COMMISSION MEETING

THURSDAY, APRIL 21, 2005

 

PRESENT:                 ROBERT L. BAILEY, PRESIDENT

                                    NANCY CARTMILL, COMMISSIONER

                                    W. SCOTT BIAS, COMMISSIONER

                                    WILLIAM T. WATSON, COUNTY ATTORNEY

                                    GLENN WHITE, COUNTY MANAGER

                                    SHARON ROSS, ASSISTANT COUNTY MANAGER

                                    FOR BILLABLES AND PAYABLES

 

Robert L. Bailey, President, called the regular scheduled meeting of the Cabell County Commission to order at 10:00 a.m.

 

APPROVE: 

 

Nancy Cartmill, Commissioner, moved to approve the agenda as presented.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, Commissioner, moved to approve purchase orders #5141 Y through #5445 Y and pay jackets.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, moved to approve the minutes of the March 2, 2005, special Commission meeting, the March 8, 2005, special Commission meeting, the March 24, 2005, regular Commission meeting, erroneous assessments, land consolidations, split tickets and probate documentation.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.

 

W. Scott Bias, 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.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#122                            PROCLAMATION, CABELL COUNTY COMMISSION

 

                                    RE:  HONORING THE HUNTINGTON HIGH SCHOOL 

         GIRL’S SOCCER TEAM FOR WINING THE 2005 GIRLS’

                                             STATE SOCCER CHAMPIONSHIP AND DECLARING

                                             APRIL 21, 2005, AS “LADY HIGHLANDER DAY” IN

                                             CABELL COUNTY, WEST VIRGINIA

 

W. Scott Bias, Commissioner, moved to adopt the proclamation proclaiming April 21, 2005 as “Lady Highlanders Day”.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A) 

 

 

 

 

THURSDAY, APRIL 21, 2005

PAGE TWO

 

Item #130 was moved to the front of the agenda.

 

#130                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  ADOPTION OF A RESOLUTION TO ALLOCATE

                                             CABELL COUNTY HOTEL OCCUPANCY TAX FUNDS

                                             TO RIVER CITIES HARLEY OWNERS GROUP

 

Glenn White, County Manager, informed the Commission this was a request from the River Cities Harley Owners Group (HOG), for $1500.00 from the Hotel Occupancy Tax Funds to defray the cost of hosting the 2005 Posse Ride.

 

Robert L. Bailey, President, asked how many riders were expected to be involved in this event.

 

Benjy Steele, owner of Benjy’s Harley Davidson, stated he believed approximately 1000 to 1200 motorcycles would be in downtown Huntington for this event, which would be an economical impact for the city.

 

Nancy Cartmill, Commissioner, asked Glenn White, County Manager, if funds were available.

 

Mr. White replied there was funds available since the Hotel Occupancy Tax Funds received were more then had been anticipated.

 

Nancy Cartmill, Commissioner, stated the Commission had in place a process where in May of each year, non-profit organizations could apply for the occupancy tax money and then in July the Commission approved those requests.  Commissioner Cartmill further stated that during last year’s process some organizations were turned down and funding for some groups were cut because of a lack of funding, and she believed it would be unfair to approve those requests that come in after the May deadline.

 

Commissioner Cartmill went on to say she was also concerned because a private company was sponsoring the ride.

 

W. Scott Bias, Commissioner, stated that the River Cities HOG, the sponsor for the ride, was a non-profit group.

 

W. Scott Bias, Commissioner, moved to allocate $1500.00, from the Hotel Occupancy Tax Funds, to the River Cities Harley Owners Group.  Robert L. Bailey, President, seconded the motion and the vote was as follows:  Exhibit (G)          

 

                                                                        Robert L. Bailey, President              aye

                                                                        Nancy Cartmill, Commissioner         nay

                                                                        W. Scott Bias, Commissioner            aye

 

THURSDAY, APRIL 21, 2005

PAGE THREE

 

#123                            RESOLUTIONS, CABELL COMMISSION

 

                                    RE:  PRECINCT LOCATION CHANGE-PRECINCT 17

                                             PRECINCT LOCATION CHANGE-PRECINCT 56

 

Nancy Cartmill, Commissioner, moved to approve the temporary location change of Precinct 17, from Spring Hill Elementary School to Meadows Elementary School, and the permanent location change of Precinct 56, from Green Acres Regional Center to Greenbottom Community & Senior Center.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)

 

 

#124                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE RELEASE OF COLLATERAL

                                             BONDS BY FIRST STATE BANK

 

Nancy Cartmill, Commissioner, moved to approve the release of collateral bonds by First State Bank.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (C)

 

#125                            LETTER, KIM WOLFE, SHERIFF

 

                                    RE:  EMPLOYMENT

 

W. Scott Bias, Commissioner, moved to approve the employment of Veronica K. Berry as a full-time utility/clerk/cashier in the Cabell County Sheriff’s Tax Department, effective April 25, 2005, at a rate of pay of $16,960.00 per year.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#126                                        APPEARING, JAMES G. GRALEY, ESQUIRE

 

                                                RE:  PETITION IN THE ESTATE OF ELIZABETH

                                                         LAVERNE DELAHAYE

 

James Graley, Attorney for Elaine Irene Swann, appeared before the Commission to request that an order be approved to admit a copy of the will of Elizabeth Laverne Delahaye for probate. 

 

Mr. Graley stated that Ms. Delahaye executed and filed her will on April 28, 2002, which was duly witnessed by several witnesses.  Mr. Graley further stated that sometime after the execution of said will, but before the death of Ms. Delahaye, the will was accidentally discarded or misplaced.  Mr. Graley went on to say the will was never revoked or modified by Ms. Delahaye.

 

THURSDAY, APRIL 21, 2005

PAGE FOUR

 

Mr. Graley said that the only person interested in Ms. Delahaye’s will was the petitioner Elaine Irene Swann, who was Ms. Delahaye’s sister.

 

William T. Watson, County Attorney, stated he had reviewed the petition and found everything to be in order and would recommend allowing a copy of the will be filed for probate.

 

W. Scott Bias, Commissioner, moved to approve the order to allow a copy of the will of Elizabeth Laverne Delahay to be filed for probate.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

#127                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF MODIFYING THE SICK LEAVE

                                             SECTION OF THE CABELL COUNTY COMMISSION’S

                                             EMPLOYEE HANDBOOK RELATIVE TO THE

                                             TRANSFER OF UNUSED SICK LEAVE TO THE

                                             COUNTY FROM CERTAIN PREVIOUS PUBLIC

                                             EMPLOYERS 

 

Glenn White, County Manager, stated that this modification dealt with the transfer of unused accrued sick leave from certain previous public employers.

 

Mr. White went on to say this modification would be sent to the West Virginia Consolidated Retirement Board for review, and if so approved, would be placed in the Commission’s Handbook and the office holders could then place the revision in their own policies.

 

Mr. White requested the addition to the Commission’s policy be a part of the record:      “Pursuant to §162-8-4.1 Public Employees Retirement System Service Credit for Accrued Unused Sick and Annual Leave, employees will be permitted to transfer to the County, any unused accrued sick leave that stands to the employee’s credit with the employee’s last employer prior to employment with the county.  Said previous employer must be a participating public employer in the WV Public Employees Retirement System (PERS) and must provide certification to the county of the employee’s unused accrued sick leave at the time of separation.  All transferred accrued sick leave will be credited to employee as accumulated sick leave to be utilized by the employee only for purposes of applying for additional service credit to be used for retirement purposes with PERS.”

 

Nancy Cartmill, Commissioner, stated if she understood this correctly the additional service credit would only be used for retirement purposes and could not be used towards the employee’s insurance and if that would be the case, this would benefit only a few employees.

 

Mr. White stated that she was correct and the idea was not to have a financial impact on the county.

 

THURSDAY, APRIL 21, 2005

PAGE FIVE

 

W. Scott Bias, Commission, moved to approve the modified sick leave section of the Cabell County Commission’s Employee Handbook relative to the transfer of unused sick leave from previous public employers contingent upon obtaining approval from the West Virginia Public Employees Retirement System.  Robert L. Bailey, President, seconded the motion and the vote was as follows:  Exhibit (D)

 

                                                            Robert L. Bailey, President              aye

                                                            Nancy Cartmill, Commissioner         nay

                                                            W. Scott Bias, Commissioner            aye

 

#128                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF ESTABLISHING COBRA RATES

                                             AND PERCENTAGES TO BE CONTRIBUTED BY

                                             INDIVIDUALS ELECTING MEDICAL AND

                                             PRESCRIPTION COVERAGE  

 

Glenn White, County Manager, stated this resolution established the COBRA rates and the amount each employee would pay as their portion for health insurance.  Mr. White further stated that this resolution also placed a moratorium on deductions for coverage by employees after the initial 12 months of coverage for the period of July 1, 2005 through June 30, 2006.

 

W. Scott Bias, Commissioner, moved to approve the COBRA rates and percentages to be contributed by individuals electing medical and prescription coverages.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (E)

 

#129                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF AUTHORIZING THE PURCHASE

                                            OF A 5-CAMERA DIRECT-LINK CRISIS RESPONSE

                                            THROW PHONE SYSTEM FROM ENFORCEMENT

                                            TECHNOLOGY GROUP, INC., (ETGI) AS A SOLE

                                            SOURCE PROVIDER 

 

Glenn White, County Manager, stated the funds for the purchase of this equipment would come out the Homeland Security Grant.  Mr. White further stated that only one vendor was capable of providing one piece of the equipment.  Mr. White stated he had contacted the State Auditor concerning this issue and the auditor had sent a letter stating they would not take exception regarding the one vendor issue.

 

W. Scott Bias, Commissioner, moved to approve the purchase of a 5-camera direct-link crisis response throw phone system, in the amount of $23,499.99, from the Homeland Security Grant.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (F)

 

 

 

THURSDAY, APRIL 21, 2005

PAGE SIX

 

#130                            MOVED TO FRONT OF AGENDA

 

#131                            COMMERCIAL PREMIUM FINANCE AGREEMENT WITH

                                    AFCO CREDIT CORPORATION

 

Glenn White, County Manager, stated this was a follow up to the agreement to purchase insurance with Scottsdale, which would permit the Commission to make premium payments through the AFCO Credit Corporation.

 

Nancy Cartmill, Commissioner, moved to approve the agreement with AFCO Credit Corporation.  W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. 

 

#132                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE:  IN THE MATTER OF THE ESTABLISHMENT OF

                                             REGULAR MEETINGS FROM JULY 1, 2005 THROUGH

                                             DECEMBER 31, 2005    

 

W. Scott Bias, Commissioner, moved to approve the establishment of regular meeting dates of the County Commission from July 1, 2005 through December 31, 2005.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (H)

 

PLACE ON RECORD:

 

W. Scott Bias, Commissioner, moved to place on record the minutes from the Cabell-Huntington Convention & Visitors Bureau, Board of Directors Meeting, January 25, 2005; Pea Ridge Public Service District, Regular Board Meeting, March 14, 2005; Tri-State Airport Authority, Annual Meeting, February 17, 2005 and OTHER DOCUMENTATION TO BE RECORDED: Culloden Public Service District Sewer System, Financial Statement with Additional Information, Year Ended June 30, 2004; Cabell Huntington Health Department, Monthly Report-Clinic, January, 2005; Cabell Huntington Health Department, Flu Clinics 2004-2005; Cabell Huntington Health Department, Environmental Health, Combined Narrative, February 2005; Huntington-Cabell-Wayne Animal Control, Monthly Report, March, 2005; Letter, Paul D. Maddox, Jr., Commissioner, West Virginia Division of Highways and the Bank of New York, Various Account, March 31, 2005.  Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.

 

Nancy Cartmill, Commissioner, informed the Commission that since the Commission had hired the new directors for the 4-H Camp, she had received nice comments from the public.

 

President Bailey thanked Chris Tatum, Assistant County Manager for Personnel and Purchasing, for the great job he has been doing over-seeing the work at the 4-H Camp.

 

THURSDAY, APRIL 21, 2005

PAGE SEVEN

 

W. Scott Bias, Commission, stated he had sent a letter to Governor Joe Manchin requesting money to air-condition the main hall and the kitchen area at the 4-H Camp.

 

Robert L. Bailey, President, adjourned the meeting at 11:00 a.m., until the next regular scheduled meeting at May 5, 2005, at 10:00 a.m.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            ________________________________________

                                                                PRESIDENT, COUNTY COMMISSION 

 

 

 

 

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