MARCH 25, 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 meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
Glenn White, County Manager, informed the Commission that an item of extreme emergency needed to be added to the agenda. Mr. White stated the Prosecutor’s Office had notified him that an application for the Juvenile Accountability Incentive Block Grant needed to be approved today in order for the county to be considered for funding and this item, if approved, would be #073.
L. D. Egnor, Commissioner, moved
to approve adding the emergency item to the agenda.
Robert L. Bailey, 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 #5280 X through #5606 X and pay jackets. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve the minutes of the March 11, 2004 Commission meeting, 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.
THURSDAY, MARCH 25, 2004
PAGE TWO
CITIZENS REGISTERED TO SPEAK:
James Burdette, Manager of the Cabell County Airport, asked to speak to the Commission about the termination of the lease agreement with the Cabell County Airport Authority, item #068 on the agenda. Mr. Burdette stated he had been taking care of this property for approximately twenty years. Mr. Burdette further stated the property, at one time, had been used as a dump and at the expense of the Airport Authority, the property had been cleared and kept in very good shape. Mr. Burdette informed the Commission that he provides a one million dollar liability insurance policy on the use of the property.
Steven Smith, Citizen, addressed the Commission and asked the reason the Commission wanted to terminate the lease.
President Cartmill stated the reason was due to cost of the insurance to cover the County Commission. President Cartmill further stated the insurance Mr. Burdette had would not cover the Commission because the Commission owns the property.
Glenn White, County Manager, explained the Commission has several issues and one issue was the Cabell County Airport Board Members are excluded under the current insurance policies, which makes it a great liability to the county. Mr. White stated another issue was that the county had leased the airport to the Cabell County Airport Authority, who in turn leased it to the Robert Newlon Airport, Inc., and Mr. White stated that corporation had been dissolved causing another problem. Mr. White further stated the Commission had discovered, while amending the current insurance policy, the policy excludes airports, therefore, the Airport Authority Board Members were not covered. Mr. White said coverage for Board Members would have to be obtained and the county would need additional coverage for a total of approximately $7,000.00.
Stephen Smith, Citizen, asked if they could raise their coverage to protect the county. Mr. Smith stated there are five or six pilots, who have their planes based there permanently, but there were a lot of people who fly into that airport and he would hate to see the airport close.
William Watson, County Attorney, informed Mr. Smith that raising their insurance coverage would not help the Commission because of the liability issue.
Robert L. Bailey, Commissioner, stated he would like to sell the property and perhaps the interested parties could make a proposal to the Commission for purchasing the property.
Nancy Cartmill, President, stated she was not sure the Commission had decided what they would like to do with the property.
William Watson, County Attorney, stated if the Commission decided to sell the property it would have to be put out for bid.
THURSDAY, MARCH 25, 2004
PAGE THREE
David Clark asked what kind of liability policy the Commission needed and what would be the cost for the policy. Mr. Clark also asked about a policy for the Airport Authority Board. Mr. White stated the lessors risk coverage for the Commission would be about $3,000.00 and the cost for a policy to cover the Airport Board Members would be about $3,600.00.
Mr. Clark also inquired about a copy of a public notice concerning the selling or closing of the airport. President Cartmill informed Mr. Clark a decision on the status of the airport had not been made that it was on the agenda to discuss.
Mr. Clark also inquired if anyone had contracted the State Aeronautical Authority for money to which Commissioner Bailey replied no they had not. Mr. Clark further stated that any money received from the Aeronautical Authority could only be given to the Airport Authority Board that it could not go to the Commission.
Robert L. Bailey, Commissioner, suggested postponing a decision on this issue until the Airport Authority Board can meet to discuss all the issues.
Dee Callicoat, 3113 Brenton Court, President of the Tri-State Pilot’s Association stated he represents seventy-six (76) area pilots, and this airport was the primary airport for pilots to teach their students to fly and he would hate to see it closed. Mr. Callicoat further stated he hoped that if the Commission decided to sell the property, the pilots could purchase the property.
Don Lee, Citizen, asked if the county had liability with the Tri-State Airport. President Cartmill told Mr. Lee no because the Tri-State Airport was not under the Cabell County Commission.
Mr. Lee asked what the function was for the Cabell County Airport Authority. William Watson, County Attorney, explained the County Commission did not have the authority statutorily or constitutionally to lease property, therefore, the Commission appoints a board that would have the powers to lease.
Davis Briers, 328 South Walnut Street, told the Commission he keeps a plane at the Cabell County Airport and he was concerned about a neighbor who farms and takes the hay off the unused portion of the runway at the airport. Mr. Briers further stated this man had invested about two thousand dollars in fertilizer and lime to increase his production and he wanted to know if the airport was closed would the man be able to harvest the hay. President Cartmill asked if the man had sold the hay. Mr. Briers stated this would have been the man’s second year, so he had not seen any profit.
Greg Pelfrey, Barboursville, asked if the Commission closed the airport would the Commission cancel their Public Official’s insurance. Mr. White explained that the Public Official’s Insurance the Commission had, excludes airports and Airport Boards, so if the Commission would decide to honor the lease they would have to purchase additional insurance.
THURSDAY, MARCH 25, 2004
PAGE FOUR
William Clag, Jr., stated he also was an airplane owner at the airport and said if they had a longer lease people would invest more money in building hangers.
David Fenney, Citizen, stated he also was in favor of keeping the airport open.
Sherry Nichols, Citizen, stated she agreed with Commissioner Bailey that it would be best if the Airport Authority Board met and discussed these issues and then the Commission could make an educated decision on the airport. Ms. Nichols further stated the airport was a wonderful facility for the area and it should be enhanced.
Carl Bailey, 203 6th Avenue, stated he understood the cost of insurance but he had spent thirty years flying at Newlon Field and he would hate to see it close. Mr. Bailey said he believed if the land were put out to bid, they would not be able to afford to purchase the property because of the industry in that area. Mr. Bailey asked the Commission if the Tri-State Pilot’s Association would incorporate could the Commission make them a hundred year lease.
Ben Dickens, resident of Lesage, stated he had concerns about what would become of the property if the airport was not there and the Commission should decide to sell the property. Mr. Dickens stated he did not mind the airport being there but he is concerned about what kind of industry may purchase the property.
Dave Henry, Citizen, informed the Commission his father was one of the founders of the airport and he had grown up there and hoped that funding could be found to help with improvements to make it a nice public place.
Scott Bias, Citizen, stated it would be nice if a park could be made at the airport for people to enjoy, even though it would cost the county some money. Mr. Bias further stated he believed it would be a good idea to table this issue until the Airport Board could meet.
Carl Bailey asked if the Airport Board Authority could look into funding from the FFA.
President Cartmill replied yes they could and that the Airport Board Authority should meet to discuss several issues.
#068 LETTER,
CABELL COUNTY COMMISSION
RE: TERMINATION OF LEASE AGREEMENT WITH THE
CABELL COUNTY AIRPORT AUTHORITY
Robert L. Bailey, Commissioner, moved to postpone termination of the lease until such time the Airport Authority Board could meet with the Commission and seek grants for insurance. L. D. Egnor, Commissioner, seconded the motion for discussion purposes only.
THURSDAY, MARCH 25, 2004
PAGE FIVE
Commissioner Egnor questioned where the motion left the Commission in terms of liability.
Debra Johnson, Accordia Insurance Representative, recommended that prior to the meeting of the Airport Authority Board, the Commission purchase insurance to cover the Airport Board Members. Commissioner Bailey asked what would be the cost to purchase insurance on a temporary base. Ms. Johnson stated the Commission could not purchase that kind of insurance temporarily that it must be purchased for a year but it could be cancelled at mid-term with a penalty. The premium would be about $3,500.00 and if left in place for one week, the Commission would pay half of that premium.
L. D. Egnor, Commissioner, asked if this group would organize if they could they receive the property from the Building Commission. Commissioner Egnor stated the Commission had to get out of the property business because they could not afford to be in that business.
William Watson, County Attorney, stated the County Commission could transfer the title of the property to the Cabell County Building Commission. Mr. Watson further stated the Building Commission could sell the property, without going through the bidding process but the Building Commission would have to sell the property at the fair market value.
After much discussion Commissioner Bailey withdrew his previous motion to postpone item #068. Commission Egnor withdrew his seconded.
L. D. Egnor, Commissioner, moved to continue this matter to the meeting one month from now and to purchase the required insurance for coverage and to cancel this insurance, knowing the Commission would be penalized, as soon as possible to save money and to know that thirty days from now the Commission would make a decision to alleviate the responsibility of the Commission. Robert L. Bailey, Commissioner, seconded the motion.
President Cartmill stated she would like to get further information from their insurance representative, Debra Johnson. President Cartmill asked if the Commission was buying a policy to cover the Cabell County Airport Authority and what was the liability for the Commission.
Glenn White, County Manager, stated the insurance would cover the Airport Authority Board, Public Officials and the Lessors Risk.
Debra Johnson, Accordia Representative, stated the Commission did have insurance coverage in place however the catch would have been if the Commission had failed to act on coverage for the Airport Authority Board, the Commissioners would not have been covered due to their failure to procure coverage for the Board. Ms. Johnson further stated the motion that was made to provide insurance to the Airport Board, will now cover the Commission.
President Cartmill called for a vote on the motion and the vote was unanimous.
THURSDAY, MARCH 25, 2004
PAGE SIX
#064 LETTER,
KAREN S. COLE, COUNTY CLERK
RE: PUBLIC TEST OF ELECTION TABULATION SYSTEM
BEFORE AND AFTER THE 2004 PRIMARY
ELECTION
ON MAY 11, 2004
Mary Miller, Voter Registration Supervisor, explained this request was to verify the times for testing of the tabulation equipment. Robert L. Bailey, Commissioner, moved to approve Tuesday, May 4, 2004 at 10:00 a.m. for the first test; Tuesday, May 11, 2004 at 6:00 p.m. for the second test and immediately following the completion of the official tabulation process on election night, with all tests being held in the Vital Statistics Department of the County Clerk’s Office. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#065 LETTER,
KAREN S. COLE, COUNTY CLERK
RE: REQUEST COMMISSIONERS SET A TIME ON FRIDAY,
MAY 14, 2004, TO CONVENE AS A BOARD OF
CANVASSERS TO EXAMINE ALL CHALLENGED
BALLOTS CAST DURING THE 2004
PRIMARY ELECTION
Glenn White, County Manager, stated the letter from County Clerk, Karen Cole, was requesting the Commission set a time to begin the canvass for the Primary Election and was also requesting that the Board of Canvassers convene Friday, May 14, 2004 and then recess that meeting until Monday, May 17th. Mr. White further stated in Ms. Cole’s letter that the recess was necessary due to the amount of work required to begin the canvass and to the anticipated large voter turnout.
Robert L. Bailey, Commissioner, moved to approve setting the time of the canvass for Friday, May 14, 2004 to 10:00 a.m. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#066 IN
THE MATTER OF AN ORDER OF THE CABELL COUNTY
COMMISSION
REGARDING THE APPROVAL OF
OVERTIME
BY THE CABELL COUNTY SHERIFF
Nancy Cartmill, President, stated a copy of this order, dealing with the matter of overtime pay in the office of the Sheriff of Cabell County, was delivered to Sheriff Wolfe on March 24, 2004. Robert L. Bailey, Commissioner, moved to approve the order dealing with overtime in the Sheriff’s Office. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
Michael Woelfel, Attorney representing Sheriff Kim Wolfe, informed the Commission that Sheriff Wolfe had a previous engagement and could not attend the meeting today.
THURSDAY, MARCH 25, 2004
PAGE SEVEN
#067 LETTER,
ROBERT D. CARPENTER, PRESIDENT,
TRI-STATE
FIRE ACADEMY
RE: DONATION OF CABELL COUNTY JAIL EQUIPMENT
TO THE TRI-STATE FIRE ACADEMY
Robert L. Bailey, Commissioner, moved to approve the donation of the jail equipment to the Tri-State Fire Academy. L. D. Egnor, Commissioner, seconded the motion.
Scott Bias, Cabell County resident, stated he believed the county should not be giving away any equipment, since the Regional Jail is eating up the budget, until all possibilities are looked into as to cutting costs. Mr. Bias also stated Judge O’Hanlon had stated that booking equipment had been sent to the Regional Jail.
Commissioner Bailey stated the Fire School was a non-profit organization and does a great job in training the police and fireman and Commissioner Bailey further stated the equipment would bring very little money if it were to be sold.
President Cartmill called for a vote on the motion and the vote was unanimous.
#068 MOVED
TO FRONT OF AGENDA
#069 AMENDMENT
TO ADMINISTRATIVE SERVICE
AGREEMENT
BETWEEN CABELL COUNTY COMMISSION
AND
MOUNTAIN STATE BLUE CROSS AND BLUE SHIELD
Glenn White, County Manager, stated this was an amendment, a technical adjustment, to the agreement with Mountain State Blue Cross and Blue Shield. L. D. Egnor, Commissioner, moved to approve the amendment to the service agreement with Mountain State Blue Cross and Blue Shield. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#070 MEMORANDUM,
PETE MEADOWS, SUPERINTENDENT
OF
BUILDING & GROUNDS
RE: RECOMMENDATION FOR REMOVAL OF FENCING
AROUND JAIL AND RECREATION YARD
Pete Meadows, Superintendent of Buildings and Grounds, informed the Commission that he had received a proposal from the McNeil Fence Company to remove the fence, posts and the razor wire surrounding the old jail, which needed to be removed. Mr. Meadows stated there would be no cost to the county other than to allow McNeil to keep the materials they are removing from the site.
THURSDAY, MARCH 25, 2004
PAGE EIGHT
L. D. Egnor, Commissioner, moved to approve the proposal from McNeil Fence Company. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#071 APPROVAL
OF THE FY 2004-2005 CABELL COUNTY
GENERAL
FUND AND COAL SEVERANCE FUND LEVY
ESTIMATE
(BUDGET)
Robert L. Bailey, Commissioner, moved to approve the 2004-2005 General Fund and Coal Severance Levy Estimate. L. D. Egnor, Commissioner, seconded the motion.
Glenn White, County Manager, informed the Commission that the estimated budget for the General Fund was $14,131,839.00 and the estimated budget for Coal Severance was $80,000.00. Mr. White stated if the Commission approved this budget it would be submitted to the Chief Inspector’s Division of the State Auditor’s Office for approval and the adoption of the budget would take place May 18, 2004. Mr. White also stated he would be sending, as requested by the State Auditor, two levy pages due to the uncertainty of the up-coming excess levy election. Mr. White explained that one levy page would be used if the excess levy failed in the primary election and the other levy page would be used if the excess levy passes.
President Cartmill called for vote on the motion and the
vote was unanimous.
#072 RESOLUTION,
CABELL COUNTY COMMISSION
RE: ADOPTION OF A PROCLAMATION DECLARING
APRIL 2004 AS FAIR HOUSING MONTH IN
CABELL COUNTY
L. D. Egnor, Commissioner, moved to approve adoption of
this proclamation declaring April 2004, as Fair Housing Month in Cabell
County. Robert L. Bailey,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#073 LETTER,
RESOLUTION AND GRANT
CABELL
COUNTY COMMISSION
RE: PROSECUTING ATTORNEY’S OFFICE JUVENILE
ACCOUNTABILITY BLOCK GRANT APPLICATION
(JAIBG)
FY 2004-2005 FOR THE CONTINUED
EMPLOYMENT OF A JUVENILE PROSECUTOR
THURSDAY, MARCH 25, 2004
PAGE NINE
Chris Chiles, Cabell County Prosecutor, stated this was a
continuation of a grant for a Juvenile Prosecutor. Mr. Chiles further stated he had received
word this grant may be cut but until that happened he recommended the
Commission go ahead and approve the grant application in hopes of receiving
funds. Robert L. Bailey, Commissioner, moved
to approve the application to apply for this grant. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(C)
PLACE ON RECORD:
Robert L. Bailey, Commissioner, moved to place on record the minutes of the Greater Kanawha RC& D Board of Director Meeting of February 18, 2004; Huntington-Cabell-Wayne Animal Control Shelter Meeting of January 12, 2004; Pea Ridge Public Service District Regular Meeting of February 9, 2004; Pea Ridge Public Service District Special Meeting of February 20, 2004; Salt Rock Water Public Service District Meeting of January 13, 2004; Salt Rock Water Public Service District Meeting of February 10, 2004 and Tri-State Airport Authority Meeting of January 15, 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
OTHER DOCUMENTATION TO BE RECORDED:
Robert L. Bailey, Commissioner, moved to also place on record the Huntington-Cabell-Wayne Animal Control Shelter Monthly Report of February 2004 and the Bank of New York, Various Accounts, of February 29, 2004. L. D. Egnor, Commissioner seconded the motion and the vote was unanimous.
Nancy Cartmill, President recessed the meeting at 11:55 a.m., until May 18, 2004, at 10:00 a.m.
________________________________________
COUNTY COMMISSION PRESIDENT
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