COMMISSION MEETING

THURSDAY, JUNE 3, 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 meeting of the Cabell County Commission to order at 10:00 a.m.  

 

APPROVE:

 

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

 

L. D. Egnor, Commissioner, moved to approve purchase orders #6632 X through #6854 X and pay jackets.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous. 

 

Robert L. Bailey, Commissioner, moved to approve minutes of the May 6, 2004 Regular Commission Meeting, the May 18, 2004 Special Commission Meeting, the May 20, 2004 Regular Commission 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 handwritten checks to Mountain State Blur Cross and Blue Shield and Medical Life, not to exceed $100,000.00, from the County Medical Insurance Fund.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

APPEARING:            KIM WOLFE, SHERIFF

 

                                    RE:  APPROVAL/ACCEPTANCE OF THE 2003

                                             DELINQUENT TAX LIST       

 

Glenn White, County Manager, informed the Commission there were two copies of the 2003 Delinquent Tax List for their approval.  Mr. White went on to say that one copy would be put on file in the County Clerk’s Office and the other copy goes to the West Virginia Auditor’s Office.

 

L. D. Egnor, Commissioner, moved to approve the 2003 Delinquent Tax List.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

THURSDAY, JUNE 3, 2004

PAGE TWO

 

#125                            LETTER, KAREN S. COLE, CABELL COUNTY CLERK

 

                                    RE:  REQUESTING APPROVAL TO TRANSFER $3,500.00

                                             FROM SALARY LINE TO CAPITAL OUTLAY LINE IN

                                             THE CURRENT FY 2003/2004 BUDGET

 

Carla Meadows, Karen Cole’s assistant, explained that Mrs. Cole was requesting a transfer of money from her salary line-item to her capital outlay line-item from the current 2003/2004 budget to purchase needed items in several departments of the County Clerk’s Office.

 

L. D. Egnor, Commissioner, moved to approve the transfer of $3,500.00 from the salary line-item to the capital outlay line-item in the County Clerk’s 2003/2004 budget.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

#126                            LETTER, KIM WOLFE, SHERIFF

 

                                    RE:  REQUESTING APPROVAL TO TRANSFER $19,000.00

                                             FROM THE LAW ENFORCEMENT SALARY LINE TO

                                             THE TAX OFFICE CAPITAL OUTLAY LINE IN THE

                                             CURRENT FY 2003/2004 BUDGET

 

Jim Scheidler, Chief Deputy, stated Sheriff Wolfe was requesting the transfer of $19,000.00 from his salary line-item to the tax office capital line-item in the 2003/2004 budget. Chief Scheidler went on to say the Sheriff would like to purchase a much needed Lektriever filing and storage unit for the Tax Department.

 

Robert L. Bailey, Commissioner, moved to approve the transfer of funds in the Sheriff’s 2003/2004 budget. 

 

Nancy Cartmill, President, asked if there would be enough funds at the end of this fiscal year to transfer in order to purchase the Lektriever. Chief Scheidler replied there would be enough funds.

 

Mr. White stated he had worked with Sheriff Wolfe and Mr. Scheidler on the budget revisions and he believed there would be funds for the purchase of the Lektriever.  Mr. White further stated that later in the agenda there would be two budget revisions dealing with the jail, the holding facility, Law Enforcement and the Sheriff Department’s overtime. 

 

Mr. White went on to say that in his meetings with Sheriff Wolfe and his staff, it was clear the Sheriff understood he still had the responsibility of making sure there would be adequate funds to cover salaries until the end of the fiscal year. 

 

William Watson, County Attorney, suggested that since the end of the fiscal year was so close and this was not a crisis situation, that the Commission make a decision concerning the transferring of funds after the end of June.

THURSDAY, JUNE 3, 2004

PAGE THREE

 

Robert L. Bailey, Commissioner, withdrew his previous motion and moved to postpone voting on the transferring of funds until after the end of June.  The motion died for a lack of a second

 

After further discussion the Commission agreed to place this matter on a later agenda.

 

#127                            LETTER, KIM WOLFE, SHERIFF

 

                                    RE:  REQUESTING THAT ANY REMAINING FUNDS IN

                                             01-700-45 UNIFORMS BE CARRIED OVER TO THE

                                             2004/2004 FISCAL YEAR

 

Robert L. Bailey, Commissioner, moved to approve the Sheriff’s request to transfer any remaining funds in 01-700-45 to be carried over to the 2004/2005 fiscal year.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#128                            APPEARING, JAMES E. SPURLOCK, COUNSEL

                                    FOR DEFENDANT

 

                                    RE:  NOTICE OF HEARING   

                                             REQUEST BY REBECCA GAIL SMITH

                                             CO-ADMINISTRATOR TO REMOVE DAVID MARTIN

                                             AS CO-ADMINISTRATOR IN THE ESTATE OF AARON

                                             WINSTON MARTIN

 

James E. Spurlock, Attorney for Co-Administrator Rebecca Martin Smith, stated this matter had been referred to Fiduciary Commissioner, Daniel T. Yon and Mr. Yon had issued a report in April recommending that David Martin be removed as Co-Administrator of the estate.  Mr. Spurlock further stated he was requesting the Commission act upon the Fiduciary Commissioner’s recommendation to remove David Martin as Co-Administrator.  Mr. Spurlock requested the Commission appoint Winston Douglas Martin as Co-Administrator and that David Martin be required to turn all assets over to the Co-Administrators.

 

William Watson, County Attorney, stated he had reviewed all documentation and he would recommend, based on the Fiduciary Commissioner’s report, to approve the removal of David Martin as Co-Administrator.

 

L. D. Egnor, Commissioner, moved to remove David Martin as Co-Administrator in the estate of Aaron Winston Martin and to appoint Winston Douglas Martin as the new Co-Administrator.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

 

 

 

THURSDAY, JUNE 3, 2004

PAGE FOUR

 

#129                            RESOLUTION, CABELL COUNTY COMMISSION

 

                                    RE: EMPLOYMENT-RECLASSIFICATION

 

Robert L. Bailey, Commissioner, moved to approve the reclassification of Angela D. Maddox as a full-time Paramedic, effective June 4, 2004, with a rate of pay of $7.11 per hour.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.

 

#130                            LETTER, PUBLIC DEFENDER CORPORATION

 

                                    RE:  REQUEST THE APPOINTMENT OF DAVID BUNCH

                                             TO THE BOARD OF DIRECTORS

 

Robert L. Bailey, Commissioner, moved to approve of the appointment of David Bunch to Public Defender Corporation Board of Directors.

 

L. D. Egnor, Commissioner, asked if Mrs. Ruth Finley had been notified of this request.

 

William Watson, County Attorney, and the Commission discussed the issue on whether Mrs. Finley’s term had expired or if she was being removed by the Board of Directors.

 

Mr. Watson suggested that he contact John Cyrus, Chairman of the Board of Directors for the Public Defender Corporation, and discuss Mrs. Finley’s status and then the Commission could make a decision at a later meeting. 

 

Robert L. Bailey, Commissioner, withdrew his motion to appoint David Bunch to the Public Defender Corporation.

 

#131                            LETTER, CABELL COUNTY COMMISSION

 

                                    RE:  HOMELAND SECURITY GRANTS

                                             LETTERS OF INTENT

 

                                    #1     LAW ENFORCEMENT GRANT FUNDS-$336,930.00

 

                                    #2     PLANNER GRANT FUNDS-$50,000.00

 

                                    #3     EMERGENCY OPERATIONS CENTER (EOC) 

                                             GRANT FUNDS-$30,000.00

                                   

                                    #4     CITIZEN CORPS GRANT-$10,000.00

 

 

 

 

THURSDAY, JUNE 3, 2004

PAGE FIVE

 

Glenn White, County Manager, explained that along with the letters of intent there was a budget attached to each, which the Commission had tentatively approved in a previous meeting.

 

L. D. Egnor, Commissioner, moved to approve the four letters of intent for Homeland Security Grants.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.

 

DISCUSSION:           RE:  REVIEW OF E-911 TARIFF FEE

 

 

Nancy Cartmill, President, stated the E-911 Advisory Board has been discussing the tariff fee and the need for more money.  President Cartmill further stated the Commission had before them the minutes from the Advisory Board Meeting and a request to raise the tariff fee.

 

Shirley Lawson, E-911 Director, stated it had been seven to eight years since the tariff fee had been increased and in the near future E-911 would need additional funding. Mrs. Lawson further stated she had prepared spread-sheets for the Advisory Board and Glenn White to review.  Mrs. Lawson went on to say that the Board was now requesting an amount that would finance E-911 for fifteen years.

 

Mr. White explained the projected income, should the tariff fee be raised, and how the funds would be spent.  Mr. White informed the Commission that what the E-911 Advisory Board was proposing was a $1.00 increase now and then another $1.00 increase in fiscal year 2009/2010.

 

Mr. White explained that if the Commission approved the tariff increase, they would need to prepare an ordinance and then hold a Public Hearing in order for the ordinance to be adopted.

 

William Watson, County Attorney, stated he was concerned about the Commission binding future Commissions to an agreement that would increase the fee in 2009 or 2010.  Mr. Watson further stated he would feel better if the Commission would come back in 2009 or 2010 to amend the ordinance for the increase.

 

L. D. Egnor, Commissioner, moved to go forward and take the required action to implement the recommendation of the E-911 Advisory Board under the counsel of the PSC and subject to confirmation from the PSC.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  

 

#132                            RESOLUTION, GENERAL FUND STATE

                                    BUDGET REVISION #9

 

Glenn White, County Manager, stated he had prepared two budget revisions for the Commission to consider.  Mr. White went on to say one revision contained the $19,000.00 transfer request from the Sheriff’s Tax Department, while the other revision did not contain this transfer.

THURSDAY.  JUNE 3, 2004

PAGE SIX

 

Robert L. Bailey, Commissioner, moved to approve the General Fund State Budget Revision #9, which did not contain the $19,000.00 transfer within the Sheriff’s budget.  L. D. Egnor, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (A)

 

#132                            RESOLUTION, GENERAL FUND COUNTY

                                    BUDGET REVISION #5 

 

L. D. Egnor, Commissioner, moved to approve General Fund County Budget Revision #5.  Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.  Exhibit (B)  

 

William Watson, County Attorney, addressed the Commission concerning the matter of the City of Huntington’s annexation of the Guyandotte River, which  the Commission had approved and then rescinded at a later date.  Mr. Watson explained that the City of Huntington had brought action against the Commission and when they challenged the city’s actions, the matter went before Judge Pancake. 

 

 Mr. Watson informed the Commission he had since received a letter from Judge Pancake on the status of this matter and he now needed guidance on whether the Commission wished to proceed.

 

After a brief discussion, the Commission agreed to proceed with this matter.

 

Mr. Watson then informed the Commission he had received written notice concerning the Supreme Court’s denial to hear the Commission’s appeal on the case regarding the staffing of the holding facility.

 

Nancy Cartmill, President, adjourned the meeting at 11:20 a.m., until the next scheduled meeting on June 17, 2004, at 10:00 a.m.

 

 

 

 

 

 

 

                                                                        _____________________________________

                                                                         PRESIDENT, COUNTY COMMISSION

 

 

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