant Program.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#294                            RESOLUTIONS, CABELL COUNTY COMMISSION

           

RE:  APPALACHIAN EMERGENCY MEDICAL SERVICES

         REAPPOINTMENT/A. GORDON MERRY

                                             APPOINTMENT/MARK BATES

 

Robert L. Bailey, Commissioner, moved to approve the reappointment of A. Gordon Merry to the Board of Directors for Appalachian Emergency Medical Services, for term ending October 26, 2006 and the appointment of Mark Bates to the Board of Directors for Appalachian Emergency Medical Services, for a term ending October 26, 2006.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  (H)      

 

#295                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  CABELL COUNTY AIRPORT AUTHORITY                               

         REAPPOINTMENT/DAVID CLARK

 

Robert L. Bailey, Commissioner, moved to approve the reappointment of David Clark to the Cabell County Airport Authority, for a term beginning immediately and ending June 30, 2007.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (I)

THURSDAY, DECEMBER 16, 2004

PAGE SEVEN

 

#296                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  CABELL COUNTY BUILDING COMMISSION

                                             APPOINTMENTS/P. C. PANCAKE & DOUG REYNOLDS

 

Robert L. Bailey, Commissioner, moved to approve the appointments of P. C. Pancake and Doug Reynolds to the Cabell County Building Commission, for terms beginning immediately and ending November 30, 2009.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (J)

 

#297                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  CABELL COUNTY COMMISSION ON CRIME,

                                             DELINQUENCY & CORRECTIONS/APPOINTMENTS

         NANCY CARTMILL, STEVE ZICKEFOOSE AND

         ALEX VENCE

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Nancy Cartmill to the Cabell County Commission on Crime, Delinquency and Corrections, for a term beginning January 1, 2003 and ending December 31, 2008 and approve the appointments of Steve Zickefoose and Alex Vence, for terms beginning immediately and ending in December 31, 2008.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (K)

 

#298                            RESOLUTIONS, CABELL COUNTY DEVELOPMENT

                                    AUTHORITY

 

                                    RE:  REAPPOINTMENTS/LEO MERRIMEE, GLENN A.

                                             WHITE, WILLIAM M. FRAZIER, DON ENSOR, STEVE  

                                             PARSONS, JOHN STOUT, RICHARD DIXON, STEVE

                                             BURTON, VICKIE SHAFFER AND PAUL RIEDEL

 

                                    RE:  APPOINTMENTS/LIZA CALDWELL, RICK WOODARD

                                             AND (TO BE DETERMINED)

 

Robert L. Bailey, Commissioner, moved to approve the reappointments to the Cabell County Development Authority of Leo Merrimee, Glenn A. White, William M. Frazier and Don Ensor, for terms beginning immediately and ending December 13, 2005; reappointments of Steve Parsons and John Stout, for terms beginning immediately and ending December 13, 2006; reappointments of Richard Dixon, Steve Burton, Vickie Shaffer and Paul Riedel, for terms beginning immediately and ending December 13, 2007; the appointments of Liza Caldwell and Rick Woodard, for terms beginning immediately and ending December 13, 2006.

 

 

THURSDAY, DECEMBER 16, 2004

PAGE EIGHT

 

Nancy Cartmill, President, moved to add the name of Julian Saad as the “to be determined” position on the authority. 

 

Robert L. Bailey, Commissioner, moved to add the name of Richard Simmons as the “to be determined” position on the authority. 

 

L. D. Egnor, Commissioner seconded the first motion by Commissioner Bailey and seconded the motion by President Cartmill on adding Julain Saad to the Cabell County Development Authority.

 

William Watson, County Attorney, suggested the Commission vote on the first motion on the reappointments and the appointments in order to clarify the motion and then vote on the addition of a name to the authority. 

 

Nancy Cartmill, President, called for a vote on the first motion for the reappointments and appointments and the vote was unanimous.  Exhibit (L)

 

Robert L. Bailey, Commissioner, requested the record show the spelling of Ms. Caldwell was not correct on the agenda.  Mr. White stated the spelling was correct on the resolution. 

 

Nancy Cartmill, President, moved to appoint Julian Saad to the Cabell County Development Authority, for a term beginning immediately and ending December 13, 2005.  L. D. Egnor, Commissioner, seconded the motion and the vote was as followes:  Exhibit (L)

 

                                                Nancy Cartmill, President                 aye

                                                L. D. Egnor, Commissioner               aye

                                                Robert L. Bailey, Commissioner      nay

 

#299                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  CABELL COUNTY HISTORIC LANDMARKS

                                             COMMISSION

         REAPPOINTMENT/L. D. EGNOR

         APPOINTMENTS/CAROLYN BAGBY AND

         MARGARET MARY LAYNE

 

 

L. D. Egnor, Commissioner, moved to approve the reappointment of L. D. Egnor to the Cabell County Historic Landmarks Commission, for a term expiring January 31, 2007; the appointment of Carolyn Bagby and Margaret Mary Layne for terms ending January 31, 2006.  Nancy Cartmill, President, seconded the motion and the vote was unanimous.  Exhibit (M)

 

 

THURSDAY, DECEMBER 16, 2004

PAGE NINE

 

#300                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE APPOINTMENT OF

                                             ADDITIONAL MEMBERS TO THE CABELL

                                             COUNTY PLANNING COMMISSION

                                             APPOINTMENTS/NANCY CARTMILL AND

                                             DALLAS MOORE

 

Robert L. Bailey, Commissioner, moved to approve the appointment of Nancy Cartmill and Dallas Moore to the Cabell County Planning Commission, for terms beginning immediately and ending March 3, 2007.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (N)

 

#301                            RESOLUTIONS, CABELL COUNTY COMMISSION

 

                                    RE:  CABELL COUNTY PLANNING COMMISSION

                                             REAPPOINTMENTS/CHARLES “RICK” CROW,

                                             STANLEY MILLS, OSTEN MATHISEN AND

                                             HELEN GIBBINS

                                             APPOINTMENTS/BOB BAILEY, DAVID THOMPSON,

                                             JACK MCCOMAS AND RONALD MORRISON

 

Robert L. Bailey, Commissioner, moved to approve the reappointments of Charles “Rick” Crow, Stanley Mills, Osten Mathisen and Helen Gibbons, with terms beginning immediately and ending March 3, 2005; appointment of Bob Bailey, for a term beginning immediately and ending December 31, 2006; appointment of David Thompson, to fill an unexpired term, beginning immediately and ending March 3, 2006; appointments of Jack McComas and Ronald Morrison, for terms beginning immediately and ending March 3, 2007 and Ronald Morrison.  L. D. Egnor, Commissioner, seconded the motion.  

 

Nancy Cartmill, President, stated while looking over the reappointments she noticed the resolutions for Charles Crow, Stanley Mills, Ostie Mathisen and Helen Gibbons were only for three months.  President Cartmill further stated she understood that by State Code reappointments were for three years. 

 

Glenn White, County Manager, explained the reason the reappointments were for three months was because the staggering of terms had not been maintained, especially in the Planning Commission, and now they were trying to correct the problem.

 

 

 

 

 

 

THURSDAY, DECEMBER 16, 2004

PAGE TEN

 

After a lengthy discussion regarding the adding of three months to the terms for the reappointees, L. D. Egnor, Commissioner, moved to amend the motion to make the terms three years and three months for Charles “Rick” Crow, Stanley Mills, Osten Mathisen and Helen Gibbins.  Nancy Cartmill, President, seconded the motion and the vote was as followed:

 

                                    Nancy Cartmill, President                 aye

                                    L. D. Egnor, Commissioner               aye

                                    Robert L. Bailey, Commissioner      nay

 

Robert L. Bailey, Commissioner, requested the record show he voted no on the motion because he believed the motion was going against West Virginia State Code.

 

#302                            LETTERS, CABELL COUNTY COMMISSION

 

                                    RE:  TAX INCREMENT FINANCING

 

Glenn White, County Manager, discussed a letter from the Commission to David Satterfield, Executive Director of the West Virginia Development Office, regarding Tax Increment Financing. Mr. White stated copies of the letter to Mr. Satterfield would also go to Governor Wise, Governor-Elect Manchin and members of the legislature. 

 

Robert L. Bailey, Commissioner, moved to approve the sending of the letter to David Satterfield concerning the Tax Increment Financing.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#303                            RESOLUTION, GENERAL FUND STATE BUDGET

                                    REVISION #7

 

Robert L. Bailey, Commissioner, moved to approve General Fund State Budget Revision #7.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (P)

 

#304                            RESOLUTION, GENERAL FUND COUNTY BUDGET

                                    REVISION #1

 

Robert L. Bailey, Commissioner, moved to approve General Fund County Budget Revision #1.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (Q)

 

Shirley Lawson, E-911 Director, asked the Commission if they would consider giving the county employees a turkey for Christmas like they had in the past. 

 

Robert L. Bailey, Commissioner, informed Ms. Lawson the employees would again receive turkeys for Christmas.

 

THURSDAY, DECEMBER 16, 2004

PAGE ELEVEN

 

L. D. Egnor, Commissioner, informed the Commission he had been appointed, by the Judicial Association, to continue serving on the West Virginia Courthouse Facilities Improvement Authority Board.

 

Nancy Cartmill, President, adjourned the meeting at 11:45 a.m., until the next regular scheduled meeting of December 30, 2004, at 10:00 a.m.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                        _______________________________________

                                                                        PRESIDENT, COUNTY COMMISSION

 

 

 

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