PRESENT: NANCY CARTMILL, PRESIDENT
L. D. EGNOR, COMMISSIONER
ROBERT L. BAILEY, COMMISSIONER
WILLIAM T. WATSON,
GLENN WHITE,
SHARON ROSS, ASSISTANT
BILLABLES AND PAYABLES
APPROVE:
Glenn White,
Robert L. Bailey, Commissioner, moved to approve the removal of items #032, #040 and #041 from the agenda. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve the amended agenda. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve purchase orders #4516 X through #4683 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 January 29, 2004, erroneous assessments/land consolidation/split tickets and probate documentations. 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 and Medical Life, 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 West Pea Ridge, informed the Commission he had a problem with his next-door neighbor’s barking dogs. Mr. Easton stated he had spoken with the owner of the dogs several times but the last time Mr. Easton spoke with the dog owner, Mr. Easton said he felt threatened. Mr. Easton stated he had spoke with Sheriff Wolfe regarding this matter and when the Sheriff realized the dog owner was a Barboursville Police Officer, he told Mr. Easton to file a complaint with the Officer’s supervisor. Mr. Easton filed the complaint with the supervisor and was told the problem would be taken care of. Mr. Easton said his problem had not been taken care of and he believed it was because the dog owner is a Barboursville Police Officer.
William Watson, County Attorney, stated the County did not have a Barking Dog Ordinance, however, there was a Nuisance Ordinance and Mr. Easton could file suit and bring action against the dog owner. Mr. Watson further stated the County Commission did not have the authority to take any action on this matter.
After much discussion, Commissioner Bailey told Mr. Easton to contact the Police Chief in Barboursville. President Cartmill informed Commissioner Bailey, the Chief of Police had surgery and was not available. Commissioner Egnor told Mr. Easton to speak with the Sheriff again on this problem and to report the progress of this matter back to the Commission.
#029 RESOLUTION,
CABELL COUNTY COMMISSION
RE: PLEDGING OF A LETTER OF CREDIT BY
FIRST SENTRY BANK
L. D. Egnor, Commissioner, moved
to approve the pledging of a Letter of Credit by First Sentry Bank. Robert L. Bailey seconded the motion and
the vote was unanimous. Exhibit
(A)
#030 RESOLUTION, CABELL COUNTY COMMISSION
RE: PROPOSED PRECINCT LOCATION CHANGE
L. D. Egnor, Commissioner, moved
to approve the location change of Precincts #21 and #23 from Fairfield East
Community Building, located at 2711 8th Avenue, to the Cabell County
Board of Education, located at 2850 5th Avenue. Robert L. Bailey seconded the motion and
the vote was unanimous. Exhibit (B)
#031 LETTER, KAREN COLE, COUNTY CLERK
RE: APPOINTMENT OF EMERGENCY BALLOT
COMMISSIONER/2004 PRIMARY AND GENERAL
ELECTIONS
Glenn White, County Manager, informed the Commission a letter from County Clerk, Karen Cole, had been received requesting two sets of Emergency Absentee Ballot Commissioners be appointed to serve for the 2004 Primary and General Elections. Mr. White stated that in Mrs. Cole’s letter she had noted that as in the past, the Ballot Commissioners appointed by the Circuit Clerk could serve as one set of Emergency Absentee Ballot Commissioners.
President Cartmill submitted the names of Judy Earls and Dale Loy to the Commission for approval as one set of Emergency Absentee Ballot Commissioners.
PAGE THREE
Mr. White informed the Commission that the Circuit Clerk had appointed Shelia McOwen and Helen Stanley as Ballot Commissioners.
Robert L. Bailey, Commissioner, moved
to approve Judy Earls, Dale Loy, Shelia McOwen and Helen Stanley as Emergency
Absentee Ballot Commissioners for the 2004 Primary and General Election. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous.
#032 REMOVED
FROM THE AGENDA
#33 APPEARING, BRUCE A. TONEY, ESQUIRE
RE: PETITION, AMENDED NOTICE AND ORDER TO
APPOINT EDGAR E. THOMAS AS SOLE
EXECUTOR OF
ESTATE OF MATTIE T. MOORE
Bruce A. Toney, Attorney representing Edgar E. Thomas, appeared before the Commission requesting an order to appoint Mr. Thomas as sole Executor of the estate of Mattie T. Moore. William Watson, County Attorney, stated Mrs. Moore’s will provided for the appointment of Mr. Edgar E. Thomas and Mr. H. B. Moore as Co-Executors. Mr. Watson further stated Mr. H. B. Moore had not responded to his appointment or to the petition, therefore, the Commission should approve the order appointing Mr. Thomas as sole Executor to the estate.
Robert L. Bailey, Commissioner, moved to approve the appointment of Edgar E. Thomas as sole Executor for the estate of Mattie T. Moore. L. D. Egnor, Commissioner seconded the motion and the vote was unanimous.
Commissioner Robert L. Bailey left the Commission meeting at 10.25 a.m.
#034 LETTER,
CABELL COUNTY COMMISSION
RE: UNION RIDGE WATERLINE EXTENSION PROJECT
#02SCGB0021X/DRAWDOWN REQUEST
#8-$86,391.23
L. D. Egnor, Commissioner, moved to approve drawdown request #8 for the Union Ridge Waterline Extension Project. Nancy Cartmill, President, seconded the motion and the vote was unanimous.
Commissioner Robert L. Bailey returned to the meeting at 10:37 a.m.
#035 RESOLUTION,
CABELL COUNTY COMMISSION
RE: EMPLOYMENT
WEDNESDAY FEBRUARY 11, 2004
PAGE FOUR
Glenn White informed the Commission a letter was received from Chief Judge Alfred Ferguson recommending Kevin Josha Maynard be employed as Magistrate Deputy Clerk, with his employment subject to a six-month probationary period. Judge Ferguson’s letter also stated Mr. Maynard’s salary would be paid from the Worthless Check Fund.
L. D. Egnor, Commissioner, moved to approve the employment of Kevin Josha Maynard, effective immediately, with a salary of $16,960.08 a year. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#036 LETTER,
JERRY R. COOPER
RE: HOMESTEAD EXEMPTION FOR TAX YEAR 2004
Glenn White, County Manager, explained that Mr. Jerry Cooper, Rt. 2, Box 733, Milton, filed for his Homestead Exemption December 23, 2003 and the deadline to file was December 1, 2003. Mr. White stated Mr. Cooper had misunderstood the date.
Robert L. Bailey, Commissioner, moved to approve Homestead Exemption for Jerry Cooper for the tax year 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous
#037 LETTER,
CABELL COUNTY COMMISSION TO CHIEF
JUDGE
ALFRED E. FERGUSON
RE: REQUESTING AN ORDER BE ENTERED INCREASING
THE BOND OF THE SHERIFF OF CABELL
COUNTY
FROM $200,000.00 TO $500,000.00,
PURSUANT TO THE
PROVISION OF WV CODE 6-2-10, AS AMENDED
William Watson, County Attorney, stated after consultation with the County’s insurance carrier, the Commission had been advised to increase the Sheriff’s bond. Mr. Watson further stated that pursuant to the provisions of West Virginia Code, an increase would require an Order from the Circuit Court.
L. D. Egnor, Commissioner, moved to approve sending a letter to Chief Judge Alfred E. Ferguson requesting an Order from the Court to increase the Sheriff’s bond from $200,000.00 to $500,00.00. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#038 EXECUTION
OF DOCUMENTS ESTABLISHING A 457 (b)
DEFERRED
COMPENSATION PLAN FOR COUNTY
EMPLOYEES
WITH AIG VALIC
WEDNESDAY FEBRUARY 11, 2004
PAGE FIVE
Robert L. Bailey, Commissioner, moved to approve execution of documents establishing a deferred compensation plan with AIG VALIC. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#039 RESOLUTION,
CABELL COUNTY COMMISSION
RE: AMENDING THE RESOLUTION SETTING LEGAL
HOLIDAYS FOR THE CABELL COUNTY
COMMISSION
Glenn White, County Manager, informed the Commission that due to New Year’s Day for 2005 falling on a Saturday, by West Virginia State Code it would be observed on the previous Friday, therefore the Commission needed to amend the “Legal Holidays” schedule for 2004.
Robert L. Bailey, Commissioner, moved to amend the
“Legal Holiday” schedule for 2004 to include Friday, December 31, 2004 as a
holiday. L. D. Egnor, Commissioner,
seconded the motion and the vote was unanimous.
Exhibit (C)
#040 REMOVED
FROM AGENDA
#041 REMOVED
FROM AGENDA
DISCUSSION: PENDING
LITIGATION WITH COUNSEL
EXECUTIVE
SESSION
L. D. Egnor, Commissioner, moved to go into Executive Session to discuss pending litigation with Counsel. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
The Commission recessed the meeting at 10:38 a.m.
The Commission reconvened the regular session at 11:20 a.m., with no action being taken.
Nancy Cartmill, President, adjourned the meeting at 11:28 a.m., until the next regular scheduled meeting February 26, 2004 at 10:00 a.m.
_______________________________________
PRESIDENT, COUNTY COMMISSION
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