THURSDAY, MAY 20, 2004
PRESENT: NANCY CARTMILL, PRESIDENT
L. D. EGNOR, COMMISSIONER
ROBERT L. BAILEY, COMMISSIONER
WILLIAM T. WATSON, COUNTY ATTORNEY
GLENN WHITE, COUNTY MANAGER
ABSENT: 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:
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 #6341 X through #6631 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 April 22, 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.
#108 LETTER, ADELL CHANDLER, CIRCUIT CLERK
RE: EMPLOYMENT
Robert L. Bailey, Commissioner, moved to approve the employment of A. Monique Smith for temporary part-time work in the Circuit Clerk’s Office, effective May 21, 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, MAY 20, 2004
PAGE TWO
#109 APPEARING, W. JOSEPH BROSNOSKY, ESQUIRE
RE: IN THE MATTER OF THE GUARDIANSHIP OF MARY
“MOLLIE” FRANCES TAYLOR, A MINOR
W. Joseph Brosnosky, Attorney representing Thomas Wallace Taylor and Mary “Mollie” Frances Taylor, a minor, appeared before the Commission to request a change in guardianship for Mollie Taylor.
Mr. Brosnosky stated that on March 13, 2003 the Commission appointed Joseph Daniel McMullen and Nancy H. McMullin as legal guardians of Mollie Taylor. Mr. Brosnosky further stated that Daniel McMullen and Nancy McMullin now wished to resign their guardianship of Mollie Taylor and requested the Commission appoint Thomas Wallace Taylor as her guardian.
Mr. Brosnosky stated that Thomas Wallace Taylor had agreed to become the legal guardian of Mollie Taylor and that all the parties involved in this petition were in agreement that a change of guardianship would be in her best interest.
William Watson, County Attorney, stated he had reviewed the documents and recommended approval of the order.
Robert L. Bailey, Commission, moved to approve the resignation of Joseph and Nancy McMullen as guardians of Mary “Mollie” Frances Taylor and to approve the appointment of Thomas Wallace Taylor as her guardian. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#110 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF AUTHORIZING CONTINUED
PARTICIPATION BY THE CABELL COUNTY
COMMISSION IN THE CABELL-HUNTINGTON-
WAYNE HOUSING CONSORTIUM AND APPROVING
THE ANNUAL ACTION PLAN FOR THE FISCAL YEAR
2004-2005 HOME PROGRAM
Dawnetta Weekley, Program Director of Huntington Department of Development and Planning, explained the resolution was a continuation of participation in the Cabell-Huntington-Wayne Housing Consortium.
L. D. Egnor, Commissioner, moved to approve the resolution for participation in the housing consortium. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
THURSDAY, MAY 20, 2004
PAGE THREE
#111 RESOLUTION, CABELL COUNTY COMMISSION
RE: IN THE MATTER OF APPROVING THE BUDGET FOR
FISCAL YEAR 2004-2005 FOR THE CABELL-
HUNTINGTON-WAYNE HOME INVESTMENT FUND
Ms. Weekley explained to the Commission the funding for this budget and also gave information on how the budget had been achieved.
Robert L. Bailey, Commissioner, moved to approve the Cabell-Huntington-Wayne Home Investment Trust Fund Budget for 2004-2005. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#112 LETTER, CABELL COUNTY COMMISSION
RE: UNION RIDGE WATERLINE EXTENSION PROJECT
02 SCBG0021X DRAWDOWN REQUEST #11-$116,403.71
Glenn White, County Manager, explained drawdown request #11. Mr. White said the invoices were from Region II Planning and Development, for administrative services, totaling $1,207.17; Terradon Corporation, for engineering services, totaling $5,313.88 and an invoice from Bill Enyart & Sons Contracting, for construction, totaling $109,882.66.
Robert L. Bailey, Commissioner, moved to approve drawdown request #11 for the Union Ridge Waterline Extension Project for $116,403.71. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#113 LETTER AND RESOLUTION, CABELL COUNTY
COMMISSION
RE: GREENBOTTOM COMMUNITY AND SENIOR CENTER,
INC. REQUEST FOR PROJECT AMENDMENT SCOPE
ACTIVITY CHANGE (FORM 2)-REQUEST #1
GRANT # 04-094 PROJECT # 03LEDA0030
Connie Gray, Administrator for Grants, Planning and Permits, informed the Commission this was a request for a change in the use of grant funds. Mrs. Gray stated this did not change the amount of the grant.
Robert L. Bailey, Commissioner, moved to approve the request for a change of scope/activity for the Greenbottom Community and Senior Center. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)
THURSDAY, MAY 20, 2004
PAGE FOUR
#114 LETTERS, CABELL COUNTY COMMISSION
RE: TIME EXTENSION REQUESTS-RENEWAL OF
CONTRACTS
PROJECT #: 03LEDA0000
PROJECT TITLE: OPERATION B.E.S.T. (BUSINESS AND
EDUCATION SUCCEEDING TOGETHER)
PROJECT #: 04CPGP0016
PROJECT TITLE: TRI-STATE FIRE ACADEMY
PROJECT #: 03LEDA0024
PROJECT TITLE: LAND ACQUISITION
PROJECT #: 03LEDA0030
PROJECT TITLE: GREENBOTTOM COMMUNITY AND
SENIOR CENTER, INC.
PROJECT #: 03CPGP1087
PROJECT TITLE: GREENBOTTOM COMMUNITY AND
SENIOR CENTER, INC.
PROJECT #: 02LEDA0026
PROJECT TITLE: SCOTT COMMUNITY CENTER, INC.
PROJECT #: 03CPGP0195
PROJECT TITLE: OHIO RIVER ROAD VOLUNTEER
FIRE DEPARTMENT
Glenn White, County Manager, stated that due to the fiscal year ending, all seven projects were requesting time extensions.
Robert L. Bailey, Commissioner, moved to approve time request extensions for Operation B.E.S.T., Tri-State Fire Academy, Land Acquisition, Greenbottom Community & Senior Center (Project 03LEDA0030), Greenbottom Community & Senior Center (Project 03CPGP1087), Scott Community Center and Ohio River Road Volunteer Fire Department. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#115 LETTER, RESOLUTION AND GRANT CONTRACT
RE: FY 2004 LEGISLATIVE DIGEST LOCAL ECONOMIC
DEVELOPMENT ASSISTANCE GRANT PROGRAM
CONTRACT, OPERATION B.E.S.T. (BUSINESS AND
EDUCATION SUCCEEDING TOGETHER) #04LEDA0029
THURSDAY, MAY 20, 2004
PAGE FIVE
Connie Gray, Administrator for Grants, Planning and Permits, stated this grant would be used for the purchase of a laptop computer, computer software and other equipment and supplies for Operation B.E.S.T.
L. D. Egnor, Commissioner, moved to approve the signing of the Local Economic Development Assistance Grant Program Contract for $4,000.00. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
#116 LETTER, RESOLUTION AND GRANT CONTRACT
RE: FY 2004 LEGISLATIVE DIGEST LOCAL ECONOMIC
DEVELOPMENT ASSISTANCE GRANT PROGRAM
CONTRACT LAND ACQUISITION (YOUTH SPORTS
COMPLEX)
PROJECT #: 04LEDA0026
Mrs. Gray explained this grant would be for the purpose of land acquisition or construction costs for the development of a Youth Sports Complex in Cabell County.
L. D. Egnor, Commissioner, moved to approve the signing of the Local Economic Development Assistance Grant Program Contract for $4,000.00. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
#117 LETTER, RESOLUTION AND GRANT CONTRACT
RE: FY 2004 LEGISLATIVE DIGEST GOVERNOR’S
COMMUNITY PARTNERSHIP GRANT PROGRAM ARTS RESOURCES FOR THE TRI-STATE-$6,000.00
PROJECT#: 04CPGP0015
Mrs. Gray informed the Commission this grant would be used toward the acquisition of property, located at 900 8th Street, by Arts Resources for the Tri-State.
L. D. Egnor, Commissioner, moved to approve the signing of the Governor’s Community Partnership Grant Program for funds in the amount of $6,000.00. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)
#118 GRIEVANCE PROCEDURE FOR COMPLAINTS RELATING
TO SUSPECTED OR ALLEGED DISCRIMINATION ON THE
BASIS OF HANDICAPPED STATUS IN CABELL COUNTY
THURSDAY, MAY 20, 2004
PAGE SIX
Glenn White, County Manager, stated this item came from Region II Planning and Development and in order for the county to qualify for federal funds this procedure must be in place.
Robert L. Bailey, Commissioner, moved to approve the grievance procedure. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#119 RESOLUTION, CABELL COUNTY COMMISSION
RE: ESTABLISHMENT OF REGULAR MEETINGS FOR THE
CABELL COUNTY COMMISSION FROM JULY 1, 2004
THROUGH DECEMBER 31, 2004
L. D. Egnor, Commissioner, moved to approve the establishment of regular meetings for the Cabell County Commission, from July 1, 2004 through December 31, 2004. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)
#120 PLEDGE OF $10,000.00 TO THE TRI-STATE AIRPORT IN
SUPPORT OF A FEDERAL GRANT TO IMPROVE AIR
SERVICE BY ADDING NEW COMAIR/DELTA NON-STOP
JET SERVICE TO CINCINNATI
Glenn White, County, County Manager, stated these funds were a commitment to the Tri-State Airport in the event the airport should receive a Federal Grant.
Robert L. Bailey, Commissioner, asked what fund the $10, 000.00 would come out of, to which Mr. White replied the contingency fund.
L. D. Egnor, Commissioner, moved to approve the pledge of $10,000.00 to the Tri-State Airport. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#121 LETTER, LARRY ELLIS, ARCHITECT
RE: POSSIBLE RELOCATION OF MAGISTRATE COURT
TO 631 4TH AVENUE
Glenn White, County Manager, stated he had contacted Larry Ellis, Architect, who had done a study on the condition of the 4th Avenue building in 1999. Mr. White further stated he had requested a report from Mr. Ellis concerning relocation of the Magistrate Court into that building. Mr. White went on to say that Mr. Ellis, in his letter, stated he was not sure there would be room enough for the Magistrate Courts and a holding facility on the first floor.
Mr. White informed the Commission that Mr. Ellis recommended a feasibility study of the building, which would cost $5,000.00 or Mr. Ellis could be paid an hourly rate.
THURSDAY, MAY 20, 2004
PAGE SEVEN
Robert L. Bailey, Commissioner, stated a holding facility was the main purpose in remodeling that building and the Commission had allotted $350,000.00 for this purpose. Commissioner Bailey further stated he believed there would be matching funds from the State Judicial System to aid in the renovation, if the Magistrate Courts were moved to that location.
Robert L. Bailey, Commissioner, moved to approve spending $5,000.00 to Larry Ellis for a feasibility study on the 4th Avenue building.
L. D. Egnor, Commissioner, stated he believed if the study were approved, it would be spending any assets the Commission had on a temporary fix.
Commissioner Bailey stated he believed the building had been purchased in order to make a Judicial Annex and that money had been placed in an account for that purpose.
Commissioner Egnor stated the Commission did not have the funds to remodel the building nor did they have the funds to tear down the building in order to construct an up-to-date complex. Commissioner Egnor further stated the Commission needed to find a way to build a holding facility in the Courthouse until they have funds to improve the situation.
Commissioner Bailey stated they had looked all over the Courthouse and no one believed they could afford to give up the needed space for a holding facility.
Nancy Cartmill, President, seconded Commissioner Bailey’s motion to spend $5,000.00 for a study and the vote was as follows:
Nancy Cartmill, President aye
L. D. Egnor, Commissioner nay
Robert L. Bailey, Commissioner aye
#122 RESOLUTION & DEED, CABELL COUNTY COMMISSION
TO WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
RE: CONVEYING A PORTION OF PARCEL #41
COMMONLY KNOWN AS CABELL HUNTINGTON
HEALTH DEPARTMENT, TO THE WEST VIRGINIA
DEPARTMENT OF TRANSPORTATION, DIVISION OF
SAID PARCEL CONSISTING OF FOUR
NON-CONTROLLED ACCESS RIGHTS-OF-WAY AND A
TEMPORARY CONSTRUCTION EASEMENT
PAGE EIGHT
William Watson, County Attorney, stated this concerned property owned by the county that houses the Health Department on 16th Street. Mr. Watson went on to say that when the widening project was completed on 16th Street, a portion of the county’s frontage was taken.
Mr. Watson stated he had reviewed the documentation and he believed the value of the square foot to be the proper price, therefore, he would recommend the Commission execute the deed.
L. D. Egnor, Commissioner, moved to execute the deed for a portion of parcel #41 to the West Virginia Department of Transportation, Division of Highways. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)
#123 RESOLUTION, GENERAL FUND COUNTY BUDGET
REVISION #4
Glenn White, County Manager, stated that after he had completed County Budget Revision #4 with the understanding that the Sheriff was ready to move forward with the necessary revisions to various lines in law enforcement (700) and the jail/holding facility (703), Chief Deputy Jim Schiedler informed him that Sheriff Wolfe had requested a different budget revision. Mr. White further stated the budget revision Sheriff Wolfe requested would need approval from the State Auditor’s Office and he was uneasy in moving forward with this revision without the Sheriff’s consent.
Mr. White said that Sheriff Wolfe’s line-items in departments #700 and #703 could be removed and the other items in the revision could be approved.
L. D. Egnor, Commissioner, moved to approve General Fund County Budget Revision #4 excluding line-items in departments #700 and #703. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)
#124 MEMORANDUM, GLENN A. WHITE, COUNTY MANAGER
RE: EXPENDITURE PLAN/HOMELAND SECURITY GRANT
Glenn White, County Manager, informed the Commission the Homeland Security Grant Committee had met and discussed the best way to spend the $336,930.00 funding that was awarded to Cabell County. Mr. White gave the Commission a list for consideration on items to be purchased.
Mr. White also reported that $50,000.00 had been allocated for the position of a Planner and it appeared it would be for a two-year period. Mr. White stated that since this was not an adequate amount to fund this position and of the inability of the county to underwrite a large portion of this cost, the recommendation would be to structure a spending plan that would consume the $50,000.00 allocation in a one-year period.
THURSDAY, MAY 20, 2004
PAGE NINE
Mr. White stated what happened after that would depend upon whether grant funding for this position was made available and Mr. White further stated there was a possibility the county would receive additional funding next year.
Robert L. Bailey, Commissioner, moved to approve the recommended expenditures for the Homeland Security Grant outlined by the Committee. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
PLACE ON RECORD:
Robert L. Bailey, Commissioner, moved to place on record the minutes from the Greater Kanawha RC & D Board of Directors Meeting, April 21, 2004; Pea Ridge Public Service District, Regular Meeting, April 12, 2004, Pea Ridge Public Service District, Special Meeting, April 23, 2004; Salt Rock Public Service District, Regular Meeting, April 13, 2004 and also to approve other documentation to be recorded for the Cabell Huntington Health Department, Monthly Report, Clinic, January, 2004, Cabell Huntington Health Department, Environmental Health Combined Narrative, February, 2004, Cabell Huntington Health Department, Environmental Health Combined Narrative, March, 2004; Huntington-Cabell—Wayne Animal Control Shelter, Monthly Report, April 2004 and The Bank of New York, Various Trust Accounts, April 30, 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, informed the Commission that CCCSO had voted to name the new Senior Center, located in the Fairfield West area, the “Marie Redd Senior Center”.
Nancy Cartmill, President, adjourned the meeting at 11:30 a.m., until the next regular scheduled meeting on June 3, 2004 at 10:00 a.m.
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PRESIDENT, COUNTY COMMISSION
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