COMMISSION MEETING

THURSDAY, DECEMBER 2, 2004

PRESENT: NANCY CARTMILL, PRESIDENT

L. D. EGNOR, COMMISSIONER

ROBERT L. BAILEY, COMMISSIONER

WILLIAM T. WATSON, COUNTY ATTORNEY

GLENN WHITE, COUNTY MANAGER

SHARON ROSS, ASSISTANT COUNTY MANAGER

FOR BILLABLES AND PAYABLES

Nancy Cartmill, President, called the regular schedule meeting of the Cabell County Commission to order at 10:00 am.

APPROVE:

L. D. Egnor, Commissioner, moved to approve the agenda. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Glenn White, County Manager, stated the Commission had an emergency item that needed to be placed on the agenda concerning the postage account from the County Clerk’s Office.

Karen Cole, County Clerk, stated the Clerk’s Office was having a problem with their reserved postage account with Pitney Bowes. Mrs. Cole further stated that when the technician was transferring the postage from the old machine to the new machine, the account somehow became incorrect.

Mrs. Cole went on to say that she was working with a representative from Pitney Bowes to reconcile the postage account, however, until that time she was requesting a $25,000.00 check be approved for postage in order to continue processing the county’s mail.

Nancy Cartmill, President, stated a motion had been made and seconded authorizing a handwritten check to Pitney Bowes be added to the agenda and the vote was unanimous.

President Cartmill stated the Commission needed to remove item #273 from the agenda also.

Robert L. Bailey, Commissioner, moved to approve the agenda as amended with the addition of a handwritten check for $25,000.00 to Pitney Bowes and to remove item #273 from the agenda. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

L. D. Egnor, Commissioner, moved to approve purchase orders #2708Y through #2907Y and pay jackets. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, DECEMBER 2, 2004

PAGE TWO

Robert L. Bailey, Commissioner, moved to approve the minutes from the Regular Commission meeting of November 4, 2004, Regular Commission meeting of November 18, 2004, erroneous assessments, land consolidations, split tickets and probate documentation. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous

L. D. Egnor, 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 and a handwritten check to Pitney Bowes in the amount of $25,000.00 for the postage. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

AWARD OF CONTRACT FOR VERTICAL CAROUSEL FILING SOLUTION SYSTEM FOR THE CABELL COUNTY SHERIFF/TREASURER’S OFFICE

Glenn White, County Manager, stated he and Tom Bell, Chief Tax Deputy, had already discussed the two bid proposals received for the automated filing system and they recommend the low bid from MegaStar in the amount of $17,188.46.

Robert L. Bailey, Commissioner, moved to approve accepting the low bid from MegaStar in the amount of $17,188.46 for the vertical carousel filing system for the Sheriff/Treasurer’s Office. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#273 REMOVED

#274 APPEARING, CAMDEN SIEGRIST, ESQUIRE, BOWLES,

RICE, MCDAVID GRAFF & LOVE

RE: ST. MARY’S MEDICAL CENTER, INC., INDUCEMENT

RESOLUTION AUTHORIZING EQUIPMENT

PURCHASE

Camden Siegrist, Attorney, explained to the Commission he was working on a financing program for St. Mary’s Hospital to purchase equipment in the amount of $5,000,000 to $6,000,000. Mr. Siegrist went on to say the resolution presented would give the approval to publish a notice for a Public Hearing in order for comments to be heard on a proposed project for receiving taxes and financing. Mr. Siegrist requested the Commission set a date for the Public Hearing and that after the hearing they approve the agreement.

L. D. Egnor, Commissioner, moved to approve the resolution setting a Public Hearing for Tuesday, December 21, 2004, at 10:00 a.m. in the Commission Chambers. Robert L. Bailey, Commissioners, seconded the motion and the vote was unanimous. Exhibit (A)

THURSDAY, DECEMBER 2, 2004

PAGE THREE

#275 LETTER, MICHAEL A. WOELFEL, ESQUIRE

RE: STATEMENT OF CHARGES FOR LEGAL SERVICES

KIM WOLFE, SHERIFF v. CABELL COUNTY

COMMISSION CIVIL ACTION #04-C-113

CABELL COUNTY COMMISSION v. KIM WOLFE

SHERIFF CIVIL ACTION #03-C-971

Robert L. Bailey, Commissioner, moved to approve payment of charges for legal services to Michael Woelfel. Motion died for lack of second.

L. D. Egnor, Commissioner, stated he had several questions to ask Mr. Woelfel and since Mr. Woelfel was not here, he could not second the motion.

Robert L. Bailey, Commissioner, requested the following statement be made a part of the record.

“We have a bill for attorney fees for $25,387 which is owed to the man which is the proper thing to pay him and secondly it was ordered by the court that we pay him, as far as discussion goes the payment, if you want to abide by court order, it has to done. I want to go back a few months ago when this all came up, two or three times I moved to give the Sheriff four deputies and turn the holding facility over to him, but could not get a second on that motion. We took it to court with Ansel Ramey as our attorney, when I said we had a good attorney William Watson that we keep on retainer, but I was told Mr. Watson could not handle this sort of thing. This thing went to the State Supreme Court and we paid the firm of Steptoe & Johnson almost $40,000.00, which I am against that outfit because they are in Charleston and this makes me against them automatically. I found out Steptoe & Johnson had an office here in Huntington when I went to the TIF Meeting and they were representing Huntington against us where we could not get some of the money. I feel like we wasted money since we paid Ansel Ramey over $44,000.00 and I am dismayed over this due to the fact that about a month ago I moved to award $37,000.00 on a $140,000.00 grant we had, to give seventeen families up on Jim Mount Road good water that they did not have and the reply was we did not have the money and of course I could not get a second on that. I am going to make a motion again, because of the court order and because he’s got the money coming. I am going to moved to pay the man $25,387.50 that he is entitled to for representing the Sheriff against the County Commission.”

Nancy Cartmill, President, stated since the Commission had questions concerning Mr. Woelfel’s bill, the Commission would need for him to attend a future meeting.

Chris Tatum, Assistant County Manager, left the meeting to contact Mr. Woelfel to request his appearance before the Commission.

THURSDAY, DECEMBER 2, 2004

PAGE FOUR

President Cartmill stated she would like to point out that all three Commissioners had approved asking for a declaratory judgment on this issue and that going to court was not something done with out the approval of this Commission, as all had agreed to the decision. President Cartmill further stated she believed just because Stepto & Johnson’s legal fees were higher then Mr. Woelfel’s was not an issue at this time.

Nancy Cartmill, President, said the Commission could take this item up later in the agenda if Mr. Woelfel could be present.

#276 LETTER, OSCAR T. ADKINS, DIRECTOR, CABELL

COUNTY ALTERNATIVE SENTENCING PROGRAMS

RE: PURCHASE OF THREE 2005 JEEP LIBERTIES

ON STATE CONTRACT

Glenn White, County Manager, stated Home Confinement had budgeted $9,000.00 in this year’s budget, to be used for quarterly payments on one Durango Vehicle. Mr. White further stated that after talking with Mr. Adkins it was decided it would be more economic to purchase a Jeep Liberty, which not only was $6,000.00 less then the Durango but had lower operating costs. Mr. White went on to say since Mr. Adkins would be requesting to purchase two more vehicles the following year it would be cheaper and easier to finance if Home Confinement could purchase all three Jeep Liberties by state contract at the same time. The funds currently budgeted for payments on one Durango would be sufficient to cover the lease payments on the three Jeep Liberties for FY 2004-2005.

L. D. Egnor, Commissioner, moved to approve the purchase of three Jeep Liberty’s from state contract for Home Confinement. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, President, stated she had received word that Michael Woelfel was out of town and item #275 would be moved to an agenda when he could be present.

#277 LETTER, DONNA M. SPURLOCK

RE: REQUEST FOR HOMESTEAD EXEMPTION FOR TAX

YEAR 2004, 3310 NICKLE PLATE ROAD, DISTRICT 05,

MAP #23, PARCEL 357

Robert L. Bailey, Commissioner, moved to approve homestead exemption for Donna M. Spurlock, 3310 Nickle Plate Road, for tax year 2004. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

#278 RESOLUTION, CABELL COUNTY COMMISSION

RE: EMPLOYMENT/DIANA FUDGE, JANITOR

THURSDAY, DECEMBER 2, 2004

PAGE FIVE

Robert L. Bailey, Commissioner, moved to submit the name of Robbie Journell for employment as a janitor. L. D. Egnor, Commissioner, seconded the motion for purposes of discussion.

L. D. Egnor, Commissioner, asked if Mr. Journell had applied for the position.

Chris Tatum, Assistant County manager, replied Mr. Journell had applied, however, his application was not received until November 8, 2004, which was after the published deadline.

After a lengthy discussion Commissioners Egnor called for a vote on the motion and the vote was as follows:

Nancy Cartmill, President nay

L. D. Egnor, Commissioner nay

Robert L. Bailey, Commissioner aye

L. D. Egnor, Commissioner, moved to approve the employment of Diana Fudge for the position of janitor, effective December 6, 2004, with a rate of pay of $16,960.08 a year. Nancy Cartmill, President, seconded the motion and the vote was as follows:

Nancy Cartmill, President aye

L. D. Egnor, Commissioner aye

Robert L. Bailey, Commissioner nay

#279 RESOLUTION, CABELL COUNTY COMMISSION

RE: ADVERTISEMENT FOR THE POSITION OF

JAIL ASSESSMENT OFFICER

Glenn White, County Manager, stated that since the county jail had closed and the county was sending prisoners to the regional jail, the cost to the county had been extremely high. Mr. White further stated that by hiring a Jail Assessment Officer, there would be someone to monitor the status of the inmate population and expedite the release of inmates through the court system, which would save the county money.

Mr. White went on to say he would recommend a review after twelve months to see if the program would pay for itself and that he would recommend a salary of $25,000.00 per year for this position.

Robert L. Bailey, Commissioner, moved to approve advertising in the newspaper for a Jail Assessment Officer. L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous. Exhibit (B)

Kim Wolfe, Sheriff, question the Commission as to who the Jail Assessment Officer would be working under once hired.

THURSDAY, DECEMBER 2, 2004

PAGE SIX

Glenn White, County Manager, stated the Jail Assessment Officer would work under the administrative direction of the Cabell County Commission and under supervision of the Cabell County Alternative Sentencing Program.

L. D. Egnor, Commissioner, moved to approve a salary of $25,000.00 per year for a Jail Assessment Officer. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#280 LETTER, CABELL COUNTY COMMISSION

RE: ESTATE OF AUDREY ELIZABETH ARMSTRONG

Glenn White, County Manager, stated that the first and second Executrix, named by Mrs. Armstrong in her will, had declined to serve, therefore a letter needed to be sent to the third person named in her will in order to probate Mrs. Armstrong’s will.

L. D. Egnor, Commissioner, moved to approve the sending of a letter to the third person listed in the will of Audrey Elizabeth Armstrong informing her of her need to be appointed. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

#281 LETTERS, CABELL COUNTY COMMISSION

RE: TAX INCREMENT FINANCING

Glenn White, County Manager, stated the letters would be mailed out to Governor Bob Wise, Governor-Elect Joe Manchin and all the legislators concerning the Tax Increment Financing. Mr. White went on to say the letters were asking the assistance of the legislators in drafting and supporting legislation that would provide the same help to the counties as the legislation does to the municipalities.

L. D. Egnor, Commissioner, moved to approve the mailing of the letters to the legislators concerning the Tax Increment Financing. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

Nancy Cartmill, Commissioner, stated that all the Commissioners had attended a meeting of the Planning Commission and they were gathering up the paperwork for the Comprehensive Plan. President Cartmill also said the Planning Commission would be hosting a Gis Conference in January.

THURSDAY, DECEMBER 2, 2004

PAGE SEVEN

Nancy Cartmill, President, adjourned the meeting at 11:19 a.m., until the next regular scheduled meeting of December 16, 2004, at 10:00 a.m.

_______________________________________

PRESIDENT, COUNTY COMMISSION

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