THURSDAY, MARCH 10, 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
FORE 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 #4373 Y through #4610 Y and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
W. Scott Bias, Commissioner, moved to approve the minutes from the February 24, 2005 regular Commission meeting, erroneous assessments, land consolidation, split tickets and probate documentation. Nancy Cartmill, 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 and Medical life, 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.
#072 APPEARING, KATHY ELLIOTT, REGION II PLANNING
AND DEVELOPMENT COUNCIL
RE: RESOLUTION, CABELL COUNTY COMMISSION
AUTHORIZING THE FILING OF AN APPLICATION
FOR SMALL CITIES BLOCK GRANT PROGRAM
FUNDS FOR THE CABELL COUNTY COMMISSION
FY 2005 WATER LINE EXTENSIONS PROJECT
Kathy Elliott, Region II Planning and Development, informed the Commission this project would serve 111 families, with 76 families user agreements already in place. Mrs. Elliot asked the engineers to review the map and tell the Commission what areas would be served by this project.
The engineer stated the areas included in this project would be Jim Mount Road, Bryan Road, Nine Mile Creek Road, Little Cabell Creek, Clark Hollow Road and Dog Fork.
PAGE TWO
President Bailey stated there would be no cost to the county for the waterline extension project.
Nancy Cartmill, Commissioner, moved to approve the signing of the application for the Small Cities Block Grant Program for a waterline extension project. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
W. Scott Bias, Commissioner, moved to approve the “Proclamation Declaring April 2005 as Fair Housing Month in Cabell County.” Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
Nancy Cartmill, Commissioner, moved to approve the resolution adopting the Cabell County Development and Housing Needs Assessment Summary. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
#073 RESOLUTION, CABELL COUNTY COMMISSION
RE: PROPOSED PRECINCT LOCATION CHANGE
PRECINCT 17 FROM SPRING HILL ELEMENTARY
SCHOOL TO MEADOWS SCHOOL
Karen Cole, County Clerk, informed the Commission that a precinct change would be needed for the Special Election. Mrs. Cole stated that Precinct 17, located at Spring Hill Elementary School, would be under renovation during this election, therefore, it would be temporarily relocated to Meadows School.
Nancy Cartmill, Commissioner, moved to approve the proposed temporary precinct location change of Precinct 17 from Spring Hill Elementary School to Meadows School. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
#074 RESOLUTION, CABELL COUNTY COMMISSION
RE: PROPOSED PRECINCT LOCATION CHANGE
PRECINCT 56 FROM GREEN ACRES REGIONAL
CENTER TO GREENBOTTOM COMMUNITY &
SENIOR CENTER
Mrs. Cole stated that the item #074 dealt with the permanent change of Precinct 56 from Green Acres Regional Center to Greenbottom Community & Senior Center, Mrs. Cole further stated that the proposed precinct location changes would need approval from the Secretary of State and would need to be published in the newspaper.
W. Scott Bias, Commissioner, moved to approve the proposed precinct change of Precinct 56 from Green Acres Regional Center to Greenbottom Community & Senior Center. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)
PAGE THREE
Karen Cole, County Clerk, informed the Commission that she had appointed Teresa Powell as her Chief Deputy, effective March 1, 2005. Mrs. Cole stated Ms. Powell had been employed with the county for 28 years and would have full authority in her absence.
#075 APPEARING, ARTHUR M. STANDISH, ATTORNEY
RE: ESTATE OF CHARLES AUGUSTINS SPANICCIATI
REVISED MOTION TO APPOINT CABELL COUNTY
SHERIFF-ADMINISTRATOR
Tom Wilson, Attorney, representing Arthur Standish of Steptoe & Johnson, appeared before the Commission requesting the Commission appoint the Sheriff of Cabell County as the Administrator of the Estate of Mr. Spanicciatir, who had been deceased for fifty years. Mr. Wilson stated that Charles Yeager, Attorney with Steptoe & Johnson, had been the Administrator of Mr. Spanicciatir’s estate for several years, however, he now had passed away.
William Watson, County Attorney, stated he had reviewed the petition and there was an account at BB& T with funds that needed to be disbursed. Mr. Watson further stated the estate should be closed and he would recommend the Commission accept the petition and appoint the Sheriff as the Administrator.
W. Scott Bias, Commissioner, moved to approve the petition appointing the Sheriff as the Administrator for the Estate of Augustins Spanicciati. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#076 APPEARING, CHARLES W. PEOPLES, JR., ATTORNEY
RE: THE PETITION AND APPLICATION OF FAIRFIELD
APARTMENTS, INC. A NON-PROFIT CORPORATION,
FOR EXONERATION FROM REAL ESTATE TAXES FOR YEARS 2002, 2003, AND 2004
Charles W. Peoples, Jr., Attorney for Fairfield Apartments, appeared before the Commission requesting the reclassification of the property for tax years 2002, 2003 and 2004 and that the property be exonerated from payment of the taxes assessed against it for tax years 2002, 2003 and 2004. Mr. Peoples stated that Fairfield Apartments was a non-profit corporation that provided low income housing for the elderly and had been classified as tax exempt. Mr. Peoples further stated that due to the application for exemption for 2002, 2003 and 2004 being lost or not filed, the property was sold at a tax sale. Mr. Peoples stated after receiving the Notice to Redeem for the property the corporation became aware of the tax exemption status.
Mr. Peoples informed the Commission that the Assessor did not have any objections to the reclassification of the Fairfield Apartments property as tax exempt for the tax years 2002, 2003 and 2004 and the exoneration of the real estate taxes assessed against the property.
PAGE FOUR
Robert L. Bailey, President, asked what would happen to the people that purchased the property at the tax sale.
Mr. Peoples stated he had discussed this with the Sheriff and his Chief Tax Deputy and was told the purchaser could upon written application, receive a refund of the monies they paid for the property, however, there was nothing in the code regarding the interest.
Bruce Toney, representing Bud Revlin, the purchaser of the tax tickets, stated he was somewhat objecting to what Fairfield was requesting. Mr. Toney stated the property was purchased in good faith and they should be entitled to reimbursement of their cost, including interest and attorney fees.
William Watson, County Attorney, stated the Commission could not change the classification or taxability of property, however, there were exceptions and this would fall within these exceptions. Mr. Watson further stated the use of this property, from the beginning, was tax exempt and should have been tax exempt in 2002, 2003 and 2004. Mr. Watson said that by statute the only way for the Commission to approve the exoneration of real estate taxes would be with the approval of the Assessor, which he had given.
Nancy Cartmill, Commissioner, moved to allow the exoneration of real estate taxes for 2002, 2003 and 2004. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#077 AGREEMENT
RE: AUTHORIZING THE RELOCATION OF THE CABELL
HUNTINGTON HEALTH DEPARTMENT
Nancy Cartmill, Commissioner, moved to approve the agreement with Cabell Huntington Hospital and the Cabell Huntington Health Department on the relocation of the Health Department. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#078 APPEARING BILLY JOE WYNKOPP, ROB-NIC
CONSTRUCTION, INC.
RE: BOOTEN CREEK ROAD WATERLINE PROJECT
W. Scott Bias, Commissioner, moved to permanently take item #078 off the agenda. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#079 RESOLUTION, CABELL COUNTY COMMISSION
RE: RECLASSIFICATION OF MICHAEL C. MORGAN,
JR. TO FULL-TIME PARAMEDIC FOR CABELL
EMERGENCY MEDICAL SERVICES
THURSDAY, MARCH 10, 2005
PAGE FIVE
W. Scott Bias, Commissioner, moved to approve the reclassification of Michael C. Morgan, Jr. as a full-time paramedic for CCEMS, effective March 11, 2005, with a pay rate of $7.11 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#080 RESOLUTION, CABELL COUNTY COMMISSION
RE: APPOINTMENTS/REGION II PLANNING AND
DEVELOPMENT COUNCIL
BOB BAILEY, COMMISSIONER
W. SCOTT BIAS, COMMISSIONER
NANCY CARTMILL, COMMISSIONER
PHIL CARTER
Nancy Cartmill, Commissioner, moved to approve said appointments to the Region II Planning and Development Council: Bob Bailey, Commissioner, term to run concurrent with term of office and ending December 31, 2006; W. Scott Bias, Commissioner, term to run concurrent with term of office and ending December 31, 2010; Nancy Cartmill, Commissioner, term to run concurrent with term of office and ending December 31, 2008; Phillip Carter to a term, effective March 11, 2005, and ending March 10, 2006. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
#081 LETTER, RESOLUTION, CABELL COUNTY COMMISSION
RE: YMCA LEGISLATIVE DIGEST GRANT-PROJECT
# 05LEDA0383 PROJECT AMENDMENT SCOPE
ACTIVITY CHANGE (FORM 2)- REQUEST #1
Connie Gray, Administrator for Grants, Planning and Permits, stated that the original grant was for the development of three soccer fields at the Kennedy Center Complex. Mrs. Gray further stated that after some research, the YMCA realized they would not be able to construct the three soccer fields with the $20,000.00 grant. Mrs. Gray went on to say the YMCA was requesting a scope/change in the grant to allow the funds ($20,000.00) to be used to expand and pave the parking lot.
Nancy Cartmill, Commissioner, moved to authorize the submission of a request for project amending scope/activity change (Form 2) for the YMCA. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
#082 RESOLUTION, CABELL COUNTY COMMISSION
RE: AUTHORIZING THE FILING OF AN EDWARD BRYNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
APPLICATION FOR FY 2005 FUNDS IN THE AMOUNT
OF $70,663.00
THURSDAY, MARCH 10, 2005
PAGE SIX
Mrs. Gray informed the Commission that this grant would be shared equally with the City of Huntington for the purchase of equipment for the Sheriff’s Department and the Huntington Police Department and would not require matching funds.
W. Scott Bias, Commissioner, moved to approve the filing of a grant application in the amount of $70,663.00. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)
#083 INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CABELL COUNTY COMMISSION AND THE CITY OF
HUNTINGTON, WEST VIRGINIA
RE: 2005 BRYNE JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM AWARD FOR THE DISTRIBUTION OF
THE JAG FUNDS
Nancy Cartmill, Commissioner, moved to approve the agreement between the County Commission and the City of Huntington regarding the JAG Funds. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#084 RESOLUTION, CABELL COUNTY COMMISSION
RE: PUBLIC HEARING PERTAINING TO THE
EXPENDITURE OF GRANT FUNDS IN THE AMOUNT
OF $70,663.00 FROM THE EDWARD BRYNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
Nancy Cartmill, Commissioner, moved to approve authorizing the publication for a Public Hearing on Thursday, March 24, 2004, for the proposed expenditure of grant funds in the amount of $70,663.00. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (G)
#085 LETTER, RESOLUTION, CABELL COUNTY COMMISSION
RE: COURTHOUSE SECURITY GRANT APPLICATION
TO THE WEST VIRGINIA DIVISION OF CRIMINAL
JUSTICE SERVICES IN THE AMOUNT OF $192,435.00
Connie Gray, Administrator of Grants, Planning and Permits, stated the funds from this grant would be used to secure the four courtrooms in the Courthouse and to provide a card reader at the Prosecuting Attorney’s Office door and an additional card reader at the Probation Department’s exit door.
Glenn White, County Manager, stated the grant itself does not require any matching funds, however, if this equipment were to be purchased a maintenance agreement would be needed.
PAGE SEVEN
Mr. White further stated the items requested were from judges except for the last two items regarding the Prosecuting Attorney and Probation Departments.
Commissioner Bias stated he believed the Commission should look to the judges to find the money for the maintenance agreements in their budgets.
Nancy Cartmill, Commissioner, moved to approve the filing of an application to the West Virginia Court Security Fund Grant Program for funding, in the amount of $192,435.00, to purchase security equipment for the courtrooms. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous. Exhibit (H)
#086 LETTER, RESOLUTION AND GRANT
RE: BETWEEN THE STATE OF WEST VIRGINIA
COURTHOUSE FACILITIES IMPROVEMENT
AUTHORITY AND THE CABELL COUNTY
COMMISSION PROJECT #06-01-123104 $80,000.00 FOR ROOF REPAIRS
Mrs. Gray informed the Commission this grant, in the amount of $80,000.00, was from the Courthouse Facilities Fund and stipulated the funds must be used for a new roof system for the Courthouse. Mrs. Gray stated that the estimate for the roof was $140,000.00 and the Commission would be responsible for the additional funding.
Glen White, County Manager, stated that the additional funding of $60,000.00 could be taken from the Building Fund or relocated from the Contingency Fund.
W. Scott Bias, Commissioner, moved to approve the signing of a grant in the amount of $80,000.00 for a roof for the Courthouse. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (I)
#087 AGREEMENT, CABELL COUNTY COMMISSION
RE: USE OF COURTHOUSE GROUNDS PERMIT
CENTRAL FREEWILL BAPTIST CHURCH
MARCH 26, 2005-10:00 A.M.-12:00 NOON
Nancy Cartmill, Commissioner, moved to approve the permit for the Central Freewill Baptist Church to use the Courthouse grounds on March 26, 2005, from 10:00 a.m. to 12:00 noon. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
#088 AGREEMENT, CABELL COUNTY COMMISSION
RE: CERTIFIED ELEVATOR INSPECTION SERVICE-
ANNUAL INSPECTION AGREEMENT
THURSDAY, MARCH 10, 2005
PAGE EIGHT
Glenn White, County Manager, stated that the State Department of Labor would no longer be inspecting the Courthouse elevators. Mr. White further stated that the State of West Virginia was now requiring the counties to contract this service out and the state had provided a list of qualified companies.
Mr. White stated the agreement, if approved, would be with Certified Elevator Inspection Service, Washington, West Virginia, for $85.00 per elevator.
Mr. White informed the Commission that Otis Elevator, located in Huntington, would still provide the repair work on the county’s elevators, however, they could not provide the inspection service if involved with repair work.
W. Scott Bias, Commissioner, moved to approve the agreement with Certified Elevator Inspection Service for $85.00 per elevator. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#089 REVIEW AND CONSIDERATION OF DATA PROCESSING
DIRECTOR BRIAN O’NEILL’S DEPARTMENT MISSION
STATEMENT AND STAFFING RECOMMENDATION
W. Scott Bias, Commissioner, moved to go into executive session. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
The Commission recessed at 10:55 a.m.
The Commission reconvened at 11:14 a.m., with no action taken.
Glenn White, County Manager, stated the Commission discussed the report that Brian O’Neill, Data Processing Director, had prepared for the Commission. Mr. White further stated that the report contained a mission statement, a narrative about the department regarding where the department had been in the past and how Mr. O’Neill would like to see the department continue and recommendations on the staffing of his department. Mr. White went on to say that today the Commission was to consider adopting Mr. O’Neill’s recommendations on the re-structuring and the recommendations for staffing the department.
W. Scott Bias, Commissioner, moved to approve the Departmental Mission Statement and staffing recommendations from Brian O’Neill.
Curtis Martin, Herald Dispatch, stated he believed state law did not call for executive session on Mission Statements; it only called for executive sessions on specific personnel matters.
William Watson, County Attorney, informed Mr. Martin that the Commission did have a discussion about specific individuals, which he believed to be proper for an executive session.
THURSDAY, MARCH 10, 2005
PAGE NINE
W. Scott Bias, Commissioner, moved to adopt the Mission Statement regarding staffing recommendation. Nancy Cartmill, Commissioner, seconded the motion.
Karen Cole, County Clerk, stated that she and other elected officials had concerns about the recommendations in Mr. O’Neill’s report and how it would affect the other departments in the Courthouse. Mrs. Cole requested that the Commission meet with the elected officials before adopting Mr. O’Neill’s recommendations. Mrs. Cole told the Commission she understood that Data Processing was under their jurisdiction, but the recommendations in the report would affect the other office holders and they would like to be heard.
Nancy Cartmill, Commissioner, asked Mrs. Cole where they wanted input, the Mission Statement or into the staffing requirements and Mrs. Cole replied that the elected officials would like input into everything regarding Data Processing.
Commissioner Cartmill stated the Mission Statement would be for the Data Processing Department, however the staffing requirements could possibly be for discussion.
Mrs. Cole stated if you read the whole Mission Statement, the statement and staffing would affect all the offices in the Courthouse and there were major concerns about this statement.
Ottie Adkins, Assessor, stated he would like to discuss this with the Commission as he had concerns on the affect it would have on his office.
Adel Chandler, Circuit Clerk, stated there did not seem to be recognition of Public Officials in decisions that were made which affects the offices of which they were responsible and she would like to be involved in any discussions because there was so much in her office that would be confidential and private.
Brian O’Neill, Director of Data Processing, stated he did not want to take anything away from the office holders, he just wanted to streamline the department and get the duties where they should be.
After a lengthy discussion, President Bailey told the elected officials the Commission would meet with the office holders for a discussion concerning Data Processing.
Robert L. Bailey, President, called for a vote on the motion to adopt the Mission Statement and the vote was unanimous.
Robert L. Bailey, President asked that William Watson, County Attorney, explain what Judge Pancake told the Commission they must do on the 2005-2006 budget.
Mr. Watson stated the Judge Pancake told the Commission there were three things for the Commission to consider when they begin preparing the 2005—2006 budget. Mr. Watson said the first item would be funding the constitutional manadated duties of the elected officials; the second item would be the statutory obligations and an example would be the Park Board and the Public Library; the third item would be the contractual obligations.
THURSDAY, MARCH 10, 2005
PAGE TEN
Mr. Watson stated that when the elected officials prepared their budgets, they should identify to the best of their ability, their expenditures and their budgets as to what categories they fall into and then inform the Commission so they could prepare the 2005-2006 budget.
#090 LEGAL REPRESENTATION AGREEMENT-ANCIL RAMEY,
STEPTOE & JOHNSON CIVIL ACTION #05-C-162
Glenn White, County Manager, explained this agreement would retain the services of Ancil Ramey to provide representation for the Commission on Civil action #05-C-162, at a cost of $175.00 per hour.
President Bailey told the Commission that the County Commission Association would help with some of the bill.
Nancy Cartmill, Commissioner, moved to approve the agreement with Ancil Ramey, of Steptoe & Johnson, at a rate of $175.00 per hour in representation of Civil Action #05-C-162. W. Scott Bias, Commissioner, seconded the motion and the vote was unanimous.
DISCUSSION: PENDING LITIGATION WITH COUNSEL
The Commission decided there was no need to discuss litigation with counsel.
Robert L. Bailey, President, adjourned the meeting at 12:04 noon, until the next regular scheduled meeting on March 24, 2005 ay 10:00 a.m.
____________________________________
PRESIDENT, COUNTY COMMISSION
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