THURSDAY DECEMBER 18, 2003
PRESENT: ROBERT l. BAILEY, PRESIDENT
L. D. EGNOR, COMMISSIONER
NANCY CARTMILL, COMMISSIONER
WILLIAM T. WATSON, COMMISSIONER
GLENN WHITE, COUNTY MANGER
SHARON ROSS, ASSISTANT COUNTY MANAGER
FOR BILLABLES AND PAYABLES
Robert L. Bailey, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
Robert L. Bailey, President, informed the Commission that Sheriff Wolfe requested an item be added to the agenda concerning employment in the Tax Department.
Nancy Cartmill, Commission, moved to approve the request to add the item of employment in the Tax Department to the agenda. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. The item would be numbered as 308-A.
L. D. Egnor, Commissioner, moved to approve the agenda as modified. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve purchase orders #3476 X through #3745 X and pay jackets. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the minutes of the December 4, 2003 regular meeting, the minutes of the December 10, 2003 special meeting, erroneous assessments/land consolidation/split tickets and probate documentation. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve the handwritten checks to Mountain State Blue Cross and Blue Shield, not to exceed $100,000.00, from the Cabell County Medical Insurance Fund. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President, requested that item #311 be moved to the front of the agenda and there were no objections.
THURSDAY DECEMBER 18, 2003
PAGE TWO
#311 RUTH WALKER ESTATE
RE: RUTH E. STALEY WALKER ESTATE-EXCEPTION
TO FIDUCIARY COMMISSIONER’S RULING
William T. Watson, County Attorney, explained to the Commission that Dan Yon, Fiduciary Commissioner for the estate of Ruth Staley Walker, filed his report based on a claim filed by E. Dennis White, attorney representing Ernestine F. Adkins and Carroll D. Adkins and the claimants took exception to Mr. Yon’s ruling. Mr. Watson further stated that pursuit to statutory provision the Commission was the body that would hear arguments on this matter. Mr. Watson suggested Mr. White address the Commission first, then Bruce Stout, who represents Jack Walker could speak and finally Dan Yon, Fiduciary Commissioner.
E. Dennis White, attorney representing Ernestine F. Adkins and Carroll D. Adkins, stated the claimants had taken exception to the Fiduciary Commissioner’s ruling which rejected the Adkins’ claim. Mr. White further stated that due to several issues, he would like the Commission to rule one way or the other, or in the alternative, to remand it to the Commissioner to take evidence and give them an opportunity to discover some files.
Mr. Bruce Stout, representing the estate of Ruth Staley Walker and the executor Jack Walker, stated he believed the Fiduciary Commissioner’s ruling was accurate and correct. Mr. Stout further stated he believed that Mr. White was trying to overrule the will and Mr. Stout also believed that Mr. White would appeal this matter, therefore, the estate would continue to ask for costs in this matter.
Dan Yon, Fiduciary Commissioner, stated he felt there was no evidence to support the claim filed by Mr. White on behalf of Ernestine and Carroll Adkins and believed this matter needed to be closed.
L. D. Egnor, Commissioner, moved to grant relief to Mr. Stout and his client and that the claim of the Adkins’ be denied and that the hearing set in this matter not be held which would allow Mr. White to appeal it to the Circuit Court and allow the Circuit Court to rule on any fees and cost. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#305 RE: STAFFING OF THE CABELL COUNTY HOLDING
FACILITY IN COMPLIANCE WITH CIRCUIT
JUDGE JOHN CUMMINGS’ ORDER IN CIVIL
ACTION 03-C-971 CONTINUED FROM
DECEMBER
15, 2003 SPECIAL MEETING
THURSDAY DECEMBER 18, 2003
PAGE THREE
Kim Wolfe, Cabell County Sheriff, updated the Commission on the situation at the holding facility. Sheriff Wolfe reported supervisors, deputies and the Sheriff, himself, were staffing the holding facility and transporting the prisoners from the holding facility to the courtroom as per court order. Sheriff Wolfe stated they would continue to do so until such time when he could hire additional deputies.
Robert L. Bailey, President, stated the hiring of deputies was not in the court order.
Nancy Cartmill, Commissioner, asked William Watson, County Attorney, for his opinion on this matter.
William Watson, County Attorney, stated he felt the language in the court order was contradictory and that was why the Commission was going forth with a motion for the court to reconsider. Mr. Watson further stated his interpretation of the court order, as relating to the staffing of the holding facility, was that the person transporting from the holding facility to the courtroom must be a deputy, but with respect to the staffing of the holding facility they could be civilian employees as long as they met regulatory provisions as adopted concerning holding facility staff.
Sheriff Wolfe stated the biggest part of staffing a facility was the transporting of the prisoners.
Mike Woelfel, attorney representing Sheriff Wolfe, asked the Commission if they were going to deny the Sheriff’s request for additional deputies. President Bailey stated he believed that would be the position of the Commission due to financial concerns.
L. D. Egnor, Commissioner, stated that during the budget preparation the Sheriff had requested the employment of six deputies, which the Commission, due to a budgetary standpoint, did not grant. Commissioner Egnor further stated the Commission made it clear during this budgetary process, that they wanted the jail transition to provide the most cost effective way in providing the holding services for prisoners being transferred from the Regional Jail to the holding facility. Commissioner Egnor said it was the intention of the Commission to provide these services by hiring part-time personnel who would be fully qualified Correctional Officers.
Sheriff Wolfe stated the six deputies he had requested, during the budget process, did not have anything to do with the six personnel for staffing of the holding facility. Sheriff Wolfe further stated he had worked hard to save money during the closing of the jail by submitting three different proposals to the Commission, which for various reasons were rejected. Sheriff Wolfe also stated he had been in agreement with the Commission on using Correctional Officers to staff the holding facility, but when the jail closed he found out they would not have the authority to work the facility.
THURSDAY DECEMBER 18, 2003
PAGE FOUR
Jim Johnson, Jail Administrator, stated he believed the Sheriff’s integrity and honesty was in question. Mr. Johnson further stated he came up with the six positions for staffing the facility, not the Sheriff.
Robert L. Bailey, President, stated he was very concerned over the cost of housing prisoners. President Bailey further stated the cost for one prisoner at the County Jail was $23.00 a day and now it would be $48.50 a day for each prisoner at the Regional Jail.
Nancy Cartmill, Commissioner, stated she wanted to staff the holding facility the most cost effective and safest way that could be done. Commissioner Cartmill further stated she believed the holding facility could be staffed with trained civilians along with the deputies doing the transporting. Commissioner Cartmill went on to say there were counties in the state staffing the holding facilities with civilians and other counties that were using deputies.
President Bailey stated he would like to continue this discussion Monday, December 22, 2003 at 2:00 p.m., to discuss this matter.
Commissioner Egnor suggested a discussion with the Regional Jail Authority to see if the County could contract the Authority to provide services for the County.
President Bailey requested that someone in the Sheriff’s Department call and see if someone from the Regional Jail could attend the December 22, 2003 meeting.
#306 RESOLUTION,
CABELL COUNTY COMMISSION
RE: ADOPTION OF A RESOLUTION ENACTING AN
ORDINANCE RESTRICTING THE LOCATION AND
REGULATING ADULTS ONLY ESTABLISHMENTS
EXOTIC OFFERING ENTERTAINMENT
Nancy Cartmill, Commissioner, moved to approve the
resolution enacting an ordinance restricting the location and regulating adults
only establishments offering exotic entertainment. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(A)
#307 LETTER,
ADELL CHANDLER, CIRCUIT CLERK
RE: EMPLOYMENT
L. D. Egnor, Commissioner, moved to approve hiring Shannon Marie Obarski as a temporary part-time employee, effective January 2, 2004. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY DECEMBER 18, 2003
PAGE FIVE
#308 LETTER,
KAREN S. COLE, COUNTY CLERK
RE: EMPLOYMENT
Nancy Cartmill, Commissioner, moved to approve the employment of Melissa M. Parsons as a part-time employee, effective December 19, 2003, with an annual salary of $11,000.00 a year. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
308-A LETTER,
KIM WOLFE, SHERIFF
RE:
EMPLOYMENT
Nancy Cartmill, Commissioner, moved to approve the employment of Dominique Elmore as a temporary part-time employee with a salary of $7.00 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#309 ORDER,
CABELL COMMISSION
RE: APPROVE LISTING OF DELINQUENT PROPERTY
SUSPENDED FROM THE TAX LIEN SALE/2002
Nancy Cartmill, Commissioner, moved to approve the
order for the Sheriff’s suspension of Delinquent Tax Sale List for the tax year
2002. L. D. Egnor, Commissioner,
seconded the motion and the vote was unanimous.
Exhibit (B)
#310 LETTER,
KIM WOLFE, SHERIFF
RE: REQUEST PURCHASE OF TWO NEW VEHICLES
ON STATE CONTRACT
L. D. Egnor, Commissioner, moved to approve the purchase of a 2004 Crown Victoria Police Interceptor for $20,913.00 and a 2004 Dodge Durango for $22,593.00 on State Contract. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#311 MOVED
TO FRONT OF MEETING
#312 LETTER,
CABELL COUNTY COMMISSION
RE: ISSUANCE OF DUPLICATE CERTIFICATES FOR
PROPERTIES PURCHASED AT THE 2002 TAX
SALE FOR THE 2001 TAX YEAR/MR. LEE
DAVIS
THURSDAY DECEMBER 18, 2003
PAGE SIX
Glenn White, County Manager, explained that Mr. Lee purchased four pieces of property at the tax sale and received four tax certificates, however, Mr. Lee had lost two of the certificates and requested the issuance of duplicates. L. D. Egnor, Commissioner, moved to issue duplicate tax certificates for the two that were lost. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#313 LETTER
AND RESOLUTION, CABELL COUNTY
COMMISSION
RE: LEGISLATIVE DIGEST GRANT APPLICATION
OPERATION B.E.S.T. (BUSINESS AND
EDUCATION
SUCCEEDING TOGETHER)-$4,000.00
PROJECT NUMBER: 04LEDA0029
Nancy Cartmill, Commissioner, moved to approve the
resolution authorizing Robert L. Bailey, President, to sign the grant
application for funds in the amount of $4,000.00. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous.
Exhibit (C)
#314 LETTER
AND RESOLUTION, CABELL COUNTY
COMMISSION
RE: LEGISLATIVE DIGEST GRANT APPLICATION
LAND ACQUISITION-$4,000.00
PROJECT NUMBER: 04LEDA0026
Connie Gray, Administrator of Grants, Planning and
Permits, explained this grant would be used for the purpose of land acquisition
and /or construction costs associated with the development of a Youth Sports
Complex. L. D. Egnor, Commissioner, moved
to approve the filing of an application for the Legislative Digest Grant in the
amount of $4,000.00. Nancy Cartmill,
Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
#315 LETTER,
CABELL COUNTY COMMISSION
RE: DRAWDOWN REQUEST #6-$77,242.85/UNION RIDGE
WATER LINE/EXTENSION PROJECT
PROJECT NUMBER-02SCBG0021X
THURSDAY DECEMBER 18, 2003
PAGE SEVEN
Glenn White, County Manager, informed the Commission this request included an invoice from Region II Planning & Development Council for administrative services, an invoice from Terradon Corporation and a pay request from Bill Enyart & Sons Construction. Nancy Cartmill, Commissioner, moved to approve the drawdown request of $77,242.85 for the Union Ridge Water Line Project. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#316 AGREEMENT,
BETWEEN THE CABELL COUNTY
COMMISSION/TRI-STATE
TRANSIT AUTHORITY
RE: FUEL AGREEMENT
Glenn White, County Manager, explained that due to changes made in the handling of the state excise tax on fuel, a new agreement was needed between the County Commission and the Tri-State Transit Authority. L. D. Egnor, Commissioner, moved to approve the agreement between the County Commission and Tri-State Transit Authority. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#317 RESOLUTION,
GENERAL FUND STATE BUDGET
REVISION
#6
L. D. Egnor, Commissioner, moved to approve removing item #317 from the agenda. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#318 RESOLUTION,
GENERAL FUND COUNTY BUDGET
REVISION
#2
Nancy Cartmill, Commissioner, moved to approve General
Fund County Budget Revision #2. L. D. Egnor, Commissioner, seconded the
motion and the vote was unanimous. Exhibit
(E)
Sheriff Kim Wolfe requested to be placed on the next agenda to discuss Committee Accounts. President Bailey agreed to his request.
L. D. Egnor, Commissioner, moved to recess the meeting at 11:25 a.m., until Monday, December 22, 2003, at 10:00 a.m. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
MONDAY, DECEMBER 22, 2003
PAGE EIGHT
PRESENT: ROBERT
L. BAILEY, PRESIDENT
L.
DE. EGNOR, COMMISSIONER
NANCY
CARTMILL, COMMISSIONER
WILLIAM
T. WATSON, COUNTY ATTORNEY
GLENN
WHITE, COUNTY MANAGER
SHARON
ROSS, ASSISTANT COUNTY MANAGER FOR
BILLABLES
AND PAYABLES
Robert L. Bailey, President, reconvened the recessed meeting of December 18, 2003, of the Cabell County Commission at 2:00 p.m.
Jim Johnson, Jail Administrator, stated he had spoken with Officer Bowman to see if any past Correctional Officers were interesting in working part-time at the County’s holding facility. Mr. Johnson reported there would be a problem with their days off which are subject to change every week and there are shift changes every 90 days.
L. D. Egnor, Commissioner, asked Mr. Johnson if he had spoken with the Jail Administration and Mr. Johnson replied he had not.
President Bailey stated it was his understanding that Regional Jail Administrator, Larry Parsons, would be contacted.
William Watson, County Attorney, stated that until the Commission received a final determination from the Supreme Court, a mutual decision should be made on who would man the holding facility.
Mike Woelfel asked the Commission what would happen January 5, 2004, when the prisoners started showing up for court.
President Bailey stated the Commission would hire six people to work the holding facility. President Bailey also stated the Commission had discussed using retired Police Officers that are currently working security at the Courthouse.
Mr. Johnson stated that six people were not needed to work the holding facility but would be needed for transporting prisoners to and from court.
Commissioner Egnor stated he believed that if the Sheriff would contact the Regional Jail Authority, a possible agreement could be worked out that would benefit the County.
Commissioner Cartmill asked Sheriff Wolfe if they had looked at some alternative way of handling this matter instead of hiring six deputies. Sheriff Wolfe replied he did not feel he could do anything else without violating the order.
THURSDAY DECEMBER 22, 2003
PAGE NINE
After a lengthy discussion President Bailey asked Mike Woelfel to speak with Sheriff Wolfe to see if he would be willing to meet with Steve Canterbury, from the Jail Authority, to discuss an agreement between the County and the Regional Jail before a another meeting could be scheduled.
President Bailey informed the Commission that another item from the December 18, 2003, meeting needed to be approved.
L. D. Egnor, Commissioner, moved to set the license application fee at $250.00 in the Ordinance for Adult Entertainment. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President, adjourned the meeting at 3:15 p.m., until the next regular scheduled meeting December 31, 2003, at 10:00 a.m.
___________________________________
PRESIDENT,
COUNTY COMMISSION
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