PRESENT: ROBERT L. BAILEY, PRESIDENT
L. D. EGNOR, COMMISSIONER
NANCY CARTMILL, COMMISSIONER
WILLIAM T. WATSON, COUNTY ATTORNEY
GLENN WHITE, COUNTY MANAGER
SHARON ROSS, ASSISTANT 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:
Glenn White, County Manager, informed the Commission that LeRoy Eslinger, a representative of Yorel Development, requested the agenda be amended to include an item of extreme importance. Mr. White explained that in order to receive tax credit for low income housing, Yorel Development required a letter, signed by the President of the Commission, stating that the Cabell County Commission had no opposition to the Glenbrier Apartment remodeling project.
L. D. Egnor, Commissioner, moved to amend the agenda to include the letter from LeRoy Eslinger of Yorel Development. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to authorize Robert L. Bailey, President, to sign a letter of no opposition to the refurbishing of the Glenbrier Apartments. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the amended agenda. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve purchase orders #195 X through #506 X and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve the minutes of the regular meeting of July 3, 2003, erroneous assessments/land/consolidations/split tickets and probate documentations. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, moved to approve handwritten checks to Mountain 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.
THURSDAY JULY 17, 2003
PAGE TWO
#177 LETTER, ADELL CHANDLER, CIRCUIT CLERK
RE: EMPLOYMENT
Nancy Cartmill, Commissioner, moved to approve the employment of Alisha M. Maynard as a part-time clerk, effective July 21, 2003. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#178 LETTER, KIM WOLFE, SHERIFF
RE: EMPLOYMENT
L. D. Egnor, Commissioner, moved to approve the employment of Dominique C. Elmore as part-time summer help in the Tax Office, effective July 18, 2003 at a rate of $7.00 per hour; Jerri A. Powers for part-time at the jail, effective July 28, 2003 at a rate of $8.12 per hour; Chanda L. Meadows and Richard A. Devore as 90 day Provisional Correctional Officers, effective July 28, 2003 at a rate of pay of $1,413.34 each, per month. Nancy Cartmill, Commissioner, seconded the motion. At this time Sheriff Wolfe informed the Commissioners that Jerri A. Powers requested that her application be pulled. L. D. Egnor, Commissioner, withdrew his previous motion and moved to approve hiring all but Jerri Powers. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#179 LETTER, KIM WOLFE, SHERIFF
RE: LONGEVITY PAY FOR DEPUTIES FY 2003-2004
Kim Wolfe, Sheriff, explained that the cap on longevity increments for deputies having over twenty-five years of service was lifted in 2002, but it was not figured into the 2003-2004 budget. Sheriff Wolfe requested a budget revision to his salary line item #01-700-03 be approved so the deputies could receive their longevity pay. Nancy Cartmill, Commissioner, moved to approve the budget revision for the longevity pay for deputies. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#180 APPEARING, LEE BOOTEN, ESQUIRE
RE: PETITION TO REMOVE ADMINISTRATRIX,
MARGURITE MARSHALL IN THE ESTATE OF
ROY EARL MARSHALL
THURSDAY JULY 17, 2003
PAGE THREE
Mr. Lee Booten, Attorney representing the children of Roy Earl Marshall, appeared before the Commission on a petition to remove Margurite Marshall as Administrator from the estate of Roy Earl Marshall. Mr. Booten stated that he had received a call from Mr. Richard Vital, who represented Margurite Marshall and that he and Mr. Vital were in agreement that it would serve everyone’s best interest if Mrs. Marshal was not removed as Administrator, but that the Commission approve the appointment Randy Marshall as Co-Administrator.
William T. Watson, County Attorney, stated he felt this would be in the best interest of all concerned to allow Randy Marshall to be appointed as Co-Administrator.
Nancy Cartmill, moved to approve appointing Randy Marshall as Co-Administrator to the estate of Roy Earl Marshall. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
LETTER, A GORDON MERRY III, JR., DIRECTOR,
CABELL COUNTY EMERGENCY SERVICES
RE: PORTER’S KNOB TOWER
Gordon Merry, CCEMS Director, informed the Commission that the County had an opportunity to purchase the tower at Porter’s Knob from the West Virginia Emergency Medical Services Technical Support Network. Mr. Merry requested permission from the Commission to negotiate a lease with the landowners and if successful, then negotiate a price for the tower and equipment. The Commission agreed to allow Mr. Merry to proceed with negotiations on the site and for purchasing the tower.
Robert L. Bailey, President, asked Mr. Merry about the new ambulance station in Salt Rock. Mr. Merry reported that Station #5 had been completed and that he would like the Commission to schedule a date for the dedication.
#181 RESOLUTION, CABELL COUNTY COMMISSION
RE: PARTICIPATION AND COOPERATION WITH
THE WEST VIRGINIA LOCAL ECONOMIC
DEVELOPMENT GRANT PROGRAM
Glenn White, County Manager, reported this resolution would approve participation in the local economic development grant program and would also designate HADCO as the local representative.
L. D. Egnor, Commissioner, moved to approve the resolution. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (A)
THURSDAY JULY 17, 2003
PAGE FOUR
#182 LETTER, PAUL DAVIS, ASSISTANT GENERAL
MANAGER, TRI-STATE TRANSIT AUTHORITY
RE: DONATION OF A 1995 FORD (DIAL-A-RIDE) VAN
Robert L. Bailey, President, informed the Commission he requested a Dial-A-Ride Van that TTA was disposing of, be donated to the County for the County Clerk’s Office.
L. D. Egnor, Commissioner, moved to accept the donation of the van from TTA. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#183 RESOLUTION, CABELL COUNTY COMMISSION
RE: EMPLOYMENT-CCERC
L. D. Egnor, Commissioner, moved to approve the employment of Amanda R. Chapman, David L. Hagerman and Daniel C. Johnson as full-time temporary telecommunicator/dispatchers effective August 4, 2003, each at a rate of $ 8.92 per hour. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#184 RELEASE OF BOND
Glenn White, County Manager, informed the Commission that the original bond for officer holders set by the Circuit Judge, was done on an incorrect form and that a replacement bond on the proper form had already been issued, therefore, Mr. White recommended the Commission release the original bond from Westfield National Company. L. D. Egnor, Commissioner, moved to release the original bond from Westfield Company. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, suggested the bonds be reviewed to make sure there was enough coverage on the office holders.
#185 LETTER, CABELL COUNTY COMMISSION
RE: BANKRUPTCY NOTICES RECEIVED BY
CABELL COUNTY
L. D. Egnor, Commissioner, moved to go into executive session to discuss the bankruptcy matter, which may pertain to personnel. Nancy Cartmill, Commissioner, seconded the motion.
PAGE FIVE
William Frazier, Attorney representing Kim Wolfe, asked if he could discuss the INCO (Special Metals) bankruptcy with the Commission before they went into executive session.
Tom Bell, Chief Tax Deputy, stated for the record that on the subject of bankruptcies, there was a large amount of paper work involved, and the chances of collecting money was slim to none.
Mr. Frazier stated he was only speaking pertaining to the INCO bankruptcy claim. Mr. Frazier went on to say he had checked with the bankruptcy court to see what had been done in the matter of filing a claim on behalf of the county. Mr. Frazier presented a document, which had been sent to the Cabell County Tax Department, which stated, that if the information was correct and you were in agreement, you did not have to reply. Mr. Frazier also stated he had spoken to the attorney for INCO who had advised Mr. Frazier that Cabell County had been on the their schedule for filing and he believed the claim was filed in a timely fashion.
William T. Watson, County Attorney, said the Commission should check with the bankruptcy court in Ashland, Kentucky, to see if this document was correct. Mr. Bell stated the Tax Department had contacted the bankruptcy court and they had confirmed the claim had been filed in a timely fashion.
L. D. Egnor, Commissioner, stated he was confused as to why the Sheriff had asked Mr. Tyson to file a bankruptcy claim, if the claim was already filed. Mr. Bell stated he believed there was some confusion concerning a fax he sent to Mr. Tyson on a post-petition.
Mr. Watson stated the Commission needed confirmation from the bankruptcy court on whether the claim was filed in timely fashion and the Commission needed to look at the post-petition for 2003.
Robert L. Bailey, President, reminded the Commission there was a motion on the floor to go into executive session, which had been moved and seconded. The Commission voted on the motion and the vote was unanimous.
The Commission recessed the meeting at 11:05 a.m. to go into Executive Session.
PAGE SIX
L. D. Egnor, Commissioner, moved to reconvene the regular session at 11:08 a.m. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
William T. Watson, County Attorney, stated that after discussing the reason for the executive session it was determined that it would not pertain to personnel but to potential litigation matters.
L. D. Egnor, commissioner, moved to go into executive session to discuss potential litigation matters. Nancy Cartmill, Commissioners, seconded the motion and the vote was unanimous.
The Commission recessed the meeting 11:10 a.m. to go into Executive Session.
L.. D. Egnor, Commissioner, moved to reconvene the regular session at 11:55 a.m. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, President, asked Mr. Watson to detail the agreement reached with Sheriff Wolfe.
Mr. Watson stated that relative to possible litigation issues and at that the insistence of the County Commission and the approval of the Sheriff, the Commission would request that the State Auditor’s Office, through the Chief Inspectors Division, conduct an overview and evaluation on the practices and procedures of the Sheriff’s Tax Department.
L. D. Egnor, Commissioner, moved to have Mr. Watson draft a letter for the President of the Commission to sign to send to the State Auditor, to provide implementation for evaluation and overview in the Tax Department. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#186 RESOLUTION, CABELL COUNTY COMMISSION
RE: REAPPOINTMENT OF RANDALL T. MOORE
TO THE TRI-STATE TRANSIT AUTHORITY
BOARD
Nancy Cartmill, Commissioner, moved to reappoint Randall T. Moore as a Board Member of the Tri-State Transit Authority, for a three year term ending July 24, 2006. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)
THURSDAY JULY 17, 2003
PAGE SEVEN
#187 LETTER, RESOLUTION AND GRANT CONTRACT,
CABELL COUNTY COMMISSION
RE: FY 2003 LEGISLATIVE DIGEST LOCAL ECONOMIC
DEVELOPMENT ASSISTANCE GRANT PROGRAM
GREENBOTTOM COMMUNITY AND SENIOR
CENTER, INC $5,500.00/PROJECT NO. 03LEDA0030
Connie Gray, Administrator for Grants, Planning and Permits, explained this resolution allowed the purchase of equipment for the Greenbottom Community and Senior Center. Nancy Cartmill, moved to approve the resolution authorizing the signing of the contract between the West Virginia Development Office and the Cabell County Commission for Legislative Digest Funds, in the amount of $5,500.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (C)
#188 LETTER, RESOLUTION AND GRANT CONTRACT,
CABELL COUNTY COMMISSION
RE: FY 2003 LEGISLATIVE DIGEST GOVERNOR’S
COMMUNITY PARTNERSHIP GRANT PROGRAM
GREENBOTTOM COMMUNITY AND SENIOR
CENTER, INC $25,000.00/PROJECT NO. 03CPGP0187
Mrs. Gray stated this resolution would allow the Greenbottom Community and Senior Center to make repairs and renovations. Nancy Cartmill, Commissioner, moved to approve a resolution authorizing the signing of the Governor’s Community Partnership Grant Program Contract between the West Virginia development Office and the Cabell County Commission, for funds in the amount of $25,000.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (D)
#189 LETTER, RESOLUTION AND GRANT CONTRACT,
CABELL COUNTY COMMISSION
RE: DIVISION OF CRIMINAL JUSTICE SERVICES
DRUG AND VIOLET CRIME CONTROL CONTRACT
$19,996.00/PROJECT NO. 01-DC-44
Mrs. Gray explained that this resolution allowed the President of the Commission to enter into a contract with the West Virginia Division of Criminal Justice Services to provide the salary for a Community Clerk Supervisor. Nancy Cartmill, Commissioner, moved to approve this resolution and grant contract in the amount of $19,996.00. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (E)
THURSDAY JULY 17, 2003
PAGE EIGHT
#190 LETTER, CABELL COUNTY COMMISSION
RE: REIMBURSEMENT REQUEST #1 (FINAL) $40,000.00
AND CERTIFICATION OF PROJECT COMPLETION
MOUNTAIN STATE CENTER FOR INDEPENDENT
LIVING PROJECT NO. 02LEDA0028
Connie Gray, Administrator of Grants, Planning and Permits, stated this was a reimbursement request and certification of grant completion on the Mountain State Center for Independent Living Project. Nancy Cartmill, Commissioner, moved to approve the request for reimbursement of $40,000.00 for Mountain State Center for Independent Living. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
#191 LETTER, RESOLUTION AND GRANT CONTRACT,
CABELL COUNTY COMMISSION
RE: DIVISION OF CRIMINAL JUSTICE SERVICES
DRUG AND VIOLENT CRIME CONTROL
CONTRACT-$30,000.00/WEST VIRGINIA YOUTH
LEADERSHIP ACADEMY PROJECT #03-DC-36 AND
REQUEST FOR CHANGE OF FISCAL OFFICER
Kim Wolfe, Sheriff, informed the Commissioners that this resolution would provide funds for expenses associated with a statewide Youth Leadership Academy and also changed the fiscal officer on the grant to Glenn White, County Manager. L. D. Egnor, Commissioner, moved to approve the resolution and grant of $110,574.00 and request for change of fiscal officer. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous. Exhibit (F)
MEMORANDUM, GLENN WHITE, COUNTY MANAGER
RE: COURT SECURITY BOARD GRANT AWARD
$110,574.00
Mrs. Gray explained that the Commission had received notification that a Court Security Fund Grant had been approved for Cabell County, in the amount of $110,574.00, for the purpose of enhancing the county’s court security. L. D. Egnor, Commissioner, moved to accept the memorandum. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
L. D. Egnor, Commissioner, commended Connie Gray and Frank Simpson, Security Director, on the excellent job they did in securing this grant.
THURSDAY JULY 17, 2003
PAGE NINE
#192 AGREEMENT, CABELL COUNTY COMMISSION AND
ADMINISTRATIVE OFFICE OF THE COURTS OF THE
STATE OF WEST VIRGINIA
RE: EMPLOYMENT OF DEPUTY CLERK FOR
WORTHLESS CHECKS
Glenn White, County Manager, informed the Commission this was a renewal agreement with the West Virginia Supreme Court pertaining to funding for the office of the County Magistrate Court Clerk to handle worthless checks. Nancy Cartmill, commissioner, moved to approve the agreement between the County Commission and the West Virginia Supreme Court. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.
CITIZENS TO SPEAK:
Kim Wolfe, Sheriff, requested to be placed on the agenda for the next meeting to discuss the hiring of an additional employee to work the accounts of the committee people. President, Robert L. Bailey asked for current financial figures to justify the hiring of an additional employee.
Daniel Yon, Attorney for Carl Grover, citizen, informed the Commission that his client was very interested in purchasing a tract of land the county owned called Kiwanavista Park.
Mr. Grover stated he would like to use a portion of the land for expansion by putting a retail and manufacturing facility on the land.
Robert L. Bailey, President, asked Mr. Watson to provide Mr. Grover’s attorney with information on the property, so that Mr. Grover could make a proposal to the County.
Robert L. Bailey, President, stated he had a complaint with Adelphia Cable Company, due to the fact they had raised the rates of the cable subscribers. President Bailey stated he was concerned because the cable company had been given a fifteen-year contract by a previous Commission, several years ago and he felt a fifteen-year contract was too long.
William T. Watson, County Attorney, suggested the Commission meet with Adelphia and ask them to justify their rate increase.
PAGE TEN
Robert L. Bailey, President, adjourned the meeting at 12:10 p.m., until the next regular meeting July 31, 2003.
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PRESIDENT, COUNTY COMMISSION
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