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.
Glenn White, County Manager, informed the Commission that an item of some emergency had occurred and the Commission would need to consider amending the agenda. Mr. White stated that Sheriff Wolfe had notified him that Edward Haun had declined the position of Cabell County Alternative Officer. Mr. White further stated the Sheriff had sent a letter requesting that Timothy Chastain be placed on the agenda for consideration for that position instead of Mr. Haun.
Nancy Cartmill, Commissioner, moved to amend the agenda by removing Edward Haun’s name and replacing it with the name of Timothy Chastain for the position of Cabell County Alternative Officer. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
President Bailey called for a vote on approving the agenda as amended and the vote was unanimous.
W. Scott Bias, Commissioner, moved to approve purchase orders #3490 Y through #3890 and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the minutes of the October 21, 2004, Public Hearing on the Proposed E-911 Tariff Fee Increase, the minutes of the December 21, 2004, Public Hearing on the Proposed Financing to Purchase Equipment for St. Mary’s Medical Center, Inc., minutes for the December 30, 2004, regular Commission meeting, January 6, 2005, regular Commission meeting, January 11, 2005, Special Commission Meeting, erroneous assessments, land consolidations, split tickets and probate documentation. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, 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. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
MOVED UNTIL LATER IN THE AGENDA
“PUBLIC HEARING”
ON THE PROPOSED ISSUANCE OF
COMMERCIAL
DEVELOPMENT REVENUE BONDS TO
ASSIST IN THE
ACQUISITION, CONSTRUCTION AND
EQUIPMENT OF A
NEW
HOSPICE FACILITY FOR HOSPICE OF
HUNTINGTON,
INC.
Robert L. Bailey, President, stated the public hearing was for discussion on the proposed issuance of commercial development revenue bonds for the new Hospice facility.
President Bailey asked if there was anyone in the audience who wished to speak for or against the issuance of commercial development revenue bonds.
President Bailey stated that since no one was present to speak, the public hearing was closed.
#016 ADOPTION
OF BOND AUTHORIZING RESOLUTION
HOSPICE
OF HUNTINGTON, INC.
Nancy Cartmill, Commissioner, moved to approve the adoption
of the resolution authorizing the issuance of commercial revenue bonds to
assist in the acquisition, construction and equipping of a new Hospice Facility
for Hospice of Huntington, Inc. W.
Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
#017 LETTER,
CABELL COUNTY COMMISSION
RE: SUPPORTING HOSPICE, INC REQUEST FOR
MATCHING FUNDS FROM SENATOR ROBERT C.
BYRD AND THE U.S. SENATE
APPROPRIATIONS
COMMITTEE
Nancy Cartmill, Commissioner, moved to approve sending a letter to Senator Robert C. Byrd requesting matching funds for Hospice of Huntington. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JANUARY 27, 2005
PAGE THREE
“PUBLIC HEARING”
CLOSING
A PORTION OF A ROADWAY KNOWN AS
MARY
L. COURT, GUYANDOTTE DISTRICT, CABELL
COUNTY,
WEST VIRGINIA
Paul Ryker, Attorney for River Cities Community Church, appeared before the Commission requesting a portion of roadway, known as Mary L. Court, be closed. Mr. Ryker stated there was no opposition to the closing of the roadway and presented the Commission with sworn affidavits of property owners whose properties were adjacent to the roadway.
Larry Greene, Pastor of the River Cities Community Church, asked that the Commission consider closing the roadway due to safety concerns for the children who participate in the different activities at the church.
Nancy Cartmill, Commissioner, stated she did not oppose the closing of the roadway, however, she did not believe the Commission had the authority to close a roadway that was in use.
William Watson, County Attorney, stated he had researched this issue and found that the roadway was not in the orphan road system nor was the road maintained by the Department of Highways. Mr. Watson further stated he believed this was a matter of interpretation on how the statue reads. Mr. Watson said the statue stated any road shall be considered public if public funds and labor were used for that road, which was not the case with Mary L. Court since church members had paved the road. Mr. Watson also said if there was no opposition to closing the road and the road was primarily used by the homeowners and the church, he believed the Commission could go forward and close the roadway.
President Bailey stated if anyone was unhappy with the Commission’s decision they had the recourse to take it to Circuit Court.
W. Scott Bias, Commissioner, moved to approve the closing of a roadway known as Mary L. Court. Robert L. Bailey, President, seconded the motion and the vote was as followed:
Robert
L. Bailey, President, aye
Nancy
Cartmill, Commissioner, nay
W.
Scott Bias, Commissioner aye
THURSDAY, JANUARY 27, 2005
PAGE FOUR
APPEARING THE
HONORABLE DAN O’HANLON, CIRCUIT JUDGE
Dan O’Hanlon, Circuit Court Judge, informed the Commission he had been appointed by Chief Judge Cummings as the liaison to the Commission. Judge O’Hanlon stated he and the other judges would be glad to discuss with the Commission any problems concerning the regional jail. Judge O’Hanlon further stated the judges were very interested in doing everything possible to lessen the cost to the county and suggested several ideas that could help. Judge O’Hanlon also requested a fourth courtroom be placed in future planning.
“OPEN BIDS” ONE
(1) 2005 FORD E450 SUPER DUTY COMMERCIAL
STRIP
CHASSIS VEHICLE (OR EQUAL) WITH DUAL
REAR
WHEELS FOR THE CABELL COUNTY SHERIFF’S
DEPARTMENT
SPECIAL OPERATIONS UNIT
Glenn White, County Manager, asked if anyone in the audience had a bid to present to the Commission and no bids were presented.
Glenn White, County Manager, informed the Commission that one bid of $126,048.00 had been received, for the Ford E450 vehicle, from Sirchie in Medford, New Jersey. Mr. White suggested the Commission take this under advisement until the bid could be reviewed to make sure it met the required specification.
W. Scott Bias, Commissioner, moved to take the bid on the Ford E450 under advisement. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
“OPEN BIDS” ONE
(1) IBM E-SERVER I-SERIES I5 MODEL 9406-520
AND
MIGRATION SERVICES CABELL COUNTY
EMERGENCY
RESPONSE CENTER
Glenn White, County Manager, asked if anyone had a bid to submit and no bids were presented.
Mr. White stated only one bid had been received from HTE Var, Atlanta, Georgia, for $50,630.00. Mr. White recommended taking the bid under advertisement.
W. Scott Bias, Commissioner, moved to take the bid for an IBM E-Server under advisement. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
“OPEN BIDS” TWELVE
(12) SETS OF HANDHELD PORTABLE RADIOS
AND
ONE (1) MULTI-PORT CHARGER FOR THE CABELL
COUNTY
SHERIFF’S DEPARTMENT
Glenn White, County Manager, asked if anyone in the audience had a bid to present to the Commission and no bids were presented.
THURSDAY, JANUARY 27, 2005
PAGE FIVE
Mr. White reported two bids had been received for the portable radios. Mr. White stated the first bid was from Communications, Inc., Charleston, West Virginia, who submitted two different models with additional options and Mr. White was unable to get the exact total of the bid without talking to the vender. Mr. White said the second bid was from F & L Electrons, Huntington, West Virginia, with additional options also.
W. Scott Bias, Commissioner, moved to take the bid for radios under advisement. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
“OPEN BIDS” SIX
(6) SETS OF NIGHT VISION GOGGLES FOR THE
CABELL
COUNTY SHERIFF’S DEPARTMENT
Glenn White, County Manager, asked if anyone had a bid to submit to the Commission and no bids were presented.
Mr. White stated one bid had been received on the night goggles from Tactnical Survivor, Inc. from Harrisburg, Virginia, for $22,279.83 for six sets of goggles.
W. Scott Bias, Commissioner, moved to take the bid for the night goggles under advisement. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Mr. White informed the Commission that all of the equipment, except the IBM Computer, would be purchased from Homeland Security Grant Funds.
#018 RESOLUTION,
CABELL COUNTY COMMISSION
RE: RELEASE OF COLLATERAL BONDS BY CITY
NATIONAL BANK
Nancy Cartmill, Commissioner, moved to approve the
release of collateral bonds by City National Bank. W. Scott Bias, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(B)
#019 LETTER,
KIM WOLFE, SHERIFF
RE: EMPLOYMENT
W. Scott Bias, Commissioner, moved to approve the employment of Timothy S. Chastain, as an Interim Replacement Officer for the Cabell County Alternative Sentencing Program, effective February 1, 2005, with a rate of pay of $20,000.00 per year. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JANUARY 27, 2005
PAGE SIX
#020 APPEARING,
MICHAEL PAESANI, ESQUIRE
RE: NOTICE OF HEARING AND AMENDED PETITION
TO RESIGN AS ADMINISTRATOR AND
PETITION
TO APPOINT ADMINISTRATOR ESTATE OF
MINNIE MAE HINCHMAN
Michael Paesani, Attorney, appeared before the Commission requesting that Jay Hatcher, Administrator of the estate of Minnie Mae Hinchman, be removed and that Michael Paesani and Paesani & Keaton, P.L.L.C. be relieved of their duty as counsel to any future Administrator of the estate of Minnie Mae Hinchman. Mr. Paesani requested that the Sheriff of Cabell County be appointed Administrator of Mrs. Hinchman’s estate.
William Watson, County Attorney, stated he had reviewed the petition and all of the named heirs had declined to serve, therefore, the only recourse would be to appoint the Sheriff as the Administrator and he would recommend the Commission allow the petition to be filed.
Nancy Cartmill, Commissioner, moved to approve an order removing Jay Hatcher as Administrator of the estate of Minnie Mae Hinchman, to remove Michael Paesani as counsel and to appoint the Sheriff of Cabell County as the Administrator of the estate of Minnie Mae Hinchman. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#021 MOUNTAIN
STATE BLUE CROSS BLUE SHIELD 2005
RENEWAL
RE: THIRD PARTY ADMINISTRATOR SPECIFIC
STOP LOSS COVERAGE
Glenn White, County Manager, explained the Mountain State Blue Cross Blue Shield renewal which takes effect February 1, 2005. Mr. White went over the renewal rates and told the Commission there was a modify drug plan that was offered with this renewal.
W. Scott Bias, Commissioner, moved to approve the
renewal with Mountain State Blue Cross Blue Shield for 2005. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous
THURSDAY, JANUARY 27, 2005
PAGE SEVEN
#022 RESOLUTION,
CABELL COUNTY COMMISSION
RE: RECLASSIFICATION
Nancy Cartmill, Commissioner, moved to approve the
reclassification of Richard L. Wiseman, as a full time paramedic, effective
January 28, 2005, with a rate of pay of
$7.11 per hour. W, Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#023 LETTER,
RESOLUTION AND GRANT CONTRACT
RE: LEDA ASSISTANCE GRANT PROGRAM FY 2005
LEGISLATIVE DIGEST GRANT TRI-STATE
FIRE
ACADEMY-$40,000.00 PROJECT #05 LEDA
0334
Connie Gray, Administrator for Grants, Permits and Planning, stated the grant would be used for a parking lot expansion, erection of signs and traffic control devices and the placement of a traffic barrier adjacent to the Fire Academy property.
W. Scott Bias, Commissioner, moved to approve the
grant, in the amount of $40,000.00, for the Tri-State Fire Academy. Nancy Cartmill, Commissioner, seconded
the motion and the vote was unanimous. Exhibit
(C)
#024 RESOLUTION,
CABELL COUNTY COMMISSION
RE: REAPPOINTMENT
Nancy Cartmill, Commissioner, moved to reappoint John
Sears to the Deputy Sheriff’s Civil Service Commission, for a term beginning
February 1, 2005 and ending January 31, 2009.
Nancy Cartmill, Commissioner, seconded the motion and the vote was
unanimous. Exhibit (D)
#025 RESOLUTION,
CABELL COUNTY COMMISSION
RE: APPOINTMENTS
Robert L. Bailey, President, moved to approve the
appointments to the Cabell County Commission on Crime, Delinquency and
Corrections of W. Scott Bias, for a term beginning January 1, 2005 and ending
December 31, 2010; W. Wendell Adkins, for a term beginning immediately and
ending December 31, 2010; Michael A. Clark, for a term beginning immediately
and ending December 31, 2010. W.
Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
THURSDAY, JANUARY 27, 2005
PAGE EIGHT
#026 RESOLUTION,
CABELL COUNTY COMMISSION
RE: APPOINTMENT
Nancy Cartmill, Commissioner, moved to approve the
appointment of W. Scott Bias to the Board of Directors of the Huntington Area
Development Council, for a term beginning immediately and ending December 31,
2010. Robert L. Bailey, President,
seconded the motion and the vote was unanimous.
Exhibit (F)
#027 RESOLUTION,
CABELL COUNTY COMMISSION
RE: APPOINTMENT
Nancy Cartmill, Commissioner, moved to the appointment
of W. Scott Bias to the Local Elected Officials’ Board of the Region 2
Workforce Investment Board, for a term beginning immediately and ending
December 31, 2010. Robert L. Bailey,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)
#028 LETTER,
CABELL COUNTY COMMISSION
RE: GLENBRIER APARTMENTS
Glenn White, County Manager, explained this letter stated the Commission had no opposition on the renovation of the Glenbrier Apartments using the Low-Income Housing Tax Credit Program.
Nancy Cartmill, Commissioner, moved to send a letter to Yorel Development stating that the Cabell County Commission had no opposition to the project. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#029 LETTER,
CABELL COUNTY COMMISSION
RE: ISSUANCE OF DUPLICATE CERTIFICATE FOR
PROPERTY PURCHASED AT THE 2004 TAX
SALE
FOR THE 2003 TAX YEAR BY ARCH T. KELLER
Nancy Cartmill, Commissioner, moved to approve the issuance of a duplicate certificate of sale for the property purchased at the 2004 tax sale by Arch T. Keller. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JANUARY 27, 2005
PAGE NINE
#30 LETTER,
CABELL COUNTY COMMISSION
RE: REQUEST AN OPINION FROM DEPUTY STATE
HISTORIC PRESERVATION OFFICER
REGARDING
THE DEMOLITION OF THE CABELL COUNTY
JAIL
Glenn White, County Manager, stated since the Commission had been discussing placing the new E-911 Center at the present site of the old jail, this letter would be a request for a written opinion in regard to the historic significance of the Cabell County Jail and the ramifications, if any, of demolishing the jail.
Nancy Cartmill, Commissioner, moved to approve sending a letter to the Deputy State Historic Preservation Officer requesting a written opinion on the possible demolition of the jail. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#031 RESOLUTION,
CABELL COUNTY COMMISSION
RE: AUTHORIZE THE PRESIDENT OF THE CABELL
COUNTY COMMISSION TO SIGN A POWER OF
ATTORNEY ALLOWING SCOTTSDALE INDEMNITY
COMPANY TO SETTLE THE PROPERTY DAMAGE
CLAIM FOR A DAMAGED 2004 FORD CROWN
VICTORIA POLICE INTERCEPTOR
Glenn White, County Manager, stated this Crown Victoria
had been damaged in an automobile crash and was determined a total loss by the county’s
insurance carrier, Scottsdale Indemnity Company. Mr. White further stated Scottsdale had
offered to settle the claim and allow the county to retain the vehicle as
salvage, however, in order for the county to receive the insurance money, the
county must execute a Power of Attorney giving Scottsdale the authority to
settle the claim.
W. Scott Bias, Commissioner, moved approval to
authorize the President of the County Commission to sign a Power of Attorney
allowing Scottsdale Indemnity Company to settle the property damage for said
vehicle. Nancy Cartmill,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)
#032 NOMINATION
AND ELECTION OF PRESIDENT PRO TEM
OF
COUNTY COMMISSION FOR THE YEAR 2005
Robert L. Bailey, President, moved to nominate W. Scott Bias as President Pro tem of the County Commission for 2005. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, JANUARY 27, 2005
PAGE TEN
#033 RESOLUTION,
GENERAL FUND STATE BUDGET
REVISION
#9, FY 2004-2005
W. Scott Bias, Commissioner, moved to approve General
Fund State Revision #9 for 2004-2005. Nancy
Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)
#034 RESOLUTION,
ALTERNATIVE SENTENCING PROGRAMS,
BUDGET
REVISION #1 FY 2004-2005
Nancy Cartmill, Commissioner, moved to approve
Alternative Sentencing Programs Budget Revision #1 for 2004-2005. W. Scott Bias, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(J)
PLACE ON RECORD
W. Scott Bias, Commissioner, moved to place on record the minutes of the Culloden Public Service District, Regular Meeting, November 17, 2004, Culloden Public Service District, Special Meeting, November 24, 2004, Culloden Public Service District, Special Meeting, November 29, 2004, Culloden Public Service District, Special Meeting, December 9, 2004, Culloden Public Service District, Regular Meeting, December 15, 2004; Pea Ridge Public Service District, Regular Meeting, November 8, 2004, Pea Ridge Public Service District, Special Meeting, November 12, 2004, Pea Ridge Public Service District, Special Meeting, December 3, 2004, Pea Ridge Public Service District, Regular Meeting, December 13, 2004; Greater Kanawha RC&D, Board of Director’s Meeting, December 15, 2004; Salt Rock Water Public Service District, Regular Meeting, December 7, 2004; Tri-State Airport Authority, Regular Meeting, November 18, 2004 and OTHER DOCUMENTATION TO BE RECORDED: Huntington-Cabell-Wayne Animal Control Shelter, Monthly Report, December, 2004 and The Bank of New York, Various Trust Account Information, December 31, 2004. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Jerry MacDonald, HADCO, appeared before the Commission to give an update on projects and to thank the Commission for their effort with Applied Card Systems.
W. Scott Bias, Commissioner, moved to approve a special meeting to interview for the position at the 4-H Camp, on Tuesday, February 1, 2005 at 1:00 p.m. Robert L. Bailey, President, seconded the motion and the vote was unanimous.
THURSDAY, JANUARY 27, 2005
PAGE ELEVEN
Robert L. Bailey, President, adjourned the meeting at 11:40 a.m., until the next regular scheduled meeting Thursday, February 24, 2005 at 10:00 a.m.
____________________________________
PRESIDENT,
COUNTY COMMISSION
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